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Unsticking Some Sticky Situations: An IDEA-MV Roadmap for the Brave

Unsticking Some Sticky Situations: An IDEA-MV Roadmap for the Brave. AZ Homelessness Conference, October 2012 Patricia Julianelle, pjulianelle@naehcy.org Legal Director, NAEHCY.

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Unsticking Some Sticky Situations: An IDEA-MV Roadmap for the Brave

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  1. Unsticking Some Sticky Situations:An IDEA-MVRoadmapfor the Brave AZ Homelessness Conference, October 2012 Patricia Julianelle, pjulianelle@naehcy.org Legal Director, NAEHCY

  2. Mariela was living in School District A, which placed her in a nonpublic school pursuant to her IEP. She lost her housing and is staying temporarily in School District B. • Is the nonpublic school Mariela’s school of origin under the McKinney-Vento Act? • How do we determine if remaining in the nonpublic school is in her best interest? • How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination? • If Mariela remains in her school of origin, which school district pays for her education? • Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

  3. The Intersection of MV & IDEA

  4. Our Plan of Attack • The Law • The Practice • You Try

  5. Step 1: Who Takes the Lead?The Law • MV takes the lead for rights and services related to homelessness. • IDEA takes the lead for rights and services related to a disability. • Beyond that, federal law does not assign responsibility. • Practically, collaboration is essential.

  6. Who Takes the Lead?The Practice • Communication and collaboration • Who are your district special ed team members? • Do they know you? • Do they know about McKinney-Vento? • Do you have a protocol for approaching mixed McKinney-Vento / IDEA issues?

  7. Who Takes the Lead?The Practice (cont.) • Gateways to collaboration: • Compliance issues • Child find (1412(a)(3)(A), 1435; 300.103) • Cross-training • http://www.k12.wa.us/HomelessEd/pubdocs/BriefFinal.pdf • Support from the state

  8. Step 2: Immediate EnrollmentThe Law • McKinney-Vento • Immediate enrollment • With or without documents • With or without parent/guardian • Attending classes and participating fully in school activities

  9. Immediate EnrollmentThe Law (cont.) • IDEA– students with IEPs • If the IEP is current, the new LEA must immediately provide appropriate services. 1414(d)(2)(C)(i); 300.323(e) • Appropriate means “services comparable to those described” in the previous IEP, in consultation with parents. 1414(d)(2)(C)(i); 300.323(e)

  10. Immediate EnrollmentThe Law (cont.) • IDEA– students with IEPs (cont.) • The new LEA must promptly obtain the child’s records from the previous school, and the previous school must promptly respond to records requests. • The new LEA can either adopt the old IEP, or develop a new one.1414(d)(2)(C); 300.323(e),(g)

  11. Immediate EnrollmentThe Law (cont.) • IDEA– students in the process of being evaluated • Clock continues to run when students change LEAs, 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) • 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)

  12. Immediate Enrollment:The Practice • Anticipate mobility • Inter-district communication • Rapid records transfer • Talk with parents and youth • Interim IEPs • Work with LEA special education colleagues to develop procedures

  13. Step 3: School of origin vs.IDEA placementThe Law • MV keeps students stable in the school of origin, as long as it is in the child’s best interest. • Special education needs are one of the best interest factors • IDEA states that special education placements must be “as close as possible to the child’s home, unless the parent agrees otherwise.” 300.116

  14. School of origin vs. IDEA placementThe Practice • Which school is in the child’s best interest? • Communication • Liaison invited to IEP meetings • IEP team members consulted on best interest determinations • Payment for transportation: is it a related service on the IEP?

  15. And keep in mind… • IDEA now specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento. 1402(11); 300.19 • 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)

  16. Step 4: Who Pays?The Law • Under IDEA, the LEA that develops the IEP and makes the placement pays for tuition (and transportation, if it is a related services on the IEP). • MV does not assign fiscal responsibility for tuition…

  17. Who Pays?The Law (cont.) • However, when students remain in the school of origin but are staying in another district: • Tuition: neither IDEA nor MV assign fiscal responsibility. USDE Guidance states the SEA must decide. (E-2) • Transportation: IDEA is silent; MV says districts must split cost 50/50 in the absence of another agreement or policy.

  18. Who Pays? The Practice • Check your state policies (i.e. call Frank). • Ask your IDEA colleagues what policies already exist on paying for out-of-district placements. • Ask your IDEA colleagues what policies already exist on paying for transportation. • Ask your IDEA colleagues what policies already exist to resolve inter-district disputes.

  19. Who Pays? The Practice (cont.) • In the absence of state policies, develop local policies. • Formal or informal • Mutually-agreed upon • Deal with school of origin, tuition and transportation • Deal with MV funds vs. IDEA funds • Deal with inter-district disputes • Consult your IDEA colleagues on sticky issues on an on-going basis. • Check them out with Frank

  20. You Try, Brave Souls: Unstick it! Mariela was living in District A, which placed her in a nonpublic school pursuant to her IEP. She lost her housing and is staying temporarily in District B. • Is the nonpublic school Mariela’s school of origin? • How do we determine if remaining in the nonpublic school is in her best interest? • How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination? • If Mariela remains in her school of origin, which school district pays for her education? • Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

  21. Resources • NASDSE (www.nasdse.org) • Project FORUM (www.projectforum.org) • Project HOPE-VA (www.wm.edu/hope) • Information briefs • NAEHCY and NCHE • IDEA overview http://center.serve.org/nche/downloads/briefs/idea.pdf • Implementing IDEA for Homeless Students http://center.serve.org/nche/downloads/briefs/idea_qa.pdf • IDEA/MV Problem-Solving Process http://center.serve.org/nche/downloads/briefs/nav_idea_mv.pdf

  22. Resources (cont’d) • NECTAC • http://www.nectac.org/contact/ptccoord.asp • Parent Training and Information Centers • (888) 248-0822 • CEC (www.cec.sped.org) • CEC Today – March 2003 • Free legal resources for students with disabilities • National Disability Rights Network (www.napas.org) • 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

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