1 McKinney-Vento and Special Education  Overview  Revocation of Consent  FAQ’s  Resources

2 Part B of the IDEA  Part B of the IDEA provides assistance to States, and through them to local school districts, to assist in providing a free appropriate public education (FAPE) to children with disabilities between the ages of 3 and 21, inclusive.  FAPE under Part B of IDEA includes the provision of special education and related services, at no cost to parents, under public supervision and direction, in an appropriate preschool, elementary school, or secondary school program in the State involved, in conformity with an individualized education program (IEP)

3 Part C of IDEA  Part C of the IDEA authorizes assistance to States in developing and implementing a coordinated, Statewide early intervention system to meet the early intervention needs of infants and toddlers with disabilities and their families.  Requirements under Part C include child find and the provision of early intervention services as they apply in particular to homeless infants and toddlers with disabilities and their families.

4 Definition of Parent (§300.30)  A biological or adoptive parent of a child;  A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;  A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);  An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or  An individual who is legally responsible for the child's welfare; or a surrogate parent who has been appointed in accordance with 34 CFR § or section 639(a)(5) of IDEA.

5 Part B Supplemental Regulations Supplemental Regulations were published on December 1, 2008 and became effective on December 31, df/E pdf df/E pdf

6 § – Parental Consent The Bottom Line – A parent has the right to unilaterally withdraw a child with a disability from continued special education and related services and a public agency may not challenge that parent’s decision using Part B dispute resolution procedures

7 Parental Consent New § (b)(4) – If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services the public agency -

8 Parental Consent (i) May not continue to provide special education and related services to that child, but must provide prior written notice in accordance with § before ceasing the provision of special education and related services (i) May not continue to provide special education and related services to that child, but must provide prior written notice in accordance with § before ceasing the provision of special education and related services

9 Parental Consent (ii) May not use the procedures in subpart E of this part (including the mediation procedures under § or the due process procedures under §§ through ) in order to obtain agreement or a ruling that the services may be provided to the child (ii) May not use the procedures in subpart E of this part (including the mediation procedures under § or the due process procedures under §§ through ) in order to obtain agreement or a ruling that the services may be provided to the child

10 Parental Consent (iii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and

11 Parental Consent (iv) Is not required to convene an IEP Team meeting or develop an IEP under §§ and for the child for further provision of special education and related services.

12 Parental Consent Implementation Considerations: –Age of Majority –Surrogate Parents –Discipline

13 Evaluation Timelines (§ )  Once parental consent is obtained, an initial evaluation must be completed within 60 days or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe.

14 Evaluation Timelines  Exception :  A child enrolls in a school of another public agency or school district after the relevant timeframe has begun and prior to a determination by the child’s previous public agency or school district whether the child is a child with a disability.

15 Evaluation Timelines  The new public agency or school district may extend the 60-day or State-established timeframe only if:  (1) it is making sufficient progress to ensure prompt completion of the evaluation; and  (2) the parent and the new public agency agree to a specific time when the evaluation will be completed.

16 Least Restrictive Environment  Section (a)(2) requires that, to the maximum extent appropriate, children with disabilities are educated with children who are not disabled.  Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

17 Least Restrictive Environment  Sec ensures that a child's parent is included in the group of persons making the decision about the child's placement.

18 FAPE and School of Origin  Best interest considerations: –There may be circumstances in which the existence of a disability may factor into best interest determinations affecting school placements.

19 FAPE and School of Origin  The placement group from the public agency responsible for providing FAPE to a homeless child with a disability would need to determine whether it would be appropriate to continue the child’s placement in his or her school of origin or place the child in a new school.

20 Transportation  Transportation is a related service under IDEA.  Transportation includes-- –(i) Travel to and from school and between schools; (i) –(ii) Travel in and around school buildings; and (ii) –(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability. (iii)

21 Transportation  IEP teams determine whether transportation is required to assist a child with a disability to benefit from special education  Implementation considerations: –Transportation and school of origin.

22 Transition Services (§ (b))  Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually thereafter, the IEP must include:

23 Transition Services  (i) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills;

24 Transition Services  (ii) The transition services (including courses of study) needed to assist the child in reaching those goals; and  (iii) Beginning not later than one year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under Part B, if any, that will transfer to the child on reaching the age of majority.

25 Resources  Idea.ed.gov – IDEA statute and regulations, topic briefs and FAQ documents  Questions and Answers on Special Education and Homelessness: /osers/osep/policy.html /osers/osep/policy.html /osers/osep/policy.html

26 Contact Information  Laura Duos, OSERS, Office of Policy and Planning  OSEP State Contacts: d/idea/monitor/state-contact- list.html d/idea/monitor/state-contact- list.html d/idea/monitor/state-contact- list.html