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Unsticking Some Sticky Unsticking Some Sticky Situations:Situations:An IDEA-MVAn IDEA-MVRoadmapRoadmapfor the Bravefor the Brave

AZ Homelessness Conference, October 2012AZ Homelessness Conference, October 2012

Patricia Julianelle, pjulianelle@naehcy.orgPatricia Julianelle, pjulianelle@naehcy.org

Legal Director, NAEHCYLegal Director, NAEHCY

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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.

1. Is the nonpublic school Mariela’s school of origin under the McKinney-Vento Act?

2. How do we determine if remaining in the nonpublic school is in her best interest?

3. How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination?

4. If Mariela remains in her school of origin, which school district pays for her education?

5. Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

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The Intersection of MV & IDEA

IDEA McKinney-Vento

This student is homeless: MV should take the lead

This student has an IEP: IDEA should take the lead

Who pays? Who pays?

No IEP from our LEA, no services (?)

Immediate enrollment without documents

Placement determined by IEP team

School of origin

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Our Plan of Attack

1. The Law2. The Practice3. You Try

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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.

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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?

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Who Takes the Lead?The Practice (cont.)

Gateways to collaboration: Compliance issues Child find (1412(a)(3)(A), 1435; 300.103)

Cross-traininghttp://www.k12.wa.us/HomelessEd/pubdocs/

BriefFinal.pdf Support from the state

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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

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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)

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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)

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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)

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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

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Step 3: School of origin vs.IDEA placement

The 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

1414

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?

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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)

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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…

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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.

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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.

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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

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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.

1. Is the nonpublic school Mariela’s school of origin?

2. How do we determine if remaining in the nonpublic school is in her best interest?

3. How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination?

4. If Mariela remains in her school of origin, which school district pays for her education?

5. Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

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Resources NASDSE (www.nasdse.org)

Project FORUM (www.projectforum.org) Project HOPE-VA (www.wm.edu/hope)

Information briefs NAEHCY and NCHE

IDEA overviewhttp://center.serve.org/nche/downloads/briefs/idea.pdf

Implementing IDEA for Homeless Studentshttp://center.serve.org/nche/downloads/briefs/idea_qa.pdf

IDEA/MV Problem-Solving Processhttp://center.serve.org/nche/downloads/briefs/nav_idea_mv.pdf

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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