mckinney ‐ vento and idea: working together to support students with disabilities naehcy annual...
TRANSCRIPT
McKinney‐Vento and IDEA: Working Together to Support Students With Disabilities
NAEHCY Annual ConferenceCrystal City, VAOctober 31, 2008
Paula J. Burdette, Ph.D. – Project Forum, NASDSEPatricia Julianelle, J.D. – National Association for the Education of
Homeless Children and YouthKathleen McNaught, J. D. – Center on Children and the Law, ABA
Patricia A. Popp, Ph.D. – Project HOPE-VA
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.
Agenda Background – setting the stage Decision Making – aka, who is the parent?? Evaluation and Service Delays –
complications of mobility & poverty Navigating IDEA and M-V – problem solving Part C – our littlest ones Transition Planning – the bigger folks Next Steps
June Policy Forum
Project Forum and NCHE Hosted Colorado, Virginia, Texas
State and localHomeless educationPart BPart C
Individuals with Disabilities Education Act (IDEA – Parts B & C) Federal legislation (2004)
• ED Regulations (Part B -2006; Part C - ?)• OSEP/OSERS Policy Letters/Memos
www.wrightslaw.com/idea/law.htmwww.taalliance.org/idea/index.htm
• OSERS Q&A (NAEHCY response) State Regulations (Where is your state in the
process?) Litigation
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? Specific learning
disability Speech or language
impairment Mental retardation Emotional disturbance
(disability or disorder) Other health impairment Orthopedic impairment
Autism Traumatic brain injury Hearing impairment Deafness Visual impairment or
Blindness Deaf-blindness Multiple disabilities (Developmental
delay)1401(3); 300.8
FYI
National December 1, 2001count: 8.9 percent of 6-21year olds received special education services under IDEA
Homework: How many students are identified as homeless in your district? How many homeless are also SWD?
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:
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
Possible InterventionsPrior to Special Education
Classroom interventions Mentors, tutoring School counselors Consultation with special education team Behavior management interventions Work with youth/family to provide interventions
Child Find The State must ensure that all students with
disabilities who need special education are identified, located, and evaluated: specifically includes students experiencing homelessness, including infants and toddlers.
1412(a)(3)(A), 1435; 300.111
Since McKinney-Vento liaisons must identify children and youth who are homeless, this is an excellent area for cross-program collaboration.
Homework: “Find” your Child Find contacts.
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)
Starting the Process
1. The student must be age 3 through 21 (Part B); suspected of having a disability; who may need special education and related services.
2. The “parent” or public agency must request a special education evaluation, and the “parent” must consent.
1414(a)(1); 300.301(b)
3. Specific process may vary slightly depending on state laws/regulations.
Note: The parent should keep a signed, dated copy of the request.
Managing the Process
4. Parents and school staff should work together to ensure the student receives all needed evaluations, promptly.
Um, what does promptly mean?
IDEA now says within 60 days or within state timeframes.
(“Day” means calendar day unless otherwise specified.)
1414(a)(1)(c); 300.301(c)
Homework: Check your state’s timeline.
(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)
Those timeframes apply to students who change LEAs while evaluations are
pending, UNLESS
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. The meeting to develop the Individualized Education Program
(IEP) must take place within 30 days of the eligibility determination.
1414(d); 300.320, 300.323
6. Parents and school staff should work together to ensure the IEP is fully and consistently implemented.
7. 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 on the child or quality of services s/he needs; the right to attend the school of origin remains in effect.
300.116
How are IEPs implemented when a child changes LEAs?
If the IEP is current, the new LEA must immediately provide a free appropriate public education (FAPE), 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)
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.
If it’s a new state, the LEA can conduct new evaluations, but during the interim, the LEA must provide FAPE.
1414(d)(2)(C); 300.323(e),(g)
Group Talk
What will you do to initiate and expedite evaluations?
What will you do to implement IEPs for transfer students?
Who are the key contacts You have already identified You need to identify
Any tips for getting these key contacts to the table?
Special Education Decisionmaker
Why does state law matter?
Many of the key IDEA definitions and provisions include elements of state dependency law. This can result in many of the IDEA rules working quite differently in different states depending on the answer to certain state law questions.
