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Serving as a Surrogate Parent for a Child with a Disability

Training Program 2009

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Introduction

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Goals for the Training • Defining terms, responsibilities and

the law • Student and parent rights • Education process • Additional specific requirements

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What is the definition of a surrogate parent?

A person who acts in place of the parent to make educational decisions on behalf of a child with a disability in all matters relating to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education (FAPE) to the child.

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Who is considered a parent?

•  Adoptive •  Natural •  Guardian •  Person acting as parent •  Surrogate

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What about foster parents? •  IDEA 2004 and federal regulations say a

foster parent is a parent, unless state law says otherwise.

•  In Ohio, a foster parent is NOT considered a parent for purpose of this definition.

• May be appointed if they meet criteria and are appointed by superintendent of district of residence.

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When is a surrogate parent appointed?

•  No parent can be identified •  Parent cannot be located •  Student is a ward of the state

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What requirements must surrogate parents meet?

• Have knowledge and skills

• Have no conflict of interest (not employed by the agency in charge of the care or education of the child)

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How is a surrogate parent appointed?

• Superintendent or designee identifies students in need of surrogate parents and assigns individuals to this role

• A judge appoints the surrogate

•  Individual completes approved surrogate parent training.

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What are the duties of a surrogate parent?

Same rights and responsibilities as natural parent for: •  Identification •  Evaluation •  Educational Placement •  FAPE

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Responsibilities

• Put your concerns, questions and vision in writing

• Keep file of your dated correspondence

• Keep records of your meetings and contacts.

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Responsibilities continued

•  Prepare yourself to actively participate •  Know your school contacts •  Be assertive but respectful •  Know your rights •  Seek support as needed

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What is the liability of surrogate parents?

Neither the surrogate parent nor the authority that assigned the surrogate shall be liable in civil damages, except for acts that constitute willful or wanton misconduct.

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What are the duties of the district related to surrogates?

• Determine need for surrogate

• Assign surrogate within 30 days

• Ensure surrogate is trained

• Review terms

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Test Tip # 1

•  A surrogate parent is a person who –  is appointed by the school district of

residence –  who has no conflict of interest –  and who completes training in special

education laws and regulations

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Test Tip #2

•  One of the main responsibilities of a surrogate parent is – Making educational decisions on behalf

of the child related to the evaluation of the child and the development of the child’s IEP

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Test Tip # 3

•  A district must appoint or assign an individual to act as a surrogate parent – no later than 30 days after it has been

determined that the student is in need of a surrogate.

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Federal and State Laws Guiding Special Education

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Federal and State Laws •  Federal legislation •  Federal regulations •  State legislation •  State standards •  Whose IDEA is This?

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Federal and State Laws 1.  Federal legislative

branch makes laws

2. Sends to federal agency that will monitor law and write regulations

3. Sends to states, which may write new state legislation

4. Sends to state agency that will monitor law and write rules (operating standards)

5. Updates Procedural Safeguards (Whose

IDEA is This?)

6. Sends to local districts, which adopt policies and procedures

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What Legislation Impacts Special Education?

•  Americans with Disabilities Act

•  Rehabilitation Act of 1973

•  No Child Left Behind (NCLB)

•  Individuals with Disabilities Education Improvement Act (IDEA 2004)

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No Child Left Behind

Purpose: … to ensure that all children have a fair, equal and significant opportunity to obtain a high quality education…

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Individuals with Disabilities Education Improvement Act

• Aligns NCLB and IDEA 2004

• There is a new focus on ensuring that students with disabilities meet high standards

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Six Principles of IDEA 2004 • Zero reject of children with disabilities

• Nondiscriminatory identification and evaluation-

evaluation team report (ETR)

•  Individualized education programs (IEPs)

•  Least restrictive environment (LRE)

• FAPE • Due process

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Access and Standards

Indicator

Indicator

BENCHMARK

Indicator

Indicator

Indicator

Indicator

BENCHMARK

Indicator

BENCHMARK

STANDARD

Overarching

goals and themes

What all students

should know and be able to do

at each grade level

What all students should know and

be able to do

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Operating Standards Ohio’s rules

Two sets of Operating Standards for Ohio’s Schools: 1. Elementary and Secondary 2. Serving Children with Disabilities

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Operating Standards for Ohio Educational Agencies Serving Children with Disabilities

•  Defining Terms and Responsibilities

•  Student and Parent Rights

•  The Education Process

•  Additional Specific Requirements 28

Operating Standards Defining Terms and Responsibilities

•  3301-51-01 Applicability of Requirements and Definitions

•  3301-51-02 Free Appropriate Public Education (FAPE)

•  3301-51-03 Child Find

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Applicability of Requirements [3301-51-01]

• Sets forth responsibilities of school district of residence to provide FAPE

• Ensures the rights of children with disabilities and their parents are protected

Operating Standards, pp.10-13

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Definitions • Defines terms as they are used in the rules

• Includes definitions of disability categories

Operating Standards, pp.13-40

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FAPE [3301-51-02]

• Free – at no cost to the parents

• Appropriate – suited to the unique needs of the student

• Public – provided by the public school district

• Education – schooling age 3-21

Operating Standards, pp. 41-48

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What is Special Education?

