When Two Laws Go Walking:
IDEA and McKinney-Vento
Serving Students With
Disabilities Experiencing
Homelessness
NAEHCY Annual Conference
November 2013
Patricia Ann Popp, Ph.D.
Project HOPE-Virginia
pxpopp@wm.edu
Special acknowledgement to Patricia Julianelle
Legal Director, NAEHCY
1
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
2.
3.
4.
5.
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?
2
The Intersection of MV & IDEA
IDEA
This student is
homeless: MV should
take the lead
Who pays?
McKinney-Vento
This student has an IEP:
IDEA should take the
lead
Who pays?
No IEP from our LEA, no Immediate enrollment
services (?)
without documents
Placement determined
School of origin
by IEP team
3
Scenario 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
4
Who Takes the Lead?
The Practice
 State level communication and
collaboration
 State Advisory Panel (Part B)
 State Interagency Coordinating Council
(Part C)
 Informal meetings with colleagues
5
Who Takes the Lead?
The Practice
 Gateways to collaboration:
 Compliance issues
 *Child find (1412(a)(3)(A), 1435; 300.103)
 Cross-training
 Joint TA
 http://www.k12.wa.us/HomelessEd/pubdocs/
BriefFinal.pdf
6
*Virginia EC Example:
MV-Head Start+ Task Force
First Mailing:
 Modified ParentPak




for young children
Bookmarks
Developmental
Wheels
Description of State
EI and EC programs
Children’s Books
To:
 EI
 ECSE
 Head Start
 Virginia Preschool
Initiative
 MV liaisons
 Shelters
7
Who Takes the Lead?
The Practice
 Recent question: Can special
education buses be used to transport
homeless students without IEPs?
 Federal law does not prohibit
 IDEA funds may not pay for seats occupied
by students for whom transportation is not a
related service per the IEP
 State policies may address reimbursement
via Medicaid or other funds
8
OSEP Dear Colleague Letter to NCHE
August 5, 2013
 IDEA funds to transport SWD
experiencing homelessness to school
of origin?
 Yes, IF specialized transportation in IEP
 Can SWOD use special ed.
transportation?
 Incidental benefit allowed
 Remaining in school of origin and
LRE?
Scenario 2: Who Pays?
 The Law
 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) *possible exception?
 MV does not assign fiscal responsibility
for tuition…
10
Scenario 2: 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: SEA must
decide (E-2)
 Transportation:
 IDEA silent
 MV districts must split cost 50/50 in absence of
another agreement or policy
11
Who Pays?
The Practice
 Check your state policies: Ask your
IDEA colleagues what policies exist
on:
 Paying for out-of-district placements
 Paying for transportation
 Resolving inter-district disputes
12
Who Pays?
The Practice
 Develop state 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
 See sample draft policy
13
Scenario 3: Immediate Enrollment
 The Law: McKinney-Vento
 Immediate enrollment
 With or without documents
 With or without parent/guardian
 Attending classes and participating fully in
school activities
14
Scenario 3: Immediate Enrollment
 The Law: IDEA– students w/ IEPs
 If IEP is current, 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)
15
Scenario 3: Immediate Enrollment
 The Law: IDEA– students w/ IEPs
(cont.)
 New LEA must promptly obtain child’s
records from previous school, and
previous school must promptly respond to
records requests
 New LEA can adopt old IEP or develop
new one
1414(d)(2)(C); 300.323(e),(g)
16
Scenario 3: Immediate Enrollment
 The Law: IDEA– students in evaluation process
 Clock continues 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)
17
OSEP Guidance Letter 7-19-13
Highly Mobile Children
 Timely and expedited evaluations
 Expedited timelines encourages (e.g., within 30
days)
 Eval. timeline continues when student changes LEA
 If evaluation has begun, CANNOT delay to
implement RTI
 Comparable services, ESY
 Extended school year is part of IEP; therefore must
provide if child changes school division as a
comparable service
 In-state and out-of-state transfer rules apply
Immediate Enrollment:
The Practice
 Anticipate mobility
 Inter-district communication
 Rapid records transfer
 Talk with parents and youth
 Interim IEPs
 Work with SEA special education
colleagues to develop procedures
19
Scenario 4: School of origin vs.
IDEA placement
 The Law.
 MV: keep students stable in the school
of origin, as long as it is in the child’s
best interest (Special education needs
are best interest factors)
 IDEA: special education placements
must be “as close as possible to the
child’s home, unless the parent agrees
otherwise” and must be in the least
restrictive environment LRE
20
300.116
School of origin vs. IDEA placement
The Practice
 Which school is in the child’s best
interest?
 Consultation on local level (liaison
invited to IEP meetings; IEP team
members consulted on best interest
determinations)
 Payment for transportation: is it a
related service on the IEP?
21
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)
22
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
2.
3.
4.
5.
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?
23
You Try: The Intersection
of MV and IDEA
Group I: How will you start (or continue) working
with your IDEA colleagues?
Group D: How will you get information or develop
policies about who pays in the sticky situations in
your state?
Group E: What can you do to facilitate immediate
enrollment at the local level?
Group A: What can you do to facilitate students with
disabilities remaining in their schools of origin?
24
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
25
http://center.serve.org/nche/downloads/briefs/nav_idea_mv.pdf
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
26
Resources (cont’d)
 OSERS Q&A
 http://www2.ed.gov/policy/speced/guid/s
pec-ed-homelessness-q-a.pdf
 NAEHCY Response
 http://www.naehcy.org/dl/response_oser
s.pdf
27