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McKinney-Vento and IDEA: Working Together to Support Students With Disabilities Experiencing Homelessness

True or False?. Any student with a disability is eligible for special education services.Once a student is determined eligible for special education, (s)he will remain in special education until graduation.The parent is a key contributor in determining a child's eligibility for special education.

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McKinney-Vento and IDEA: Working Together to Support Students With Disabilities Experiencing Homelessness

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    1. McKinney-Vento and IDEA: Working Together to Support Students With Disabilities Experiencing Homelessness NAEHCY Annual Conference Portland, Oregon November 10, 2007 Joy Moses National Law Center on Homelessness & Poverty Patricia A. Popp, Ph.D. & Jessica L. Murray Project HOPE-VA The College of William and Mary Pat welcome and survey audiencePat welcome and survey audience

    2. True or False? Any student with a disability is eligible for special education services. Once a student is determined eligible for special education, (s)he will remain in special education until graduation. The parent is a key contributor in determining a child’s eligibility for special education. Students who are homeless are twice as likely to be identified as having a learning disability than housed peers. If a student moves during the special education referral and assessment process, the referral is void and assessment must cease. A new referral must be made in order to proceed with testing. PatPat

    3. Individuals with Disabilities Education Act (IDEA) Federal legislation (2004) ED Regulations (Part B -2006; Part C - ?) OSEP/OSERS Policy Letters/Memos www.wrightslaw.com/idea/law.htm www.taalliance.org/idea/index.htm State Regulations Litigation JoyJoy

    4. Hmmm… Tony, a third grader, and his mother have just moved into a domestic violence shelter. Tony’s mom, concerned about safety and having some relatives in the area, has opted to enroll her son in the local school. Tony begins acting out (a temper tantrum) when he goes with mom to enroll. Mom has no records and isn’t sure of the name of the last school. What must the school do? What questions might the school have? How can those questions be addressed? Joy/Pat?Joy/Pat?

    5. Who is eligible to receive services under IDEA? Children who need special education and related services by reason of their disability. 20 USC 1401(3); 34 CFR 300.8 PatPat

    6. What is special education? Specially-designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. 1401(29); 300.39 PatPat

    7. What are related services? Transportation and developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including: speech-language services audiology services interpreting services psychological services physical and occupational therapy early identification counseling services school health services social work services parent counseling and training 1401(26); 300.34 Note including definition (includes but not limited to) PatNote including definition (includes but not limited to) Pat

    8. What are disabilities? Learning disabilities Mental retardation Emotional disturbance (disability or disorder) Other health impairment Orthopedic impairment Severe disabilities Autism Traumatic brain injury Hearing impairment or Deafness Visual impairment or Blindness Multiple disabilities (Developmental delay) 1401(3); 300.8 PatPat

    9. Possible Interventions Prior to Special Education Classroom interventions Mentors, tutoring School counselors Consult special education team Behavior management interventions Jessica Remember definition….”who need special education” other interventions must be tried firstJessica Remember definition….”who need special education” other interventions must be tried first

    10. Revisit Tony New thoughts/questions??? JessicaJessica

    11. Hmmm…. Anna is in fifth grade and reading on a second grade level. She has attended 5 schools since second grade. After a number of child study referrals, the school team has agreed to complete an evaluation and assessments have begun. Now, Anna has moved again and the new LEA does not think the evaluation should be done since she has not had adequate opportunities for appropriate instruction. Can the new LEA stop the evaluation? What could/should occur to support Anna? JessicaJessica

    12. Starting the Process 1. The student must be age 3 – 21 (Part B); suspected of having a disability; who may need special education and related services. 2. The “parent” must request a special education evaluation, in writing. 1414(a)(1); 300.301(b) 3. The parent should keep a signed, dated copy of the request. JessicaJessica

    13. Managing the Process 4. The parent should work with school staff to ensure the student receives all needed evaluations, promptly. Um, what does promptly mean? IDEA now says within 60 days or within state timeframes. 1414(a)(1)(c); 300.301(c) Joy Have sample of state timeframes – included in handoutJoy Have sample of state timeframes – included in handout

    14. Those timeframes apply to students who change LEAs while evaluations are pending, UNLESS (i) the new LEA is “making sufficient progress to ensure a prompt completion of evaluations,” AND (ii) “the parent and the LEA agree to a specific time when the evaluation will be completed.” 1414(a)(1)(C)(ii); 300.301(d)(2) JoyJoy