Key State Law Questions: Whether foster parents can serve as IDEA
parents
Whether the judge has the authority to limit education decisionmaking rights of a parent and appoint an “educational guardian” to make education decisions (and under what standard)
State definition of Ward of the State (this can affect how and when education agencies can appoint surrogate parents)
Whether state law requires Surrogate Parents for all children who are state wards of the State (even those with birth or adoptive parents)
The IDEA Parent The IDEA Parent is the person who can make
education decisions for a child in care with a disability or who might have a disability
The IDEA Parent has many rights: To consent in writing to the initial evaluation of the
child. To consent in writing to services beginning. To receive notice of and participate in IEP
meetings; To get notice of and agree with a school district’s
proposal To request a special education hearing; and lots
more.
Key Definition #1: Who can be an IDEA parent under Parts B
and C? Birth or adoptive parent, foster parent unless prohibited by state law, guardian generally authorized to act as the
child’s parent or to make educational decisions for the child (but not the state if a child is a ward of the state),
person who is acting in the place of a parent and with whom the child is living; can be a non-relative,
a person legally responsible for the child. a surrogate parent
34 C.F.R. §300.30
When is the birth or adoptive parent the IDEA parent?
When the biological or adoptive parent is “attempting to act” as the parent, the school district must treat the birth or adoptive parent as the IDEA parent UNLESS a court has decided that the parent doesn’t have legal authority to make education decisions for the child.34 C.F.R. §300.30(b)(1)
And if the parent is not “attempting to act”?
the education agency can treat one of the other persons on the list as the IDEA parent.
However, if a judicial decree or order specifies another person, either as a surrogate parent or a guardian, the education agency must accept that person as the IDEA parent.
Caution: If the child is a “ward of the state under the laws of the state” sometimes an education agency can appoint a surrogate parent even if there is a birth or adoptive parent who is “attempting to act” – more about this later
Key Definition #2: Who is an IDEA ward of the State?
Ward of the State for Part B and C means a child who is: A foster child A ward of the State under the laws of the state,
or In the custody of the child welfare agency.
EXCEPT: It does not include a foster child who has a foster
parent who meets the IDEA definition of parent (that means the state’s law does not bar or limit the foster parent from serving as an IDEA parent).
34 C.F.R. §300.45
Why is it important to understand which children are IDEA wards of the State in your
state?
A court can only appoint a surrogate parent for a child who is an IDEA ward of the State.
Courts can select someone to authorize an initial evaluation only for a child who is an IDEA ward of the State.
How do you figure out who is an IDEA ward of the State in your state?
Determine whether foster parents in your state are barred or limited from serving as IDEA parents.
If they are permitted to serve as IDEA parents, IDEA wards of the State are limited to children in care who are not in foster care.
So how does that work?
For example: In PA, where there is no state law, regulation, or contractual obligation that prohibits a foster parent from being an IDEA parent, an IDEA ward of the State is any child in the custody of a child welfare agency who does not have a foster parent – everyone else has a foster parent who can serve as an IDEA parent and therefore is not an IDEA ward of the state.
In Vermont, where state law prohibits foster parents from serving as IDEA parents, every child in state care is an IDEA ward of the State.
When is parental consent not required for an initial evaluation of an IDEA ward
of the State (Part B only)?For an IDEA ward of the State who is not living with her parents, an education agency must still make reasonable efforts to obtain consent from the parent, EXCEPT when: Parent’s whereabouts unknown; Parent’s rights have been terminated under state
law; or Parent’s education decision making authority has
been limited by a judge, and the judge has appointed another person to give consent to the evaluation.
NOTE: The person appointed by the court is not automatically the surrogate parent and cannot give consent for services to begin if the child is eligible.
When and by whom should a surrogate parent be appointed?
A public agency (usually a school district or the state education agency) must determine whether a “surrogate parent” is needed, and should assign one within 30 days, if:
no IDEA parent can be identified or located, the child is a ward of the State under the laws of that
state, or the student is an unaccompanied youth under McKinney-
Vento.For IDEA wards of the State, the juvenile court can
alternatively appoint the surrogate parent.Note: Surrogate parents are required under Parts B and C.
The 30 day rule and the authorization to courts to appoint surrogate parents apply to Part B only.
