A New IDEA!Meeting the Needs of

Students With Disabilities Who Experience Homelessness

Patricia A. Popp, Ph.D.Past President, NAEHCY

Project HOPE-VA, The College of William and Mary

pxpopp@wm.edu

Patricia JulianellePro Bono Counsel, NAEHCYpjulianelle@naehcy.org

Federal Laws for Serving Children with Special Needs

Voc. Rehabilitation Act of 1973 - Section 504• Protection against discrimination if federal funding

Vocational Education Act of 1976• Access to vocational education

Americans with Disabilities Act (ADA) of 1990• Equal opportunity in employment, public

accommodations, transportation, state & local government, & telecommunications

Individuals with Disabilities Education Act (IDEA)

1975 - Education of All Handicapped Children Act (EHA) - P. L. 94-142

1983 - EHA Amendments - P. L. 98-199• Secondary and transition issues

IDEA of 1990 - P. L. 101-476IDEA Amendments of 1997 - P. L. 105-17Individuals with Disabilities Education

Improvement Act of 2004 – P. L. 108-446

IDEA 2004• Align with NCLB• Stronger accountability for results• Simplify paperwork & increase flexibility• Doing what works• Increase choices and meaningful

involvement for parents• Response to intervention• Discipline procedures

IDEA Implementation & Guidance

Federal legislation• USDE Regulations (OSEP)• OSEP/OSERS Policy Letters/Memos

www.wrightslaw.com/idea/law.htmwww.taalliance.org/idea/index.htm

State RegulationsLitigation (Schaffer v Weast)

Who are children with disabilities?1. Children with:

­ Learning disabilities (watch: RtI)

­Mental retardation­ Emotional disturbance

(disability or disorder)­Other health impairment­Orthopedic impairment­ Severe disabilities

­ Autism­ Traumatic brain injury­Hearing impairment

or Deafness­ Visual impairment or

Blindness­Multiple disabilities­ (Developmental

delay)20 USC 1401(3); 34 CFR 300.8

Is there a disability?• School/medical

records• Report cards• Standard

assessments• IEP • Child study minutes• Evaluation begun…

but….

• Parent/student comments

• Behavior• Teacher

observations• Observations /

evaluations by community health and mental health providers

Possible InterventionsPrior to Special Education

Classroom interventions Mentors, tutoring School counselors Consult special education team Behavior management interventions

Who are children with disabilities?

2. Children who need special education and related services by reason of their disability.

1401(3); 300.8

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

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

training1401(26); 300.34

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.

Managing the Process

4. The parent must advocate 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)

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)

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)

The Dreaded IEP5. 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 must advocate to ensure an appropriate IEP is developed, including all the related services the student needs and educational goals.

7. Parents must advocate to ensure the IEP is fully and consistently implemented.

Um, how should IEPs be 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)

Um, 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)

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 systemwww.computerautomation.com/

OK, then 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)

Hot Tips from the Pats

Get independent evaluations, if necessary.

Be prepared for the IEP meeting; know what you want and why. If the parent can’t get to the meeting, ask to use videoconferencing or a conference call; the parent has the right to be there.

1414(f); 300.322, 300.328

Hot Tips cont. “Lack of instruction” is not grounds to

refuse to evaluate a student; it must be considered as part of evaluation process (SLD) or part of eligibility determination.

1414(b)(5) 300.306, 300.309

Know your rights. You can dispute the services the school offers. The IDEA contains strong dispute resolution procedures.

Get a lawyer or advocate if necessary.

Who can sign for special education services for a minor?

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)

Um, what if a student doesn’t have any of those people?

The LEA must assign a “surrogate parent” if: no such adult can be identified, no such adult 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

OK, then how are surrogates assigned?

The LEA must have a system to determine if a child needs a surrogate parent and to assign a surrogate parent within 30 days after the need is determined.

1415(b)(2); 300.519

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

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

Discipline 101: Don’t try this at home! If a school wishes to expel or suspend a

student with a disability for more than 10 days in a school year (consecutive or cumulative), a special procedure applies.

