Patricia A. Popp, State CoordinatorProject HOPE-Virginia

pxpopp@wm.edu757-221-7776

NAEHCY ConferenceNovember 2009

Individuals with Disabilities Education Act (IDEA) – Parts B & C

• Federal legislation (2004) - ED Regulations (Part B – 2006, Part C –

pending) - OSEP/OSERS Policy letters/memos www.wrightslaw.com/idea/law.htm - OSERS Q&A 2008 (NAEHCY Response)• State policies

Who is eligible to receive services under IDEA, Part B

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

20 USC 1401(3); 34 CFR 300.8

What are disabilities?

FYI

• National December 1, 2001 count: 8.9 percent of 6-21 year olds received special education services under IDEA

• 14% of homeless children are diagnosed with learning disabilities, double the rate of other children

• 54% of homeless children experience some sort of developmental delay

How many students are identified as homeless in your district? How many homeless students are also students with disabilities?

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, but not limited to:

Possible Interventions Prior to Special Education

• Classroom interventions• Mentors, tutoring• School counselors• Consultation with special education team• Behavior management interventions• Work with youth/family to provide

interventions

Part B - Starting the Process

1.Student must be ages 3-21; suspected of having a disability; who may need special education and related services

2.“Parent” or public agency must request a special education evaluation, and the “parent” must consent

3.Specific process may vary according to state laws and regulations

Process

4.Parents and school staff should work together to ensure the student receives all needed evaluations promptly (within 60 days or within state time frames)

5.The meeting to develop the Individualized Education Program (IEP) must take place within 30 days of eligibility

6.Parents and school staff should work together to ensure the IEP is fully and consistently implemented

Process

• Special education placements must be as close as possible to the child’s home, unless the IEP (including parent input) requires some other arrangement and considers any potentially harmful effect of the child or quality of services s/he needs; the right to attend the school of origin remains in effect. 300.116

Barriers to Special EducationCaused by Homelessness

• Not being identified as needing special education• Difficulty with diagnosis due to mobility and

other stressors• Lack of timely assessment, diagnosis, or service

provision• Lack of service continuity due to mobility• Lack of timely or efficient record transfers• Lack of parent or surrogate for UHY

IDEA and MV

• IDEA specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento. 1402(11); 300.19

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

• Child Find - The State must ensure that all students with disabilities who need special education are indentified, located, and evaluated: specifically includes homeless students, infants, and toddlers 1412(2)(3)(A); 300.111

SCENARIO #1

Evaluations for Children who Change LEAs

That timeframe applies 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.”

300.301(d)(2)

Evaluations

ALSO, schools must coordinate with prior schools “as necessary and as expeditiously as possible to ensure prompt completion of full evaluations.”

300.304(c)(5)

Additional Considerations for Evaluations• Lack of appropriate instruction in reading or math

must be considered upon completion of the administration of assessments and other evaluation measures, rather than operate as a gate-keeper to delay or deny evaluations.

• To ensure timely evaluation of highly mobile students, such students can receive appropriate instruction as a part of the referral process

• Environmental, cultural and economic disadvantage and lack of instruction must be considered as part of the evaluation, rather than operate as a gate-keeper to delay or deny evaluations.

How are IEPs implemented when a child changes LEAs?

• If the IEP is current, the new LEA must immediately provide appropriate services, including services comparable to the IEP from the previous LEA.

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)

How are IEPs implemented when a child changes LEAs?

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)

SCENARIO #2

Who can be a “parent” forspecial education purposes?

• Biological or adoptive 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

• Person legally responsible for the child 1401(23); 300.30(a)(4)

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 (with no

qualifying foster parent), or• the student is an unaccompanied youth under

McKinney-Vento.

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

SCENARIO #3

The Little Ones: IDEA, Part C

• Provides appropriate services to infants and toddlers under age 3 who need early intervention services due to developmental delay or a diagnosed physical or mental condition with a high probability of resulting in developmental delay and their families

- Can include those at-risk for developmental delays, at the state’s discretion

• Administered by State and local Part C agencies (local health, developmental disabilities, or mental health agencies; school districts; educational service centers; private agencies

Who Administers Part C?

• Florida Department of Health - Children's Medical Services (CMS)

• Governor designates a lead agency to receive the grant and administer the program and appoint an Interagency Coordinating Council (ICC) to advise and assist the lead agency (requires representation from homeless education)

The Process

• Preliminary screenings can indicate if an evaluation is needed

• Parents refer their children for evaluations and assessments

• “Primary referral sources” also can refer for evaluations (schools, child welfare, health care providers, shelters, social service agencies …)

The Process (cont.)

• Agency will do a comprehensive multidisciplinary evaluation and needs assessment, including the family’s needs and goals 1436

• If the child is found eligible for services, the agency must promptly develop and implement an Individualized Family Service Plan (IFSP) with parent’s participation

• Proposed regs: evaluations and IFSP must be completed within 45 days of obtaining parental consent

The Process (cont.)

• IFSP describes specific services for the child and family and must be reviewed every 6 months (or more often as appropriate)

• IFSP must name a specific service coordinator1436, NPRM 303.320(e), 303.344(g)

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• Social work services• Assistive technology devices and services• Transportation to receive services

Can Part C programs expedite the evaluation process or provide services before the

evaluations are finished?• Yes• Part C can expedite evaluations for homeless children

- Ask parents about upcoming moves - Ask parents if an evaluation has been initiated at another

school or with a provider elsewhere - Obtain a copy of prior evaluation, obtain consent

• Part C services can be provided while completing evaluations (parental consent, service coordinator, interim IFSP)

How can IDEA Part B staff and Part C agencies and school districts serve homeless children,

youth, infants, and toddlers better?• Implement procedures to expedite evaluations• Ensure all understand the law and importance of

continuous services for homeless children with disabilities• Develop expedited surrogate parent appoint procedures

for children not with their parents• Ensure that IDEA Part B, Part C, and homeless education

staff know one another• Form an advisory committee• Work across districts where homeless families move back

and forth

SCENARIO #4

National Resources

• National Center for Homeless Education: www.serve.org/nche• Council for Exceptional Children: www.cec.sped.org• National Association for the Education of Homeless Children

and Youth: www.naehcy.org • National Association of State Directors of Special Education:

www.nasdse.org • National Disability Rights Network: www.napas.org • Parent Training and Information Centers:

www.taalliance.org/centers/index.htm • US Department of Education’s Office of Special Education

Programs : www.ed.gov/offices/OSERS/OSEP