•  It is about specially designed instruction

•  It meets the unique needs of the student that result from his or her disability

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Child Find [3301-51-03]

•  Identify and serve all children with disabilities

• Maintain and examine child data

Operating Standards, pp. 49-51

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Operating Standards

Student and Parent Rights •  3301-51-04 Confidentiality

•  3301-51-05 Procedural Safeguards

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Confidentiality [3301-51-04]

• Addresses personally identifiable information • Requires parent consent for release of information • Describes requests for records hearings • Covers information disclosed to appropriate agencies when abuse and/or neglect are suspected

Operating Standards, pp. 51-59

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Procedural Safeguards [3301-51-05]

•  Parent participation in meetings •  Prior written notice •  Procedural safeguard notice Whose IDEA is This? •  Independent Educational Evaluation •  Transfer of rights Operating Standards, pp. 60-107

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Conflict Resolution [3301-51-05 ] Administrative review [pp. 72-73]

Mediation [pp. 73-75]

State complaint procedures [pp. 75-83]

Resolution meeting [pp. 83-86]

Impartial due process [pp. 86-93]

Civil action [pp. 93-94]

Attorneys’ fees [pp. 94-97]

Appeal [pp. 101-104] *** Other options:

Facilitated IEPs 38

Conflict Resolution Rule [3301-51-05] continued

Discipline •  Case-by-case determination

•  Additional authority

•  Services

•  Manifestation of a disability

•  Special circumstances Operating Standards, pp. 97-107

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Operating Standards

The Education Process •  3301-51-06 Evaluations

•  3301-51-07 Individualized Education Program

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Evaluation [3301-51-06]

Initial evaluation: (see pp.108-110) • Must obtain informed parental consent; • District may use due process hearing to force consent for initial evaluation, but not for beginning initial services; • District has 30 days to respond to parent request for evaluation by obtaining consent or sending prior written notice • Evaluation cannot be delayed because of intervention process; • Evaluation completed within 60 calendar days of receiving parental consent.

Reevaluations required under these circumstances: (see pp.109-112)

• Three years has elapsed since previous evaluation; • If district deems your child warrants a reevaluation; • If parent or teacher requests a reevaluation; • Transition from preschool to school-age services; • In order to make a change in disability category; or • In determining if child is no longer eligible for services.

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Evaluation procedures continued

Evaluation planning •  A team decision, not an individual decision.

•  Parent is part of the evaluation process including the

planning

•  Planning must be documented.

•  Evaluation planning must address all areas where a disability is suspected.

•  Evaluation planning is an essential part of the evaluation process.

Operating Standards, pp. 108-123

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Evaluation procedures continued

Each district of residence must: • Conduct a full and individual initial evaluation, within the required timelines, in accordance with the rule before initiating special education and related services.

• Use data from interventions to determine eligibility for special education services. Interventions are high quality instructional practices that are put in place specifically to match the needs of a student who is not performing at grade level

• Conduct re-evaluations according to timelines specified in the IDEA 2004 and the Operating Standards.

Operating Standards, pp. 108-123

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Evaluation procedures continued

•  Assessment tools and strategies •  Information from the parents •  Standardized, validated tests •  Helps with identification •  Determines IEP contents Operating Standards, pp. 110-113

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Evaluation Procedures continued

•  Must be significantly comprehensive to identify all of the child’s special education and related services needs

•  Ensure that a referral process is employed

•  Can use due process to force consent for evaluation but not for consent for services.

•  Must give prior written notice in accordance with the rule

•  Provide ETR •  Allow parent or district to initiate re-evaluations

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Test Tip # 4

•  The Individuals with Disabilities Education Improvement Act –  is the name of the federal law that ensures

that students with disabilities have procedural safeguards and access to public elementary and secondary education

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Test Tip # 5

• FAPE is a – Free and – Appropriate – Public – Education

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Test Tip # 6

• The district of residence – is ultimately responsible for ensuring FAPE for a student with a disability

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Test Tip # 7

•  A main cornerstone component of IDEA is:

– parental involvement in the evaluation, the IEP process and placement decisions

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Test Tip # 8

•  The name of Ohio’s regulations for special education is – The Operating Standards for Ohio Educational Agencies serving Children With Disabilities

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Test Tip # 9

•  The timeline for initial evaluations is

– Within sixty days of receiving parental consent for the evaluation

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Individualized Education Program (IEP) 3301-51-07

•  A written statement developed, reviewed and

revised in a meeting of an IEP team to best

identify the specially designed instruction, related

services, accommodations, modifications and

supports that a school will provide for a child with

a disability.