The procedure is called a “manifestation determination review.”

The manifestation determination is a hearing to decide if the behavior resulted from the disability.

1415(k); 300.530 - 300.534

If the behavior did NOT result from the disability, the student can be disciplined the same as other students, BUT the school must provide appropriate educational services.

If the behavior DID result from the disability or the school’s failure to implement the IEP, the student must be returned to his/her regular school program, and the school must develop and implement a behavioral intervention plan.

1415(k); 300.530 - 300.534

Discipline 201 Schools can place students in

“appropriate interim alternative programs” regardless of a manifestation review for up to 45 days for possession of a weapon or illegal drugs, for causing serious bodily injury to someone at school, or if a hearing officer decides remaining in the current placement is “substantially likely to result in injury.”

1415(k); 300.530 - 300.534

When do these rules apply? When students have IEPs, When the school “had knowledge” the

student had a disability. If a special education evaluation is

requested while a student is under discipline, the evaluations must be expedited. If the child is determined to have a disability, appropriate education must be provided.

1415(k); 300.530 - 300.534

Um, what does “have knowledge” mean?

The parent has expressed concern in writing that the student needs special education services;

The parent has requested an evaluation of the student; or

A teacher, or other school personnel, has expressed specific concern about a pattern of behavior demonstrated by the student, directly to the director of special education or another LEA supervisor.

1415(k); 300.530 - 300.534

Special Education Process Flow Chart

Not in Need of Evaluation Serv ices

Declared Ineligible for Services

Review of Eligibility & Placement(Every 3 Years)

Annual IEP ReviewPlacement

IEP Implementation

Individualized Educational Plan Meeting

Declared Eligible For Services

Eligibility Committee

MedicalPsychologicalHome Study

Developmental/Educational

Evaluation(4 Components)

Child Study Committee

Child Referred

Pre-Referral

10 admin. days (state determines)

60 calendar days (IDEA 2004)

30 calendar days (state determines)

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

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

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.

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

A New IDEA!CAN’T IDEA AND MCKINNEY-VENTO JUST GET ALONG?

IDEA McKinney-VentoNo IEP from our LEA, no services

Immediate enrollment without documents

No parent, no services Immediate enrollment of unaccompanied youth

Placement through local IEP School of origin

Who’s going to pay for this? Yeah, who’s going to pay for this?

YES! Now more than ever…

IDEA now specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento.

1402(11); 300.19 New rules on records transfer, timelines,

and expediting evaluations for transferring students.

New rules on implementing previous IEPs.

IDEA now specifically requires each public agency to ensure that the rights of unaccompanied homeless youth are protected. 300.519(a)

New rules on surrogate parents for unaccompanied youth

Special education placements must be “as close as possible to the child’s home, unless the parent agrees otherwise.” 300.116

And get a load of this…

Any state receiving IDEA funds must ensure that the requirements of the McKinney-Vento Act are met for all children with disabilities in homeless situations in the state.

1412(a)(11)(A)(iii); 300.149(a)(3)

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

Key to Collaboration

Every state’s IDEA Advisory Panel and Part C Interagency Coordinating Council must include McKinney-Vento personnel

1412(a)(21); 300.168(a); 1441(b)(1)(K)

Key Collaborators

Special Education personnel State Local

Parent Training and Information Centers Protection and advocacy centers

Resources NASDSE (nasdse.org – pdf available)

Project FORUM (1999 proceedings) 2004 QTA Brief Side by Side comparison of the IDEA & IDEA 2004

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

National Early Childhood Technical Assistance Center www.nectac.org

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

Center for Law and Education www.cleweb.org

USDE Office of Special Education Programs www.ed.gov/offices/OSERS/OSEP

USDE Office for Civil Rights www.ed.gov/offices/OCR

Case Study 1: Sarah

Sarah is 16 years old. According to Sarah, she has just moved in with a friend’s family who reside in the district. Sarah left home (in a neighboring district) after an altercation with her mother, who has a history of substance abuse. Sarah’s friend’s father heard about immediate enrollment under the McKinney-Vento Act, so he came to you (the liaison). Sarah wants to enroll in school and has shared that she received special education services, but cannot explain what the disability is or the kinds of support provided. You have no records from the previous school, yet. Since the altercation, Sarah and her friend’s father have not been able to locate Mom.