§ 300.519
What happens when a state’s law says no children are wards of the
state under state law?
For example: PA law does not have a concept of ward of the state under the laws of the state. Therefore, an education agency can appoint a surrogate parent only if there is no IDEA parent or the child is an unaccompanied homeless youth.
What happens when state law says that all children in care are wards
of the state under state law? In a state where all dependent children are
wards of the state under state law, some states require education agencies to appoint surrogate parents whenever a child enters care – even if the child has a birth or adoptive parent who is “attempting to act.”
Other states with the same state law require that the education agency appoint a surrogate parent only if there is no active birth or adoptive parent.
Outcome depends on state’s interpretation of §300.519 and §300.30(b)(1).
Who can be a surrogate?
Surrogate parents appointed by LEA can’t be employees of state or local
education agencies or other agencies involved in the education and care of the child (i.e., can’t be the public or private caseworker or a school official),
can’t have any conflicting interests, They must have knowledge and skills
necessary to be a good surrogate.Surrogate parents appointed by Judge
can’t be employees of SEAs, LEAs, or other agencies involved in the education and care of the child (i.e., can’t be the caseworker or school staff)
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 or local education agency or agency staff involved in the education or care of the child.
When can a judge appoint an educational “Guardian” for a
child? A judge can appoint an educational “Guardian”
to make special education decisions for a child whenever and to whatever extent such a decision is permitted by state law. For example, in PA this is whenever such a decision is in the “best interest” of the child.
A judge can appoint a Guardian even when the child has a foster parent, and even if the child has been adjudicated dependent but is not in the custody of the child welfare system. The Guardian cannot be the child’s caseworker.
A Guardian appointed by a Court is the IDEA parent even if there is another IDEA parent available (for example, a foster parent).
When would you want the court to appoint a guardian rather
than a surrogate parent?
A Court can only appoint a surrogate parent when the child is an IDEA ward of the State – which means when the child does not have a foster parent who is permitted to serve as the IDEA parent. If the child has a foster parent who could be the IDEA parent, but that person is not the best choice, the court can appoint a guardian who will supersede the foster parent.
Mary
Mary has been placed with a foster family. She is doing very poorly in school, and her foster mother thinks that Mary should be evaluated for special education. Mary’s mother, who is very much in the picture, disagrees – her view is that Mary’s poor performance is connected to her placement in care, not to a disability. What would you tell Mary’s foster mother?
What would you tell Mary’s foster mother? Unless a court has decided that Mary’s mother can’t make
education decisions for her, the mother has the authority to decide whether to consent to the initial evaluation (although her refusal to consent can be overturned by a special education hearing officer).
If Mary is an IDEA ward of the State, a judge can appoint another person to consent to her evaluation; that person can’t OK services.
If Mary is an IDEA ward of the State, a judge can appoint a surrogate parent for Mary.
Whether Mary is an IDEA ward of the State depends on whether, under state law, the foster mother is permitted to serve as an IDEA parent – if “yes” the child is not an IDEA ward of the State.
In any case the judge can appoint an education Guardian. If the judge appoints either a surrogate parent or an education
Guardian, the education agency must treat that person as the IDEA parent.
Avoiding Delays to Evaluation and Services
Emergence of Response to Intervention (RTI) and Coordinated Early Intervening Services (CEIS)
Tips to Consider Navigating the Intersections – A Problem-
Solving Process
What is RTI? A process that:
Integrates assessment and intervention Within a multi-level prevention system To maximize student achievement and reduce
behavior problems Schools:
Identify students at risk for poor learning outcomes Monitor student progress Provide evidence-based interventions Adjust intensity depending on responsiveness Identify student with specific learning disabilities
Potential Access Issues for M-V Eligible Students
Timely record sharing Seamless interventions and instruction with
school moves Quick intervention adjustment after a move
(not waiting a week for new baseline data) Continuing an intervention too long due to
lack of data and delaying evaluation/eligibility process
*Progress monitoring should be used as part of the evaluation/eligibility process.
What are Coordinated Early Intervening Services (CEIS)?
