Serving as a Surrogate Parent for a Child with a Disability Introduction Training Program 2009 1 2 Goals for the Training Defining terms, responsibilities and the law Student and parent rights Education process Additional specific requirements 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. 3 4 Who is considered a parent? Adoptive Natural Guardian Person acting as parent Surrogate 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. 5 6 1
When is a surrogate parent appointed? No parent can be identified Parent cannot be located Student is a ward of the state 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) 7 8 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. What are the duties of a surrogate parent? Same rights and responsibilities as natural parent for: Identification Evaluation Educational Placement FAPE 9 10 Responsibilities Put your concerns, questions and vision in writing Keep file of your dated correspondence Keep records of your meetings and contacts. Responsibilities continued Prepare yourself to actively participate Know your school contacts Be assertive but respectful Know your rights Seek support as needed 11 12 2
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. 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 13 14 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 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 15 16 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. Federal and State Laws Guiding Special Education 17 18 3
Federal and State Laws Federal legislation Federal regulations State legislation Federal and State Laws 6. Sends to local districts, which adopt policies and procedures 5. Updates Procedural Safeguards (Whose IDEA is This?) 1. Federal legislative branch makes laws 2. Sends to federal agency that will monitor law and write regulations State standards Whose IDEA is This? 19 4. Sends to state agency that will monitor law and write rules (operating standards) 3. Sends to states, which may write new state legislation 20 What Legislation Impacts Special Education? No Child Left Behind Americans with Disabilities Act Rehabilitation Act of 1973 No Child Left Behind (NCLB) Individuals with Disabilities Education Improvement Act (IDEA 2004) Purpose: to ensure that all children have a fair, equal and significant opportunity to obtain a high quality education 21 22 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 Six Principles of IDEA 2004 Zero reject of children with disabilities Nondiscriminatory identification and evaluationevaluation team report (ETR) Individualized education programs (IEPs) Least restrictive environment (LRE) FAPE 23 Due process 24 4
Overarching goals and themes Access and Standards BENCHMARK STANDARD BENCHMARK BENCH Operating Standards Ohio s rules Two sets of Operating Standards for Ohio s Schools: 1. Elementary and Secondary What all students should know and be able to do at each grade level Indicator Indicator Indicator Indic Indicator Indicator What all students should know and be able to do 25 2. Serving Children with Disabilities 26 Operating Standards for Ohio Educational Agencies Serving Children with Disabilities Defining Terms and Responsibilities Student and Parent Rights 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 The Education Process Additional Specific Requirements 27 28 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 Definitions Defines terms as they are used in the rules Includes definitions of disability categories Operating Standards, pp.13-40 Operating Standards, pp.10-13 29 30 5
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 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 Operating Standards, pp. 41-48 31 32 Child Find [3301-51-03] Identify and serve all children with disabilities Maintain and examine child data Operating Standards Student and Parent Rights 3301-51-04 Confidentiality 3301-51-05 Procedural Safeguards Operating Standards, pp. 49-51 33 34 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 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 35 36 6
Conflict Resolution [3301-51-05 ] Administrative review [pp. 72-73] Mediation [pp. 73-75] Impartial due process [pp. 86-93] Civil action [pp. 93-94] Discipline Conflict Resolution Rule [3301-51-05] continued Case-by-case determination State complaint procedures [pp. 75-83] Resolution meeting [pp. 83-86] Attorneys fees [pp. 94-97] Appeal [pp. 101-104] *** Other options: Facilitated IEPs Additional authority Services Manifestation of a disability Special circumstances Operating Standards, pp. 97-107 37 38 Operating Standards The Education Process 3301-51-06 Evaluations 3301-51-07 Individualized Education Program 39 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. 40 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 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. 41 Operating Standards, pp. 108-123 42 7
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 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 43 44 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 Test Tip # 5 FAPE is a Free and Appropriate Public Education 45 46 Test Tip # 6 The district of residence is ultimately responsible for ensuring FAPE for a student with a disability Test Tip # 7 A main cornerstone component of IDEA is: parental involvement in the evaluation, the IEP process and placement decisions 47 48 8
Test Tip # 8 The name of Ohio s regulations for special education is The Operating Standards for Ohio Educational Agencies serving Children With Disabilities Test Tip # 9 The timeline for initial evaluations is Within sixty days of receiving parental consent for the evaluation 49 50 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 51 The IEP Must be developed by the team within thirty calendar days of the determination that the child needs special education and related services 52 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) 53 The district must give the parent a copy of the student s IEP Within thirty calendar days after the IEP meeting 54 9
What Does IDEA 2004 Require of IEPs? Parent and student involvement General education curriculum Reporting on student progress Team approach 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 55 56 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 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 Provide specific levels of academic and functional performance in the area of need within the general curriculum 57 Support with baseline data from present levels Clearly state what s expected of child for that year. 58 Specially Designed Instruction Provide Access to the General Curriculum Supports Accommodations Modifications Supports Modifications Accommodations Specially Designed Instruction, continued Accommodations Changes made in the way teachers teach content; and Modifications Changes made to what students are expected to learn 59 60 10
Specially Designed Instruction, continued Services Identify needed services Modifications Changes made to what Students are expected to learn 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 61 62 What is a Related Service? Speech-language pathology Vision services Psychological services Physical therapy Special Instructional Factors and Other General Factors Behavior Assistive Technology Post Secondary Transition Occupational therapy Orientation & mobility services School health services Adaptive equipment & services Audiology services Rehabilitation counseling Braille services Interpreting services Special transportation Limited English Proficiency Visual Impairments Communication Physical Education Extended School Year Services Testing and Assessment 63 Deaf or Hard of Hearing Transfer of Rights 64 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 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 65 66 11
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 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 Operating Standards, pp. 140-158 67 68 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. Test Tip # 10 When we use the term IEP we are referring to the child s Individualized Education Program Operating Standards, pp. 174-185 69 70 Test Tip #11 The IEP must be developed by the team within thirty calendar days of the determination that the child needs special Test Tip #12 The district must give the parent a copy of the student s IEP within thirty calendar days after the IEP meeting education and related services 71 72 12
Test Tip #13 Some items that the student's IEP must address include: Present levels, Goals, Objectives or benchmarks; Services 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) 73 74 Test Tip #15 Appropriate conflict resolution options include: Administrative Review IEP Facilitation Mediation 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 75 76 Thank you For your willingness to participate in the training and act as a surrogate. 77 13