Surrogate Parent Training

1
Surrogate Parent Training

• KYCASE
• July 2013
• Amanda Dennis
• Karen H. Frohoff, Ed.D
• Fayette County Public Schools Special Education
  Administrators

2
Legal Background

• Individuals with Disabilities Education Act
  (IDEA)
• Family Educational Rights and Privacy Act
• (FERPA)
• No Child Left Behind Act (NCLB)
• Americans with Disabilities Act
• Section 504 of the Rehabilitation Act
• McKinney Vento Homeless Assistance Act (42USC
  Sec. 11434a(6))

3
Legal Definition of Parent

• A biological or adoptive parent of a child
• A guardian generally authorized to act as the
  childs parent, or authorized to make educational
  decisions for the child, but not the state if the
  child is a ward of the state
• A person acting in the place of a biological or
  adoptive parent such as a grandparent,
  stepparent, or other relative with whom the child
  lives, or a person who is legally responsible for
  the childs welfare

4
Legal Definition of Parent cont.

• A foster parent if the biological or adoptive
  parents authority to make educational decisions
  on the childs behalf has been extinguished and
  the foster parent has an ongoing, long-term
  parental relationship with the child, is willing
  to make the educational decisions required of
  parents under 707 KAR Chapter 1, and has no
  interest that would conflict with the interests
  of the child

5
Legal Definition of Parent cont.

• A foster parent if the biological or adoptive
  parents grant authority in writing for the foster
  parent to make educational decisions on the
  childs behalf, and the foster parent is willing
  to make educational decisions required of parents
  under 707 KAR Chapter 1, and has no interest that
  would conflict with the interests of the child.
• A surrogate parent who has been appointed in
  accordance with 707 KAR 1340, Section 6.

6
Determination of Educational Representative Form

• http//education.ky.gov/specialed/excep/Pages/Spec
  ial-Education-Forms---Due-Process.aspx
• Consult legal advisor when in doubt regarding
  determining who can represent the child and give
  consent.

7
Assignment of a Surrogate Parent Part B
Regulations

• No parents can be identified
• The school district cannot determine the
  whereabouts of a parent after reasonable attempts
  to do so
• The child is a ward of the state, or
• The child is an unaccompanied homeless youth
  (McKinney-Vento Homeless Assistance Act)

8
Documentation when parent cannot be located

• Multiple attempts through multiple means should
  be well documented over multiple dates by
  multiple personnel to substantiate the claim that
  parents cannot be located.
• Recommendation Log all attempts in IC for
  consistency.

9
Surrogate Parent KARs Sp Ed

• Shall not be an employee of the Kentucky
  Department of Education, the LEA, or any other
  agency that is involved in the education or care
  of the child
• Shall not have any personal or professional
  interest that conflicts with the interests of the
  child and
• Shall have knowledge and skills that ensure
  adequate representation of the child.

10
Students Over the Age of 18

• Students between the ages of 18 and 21 who have
  been declared incompetent in court are assigned a
  surrogate parent who has all the rights and
  responsibilities of any surrogate parent.
• For students who have not been declared
  incompetent, the services of a surrogate parent
  advisor can be offered to assist the student in
  making decisions. All decisions rest with the
  student and the student is in control of all
  his/her educational records.

11
Assignment of a Surrogate Parent Part C
Regulations

• If a surrogate parent is appointed for an infant
  or toddler, the parent has all the rights that a
  parent has under Part C. 34 CFR 303.422(f).
• A foster parent may act as a childs parent if
  permitted by state law.
• A guardian may serve as a parent but NOT if the
  state is the guardian for a child.

12
Assignment of a Surrogate Parent Part C
Regulations (continued)

• LEA cannot name as a surrogate any person who
  provides early intervention services to the child
  or to any family member. 34 CFR 303.422(d)(2)(i).
• Employees of state agencies are ineligible to
  serve as surrogate parents. 34 CFR
  303.422(d)(2)(i).

13
Disinterested Parents

• LEA cannot appoint a surrogate parent in
  situations where otherwise available parents
  refuse to participate in the educational planning
  process.
• A district cannot obtain an injunction against
  parental participation in IDEA eligible students
  educational programming.

