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A presentation by the El Dorado County Office of Education Charter SELPA (adapted from a presentation developed by Riverside County SELPA). Surrogate Parent Roles and Responsibilities. Training Objectives. - PowerPoint PPT Presentation
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SURROGATE PARENT ROLES AND RESPONSIBILITIESA presentation by the El Dorado County Office of
Education Charter SELPA (adapted from a presentation developed by Riverside County SELPA)
Training Objectives Examine basic roles, rights, responsibilities,
qualifications, and qualities of surrogate parents Develop an awareness of the federal and state laws
and regulations which safeguard the rights of children with disabilities and their surrogate parents
Develop an awareness of the IEP process Examine the role and responsibilities of surrogate
parents in the IEP process Discuss techniques for effective surrogate parents in
the IEP process
What Is A Surrogate Parent?
A surrogate parent is a person appointed by the local education agency (LEA) or special education local plan area (SELPA): To represent a student for the purpose of
their individualized education program (IEP)To ensure that the rights of the student to a
free appropriate public education (FAPE) are protected
What Are the Responsibilities of the LEA?
The LEA is responsible for the assignment of an individual to act as a surrogate for the parent(s). This must include a method for:Determining whether a child needs a
surrogate parentAssigning a surrogate parent to the child
Who Can Be A Surrogate Parent?
A surrogate parent must: Have knowledge and skills to adequately represent the
student Be culturally sensitive to the studentA surrogate parent must not: Be an employee of a public agency involved in the education
or care of the student Be an employee of a private agency involved in the
education of the student
A LEA shall, as a first preference, select a surrogate who is a relative caregiver, foster parent, or court-appointed special advocate.
What’s the difference between the surrogate’s role and the parent’s
role?
Local training requirements, as stipulated in the local plan
The term of appointment The fact that the surrogate parent’s
service may be terminated if a conflict of interest arises that may affect the child’s educational program
Group Home Employees and Foster Parents
Group home operators or employees are not eligible Foster parents are allowed to represent students
unless They have a conflict of interest The placement is short-term (less than 6 months – not
ongoing or long-term) There is a Minute Order assigning educational rights to a
specific person
A surrogate parent must not have a conflict of interest. If one arises, it is the responsibility of the surrogate to notify the LEA and the SELPA immediately.
Conflict of Interest
“An individual who would have a conflict of interest…Means a person having any interests that might restrict or bias his/her ability to advocate for all of the services required to ensure a free appropriate public education for an individual with exceptional needs.” (Govt. Code Section 7579.5(3)(e))
When Is a Surrogate Parent Appointed?
Student does not have a parent, guardian or conservator, or one can’t be located
Student is a ward or dependent of the court, the court has removed parent’s rights to make educational decisions and has not assigned anyone else
Student is an unaccompanied homeless child or youth
These children may be living in:
Foster homes Private group homes State hospitals Other health facilities Residential treatment centers
Legal Guardian If a child has a legal guardian, a
surrogate is not needed If someone (grandparent, etc.) is
“acting” as the child’s parent at the request of the natural parent, a surrogate is not needed
IDEIA – Individuals with Disabilities Education Improvement Act
Guarantees students with disabilities: Free Appropriate Public Education (FAPE) Placement in the Least Restrictive
Environment (LRE) Fair assessment procedures Parent involvement in educational
decisions
IDEIA – Individuals with Disabilities Education Improvement Act
Offers two major protections: Individualized Education Program
(IEP) Due Process Procedures
How Long May a Surrogate Represent a Student?
A surrogate may represent the child until any of the following are determined: The child is no longer in need of special education The minor reaches 18 years of age Another responsible adult is appointed to make educational
decisions for the minor The right of the parent or guardian to make educational decisions for
the minor is fully restored
The surrogate parent may resign from his or her appointment only after giving notice to the LEA
Surrogate Parent Rights
Same rights regarding educational decisions as the parent
Surrogate is appointed to assure that the student’s rights are protected. These rights include: FAPE in accordance with their IEP Appropriate, nondiscriminatory educational
assessment in the child’s primary language Educated in the LRE for his/her needs
Surrogate Parent Rights (cont.)
