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 a(6))
All these federal laws and subsequent state statutes and regulations affect special education.
IDEA was reauthorized in The purpose of this law and its regulations is to make sure that all children and youth with disabilities have available to them a free appropriate public education (FAPE). Another purpose of the law is to make sure that the rights of children and youth with disabilities and their parents or guardians are protected. One of the requirements of IDEA is to assign a surrogate parent to students who have no parents or guardians to represent them in educational decision-making.
No Child Left Behind has had a major impact on special education. The establishment of content standards and achievement standards has changed the way states look at individual education programs (IEPs).
The Americans with Disabilities Act is an important civil rights law. It protects the rights of persons with disabilities of all ages and makes discrimination against the law. It applies to both public and private programs. It also applies to other important aspects of society such a public transportation, radio, TV, telephone, hotels, motels, libraries, and so on.
Section 504 of the Rehabilitation Act, also a civil rights law, deals with the rights of all people with disabilities. This law was enacted to forbid discrimination on the basis of disabilities in any program or activity that receives federal funds. This law makes sure people with disabilities have rights in their community. More specifically for children and youth in school it means: School districts must provide students with disabilities the same opportunity to succeed in school as they provide to students without disabilities. Schools (including colleges, universities, and vocational school) must be equipped so that people with disabilities can get into and out of buildings and move around safely.
The Family Educational Rights and Privacy Act protects the confidentiality of student records. This law makes sure that staff are trained in confidentiality and that records are protected during creation, maintenance, and destruction phases.
The McKinney Vento Homeless Assistance Act ensure that any unaccompanied homeless youth is given the opportunity to have an adult appointed to protect the child’s rights.

3. Legal Definition of Parent
A biological or adoptive parent of a child;
A guardian generally authorized to act as the child’s 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 child’s welfare;

4. Legal Definition of Parent – cont.
A foster parent if the biological or adoptive parents’ authority to make educational decisions on the child’s 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 child’s 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 1:340, Section 6.

6. Determination of Educational Representative Form
Consult legal advisor when in doubt regarding determining who can represent the child and give consent.
We are not attorneys and cannot give legal advice.

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)
One of the initial steps in determining if a student may need special education services is to determine who can make educational decisions for the student. The biological parent, the guardian or someone recognized by the school as “acting as the parent” is usually determined to be the student’s decision-making representative. However, in some cases a student representative can not be identified for a child and then the school must assign a surrogate parent for the student.
The assignment of a surrogate parent occurs when:
a. No parent can be identified
b. The district cannot determine the whereabouts of a parent after reasonable attempts to do so
The child is a ward of the state. A child becomes a ward of the state when parental rights have been terminated by a court competent jurisdiction. OR
The child is an 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 can be appointed that meets all the requirements.

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 (f).
A foster parent may act as a child’s “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 (d)(2)(i).
Employees of state agencies are ineligible to serve as surrogate parents. 34 CFR (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 student’s educational programming.

14. Surrogate Parent Criteria
Be an adult 18 or over;
Commit to personally and thoroughly acquaint themselves with the student’s educational needs;
Possess the necessary knowledge and skills to effectively represent the student;
Be familiar with the educational system;
Any surrogate parent must commit to personally and thoroughly acquaint themselves with the student’s educational needs.
The surrogate parent must possess the necessary knowledge and skills to effectively represent the student. If the surrogate parent is lacking any knowledge or skill they must be willing to receive training in these areas. The local education agency provides training for all surrogate parents.
In order to effectively represent the student the surrogate parent must be familiar with the educational system in which the student is enrolled or may enroll.

15. Surrogate Parent Criteria
Be readily accessible to the student;
Have no conflicting or vested interest.
Surrogate parents are acting as the parent for educational decision making for a student so the surrogate parent must be readily accessible to the student and the local education agency.
According to Ky Regulations for Exceptional Children a surrogate parent cannot be an employee of the Ky Dept. of Education, the local Education Agency, or any other agency that is involved in the education or care of the child. The surrogate parent may not have an interest that conflicts with the interests of the child.

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 (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.
District’s 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
Child’s 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 Child’s Education,” a document prepared by KDE
Materials developed by Upper Cumberland Educational Cooperative

27. Training for Surrogate Parents Responsibilities
As a surrogate parent, your responsibilities will be to represent the student in all matters, relating to the identification, evaluation, and placement of the child so that he or she receives a free appropriate public education. These responsibilities include:

28. Surrogate Parent Responsibilities
As a surrogate parent, your responsibilities will be to represent the student in all matters, relating to the identification, evaluation, and placement of the child so that he or she receives a free appropriate public education. These responsibilities include:

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.
As a surrogate parent, you have all the rights that are afforded to parents and will be asked to make decisions about educational issues for the child. You will 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.
As a surrogate parent you will receive a written invitation to attend an Admission Release Committee meeting. The invitation will include the date, time, place for the meeting, as well as stating the purpose of the meeting.
IDEA requires that written parent consent be obtained by the local education agency before any evaluation, and before initial services are provided.