14
Surrogate Parent Criteria

• Be an adult 18 or over
• Commit to personally and thoroughly acquaint
  themselves with the students educational needs
• Possess the necessary knowledge and skills to
  effectively represent the student
• Be familiar with the educational system

15
Surrogate Parent Criteria

• Be readily accessible to the student
• Have no conflicting or vested interest.

16
Potential Surrogate Parent Candidates

• Foster Parents if a child lives in a foster
  home, foster parents can be appointed as
  educational surrogate parents as long as they
  meet the qualifications and are willing to serve
  in that role.
• Community Volunteers University personnel,
  retired teachers from other districts, etc.
• Legal Guardians or Other Family Members

17
Potential Surrogate Parent Candidates

• If possible, a surrogate parent should be of the
  same racial, cultural and linguistic background
  as the student.
• They should be able to communicate with the
  student in his/her primary language and share
  some of the same cultural values in order to
  fully understand the child.

18
Recommendation/Consideration

• Consult with board attorney to consider requiring
  criminal background check and child abuse/neglect
  check, particularly if the Surrogate will have
  direct contact with the student.

19
Timeline for Assignment of a Surrogate

• The LEA 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. 34 CFR
  300.519 (h).

20
Personal and District Liability

• There is no guarantee that attempts to hold a
  surrogate parent liable for their actions will
  not be made.
• Ensure they can demonstrate their knowledge and
  skills and acted in good faith.
• Districts have greater liability if they fail to
  implement a sound surrogate parent training
  program and fail to assign a surrogate for an
  eligible student in need.
• Both parties need to demonstrate they acted in
  good faith for the benefit of the student.

21
Limitations of the Surrogate Parent

• A surrogate parent has no authority or
  responsibility for the care, maintenance, or
  financial support of the student.
• Surrogate parent has no authority or
  responsibility to participate or approve a foster
  or group home placement for a child.
• Surrogate parent is only responsible for making
  decisions regarding the provisions of a free,
  appropriate program for the student.

22
Termination of Surrogate Parent Assignment

• Schools may discontinue a surrogate assignment
  for the following reasons
• Student changes schools
• Student changes districts
• Student reaches the age of 18
• Childs status changes and he no longer is
  eligible for a surrogate parent
• The district does not believe the surrogate has
  done an adequate job in his/her role.

23
Sample form for documentation

• Surrogate Parent Determination Form
• Used for appointment
• Surrogate Parent Termination Form

24
Sample Guidance Document

• Surrogate Parent Guidance Document
• Use as a review of rights and expectations when
  training Surrogate Parents.

25
Questions

• ?

26
Acknowledgements

• Materials developed by CKSEC, Marti Ginter
• Your Childs Education, a document prepared by
  KDE
• Materials developed by Upper Cumberland
  Educational Cooperative

27
Training for Surrogate Parents Responsibilities
28
Surrogate Parent Responsibilities
29
Surrogate Parent Responsibilities

• Have all the rights afforded to parents.
• Represent the child in all matters relating to
  the identification, evaluation, and educational
  placement of the child and the provision of
  services to the child.
• Make decisions about educational issues for the
  child.
• Receive notice of proposed or refused actions.
• Provide or deny consent in writing.

30
Surrogate Parent Responsibilities

• Participate in the Admission and Release
  Committee (ARC) meeting acting as the parent of
  the student.
• Maintain confidentiality of information about the
  student.
• Request an independent educational evaluation for
  the student, if necessary.
• Request mediation and/or impartial due process
  hearing on any matter

31
Surrogate Parent Criteria
32
Surrogate Parent Criteria

• Be an adult 18 or over
• Commit to personally and thoroughly acquaint
  themselves with the students educational needs
• Possess the necessary knowledge and skills to
  effectively represent the student
• Be familiar with the educational system

33
Surrogate Parent Criteria

• Be readily accessible to the student
• Have no conflicting or vested interest.

34
Key Words and Phrases
35
Key words and Phrases

• Admissions and Release Committee (ARC) means a
  group of individuals, that is responsible for
  developing, reviewing, or revising an Individual
  Education Program for a child with a disability.

