Transcript Slide 1

McKinney-Vento and Special
Education
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Overview
Revocation of Consent
FAQ’s
Resources
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Part B of the IDEA
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Part B of the IDEA provides assistance to
States, and through them to local school
districts, to assist in providing a free
appropriate public education (FAPE) to
children with disabilities between the ages of
3 and 21, inclusive.
FAPE under Part B of IDEA includes the
provision of special education and related
services, at no cost to parents, under public
supervision and direction, in an appropriate
preschool, elementary school, or secondary
school program in the State involved, in
conformity with an individualized education
program (IEP)
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Part C of IDEA
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Part C of the IDEA authorizes assistance
to States in developing and implementing
a coordinated, Statewide early
intervention system to meet the early
intervention needs of infants and toddlers
with disabilities and their families.
Requirements under Part C include child
find and the provision of early intervention
services as they apply in particular to
homeless infants and toddlers with
disabilities and their families.
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Definition of Parent (§300.30)
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A biological or adoptive parent of a child;
A foster parent, unless State law, regulations, or
contractual obligations with a State or local entity prohibit a
foster parent from acting as a parent;
A guardian generally authorized to act as the child's parent,
or authorized to make educational decisions for the child
(but not the State if the child is a ward of the State);
An individual acting in the place of a biological or adoptive
parent (including a grandparent, stepparent, or other
relative) with whom the child lives, or
An individual who is legally responsible for the child's
welfare; or a surrogate parent who has been appointed in
accordance with 34 CFR §300.519 or section 639(a)(5) of
IDEA.
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Part B Supplemental Regulations
Supplemental Regulations were
published on December 1, 2008 and
became effective on December 31,
2008.
http://edocket.access.gpo.gov/2008/p
df/E8-28175.pdf
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§300.300 –
Parental Consent
The Bottom Line –
A parent has the right to unilaterally
withdraw a child with a disability
from continued special education and
related services and a public agency
may not challenge that parent’s
decision using Part B dispute
resolution procedures
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Parental Consent
New §300.300(b)(4) –
If, at any time subsequent to the
initial provision of special education
and related services, the parent of a
child revokes consent in writing for
the continued provision of special
education and related services the
public agency 7
Parental Consent
(i) May not continue to provide
special education and related
services to that child, but must
provide prior written notice in
accordance with §300.503 before
ceasing the provision of special
education and related services
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Parental Consent
(ii) May not use the procedures in
subpart E of this part (including the
mediation procedures under
§300.506 or the due process
procedures under §§300.507 through
300.516) in order to obtain
agreement or a ruling that the
services may be provided to the child
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Parental Consent
(iii) Will not be considered to be in
violation of the requirement to make
FAPE available to the child because
of the failure to provide the child
with further special education and
related services; and
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Parental Consent
(iv) Is not required to convene an IEP
Team meeting or develop an IEP
under §§300.320 and 300.324 for
the child for further provision of
special education and related
services.
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Parental Consent
Implementation Considerations:
– Age of Majority
– Surrogate Parents
– Discipline
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Evaluation Timelines (§300.301)
 Once
parental consent is obtained,
an initial evaluation must be
completed within 60 days or, if the
State establishes a timeframe within
which the evaluation must be
conducted, within that timeframe.
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Evaluation Timelines
 Exception:
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child enrolls in a school of another
public agency or school district after
the relevant timeframe has begun
and prior to a determination by the
child’s previous public agency or
school district whether the child is a
child with a disability.
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Evaluation Timelines
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new public agency or school
district may extend the 60-day or
State-established timeframe only if:
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(1) it is making sufficient progress
to ensure prompt completion of the
evaluation; and
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the parent and the new public
agency agree to a specific time when
the evaluation will be completed.
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Least Restrictive Environment
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Section 300.114(a)(2) requires that, to the
maximum extent appropriate, children with
disabilities are educated with children who are
not disabled.
Special classes, separate schooling, or other
removal of children with disabilities from the
regular educational environment occurs only
when the nature or severity of the disability is
such that education in regular classes with the
use of supplementary aids and services cannot be
achieved satisfactorily.
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Least Restrictive Environment
 Sec.
300.116 ensures that a child's
parent is included in the group of
persons making the decision about
the child's placement.
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FAPE and School of Origin
 Best
interest considerations:
–There may be circumstances in
which the existence of a disability
may factor into best interest
determinations affecting school
placements.
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FAPE and School of Origin
 The
placement group from the public
agency responsible for providing
FAPE to a homeless child with a
disability would need to determine
whether it would be appropriate to
continue the child’s placement in his
or her school of origin or place the
child in a new school.
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Transportation
Transportation is a related service under
IDEA.
 Transportation includes-– (i) Travel to and from school and
between schools;
– (ii) Travel in and around school
buildings; and
– (iii) Specialized equipment (such as
special or adapted buses, lifts, and
ramps), if required to provide special
transportation for a child with a
disability.
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Transportation
 IEP
teams determine whether
transportation is required to assist a
child with a disability to benefit from
special education
 Implementation
considerations:
– Transportation and school of origin.
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Transition Services (§300.320(b))
 Beginning
not later than the first IEP
to be in effect when the child turns
16, or younger if determined
appropriate by the IEP Team, and
updated annually thereafter, the IEP
must include:
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Transition Services
 (i)
Appropriate measurable
postsecondary goals based upon
age-appropriate transition
assessments related to training,
education, employment and, where
appropriate, independent living
skills;
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Transition Services
(ii) The transition services (including
courses of study) needed to assist the
child in reaching those goals; and
 (iii) Beginning not later than one year
before the child reaches the age of
majority under State law, a statement
that the child has been informed of the
child’s rights under Part B, if any, that will
transfer to the child on reaching the age
of majority.
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Resources
 Idea.ed.gov
– IDEA statute and
regulations, topic briefs and FAQ
documents
 Questions and Answers on
Special Education and
Homelessness:
http://www.ed.gov/about/offices/list
/osers/osep/policy.html
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Contact Information
 Laura
Duos, OSERS, Office of Policy
and Planning 202-245-6772
– [email protected]
 OSEP
State Contacts:
http://www.ed.gov/policy/speced/gui
d/idea/monitor/state-contactlist.html
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