Inspect and have a copy of all educational records Request changes in inappropriate or inaccurate
information in student records Be informed about assessment procedures, tests,
and results Seek an independent assessment when appropriate Give written consent for nonemergency medical
services, mental health treatment services, and occupational or physical therapy services when there is a need for local mental health involvement.
Surrogate Parent Rights (cont.)
Participate fully in planning the IEP Receive information about special education
services Question the appropriateness of the student’s
educational program Decide if a proposed placement is appropriate for
the child Agree/disagree with parts or all of the IEP Participate in disciplinary (suspension/expulsion)
hearings
Surrogate Parent Rights (cont.)
Talk with people involved with the student’s education and receive reports and communications
Review, help make decisions and propose changes in the student’s educational program
Request a parent/school conference, new evaluation, or planning meeting
Have an outside person and student attend any meeting, if appropriate
Request an IEP meeting if needed
Surrogate Parent Rights (cont.)
Receive information from the school about free or low cost legal services for legal guidance
Initiate due process proceedings, when necessary Participate in resolution sessions Be informed if the school is beginning due process Be notified in writing when the school proposes any
of the following: Assessment of the student Changing the student’s placement Changing the student’s IEP Calling an educational placement meeting
Can a Surrogate Be Held Liable?
Surrogate parents are held harmless when acting in their official capacity except in acts or omissions found to have been wanton, reckless, or malicious (California Government Code Section 7579.5(l))
Surrogate Parent Responsibilities
Organize and maintain student records Participate in IEP meetings Share information about the student with the IEP
team Monitor the student’s educational progress Work collaboratively with the school and other
agencies involved with the student Represent the student in any complaint, due
process, or ADR session Be familiar with the Procedural Safeguards
Learn about the StudentLearn about the student’s educational needs by: Meet the student at home, school, or in the
community Review samples of the student’s work Talk with the student’s teacher(s) and other
professionals Learn about the student’s area of disability
Assessment Guidelines No one test result can be used to place
a student in special education A team of people will conduct a multi-
disciplinary assessment Tests and other assessments should
examine all areas of possible learning difficulties
Testing must be non-discriminatory
IEP ParticipationThe surrogate should: listen to the information shared regarding the student’s needs ask questions participate in the writing of the goals and objectives discuss the student’s strengths and needs identify concerns
It takes all members of the IEP team to fully develop an appropriate IEP that truly meets the student’s needs.
What to Expect at the IEP Meeting
Student’s present levels of performance Data regarding whether goals and objectives from the last
IEP were met New annual goals will be developed A transition plan will be developed if the student is 16 or
older, or if the student will turn 16 before the next annual IEP Specific listing of program and services to be provided (offer
of FAPE) Date for beginning and ending of services Discussion of any behavioral concerns and possible
development of a behavior plan
What Else to Expect…Discussion of… How student will participate in state and district assessments Graduation requirements Transition services (16 and older) The percentage of time the student will participate in general
education or reason for not participating in general education Transportation Extended School Year
Placement Options and LRE
By law, students receiving special education services must be placed in the “least restrictive environment” (LRE)
This means: Students in special education must be
educated “to the maximum extent appropriate” with children who are not disabled
Continuum of ServicesLeast Restrictive •General education
•General education with Related Services (RS)•General education with Resource Specialist Program (RSP)
•Special Day Class at home school (SDC)•Special Day Class at another public school in the school district
•Non-Public School (NPS)•Home and hospital instruction
Most Restrictive •Residential placement•Institutional placement
Is the Surrogate Involved in the Discipline Process?
Positive Behavior Support Plan Functional Assessments Manifestation Determination
Review Interim Alternative Educational
Setting – 45 school days
Signature
A surrogate will be asked to sign all forms relating to the student’s special education program, including: Assessment plan IEP document Release of Information
Make sure to ask questions regarding anything you do not understand.
ConfidentialityState and federal law protect the confidentiality of student records and limit the disclosure of such records. Confidential information includes: All personally identifiable information about a
child in special education All special education records
When the surrogate’s appointment ends, all records should be properly returned to the LEA or destroyed.
What If I Have Additional Questions?
Please feel free to contact the El Dorado County SELPA:
530-295-2462
Thank you for your time and dedication!