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SURROGATE PARENT TRAINING

Laurie VanderPloegKent ISD

2/23/06

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.

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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 child’s welfare.

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Foster Parent

A foster parent, to the extent permitted by law (MichiganR340.1701b 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-

(1) For determining whether a child needs a surrogate parent; and

(2) 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-1) No parent can be identified2) The public agency after reasonable efforts, cannot locate

the parent;3) The child is a ward of the State under the laws of that

State; or4) 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 child’s 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-

(1) Is not an employee of the SEA, the LEA or any other agency that is invited in the education or care if the child;

(2) Has no personal or professional interest that conflicts with the interest of the child he or she represents; and

(3) 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-

1) The identification, evaluation, and educational placement of the child; and

2) The provision of FAPE to the child

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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.

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Qualities of an Ideal Surrogate

A commitment to learn about the child’s 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 student’s 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 student’s teachers, family members, therapist, caseworkers,

other professionals involved in the child’s 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 MET’s/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 child’s 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 child’s needs, taking into account the child’s strengths, preferences and interests.

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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

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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: (616) 447-3076 Fax: (616) 447-2440 E-mail: laurievanderploeg@kentisd.org