    15. ALSO, schools must coordinate with prior schools “as necessary and as expeditiously as possible to ensure prompt completion of full evaluations.” 1414(b)(3)(D); 300.304(c)(5) JoyJoy

    16. The Dreaded IEP 5. If evaluations show that the student needs special education and related services due to a disability, the school must develop an Individualized Education Program (IEP) for the student within 30 days. The IEP is the blueprint for the student’s education. 1414(d); 300.320, 300.323 6. Parents should ensure the IEP is fully and consistently implemented. PatPat

    17. How are IEPs implemented when a child changes LEAs? If the IEP is current, the new LEA must immediately provide appropriate services. 1414(d)(2)(C)(i); 300.323(e) What does “appropriate services” mean? “Services comparable to those described” in the previous IEP, In consultation with parents. 1414(d)(2)(C)(i); 300.323(e) PatPat

    18. The new LEA must promptly obtain the child’s records from the previous school, and the previous school must promptly respond to records requests. 1414(d)(2)(C)(ii); 300.323(g) SEAS (Special Education Automation System): private web-based data system www.computerautomation.com/ PatPat

    19. Appropriate services are in place, now what? The new LEA can either adopt the old IEP, or develop a new one. If it’s a new state, the LEA can conduct new evaluations. 1414(d)(2)(C)(i); 300.323(e) PatPat

    20. Tips to Consider to Ensure Appropriate Services “Lack of instruction” is not grounds to refuse to evaluate a student; it must be considered as part of the evaluation process (SLD) or part of the eligibility determination. 1414(b)(5) 300.306, 300.309 Be prepared for the IEP meeting; know what you want and why. Consider videoconferencing or a conference call if necessary; the parent has the right to be there. 1414(f); 300.322, 300.328 PatPat

    21. Tips, continued Get independent evaluations, if necessary. Be familiar with all your procedural safeguards. Communicate concerns verbally and in writing. Know the “chain of command” for your communication. If that doesn’t work, the IDEA contains strong dispute resolution procedures (e.g., mediation and due process). Work with a lawyer or advocate, if necessary. JoyJoy

    22. Revisit Anna New thoughts/questions??? JoyJoy

    23. Hmmm…. You are a homeless liaison in Bedford school district. One of your students, Mark (age 16), has been out of school for a year—since the time he left home and began living with various friends and family members. Mark has trouble reading and his school records include information about special education evaluations that were begun, but never completed, when he was in the 7th grade. One of his current teachers, who also suspects a disability, has repeatedly called Mark’s mother, but hasn’t received a response from her. What challenges are evident in Mark’s situation? Can you think of ways to begin addressing those challenges? What can a homeless liaison do in this situation? JoyJoy

    24. Who can be a “parent” for special education purposes? parent, foster parent, guardian, person who is acting in the place of a parent and with whom the child is living; can be a non-relative (300.20 “include”), a person legally responsible for the child. 1401(23); 300.30(a)(4) Joy Should we note the preference for natural or adoptive parent unless educational rights have been terminatedJoy Should we note the preference for natural or adoptive parent unless educational rights have been terminated

    25. Um, what if a student doesn’t have any of those people? The LEA must assign a “surrogate parent” within 30 days, if: no “parent” can be identified, no “parent” can be located, the student is a ward of the State, or the student is an unaccompanied youth under McKinney-Vento. 1415(b)(2); 300.519 JoyJoy

    26. Who can be a surrogate? Surrogate parents can’t be employees of SEAs, LEAs, or other agencies involved in the education and care of the child, and can’t have any conflicting interests. They must have knowledge and skills necessary to be a good surrogate. 1415(b)(2); 300.519 JoyJoy

    27. BUT for unaccompanied youth, the following people can be temporary surrogates: Staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs; State, LEA, or agency staff involved in the education or care of the child. 300.519; preamble to regulations JoyJoy

    28. Revisit Mark New thoughts/questions??? JoyJoy

    29. Child Find The State must ensure that all students with disabilities residing in the State who need special education are identified, located, and evaluated. This requirement specifically applies to students experiencing homelessness, including infants and toddlers. 1412(a)(3)(A), 1435; 300.103 JessicaJessica

