SURROGATE PARENT TRAINING

1
SURROGATE PARENT TRAINING

• Laurie VanderPloeg Kent ISD

2
Legal Rights and Responsibilities

• Introduction to IDEA 2004 and State Special
  Education Laws.
• Introduction to the surrogate parent provisions.
• Responsibilities of Education Agency to students
  and surrogate parents.

3
Definition of A Parent (300.3)

• A biological or adoptive parent of a student or
  youth with a disability.
• A guardian authorized to make educational
  decisions (not including State, state official or
  employee when the child is a ward of the state).
• Individual acting in the place of a biological or
  adoptive parent, such as a grandparent,
  stepparent or other relative whom the child
  lives, or an individual legally responsible for
  the childs welfare.

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Foster Parent

• A foster parent, to the extent permitted by law
  (Michigan
• R340.1701b permits a foster parent to act as a
  parent if
• The biological or adoptive parents authority to
  make educational decisions for the child has been
  extinguished under state law
• The foster parent has an ongoing, long-term
  relationship with the child (six months)
• The foster parent is willing to make educational
  decisions required by parents
• The foster parent has no interest that would
  conflict with interests of the child.

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Definition (cont)

• The affected student or youth with a disability
  when the student or youth reaches 18 years of
  age, if legal guardian has not been appointed by
  appropriate court proceedings.

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Surrogate Parents 300.515 and R340.1725f

• Each public agency shall appoint persons to serve
  as surrogate parents in accordance with
  procedures approved by the State Board of
  Education.

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Duty of the Public Agency

• The duty of the public agency includes the
  assignment of an individual to act as a surrogate
  for the parents. This must include a method-
• For determining whether a child needs a surrogate
  parent and
• For assigning a surrogate parent to the child

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Appointment of a Surrogate Parent

• Ensure that the rights of a child are protected
  when-
• No parent can be identified
• The public agency after reasonable efforts,
  cannot locate the parent
• The child is a ward of the State under the laws
  of that State or
• The child is an unaccompanied homeless youth
  (McKinney-Vento Homeless Assistance Act)

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Wards of the State

• The surrogate parent alternatively may be
  appointed by a judge overseeing the childs case,
  provided that the surrogate meets the
  requirements.

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Criteria for Selection of a Surrogate

• The public agency may ensure that a person
  selected as a surrogate-
• Is not an employee of the SEA, the LEA or any
  other agency that is invited in the education or
  care if the child
• Has no personal or professional interest that
  conflicts with the interest of the child he or
  she represents and
• Has knowledge and skills that ensure adequate
  representation of the child.

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Criteria for Selection of Surrogates(cont)

• Non-employee requirement compensation. A person
  who otherwise qualifies to be a surrogate parent
  is not an employee of the agency solely because
  he or she is paid by the agency to serve as a
  surrogate parent.

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Unaccompanied Homeless Youth

• In the case of a child who is an unaccompanied
  homeless youth, appropriate staff of emergency
  shelters, transitional shelters, independent
  living programs, and street outreach programs may
  be appointed as temporary surrogate parents until
  a surrogate parent that meets all the
  requirements can be appointed.

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Surrogate Parent Responsibilities

• The surrogate parent may represent the child in
  all matters relating to-
• The identification, evaluation, and educational
  placement of the child and
• The provision of FAPE to the child

14
State Education Agency Responsibility

• The SEA must make reasonable efforts to ensure
  the assignment of a surrogate parent not more
  than 30 days after a public agency determines
  that the child needs a surrogate parent.

15
Qualities of an Ideal Surrogate

• A commitment to learn about the childs
  educational needs and the special education
  system in which he/she is enrolled
• An ability to communicate with school personnel
  which includes questioning procedures or
  educational programs that are unfamiliar.

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Duties of the Surrogate Parent

• Visit the students school to review educational
  records and arrange any meetings necessary to
  gather information about the student.
• Meet the student.
• Arrange for classroom observations, as
  appropriate.
• Consult with the students teachers, family
  members, therapist, caseworkers, other
  professionals involved in the childs education.
• Advocate for the child in placement and program
  decisions.
• Attend meetings such as evaluation review,
  eligibility determination, individualized
  education program development, placement in
  special education programs, suspension, hearing
  to determine manifestation review, and other
  meetings as necessary.