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
As the surrogate parent of a student you will be expected to attend any ARC meeting concerning the student and to help in the decision making for the student’s educational plan.
The surrogate parent must follow the guidelines concerning confidential that are outlined in IDEA and FERPA. The surrogate parent should not discuss the student’s educational records except when necessary in making educational decisions.
The local educational agency through the ARC meeting may decide to complete a individual evaluation of the student that has a surrogate parent. The surrogate parent may request that an additional independent evaluation be conducted if necessary.
If the local education agency and the surrogate parent can not agree on the educational issues of identification, evaluation, placement or provision of services for the student, then the surrogate parent may request mediation and/or an impartial due process hearing.

31. Surrogate Parent Criteria

32. Surrogate Parent Criteria
Be an adult 18 or over;
Commit to personally and thoroughly acquaint themselves with the student’s educational needs;
Possess the necessary knowledge and skills to effectively represent the student;
Be familiar with the educational system;
Any surrogate parent must commit to personally and thoroughly acquaint themselves with the student’s educational needs.
The surrogate parent must possess the necessary knowledge and skills to effectively represent the student. If the surrogate parent is lacking any knowledge or skill they must be willing to receive training in these areas. The local education agency provides training for all surrogate parents.
In order to effectively represent the student the surrogate parent must be familiar with the educational system in which the student is enrolled or may enroll.

33. Surrogate Parent Criteria
Be readily accessible to the student;
Have no conflicting or vested interest.
Surrogate parents are acting as the parent for educational decision making for a student so the surrogate parent must be readily accessible to the student and the local education agency.
According to Ky Regulations for Exceptional Children a surrogate parent can not be an employee of the Ky Dept. of Education, the local Education Agency, or any other public agency that is involved in the education or care of the child. The surrogate parent may not have an interest that conflicts with the interests of the child.

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.
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.
The ARC membership includes the parent of the child, a regular education teacher, a special education teacher, and a representative of the local education agency who is qualified to provide, or supervise the provision of specially designed instruction. This representative is called the ARC chairperson.
The ARC also includes an individual who can interpret the instructional implications of evaluation results. The special education teacher may fulfill this role. Related services providers such as the OT, PT, SLP as appropriate may be a member of the ARC.
Anyone who has knowledge or special expertise regarding the child may be invited to be a member of the ARC at the discretion of the parent or the local education agency.
The student is always a member of the ARC when he or she turns 14, however if appropriate the student may be part of his ARC at an earlier age.
For preschool children who are or have been in other early childhood programs, a representative of the early childhood programs is a member of the ARC.

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
ARC Membership must include:
The Parent of the child
Child or youth when appropriate
Regular education teacher of the child or youth to provide information about the general curriculum for same aged peers
Special education teacher who is knowledgeable of the disability
District representative who is qualified to provide, or supervise the provision of specially designed instruction and is knowledgeable about the general curriculum and the availability of the resources of the district
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.
Disseminate a copy of the Kentucky Procedural Safeguards Notice (Parents’ Rights). Go over the document to clarify and answer questions. Talk specifically the importance of positive communication strategies. Talk about the positive aspects of the Mediation process if the district and parent reach a disagreement that cannot be resolved.
Disseminate copies of the Kentucky Mediation Handbook and brochure.

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 member’s 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.
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.
An assistive technology device may be any item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability.
According to IDEA 97 each ARC must discuss whether or not the student with a disability needs assistive technology services.

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.
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.
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.
Free Appropriate Public Education (FAPE) –special education and related services that are provided at public expenses, under public supervision and direction, and without charge.
FAPE special education and related services are provided in conformity with an Individual Education Plan, and include preschool, elementary school, or secondary school education.

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.
Specially-Designed Instruction – 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.
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.
It includes speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, early identification and assessment of disabilities in children, counseling services including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also means school health services, social work services in school, and parent counseling and training.
“Related Services are those additional services that a student with a disability may need to benefit from specially designed instruction. Related services may include, but are not limited to the following: transportation, medical evaluations, speech therapy, school health services, OT, PT, parent counseling and training, rehabilitation counseling, assistive technology and services, and recreation services.

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.
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.
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
You will be given a written notice each time the school district proposes or refuses to initiate, continue, or change the identification, evaluation, placement, or provision of a free appropriate public education for your child. We commonly call this notice the “conference summary.”
This means you will be given a written notice:
When the child has been referred for special for special education services
Each time the ARC meets
Anytime the school plans to evaluate the student
Anytime the school wants to initiate, continue or change the special education services for the student.