36
Special Education Due Process Procedures

• Key Words and Phrases
• ARC Membership includes
• Parent
• Child or youth when appropriate
• Regular education teacher of the child or youth
• Special education teacher who is knowledgeable of
  the disability
• District representative
• Related service personnel as appropriate
• Others as requested by members of the ARC

37
Key Words and Phrases

• Procedural Safeguards (Parents Rights) A copy
  of the procedural safeguards notice shall be
  given to the parents of a child with a disability
  one (1) time a school year. A copy shall also be
  provided
• Upon initial referral or parent request for
  evaluation
• Upon the receipt of the first written complaint
  or filing of due process hearing in a school
  year
• In accordance with discipline procedures when
  change of placement occurs
• Upon request by a parent.

38
Key Words and Phrases

• Procedural Safeguards (Parents Rights)
• The procedural safeguards notice shall include a
  full explanation of all the procedural safeguards
  available under the IDEA and Kentucky
  Administrative Regulations for Special Education.

39
Key Words and Phrases

• ARC Member Excusal
• A member of the ARC may be dismissed from
  attendance, in whole or in part, if the parents
  and the district agree in writing prior to the
  ARC meeting if
• That member is not necessary because the members
  area of curriculum or related service is not
  being modified or discussed in the meeting, or
• If their area is being discussed but the member
  submits in writing to the parent and ARC input
  into the development of the IEP prior to the
  meeting.

40
Key Words and Phrases

• Assistive Technology Services means any service
  that directly assists a child with a disability
  in the selection, acquisition, or use of an
  assistive technology device.

41
Key Words and Phrases

• Special Education means specially designed
  instruction, at no cost to the parents, to meet
  the unique needs of the child with a disability
  including instruction in the classroom, in the
  home, in hospitals and institutions, and in other
  settings.

42
Key Words and Phrases

• Collaboration means a teacher of exceptional
  children works with children with disabilities in
  the regular classroom to provide specially
  designed instruction and related services.

43
Key Words and Phrases

• Free Appropriate Public Education (FAPE) special
  education and related services that are provided
  at public expenses, under public supervision and
  direction, and without charge.

44
Key Words and Phrases

• Specially-Designed Instruction (SDI) means
  adapting as appropriate the content, methodology,
  or delivery of instruction to address the unique
  needs of the child with a disability and to
  ensure access of the child to the general
  curriculum.

45
Key Words and Phrases

• Related Services means transportation and such
  developmental, corrective, or supportive services
  as are required to assist a child with a
  disability to benefit from special education.

46
Key Words and Phrases

• Least Restrictive Environment (LRE) means the
  educational setting in which the student with a
  disability can learn effectively, based upon
  unique needs and capabilities, and interact with
  similar age peers who are not disabled.

47
Key Words and Phrases

• Individual Education Program (IEP) means a
  written plan of action developed by an Admission
  and Release Committee (ARC) to meet the specially
  designed instruction and related service needs of
  the student with a disability.

48
Notice

• A written notice will be given to you as the
  surrogate parent
• When the child has been referred for special
  education services
• Each time the ARC meets
• Anytime the school plans to evaluate the student

49
Notice

1. Anytime the school wants to initiate, continue or
   change the special education services for the
   student.

50
Special Education Due Process Procedures

• Key Words and Phrases
• Child with a Disability means a child evaluated
  in accordance with state regulations and as
  meeting the criteria stated in state regulations
  for

51
Special Education IDEIA Eligibility Categories

• Autism
• Deaf-Blindness
• Developmental Delay
• Emotional-Behavior Disability
• Hearing impairment
• Mental Disability (mild, moderate)
• Multiple Disabilities

• Orthopedic Impairment
• Other Health Impairment
• Specific Learning Disability
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual Impairment

52
The Process
53
The Process

• Step 1 Referral
• Step 2 Evaluation
• Step 3 Eligibility
• Step 4 Individual Education Program Planning
• Step 5 Placement
• Step 6 Implementation and Progress Monitoring
• Step 7 Review
• Step 8 Re-evaluation

54
Before Attending the First Meeting

• Surrogate parents should request and be given
  copies of all assessments, integrated reports and
  a full explanation to understand the childs
  current needs, functioning levels, strengths and
  areas of concern.
• Attend academic conferences etc.
• Receive on-going communication about the childs
  progress and placement.
• Act as an equal partner with school personnel in
  planning the IEP and during all ARCs.