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Disabilities of Students

• Autism Spectrum Disorder
• Cognitive Impairment
• Deaf/Blindness
• Early Childhood Developmental Delay
• Emotional Impairment
• Hearing Impairment
• Specific Learning Disability
• Other Health Impairment
• Physical Impairment
• Severe Multiple Impairment
• Speech and Language Impairment
• Traumatic Brain Injury
• Visual Impairment

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Procedural Safeguards

• A copy of the procedural safeguards available to
  the parents of a child with a disability must be
  given to the parents, at a minimum-
• Upon initial referral for evaluation
• Upon parent request for an evaluation
• Upon receipt of a request for a due process
  hearing
• Upon parent request

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Evaluations and METs/Redeterminations

• Initial Consent and Evaluation Review and Plan
• Eligibility Recommendation form (MET)
• Evaluation Reports when surrogate receives a
  copy.
• 30-day Temporary Placement form

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Individualized Education Program

• Required participants
• Present Level of Academic Achievement and
  Functional Performance
• Goals and Objectives
• Least Restrictive Environment
• Accommodations and Modifications
• State and Districtwide Assessments
• Transition Plans
• Progress Reports

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Transition Focus in the IEP

• A results oriented process, that is focused on
  improving academic and functional achievement of
  the child with a disability to facilitate the
  childs movement from school to post-school
  activities including
• Post-secondary education
• Vocational education
• Integrated employment (including supported
  employment)

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Transition (cont)

• Continuing and adult education
• Adult services
• Independent living or community participation
• Based on the individual childs needs, taking
  into account the childs strengths, preferences
  and interests.

23
Summary of Performance

• According to IDEA 2004, Section 614(c.), section
  (5)(B)(ii) Summary of Performance- "For a child
  whose eligibility under this part terminates
  under circumstances described in clause (i), a
  local education agency shall provide the child
  with a summary of the child's academic
  achievement and functional performance, which
  shall include recommendations on how to assist
  the child in meeting the child's post-secondary
  goals..."

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Discipline

• Functional Assessment
• Positive Behavior Support Plan
• Manifestation Determination Review
• Interim Alternative Educational Setting 45
  school days

25
Access to Records

• Each participating agency shall permit parents to
  inspect and review any education record relating
  to their children that is collected, maintained,
  or used by the agency under this part. The agency
  shall comply without any delay and before any
  meeting regarding an IEP, or hearing, and in no
  case more than 45 days after the request has been
  made.

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Mediation

• Mediation is a process in which two or more
  people involved in a dispute meet in an informal,
  confidential setting and with the help of trained
  neutral persons (mediators), work out a solution
  to their problem. The mediation process focuses
  on reaching productive solutions while improving
  communication between the disputing parties.
  Parties agree to execute a legally binding
  agreement. Agreement is enforceable in state or
  district court.

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Due Process Hearing

• A parent or a public agency may initiate a
  hearing on any of the matters relating to the
  identification, evaluation or educational
  placement of a child with a disability, or the
  provisions of FAPE.
• New Resolution Session

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Complaints

• A complaint is a written and signed
  allegation, which includes the facts on which the
  allegation is based, by an individual or an
  organization that there is an uncorrected
  violation of the Public Act of 1976 of the
  Michigan Compiled Laws, IDEA, Michigan
  Administrative Special Education Rules or ISD
  Plan, IEP Team report, hearing officer decision,
  or court decision regarding special education
  programs or services.

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Questions and Answers

• Parent rights have not been terminated but the
  parents cannot be found. Can we appoint a
  surrogate parent?
• If the child is living with a grandparent or
  legal guardian, who meet the parent definition
  than that person is the parent and a surrogate
  should not be appointed.

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Questions and Answers

• Parent rights have not been terminated and the
  child is living with a foster parent. Can a
  surrogate parent be appointed?
• Because the parental rights have not been
  terminated the foster parent cannot be considered
  the parent. If the biological or adoptive
  parent cannot be found or will not attempt to act
  as a parent then a surrogate parent must be
  appointed.

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Questions or Concerns

• Contact Laurie VanderPloeg at Kent ISD
• Phone [phone]
• Fax [phone]
• E-mail laurievanderploeg_at_kentisd.org