    30. Aligning IDEA with MV IDEA now specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento. 1402(11); 300.19 IDEA now specifically requires each public agency to ensure that the rights of unaccompanied homeless youth are protected. 300.519(a) Any state receiving IDEA funds must comply with the McKinney-Vento Act for all children with disabilities who are homeless. 1412(a)(11)(A)(iii); 300.149(a)(3) JoyJoy

    31. The Little Ones: IDEA Part C Provides services to infants and toddlers under age 3 who have a disability (includes developmental delay, physical or mental condition likely to produce a developmental delay, and those at-risk for developmental delays, at a state’s discretion). 1434 PatPat

    32. School must do a multidisciplinary evaluation and needs assessment, including the family’s needs and goals. School must promptly develop and implement an individualized family service plan (IFSP), evaluated once a year and reviewed every 6 months, or more often as appropriate. 1436 PatPat

    33. What services might be available? family training, counseling, and home visits; speech-language services; occupational and physical therapy; psychological and social work services; service coordination services; health services necessary to enable the infant or toddler to benefit from the other early intervention services; social work services; assistive technology devices and services; and transportation and related costs that are necessary to enable an infant or toddler and family to receive another service. PatPat

    34. Part C programs must make services available to infants and toddlers with disabilities who are homeless, and their families. 1434(1) There is a right to a hearing, confidentiality, and to decline any services. Surrogate parent rules also apply to Part C. 1439 PatPat

    35. Resources NASDSE (www.nasdse.org) Project FORUM (1999 proceedings) 2004 QTA Brief: http://www.nasdse.org/publications/homelessness_and_SWD.pdf CEC (www.cec.sped.org/) CEC Today – March 2003 Project HOPE-VA (www.wm.edu/hope) Information briefs – special ed., ECSE National Dissemination Center for Children With Disabilities www.nichcy.org (Includes fact sheets) NAEHCY, NCHE and NLCHP Individuals with Disabilities Education Improvement Act (IDEA) of 2004: Provisions for Children and Youth with Disabilities Who Experience Homelessness; http://www.serve.org/nche/downloads/briefs/idea.pdf

    36. Resources (cont’d) Parent Training and Information Centers (888) 248-0822 The Child Advocate www.childadvocate.net/educational.htm Free legal resources for students with disabilities National Disability Rights Network (www.napas.org) www.nls.org/paatstat.htm Resources for parents of students with disabilities, from USDE www.ed.gov/parents/needs/speced/resources.html USDE Office of Special Education Programs www.ed.gov/offices/OSERS/OSEP USDE Office for Civil Rights www.ed.gov/offices/OCR

    37. Group Activity: Implementing IDEA for children and youth in homeless situations in your district Group I: Initiating and Expediting Evaluations Group D: Implementing IEPs for Transfer Students Group E: Assigning Temporary Surrogates for Unaccompanied Youth Group A: Identifying and Serving Infants and Toddlers with Disabilities Jessica lead?Jessica lead?

    38. Group I: Initiating and Expediting Evaluations What will you do to: help parents know their rights and initiate evaluations? coordinate the evaluation process with prior and subsequent school districts? ensure evaluations are completed within time limits for students transferring into and out of your district? collaborate with your special education team, and to maintain a strong collaboration? GG

    39. Group D: Implementing IEPs for Transfer Students What will you do to: determine if enrolling students are special education students? ensure special education students enrolling in your district receive “appropriate services” immediately? facilitate records transfer between prior and subsequent school districts? collaborate with your special education team, and to maintain a strong collaboration? GG

    40. Group E: Assigning Temporary Surrogates for Unaccompanied Youth What will you do to: determine if an unaccompanied youth may need special education services? determine if an unaccompanied youth has a “parent” available? identify potential temporary surrogates if no “parent” is available,? collaborate with your special education team, to implement a process for immediate assignment of temporary surrogate parents, and to maintain a strong collaboration? GG

    41. Group A: Identifying and Serving Infants and Toddlers with Disabilities What will you do to: find and identify children under 3 who may need special education services? help their parents know their rights and initiate evaluations? ensure evaluations are completed and IFSPs are implemented promptly? ensure IFSPs are continuously implemented when children transfer school districts? collaborate with your local Part C team, and to maintain a strong collaboration? GG

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