Means to address over-representation of certain groups of students in special education
Part B funds can be used to support activities for students not identified for special education LEAs may use up to 15% of IDEA funds LEAs with “significant disproportionate
representation” MUST use 15% of IDEA funds for CEIS
RTI is a CEIS
Strategies to Avoid Access Challenges
Coordinate use of CEIS funds among liaisons, special education, LEP, and Title I coordinators
Integrate classroom record sharing (progress monitoring) into school record transfers when students move
Ensure interventions are documented and kept current to inform a new teacher immediately of current functioning
Lack of Instruction, Disadvantage andRTI
A child must not be determined to be eligible for IDEA services if the determinant factor is “lack of instruction” “environmental/economic disadvantage” or “limited English proficiency.”
Lack of instruction, environmental/economic disadvantage or limited English proficiency are not grounds to refuse to evaluate a student and must be considered as part of the evaluation process or eligibility determination.
RTI strategies are tools that enable educators to target instructional interventions to children’s areas of specific need as soon as those needs become apparent.
RTI (used for instructional purposes) can be used for ANY special education student prior to, during, and after the evaluation process (unless using RTI is inconsistent with the IEP).
Parents retain their right to request an evaluation at any time. The LEA may use data gathered through RTI strategies in its evaluations and
reevaluations of children with specific learning disabilities.
Navigating IDEA and M-VA Problem-Solving Process
1. Create and promote policies and practices for regular, ongoing communication.
2. Review and, if necessary, revise state and local policies and practices (tools available).
3. When a complex situation arises, work as a team.
4. Repeat steps 1 & 2 at least annually.NCHE, 2008
The Little Ones: IDEA, Part C
Provides appropriate services to infants and toddlers under age 3 who need early intervention services due to a developmental delay or a diagnosed physical or mental condition with a high probability of resulting in a developmental delay and their families Can include those at-risk for developmental delays, at
a state’s discretion.20 USC 1432(5)
Administered by State and local Part C agencies.
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…NPRM 303.302-3
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, NPRM303.320(e), 303.342(a), 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 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 and M-V Intersections
Child Find Participation on state Interagency
Coordinating Council (ICC) CAPTA – Child Abuse Prevention and
Treatment Act Referral of children under age 3 involved in
substantiated cases of child abuse or neglect to early intervention agencies (or use a screening for referrals)
Overlap of issues – potential to apply similar strategies or be included in same activities
Purpose: to prepare students with disabilities for further education, employment, and independent living
How: IEP must address transition by the student’s 16th birthday, be updated annually and must be coordinated and results-oriented.
Responsibility: Ultimately, with the school district BUT…
Transition Responsibility
IDEA encourages collaboration with other agencies and organizations to develop and implement a transition plan (Services of Runaway and Homeless Youth Act programs, the child welfare system and others). Legally, “If a participating agency … fails to provide transition services described in the IEP… the LEA shall reconvene the IEP team to identify alternative strategies…”
Transition Resources
National Center on Secondary Education and Transition www.ncset.org
National Post-School Outcomes Center www.psocenter.org
University of Kansas, Transition Coalition http://transitioncoalition.org/transition/index.php
Resources Center on Children and the Bar
www.abanet.org/child/education
National Association for the Education of Homeless Children and Youth www.naehcy.org
National Center on Homeless Education www.serve.org/nche
National Law Center on Homelessness & Poverty www.nlchp.org
National Network for Youth www.nn4youth.org
Project Forum projectforum.org
Resources (cont’d) Project Forum at NASDSE
1999 Proceedings Document 2004 QTA Brief Implications of the CAPTA Requirement
CEC (www.cec.sped.org/) CEC Today – March 2003
Project HOPE-VA (www.wm.edu/hope) Information briefs – special ed., ECSE
NAEHCY, NCHE & NLCHP – collaborations (visit NCHE) Individuals with Disabilities Education Improvement Act (IDEA)
of 2004: Provisions for Children and Youth with Disabilities Who Experience Homelessness;
Navigating the Intersections of IDEA and McKinney-Vento: A Problem-Solving Process
Resources (cont’d) National Dissemination Center for Children With Disabilities
www.nichcy.org (Includes fact sheets) 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
USED Office of Special Education Programs www.ed.gov/offices/OSERS/OSEP
USED Office for Civil Rights www.ed.gov/offices/OCR