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Since first being enacted in 1975, the Individu-als with Disabilities Education Act (IDEA) has provided educational benefits to countless students with disabilities, including those in homeless situations. However, in spite of numerous emendations to the Act—including a substantial overhaul in 1997—not all homeless children have been able to take full advantage of IDEA’s services and benefits. In December 2004, President Bush signed into law a reauthorization version of IDEA, now called the “Individuals with Disabilities Education Improvement Act of 2004.” The amended legislation guarantees children in homeless situations complete access to educational services and assistance. With the exception of a few provisions, the Act will go into effect on 1 July 2005.1
The Individuals with Disabilities Education Improvement Act (IDEIA) contains several improvements related to the special education needs of children and youth experiencing homelessness. One notable revision is that the document now offers a definition of homeless children, which underscores both the special needs of this population and their specific entitlement to the services provided by the Act [Section 602(11)]. By deferring to the definition used in Section 725 of the McKinney-Vento Homeless Assistance Act, IDEIA establishes a correlation with that legislation and helps standardize the way homeless children are identified by state and federal agencies. To establish a systematic method for identifying all children in homeless situations who also have special educational needs, IDEIA requires each state to implement Child Find policies and procedures to locate and evaluate disabled children who are homeless, wards of the state, or in private schools [Section 612(a)(3)(A)]. Each state must develop and implement a method for determining which of these children need and are receiving special education and related services. When carrying out these and other mandates as they apply to children experiencing homelessness, states must concomitantly uphold the guidelines set forth in the McKinney-Vento Act [Section 612(a)(11)(A)(iii)]. States must also establish and maintain an advisory panel that will provide policy guidance related to special education for homeless children with disabilities and associated services for children with disabilities. The advisory panel will include “state and local education officials, including officials who carry out activities under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act” [Section 612(a)(21)(A) & (B)].
Under the emended Act, LEAs must ensure that “assessments of children with disabilities who transfer from one school district to another school district in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations” [Section 614(b)(3)(D)].2 IDEIA also requires that evaluations be completed within 60 days after parents consent to the evaluation or within a timeframe established by the state. The time limit applies if:
- the new local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and
- parents and the new school district agree to a specific time when the evaluation will be completed.
However, this time frame does not apply if
- a child transfers from one school district to another school district during the period in which the evaluation is to take place or
- the parent repeatedly fails or refuses to present the child for evaluation [Section 614(c)(1)(C)].
LEAs are also mandated under the emended legislation to educate any child with a disability who transfers from one school district to another within the same academic year and has an Individualized Education Plan (IEP) in effect. The new district must provide services comparable to those described in the previous IEP. Working with the parents, the LEA must adopt the original IEP or develop, adopt, and implement a new one that is consistent with federal and state law. If a child with a disability transfers into a school district from another state, the LEA must meet these same responsibilities to parents and child. If the LEA deems it necessary and appropriate, it can conduct an evaluation and develop a new IEP that is consistent with federal and state law [Section 614(d)(2)(C)(i)]. The new school in which the child enrolls must “take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled.” The legislation requires the previous school in which the child was enrolled to “take reasonable steps to promptly respond to such request from the new school” [Section 614(d)(2)(C)(ii)].
If the whereabouts of an unaccompanied homeless youth’s parents is unknown or if they cannot be located after reasonable efforts, the reauthorized legislation requires LEAs to assign the youth a surrogate parent. Within 30 days after the need for a surrogate has been established, the state must make reasonable efforts to ensure that one is assigned [Section 615(b)(2)].3 The Act also allows the name, home address, and school attended of a homeless child to be used in a due process complaint notice [Section 615(b)(7)].
To be eligible for grants under Part C of the legislation, states must provide early intervention services to all infants and toddlers with disabilities and their families—including those who are Native Americans, homeless, and wards of the state [Section 634(1) and Section 635(a)(2)]. States must also take steps to ensure that underserved groups such as minority, low-income, homeless, and rural families as well as children with disabilities who are wards of the state take part in the planning and implementation of the requirements of Part C [Section 637(b)(7)]. IDEIA also requires each state to establish an Interagency Coordinating Council; at least one member of the council must be a representative of the Office of Coordinator for Education of Homeless Children and Youths [Section 641(a) & (b)(1)(K)].1
The complete text of the Individuals with Disabilities Education Improvement Act of 2004 is available at . Articles and related discussions can be found here.
Special thanks to Barbara Duffield at the National Association for the Education of Homeless Children and Youth whose summary of IDEIA emendations relating to children in homeless situations and their families informed this article. That document is available here.
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