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McKinney-Vento and Special McKinney-Vento and Special EducationEducation

OverviewOverview Revocation of ConsentRevocation of Consent FAQ’sFAQ’s ResourcesResources

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Part B of the IDEAPart B of the IDEA Part B of the IDEA provides assistance to States, Part B of the IDEA provides assistance to States,

and through them to local school districts, to and through them to local school districts, to assist in providing a free appropriate public assist in providing a free appropriate public education (FAPE) to children with disabilities education (FAPE) to children with disabilities between the ages of 3 and 21, inclusive. between the ages of 3 and 21, inclusive.

FAPE under Part B of IDEA includes the provision FAPE under Part B of IDEA includes the provision of special education and related services, at no of special education and related services, at no cost to parents, under public supervision and cost to parents, under public supervision and direction, in an appropriate preschool, direction, in an appropriate preschool, elementary school, or secondary school elementary school, or secondary school program in the State involved, in conformity program in the State involved, in conformity with an individualized education program (IEP) with an individualized education program (IEP)

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Part C of IDEAPart C of IDEA Part C of the IDEA authorizes assistance to Part C of the IDEA authorizes assistance to

States in developing and implementing a States in developing and implementing a coordinated, Statewide early intervention coordinated, Statewide early intervention system to meet the early intervention system to meet the early intervention needs of infants and toddlers with needs of infants and toddlers with disabilities and their families. disabilities and their families.

Requirements under Part C include child Requirements under Part C include child

find and the provision of early intervention find and the provision of early intervention services as they apply in particular to services as they apply in particular to homeless infants and toddlers with homeless infants and toddlers with disabilities and their families. disabilities and their families.

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Definition of Parent (§300.30) Definition of Parent (§300.30) A biological or adoptive parent of a child; A biological or adoptive parent of a child;

A foster parent, unless State law, regulations, or contractual A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster obligations with a State or local entity prohibit a foster parent from acting as a parent; parent from acting as a parent;

A guardian generally authorized to act as the child's parent, A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);(but not the State if the child is a ward of the State);

An individual acting in the place of a biological or adoptive An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other parent (including a grandparent, stepparent, or other relative) with whom the child lives, or relative) with whom the child lives, or

An individual who is legally responsible for the child's An individual who is legally responsible for the child's welfare; or a surrogate parent who has been appointed in welfare; or a surrogate parent who has been appointed in accordance with 34 CFR §300.519 or section 639(a)(5) of accordance with 34 CFR §300.519 or section 639(a)(5) of IDEA. IDEA.

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Part B Supplemental Regulations Part B Supplemental Regulations

Supplemental Regulations were Supplemental Regulations were published on December 1, 2008 and published on December 1, 2008 and became effective on December 31, became effective on December 31, 2008.2008.

http://edocket.access.gpo.gov/2008/http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdfpdf/E8-28175.pdf

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§300.300 –§300.300 –Parental ConsentParental Consent

The Bottom Line – The Bottom Line –

A parent has the right to unilaterally A parent has the right to unilaterally withdraw a child with a disability withdraw a child with a disability from continued special education and from continued special education and related services and a public agency related services and a public agency may not challenge that parent’s may not challenge that parent’s decision using Part B dispute decision using Part B dispute resolution proceduresresolution procedures

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Parental ConsentParental Consent

New §300.300(b)(4) – New §300.300(b)(4) –

If, at any time subsequent to the If, at any time subsequent to the initial provision of special education initial provision of special education and related services, the parent of a and related services, the parent of a child revokes consent child revokes consent in writing in writing for for the continued provision of special the continued provision of special education and related services the education and related services the public agency -public agency -

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Parental ConsentParental Consent

(i) May not continue to provide (i) May not continue to provide special education and related special education and related services to that child, but must services to that child, but must provide prior written notice in provide prior written notice in accordance with §300.503 before accordance with §300.503 before ceasing the provision of special ceasing the provision of special education and related serviceseducation and related services

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Parental ConsentParental Consent

(ii) May not use the procedures in (ii) May not use the procedures in subpart E of this part (including the subpart E of this part (including the mediation procedures under mediation procedures under §300.506 or the due process §300.506 or the due process procedures under §§300.507 through procedures under §§300.507 through 300.516) in order to obtain 300.516) in order to obtain agreement or a ruling that the agreement or a ruling that the services may be provided to the childservices may be provided to the child

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Parental ConsentParental Consent

(iii) Will not be considered to be in (iii) Will not be considered to be in violation of the requirement to make violation of the requirement to make FAPE available to the child because FAPE available to the child because of the failure to provide the child with of the failure to provide the child with further special education and related further special education and related services; andservices; and

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Parental ConsentParental Consent

(iv) Is not required to convene an IEP (iv) Is not required to convene an IEP Team meeting or develop an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the under §§300.320 and 300.324 for the child for further provision of special child for further provision of special education and related services.education and related services.

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Parental ConsentParental Consent

Implementation Considerations:Implementation Considerations:

– Age of MajorityAge of Majority

– Surrogate Parents Surrogate Parents

– DisciplineDiscipline

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Evaluation Timelines (§300.301) Evaluation Timelines (§300.301)

Once parental consent is obtained, Once parental consent is obtained, an initial evaluation must be an initial evaluation must be completed within 60 days or, if the completed within 60 days or, if the State establishes a timeframe within State establishes a timeframe within which the evaluation must be which the evaluation must be conducted, within that timeframe. conducted, within that timeframe.