55
FERPA and Confidentiality

• Surrogate parents are not given access to all the
  personally identifiable information about the
  childs family or background.
• Surrogate parents are required to follow FERPA
  regulations to keep confidential any information
  they gather from student records and or
  participating in the educational processes.
• All written copies of documents must be returned
  to the LEA if a surrogate chooses to no longer
  act in this role or if they are determined to be
  ineligible to serve.

56
Special Education Due Process Procedures

• Step 1 Referral
• A written request for a child to be individually
  tested to determine if the child has an
  educational disability and needs specially
  designed instruction and related services

57
Special Education Due Process Procedures

• Step 2 Evaluation
• A process of gathering information about the
  childs educational needs and abilities through
  individual tests, review of school work, and
  school records, behavioral observations,
  interviews, and rating scales

58
Special Education Due Process Procedures

• Step 3 Eligibility
• Reviewing the complete evaluation to determine if
  the child has an educational disability that
  adversely affects (has a negative impact on) the
  educational performance of the child

59
Special Education Due Process Procedures

• Step 4 Individual Education Program Planning
• Writing an Individual Education Program (IEP) for
  the child

60

• Transition planning for postsecondary options
  will begin by eighth grade or age 14
• Postsecondary goals and transition services begin
  by age 16
• At age 18 the student becomes responsible for
  making their educational decision (Emancipated
  Youth).

61
Special Education Due Process Procedures

• Step 5 Placement
• Deciding where the child will receive specially
  designed instruction and related services based
  on the least restrictive environment requirements

62
Special Education Due Process Procedures

• Step 6 Implementation and Progress Monitoring
• Carrying out and collecting progress data on the
  specially designed instruction and related
  services that were designed to meet the IEP goals
  and objectives for the child

63
Special Education Due Process Procedures

• Step 7 Review
• Reviewing the childs IEP and the services being
  provided and making needed changes in the IEP or
  placement to meet the childs identified needs

64
Special Education Due Process Procedures

• Step 8 Re-evaluation
• Re-determining eligibility based on a new
  evaluation of the child at least every three years

65
Special Education Due Process Procedures

• An ARC shall not have to be convened in order to
  make minor, non-programmatic changes to the IEP,
  such as typographical errors, incorrect directory
  information about the student (birthdate, age,
  grade, address, school), and other information
  required on the IEP that was agreed upon by the
  ARC but incorrectly recorded.
• If the school makes any changes, all member of
  the ARC shall be given a copy of the changes and
  an explanation as to why the changes were made.
• If any member objects to the changes, an ARC
  meeting shall be convened to discuss the changes.

66
Resolving Disagreements
67
Resolving Disagreements

1. Talk with the students teacher, principal, and
   director of special education.
2. Request an ARC meeting.
3. Meet with the superintendent of schools
4. Request a mediator

68
Resolving Disagreements

• Formal Complaint
• Mediation
• Request a due process hearing
• Appeal to KDE for a review of the hearing offices
  decision.
• Prepare a civil suit

69
Limitations of the Surrogate Parent

• A surrogate parent has no authority or
  responsibility for the care, maintenance, or
  financial support of the student.
• Surrogate parent has no authority or
  responsibility to participate or approve a foster
  or group home placement for a child.
• Surrogate parent is only responsible for making
  decisions regarding the provisions of a free,
  appropriate program for the student.

70
Termination of Surrogate Parent Assignment

• Schools may discontinue a surrogate assignment
  for the following reasons
• Student changes schools
• Student changes districts
• Student reaches the age of 18
• Childs status changes and he no longer is
  eligible for a surrogate parent
• The district does not believe the surrogate has
  done an adequate job in his/her role.

71
Summary

• Surrogates have the right to attend all ARC
  meetings about your student.
• Surrogates may request an ARC meeting about your
  child more frequently than once a year.
• The school district must have written permission
  before a student with an appointed surrogate can
  be individually evaluated.

72
Summary

• The school district must have your written
  permission before your student can begin a
  placement to receive specially designed
  instruction and related services.
• Parents signature is not required on the IEP.
  However parent input is needed.

73
Questions

• ?

74
Acknowledgements

• Materials developed by CKSEC, Marti Ginter
• Your Childs Education, a document prepared by
  KDE
• Materials developed by Upper Cumberland
  Educational Cooperative