Discussion

What are the first 3 things you would do in this situation?

Can Sarah enroll immediately? What options would you offer her? How would your answer change if her previous school were in another state?

Can Sarah receive special education services immediately? How will the school decide what services to provide? How would your answer change if her previous school were in another state?

Who should be contacted for information? Who should be contacted to plan Sarah’s education program?

Case Study 2: Ben

Ben has been through more in his 8 years than most have in their whole life.  In November, I (his teacher) referred him to the “Child Study” team due to his academics, social interactions, and behavior.  I was told that “he just has a lot going on in his life” and they would revisit his case in February. In those four months, Ben made no academic progress (if anything he regressed) and continued to "spiral out of control."In February, the Child Study team finally evaluated Ben for special education services. On April 12th, we met with his legal custodian to go over the results. Ben qualified for learning disabilities in all subject areas. He qualified for OT for fine and gross motor skills.  It was also decided that he would benefit from counseling due to emotional distress.  I don't understand why this whole process had to take so long.  Why didn't the testing start back in November?  Why was all this time wasted?

Discussion

Should the process take this long? Diagram what an appropriate process would look like.

What could be done to prevent/reduce such delays?

What school, school district, and community resources could have helped Ben? How would you approach those resources to seek help?

Case Study 3: Mariela and Eddie

Mariela attends Village Academy, a high school for students with special needs. Mariela’s local school district placed her in Village Academy, which is located in a neighboring school district. Last week, Mariela ran away from her abusive home. She and her 1-year old son are now living in a third school district, intermittently with her boyfriend and in a local shelter.

The driver of Mariela’s school bus reported to the school that she was no longer living at home. Her original school district has refused to send a bus to her boyfriend’s house and is refusing to pay for Village Academy. Village Academy called the school district where Mariela is living to seek payment, but they also refused to pay. Mariela is now out of school. Her son Eddie, who has always seemed moody, has now started throwing violent tantrums and screaming for hours at a time. Mariela used drugs during the early months of her pregnancy, and is worried that they may have affected Eddie.

Discussion

What educational challenges are Mariela and Eddie facing? What are some potential legal issues confronting them and the school district?

Considering Eddie’s behavior, what type of disabilities might he have? What additional information would you want to know and consider?

How could the IDEA help Mariela and Eddie get appropriate special education services? What has the school done wrong under the IDEA? How could the McKinney-Vento Act help Mariela and Eddie get appropriate services?

What school, school district, and community resources can help Mariela and Eddie? How would you approach those resources to seek help?

Case Study 4: Ricky Levinsky

Ricky Levinsky and his parents are living in a shelter, 15 miles from their former home. Before the move, Ricky had been retained in 7th grade and struggled with poor grades. At the request of his parents, the school had started evaluating Ricky for special needs. Ricky’s parents would like him to remain at the same school, so the evaluations can be completed. However, the school says that he must attend the school near the shelter, since the IDEA requires the local school to handle special education matters.

Ricky’s parents enrolled him in the local school, but due to losing their housing and changing schools, Ricky ended up missing several weeks of school. His parents asked the new school to continue the evaluations, but the school psychologist refused, saying Ricky’s problems are probably just the result of “lack of instruction.”

Discussion

Considering Ricky’s behavior, what type of disabilities might he have? What additional information would you want to know and consider?

How could the IDEA help Ricky get appropriate special education services? What have the schools done wrong under the IDEA? What would an appropriate special education process look like in Ricky’s case?

How could the McKinney-Vento Act help Ricky get appropriate services?

What school, school district, and community resources can help Ricky? How would you approach those resources to seek help?