49. Notice
Anytime the school wants to initiate, continue or change the special education services for the student.
Notice must be written in a way that the general public can understand and must be in your native language. The school district must use the primary type of communication you use (for example, Braille for parents who may have vision disabilities). If you can not read the notice sent to most parents, the school district must try other ways. For example, school district staff may explain the notice by talking to you, by translating the notice into another language, or by using any way necessary to communicate with you.
Written notices will tell what the school district wants to do and the reasons why the school district wants to do it. Notices will include an explanation of parent’s rights.
You will receive a written notice each time an Admissions and Release committee is planned. The school district has to make sure you have a chance to attend all ARC meetings. This means the school district must tell you about the meeting early enough for you to attend. Also the school district must set the meeting at a time and place that is agreeable to you and the school staff. If you are not able to attend a meeting, you may take part by telephone, or by sending written information.
ARC meetings may be held even if you cannot attend the meetings or take part in other ways. But, the school districts has to show it tried to make arrangements for you to attend.
If you are unable to attend the ARC the school district will receive a notice describing any actions that the ARC decided on and any actions considered but decided against.

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
There are 14 categories of disability in Kentucky. Kentucky’s Disability categories include:
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
Activity 1: Ask the participants to pair together to match the disability categories with the definitions of those categories. To close the activity, ask, “Which category does a student age out of?” (developmental disability) “Which disabilities must the student have a below average cognitive ability or IQ?” (mild mental disability, moderate mental disability) “Which category does ADHD fall under?” (Other Health Impairment)

52. The Process
It is important as a surrogate parent to understand the process of how a student with a disability is identified as eligible for special education services.

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
there are extensive written policies and procedures for implementing special education programs. Today, we’ll talk about the basic due process procedures. As you discovered in the activity, I divided the procedures into eight steps:
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 child’s current needs, functioning levels, strengths and areas of concern.
Attend academic conferences etc.
Receive on-going communication about the child’s 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 child’s 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
When parents, school staff, or friends notice that a child might need special help in school, they should give that information in writing to the school system. This is known as a referral.
If a parent or individual not employed by the school district wants to refer a child or youth, the school district must provide assistance to make sure the written referral is completed and given to the school. An important part of the process for referral is the attempt at intervention to address the need that the child has. The referral information must show that the child did not respond to interventions tried. This ‘response to intervention’ is especially important when addressing reading difficulties. Interventions for reading must be research-based and reflect the four components of reading. Our school’s Individual Assistance Team (IAT) plays an instrumental part in the completion of referral and intervention documentation. If you have questions regarding effective intervention strategies, contact our IAT members.
When the school receives a referral, the process starts. The parent will be notified in writing that a referral on their child was received. The notice will tell them the reasons the referral was made and will ask them to attend an ARC meeting to discuss the referral. The ARC, with the parent as a member, will determine if enough information is available to begin a full and individual evaluation. If the referral information is complete, the ARC will decide if there is a need for a full and individual evaluation of the child. If the referral information is not complete or does not support a suspected disability and the need for a full and individual evaluation, the ARC records the basis for the decision.
The school district must have the parent or guardian’s written permission (consent) before the child can be individually evaluated. Written permission is required by federal and state regulations.
The total amount of time from the date of the signed written permission until the date services are initiated, excluding the number of days the district is waiting for parental decisions, shall not exceed sixty school days according to state regulations.

57. Special Education Due Process Procedures
Step 2: Evaluation
A process of gathering information about the child’s educational needs and abilities through individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales
Once written permission from the parent is obtained, a team of people who work with the child will evaluate the child’s abilities and needs. They will use tests and procedures such as individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales. All of these individual tests and procedures are used to be certain that the evaluation is valid.
The law says:
The child or youth will be individually evaluated at no cost to the parent.
The full and individual evaluation must be done by a team or group of people who are trained to give the tests and procedures and interpret the results. This is called a multidisciplinary team evaluation.
At least one of the people on the multidisciplinary team must have knowledge in the area of the disability the child is suspected to have.
Several different tests and procedures are to be used, not just one. Eligibility for specially designed instruction and related services cannot be based on a single test or procedure.
All tests must be given in the language a child uses and in a way that the child can best answer. This is called non-discriminatory testing.
When the evaluation is completed, the parent is invited to an ARC meeting to discuss the results of the evaluation.

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
When determining eligibility for specially designed instruction and related services, the ARC must include someone knowledgeable about the evaluation procedures and results. The ARC will use the full and individual evaluation results to determine if the child has a disability. The ARC will use the evaluation results to determine if the disability adversely affects (has a negative impact on) the educational performance of the child to the extent that the child needs specially designed instruction and related services in order to receive a free appropriate public education.
If the ARC, using the results of the evaluation decides the child is not eligible for specially designed instruction and related services, the parent is given a written explanation of the decision. If the ARC decides the child is eligible for specially designed instruction and related services, the parent also receives a written explanation and the ARC develops a written Individual Education Program (IEP) for the child.