Operating Standards, pp. 124-139

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The IEP •  Must be developed by the team within

thirty calendar days

of the determination that the child

needs special education and related

services

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Required team members include •  a district representative •  the parent(s), •  regular education teacher •  special education teacher of the child •  an individual who can interpret the

instructional implications of evaluation results (who could be a member of the IEP team such as the district representative or teacher)

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The district must give the parent a copy of the student’s IEP

Within

thirty calendar days after

the IEP meeting

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What Does IDEA 2004 Require of IEPs?

•  Parent and student involvement

•  General education curriculum

•  Reporting on student progress

•  Team approach 56

What’s included in an IEP?

•  Future planning •  Present levels of performance; needs •  Goals/objectives/progress monitoring •  Specially designed services / instruction •  Transition •  Special factors and other considerations •  LRE •  State and District Wide Testing

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Present Levels of Academic and Functional Performance

• Provide the foundation and support for developing goals, objectives and determining services

• Provide objective baseline data for setting targets

• Identify student’s needs

• Address what the student can and cannot do as compared to typical peers

• Provide specific levels of academic and functional performance in the area of need within the general curriculum

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Measurable Annual Goals and Measurable Short-Term Objectives

• Establish goals, objectives, progress reporting

• Address student’s needs resulting from the disability

• Provide linkage to the academic content standards;

• Provide access to the general education curriculum

• Contain measurable and observable skill

• Support with baseline data from present levels

• Clearly state what’s expected of child for that year.

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Specially Designed Instruction Provide Access to the General Curriculum

•  Supports

•  Accommodations

•  Modifications

Accomm

odations

Modifications

Supp

orts

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Accommodations Changes made in the

way teachers teach content;

and

Modifications Changes made to

what students are expected to learn

Specially Designed Instruction, continued

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Modifications Changes made to

what Students are expected to learn

Specially Designed Instruction, continued

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Services • Identify needed services • Statement of special education, related services and supplemental aids and services

• Statement of program modifications and supports

• State frequency, location and duration of those services and modifications

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What is a Related Service?

Speech-language pathology Vision services Psychological services Physical therapy

Post Secondary Transition Occupational therapy Orientation & mobility services School health services Adaptive equipment & services Audiology services Rehabilitation counseling Braille services

Interpreting services Special transportation

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Special Instructional Factors and Other General Factors

Behavior Limited English Proficiency Visual Impairments Communication Deaf or Hard of Hearing

Assistive Technology

Physical Education

Extended School Year Services

Testing and Assessment

Transfer of Rights

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Least Restrictive Environment •  To the maximum extent

appropriate, children with disabilities are educated with their non-disabled peers…with the use of supplemental aids and services...

•  Nonacademic settings has been changed to clarify supports for inclusion in extracurricular services and activities to the maximum extent appropriate

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Operating Standards Additional Specific Requirements

•  3301-51-08 Parentally Placed Nonpublic School Children

•  3301-51-09 Delivery of Services

•  3301-51-10 Transportation

•  3301-51-11 Preschool Special Education Requirements

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Non-Public [3301-51-08]

• District where nonpublic is located is responsible for: child find, evaluation, identification and service

• District of Residence (DOR) must make offer of FAPE

• District where nonpublic is located writes and implements the IEP

Operating Standards, pp. 140-158 68

Delivery of Services [3301-51-09]

•  Discusses LRE and placements

•  Covers qualifications and roles of service providers

•  Requirements for waivers affecting certain rules

•  Housing, facilities, materials, equipment and supplies

Operating Standards, pp. 159-170

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Preschool [3301-51-11]

• Transition from early intervention to preschool services aligned with Ohio Department of Health and state interagency agreement

• If attending kindergarten, child counted as school-age;

• Children can be eligible based upon one of 13 school-age disability categories or developmental delay.

Operating Standards, pp. 174-185 70

Test Tip # 10

•  When we use the term IEP we are referring to the child’s

Individualized Education Program

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Test Tip #11

•  The IEP must be developed by the team within

thirty calendar days

of the determination that the child needs special

education and related services

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Test Tip #12

The district must give the parent a copy of the student’s IEP

within thirty calendar days

after the IEP meeting

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Test Tip #13

Some items that the student's IEP must address include:

Present levels, Goals, Objectives or benchmarks; Services

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Test Tip #14

•  Required IEP team members include – a district representative –  the parent(s), –  regular education teacher – special education teacher of the child – an individual who can interpret the

instructional implications of evaluation results (who could be a member of the IEP team such as the district representative or teacher)

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Test Tip #15

•  Appropriate conflict resolution options include:

– Administrative Review – IEP Facilitation – Mediation

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Resources

Your local STATE SUPPORT TEAM via the ODE website Type in “State Support Teams” Select link for SST locations and contacts Edresourcesohio.org extension of the OEC website

The Ohio Department of Education (ODE) (877) 644-6338

www.education.ohio.gov http://edresourcesohio.org/ ODE Office for Exceptional Children (ages 5-22) (614) 466-2650 ODE Office of Early Learning and School Readiness (ages 3-5) (614) 466-0224 The Ohio Coalition for the Education of Children with Disabilities (800) 374-2806 www.ocecd.org

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Thank you

•  For your willingness to participate in the training and act as a surrogate.