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Evaluation TimelinesEvaluation Timelines

ExceptionException:: A child enrolls in a school of another A child enrolls in a school of another

public agency or school district after public agency or school district after the relevant timeframe has begun the relevant timeframe has begun and prior to a determination by the and prior to a determination by the child’s previous public agency or child’s previous public agency or school district whether the child is a school district whether the child is a child with a disability.child with a disability.

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Evaluation TimelinesEvaluation Timelines

The new public agency or school The new public agency or school district may extend the 60-day or district may extend the 60-day or State-established timeframe only if:State-established timeframe only if:

(1) it is making sufficient progress to (1) it is making sufficient progress to ensure prompt completion of the ensure prompt completion of the evaluation; and evaluation; and

(2) the parent and the new public (2) the parent and the new public agency agree to a specific time when agency agree to a specific time when the evaluation will be completed. the evaluation will be completed.

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Least Restrictive EnvironmentLeast Restrictive Environment Section 300.114(a)(2) requires that, to the Section 300.114(a)(2) requires that, to the

maximum extent appropriate, children with maximum extent appropriate, children with disabilities are educated with children who are disabilities are educated with children who are not disabled.not disabled.

Special classes, separate schooling, or other Special classes, separate schooling, or other removal of children with disabilities from the removal of children with disabilities from the regular educational environment occurs only regular educational environment occurs only when the nature or severity of the disability is when the nature or severity of the disability is such that education in regular classes with the such that education in regular classes with the use of supplementary aids and services cannot be use of supplementary aids and services cannot be achieved satisfactorily. achieved satisfactorily.

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Least Restrictive EnvironmentLeast Restrictive Environment

Sec. 300.116 ensures that a child's Sec. 300.116 ensures that a child's parent is included in the group of parent is included in the group of persons making the decision about persons making the decision about the child's placement. the child's placement.

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FAPE and School of OriginFAPE and School of Origin

Best interest considerations:Best interest considerations:– There may be circumstances in There may be circumstances in

which the existence of a disability which the existence of a disability may factor into best interest may factor into best interest determinations affecting school determinations affecting school placements.placements.

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FAPE and School of OriginFAPE and School of Origin

The placement group from the public The placement group from the public agency responsible for providing agency responsible for providing FAPE to a homeless child with a FAPE to a homeless child with a disability would need to determine disability would need to determine whether it would be appropriate to whether it would be appropriate to continue the child’s placement in his continue the child’s placement in his or her school of origin or place the or her school of origin or place the child in a new school. child in a new school.

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TransportationTransportation

Transportation is a related service under Transportation is a related service under IDEA.IDEA.

Transportation includes--Transportation includes--– (i) Travel to and from school and between (i) Travel to and from school and between

schools;schools;– (ii) Travel in and around school buildings; (ii) Travel in and around school buildings;

andand– (iii) Specialized equipment (such as (iii) Specialized equipment (such as

special or adapted buses, lifts, and special or adapted buses, lifts, and ramps), if required to provide special ramps), if required to provide special transportation for a child with a disability.transportation for a child with a disability.

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TransportationTransportation

IEP teams determine whether IEP teams determine whether transportation is required to assist a transportation is required to assist a child with a disability to benefit from child with a disability to benefit from special educationspecial education

Implementation considerations:Implementation considerations:– Transportation and school of origin.Transportation and school of origin.

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Transition Services (§300.320(b)) Transition Services (§300.320(b))

Beginning not later than the first IEP Beginning not later than the first IEP to be in effect when the child turns to be in effect when the child turns 16, or younger if determined 16, or younger if determined appropriate by the IEP Team, and appropriate by the IEP Team, and updated annually thereafter, the IEP updated annually thereafter, the IEP must include:must include:

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Transition ServicesTransition Services

(i) Appropriate measurable (i) Appropriate measurable postsecondary goals based upon postsecondary goals based upon age-appropriate transition age-appropriate transition assessments related to training, assessments related to training, education, employment and, where education, employment and, where appropriate, independent living skills;appropriate, independent living skills;

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Transition ServicesTransition Services

(ii) The transition services (including (ii) The transition services (including courses of study) needed to assist the courses of study) needed to assist the child in reaching those goals; and child in reaching those goals; and

(iii) Beginning not later than one year (iii) Beginning not later than one year before the child reaches the age of before the child reaches the age of majority under State law, a statement that majority under State law, a statement that the child has been informed of the child’s the child has been informed of the child’s rights under Part B, if any, that will rights under Part B, if any, that will transfer to the child on reaching the age of transfer to the child on reaching the age of majority.majority.

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ResourcesResources

Idea.ed.gov – IDEA statute and Idea.ed.gov – IDEA statute and regulations, topic briefs and FAQ regulations, topic briefs and FAQ documentsdocuments

Questions and Answers on Questions and Answers on Special Education and Homelessness: Special Education and Homelessness: http://www.ed.gov/about/offices/list/ohttp://www.ed.gov/about/offices/list/osers/osep/policy.htmlsers/osep/policy.html

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Contact InformationContact Information

Laura Duos, OSERS, Office of Policy Laura Duos, OSERS, Office of Policy and Planning 202-245-6772and Planning 202-245-6772– Laura.Duos@ed.govLaura.Duos@ed.gov

OSEP State Contacts: OSEP State Contacts: http://www.ed.gov/policy/speced/guidhttp://www.ed.gov/policy/speced/guid/idea/monitor/state-contact-list.html/idea/monitor/state-contact-list.html