State Coordinators’ Meeting March, 2012 pjulianelle@naehcy

1. State Coordinators’ Meeting March, 2012 pjulianelle@naehcy.org Unsticking some sticky situations:Clarity, special educationand homelessness,all in the same sentence!

2. IDEA and MV:WHY DO THEY SEEM SO STICKY? IDEA Federal education law Applies to all SEAs and LEAs Establishes procedures to ensure access to FAPE • MV • Federal education law • Applies to all SEAs and LEAs • Establishes procedures to ensure access to FAPE

3. IDEA and MV:Let’s Unstick them If a student is experiencing homelessness and has (or may have) a disability requiring special education, IDEA and MV both apply equally. Let’s start with the least sticky parts. Then we’ll start to get stuck.

4. Not sticky:Both laws Require us to find eligible students MV: Must identify all children and youth experiencing homelessness. IDEA: Must identify, locate and evaluate all children in need of special education, including those who are homeless. How can identification and child find work together?

5. Not sticky: Both law Require us to enroll immediately MV: Immediate enrollment, even without documents. Enroll means attending classes and participating fully in school activities. IDEA: Must continue evaluation timeline started in another district, unless making sufficient progress to ensure prompt completion and parent agrees to a specific extension. Must provide FAPE immediately, including services comparable to those described in the previous (current) IEP, in consultation with the parents.

6. Immediate enrollmentexample Child has an IEP in District A, loses housing, moves to and enrolls in District B. Parent tells the new school the child was receiving some special services, but does not have any school records. Immediate enrollment under MV Immediate FAPE under IDEA: request records, speak with prior district, “interim” IEP New district convenes IEP team to adopt or revise the previous IEP

7. Not sticky:Both laws Require us to Provide appropriate education MV: School of origin or local school, based on the child’s best interest. IDEA: The school district evaluates the child and determines eligibility; and the IEP team develops a set of appropriate services and identifies an appropriate placement.

8. Appropriate servicesexample IEP team develops IEP and identifies an appropriate placement: School A in School District A. Child loses housing and moves to District B. School A is the school of origin under MV, and child should stay there unless not in his/her best interest School A is the appropriate placement under IDEA (IEP team already determined that) The child’s disability is part of the best interest analysis, but an additional IEP meeting is not necessary

9. Now, it’s going to get a little sticky How can schools determine if a student has a disability and requires special education or is just struggling in school because of poor attendance or the stress of homelessness? Schools cannot base special education eligibility on “lack of instruction”. School cannot base special education eligibility on “environmental, cultural, or economic disadvantage”. So what is a disability and what is homelessness?

10. Let’s Unstick it A parent can request an evaluation at any time, even while interventions are being tried. Lack of instruction must be considered “upon completion of the administration of assessments and other evaluation measures.” It does not relieve the LEA of its statutory obligation to conduct an evaluation. Environmental, cultural and economic disadvantage and lack of instruction must be considered “as part of the evaluation.”

11. Now, it’s going to get a little stickier Which district pays for the education of a student who is living in one district and attending a special education program in the school of origin in another district? Student is attending a special education program in District A, loses housing, moves to District B, but continues attending A.

12. Let’s unstick it School A continues to be the school of origin. Neither IDEA nor MV assigns fiscal responsibility. USDE Guidance states the SEA must decide. It can help if the SEA issues a policy.

13. Now, it’s going to get a little stickier District A places student in a private school, or a “BOCES”/”ESC”/”ESD” school (School A). Student loses housing, moves to District B, but continues attending the school where placed by School A. Now which district is fiscally responsible for the education?

14. Let’s unstick it School A continues to be the school of origin. Neither IDEA nor MV assign fiscal responsibility. USDE Guidance states the SEA must decide. It can help if the SEA issues a policy.

15. Paying for Transportation:let’s unstick it IDEA is silent; MV says districts must split cost 50/50 in the absence of another agreement or policy. Scenario 1: Transportation is not a related service on the IEP. MV alone requires transportation, so the districts must follow any state policy that exists, or can divide the cost however they like, or split it 50/50.

16. Paying for Transportation:let’s unstick it (cont) Scenario 2: Transportation is a related service on the IEP. IDEA continues to cover the transportation, but MV may pick up additional costs. Ex: IDEA pays for the aide, but MV pays for out-of-district cost. A state policy to clarify this can help.

17. Paying for Transportation:let’s unstick it (cont) Scenario 3: IEP team must revisit transportation as a related service due to changes in the commute to maintain the school of origin. Disability may impact how transportation to the school of origin is provided. Ex: Longer commute requires an aide IEP team may add transportation as a related service and apportion some reasonable part of the expense as a special education responsibility.

18. Now, it’s going to get a little stickier Can students experiencing homelessness ride on special education buses if they do not have a disability?

19. Special education buses:let’s unstick it (cont) Federal law does not prohibit transporting non-disabled students on special education buses when seats are available. IDEA funds may not pay for seats occupied by students for whom transportation is not a related service per the IEP. State policies may address reimbursement via Medicaid or other funds.

20. Adding one last bit of Stick What if after a few months the parent wants the child to change to the local school? The school and school district of origin relinquish responsibility to the school district where the student is staying.

21. How Can you unstick the stickiness in your state? Do IDEA and MV personnel know each other at the state and local levels? Do IDEA and MV personnel know about each other’s legal obligations at the state and local levels? Do staff doing child find know about MV? Do they share MV information with parents and students? Do staff doing MV identification know about special education? Do they share information about disabilities, evaluations and special education with parents and students?

22. How Can you unstick the stickiness in your state? (cont) Can you and your IDEA colleagues issue some joint guidance, joint letters, or joint trainings? Perspectives from VA and FL

23. NCHE briefs http://center.serve.org/nche/briefs.php NAEHCY handout and FAQ http://www.naehcy.org/naehcy_pubs.html Resources