59. Special Education Due Process Procedures
Step 4: Individual Education Program Planning
Writing an Individual Education Program (IEP) for the child
After the ARC has decided that the child has an educational disability and needs specially designed instruction and related services, the ARC develops a written Individual Education Program (IEP) for the child.
The ARC may review the evaluation material, determine eligibility, develop the IEP, and determine where the child will receive services at one meeting. Sometimes it’s necessary to have a separate meeting to develop and plan the IEP and determine placement. In these cases, the IEP must be developed no later than 30 calendar days after the ARC meeting when eligibility is determined.
An IEP is written especially for the child. The IEP is a written, individualized plan of action describing the specially designed instruction and related services needed to meet the individual needs of the child. The IEP tells about the child’s needs and includes the services that will be provided to meet those needs.
Federal and state laws and regulations say the IEP must include information about:
What the child can and cannot do in the areas of: physical functioning, communication functioning, social competence, academic performance, recreation and leisure functioning, and transition to postsecondary environments
What the child is going to be working on during the coming year (annual goals and benchmarks or objectives)
What the school is going to do to make sure the child receives what is needed - specially designed instruction, supplemental aides and services, and program modifications (If the ARC determines that the child needs adult assistance in addition to the teacher, this would be documented in the IEP under Supplemental Aides and Services).
How much of the school day the child will be in classes and activities with children who have disabilities
When services will start and how long they will last
How the school will find out if the child is or is not making progress and how this will be measured
When the school is going to check on the child’s progress

60. Postsecondary goals and transition services begin by age 16
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).
A transition plan which includes a statement of your child’s transition needs regarding postsecondary options must be developed no later than age 14. This statement must focus on the child’s course of study. The Admissions and Release Committee with the parents, and the student as members will develop the transition plan based on results of a current evaluation which includes assessments of vocational functioning. The child must be invited to participate in the ARC at this time. If the student does not attend, the school district will take other steps such as interviewing the student prior to the ARC to ensure that the preferences and interests of the youth are considered.
Beginning with the IEP to be in place when the child is 16, the ARC will document the child’s postsecondary goals as determined by transition assessments. The ARC will then determine the transition services needed by the youth to meet the postsecondary goals.
Transition services will depend on the student abilities, needs, interest, and preferences. This means transition services will be individualized for each student needing services.

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
After the IEP is written, the ARC will decide where the services will be provided. This is called placement. The child has a right to receive instruction and to take part in school activities in the least restrictive environment (LRE). This means that, as much as possible, the child has a right to be with children who do not have educational disabilities.
The ARC will consider what is the least restrictive environment for the child based on the child’s IEP. Remember, the least restrictive environment is not the same for every child. The key questions in determining the least restrictive environment are:
What does the IEP say the child needs?
Where can the child receive what the IEP says he or she needs?
Where can the child receive what the IEP says and be with other children who do not have educational disabilities?
The ARC must always consider regular education classes in a regular school as the first option for placement. Where the child receives services depends on the kind of support the child needs.
The school district must obtain written permission (consent) from the parent or guardian before the child receives the IEP’s services.

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
Once the parent or guardian has given permission for placement, the child will begin to receive the specially designed instruction and related services based on the IEP. The implementers of the IEP are responsible for providing instructional activities to help the child achieve the goals of the IEP. Implementers are also responsible for keeping records on how the child is doing during the year. These records are used to make decisions at the annual ARC review meeting. These records show that services were provided and how the child did.

63. Special Education Due Process Procedures
Step 7: Review
Reviewing the child’s IEP and the services being provided; and making needed changes in the IEP or placement to meet the child’s identified needs
Federal and state regulations require the ARC to review the child’s IEP within one calendar year of the date of the ARC meeting when the current IEP was completed. This review is the annual review.
Even though an ARC meeting must be held at least once a year to review the child’s IEP and placement, a review may be requested by the parent or any member of the ARC at any time.
At the annual review, the ARC reviews the child’s IEP and records kept by school staff and service providers to decide if goals have been met. The ARC also decides if the child still needs specially designed instruction and related services. If services are still needed, the ARC develops a revised IEP and decides where services will be provided. The ARC provides the parent or guardian with a written notice of all the decisions made at the ARC meeting.

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
Regulations also require the school district to re-evaluate the child on or before the third anniversary of the meeting when the ARC determined the child eligible. This review is the triennial review. The ARC must meet with the parent or guardian to plan for this re-evaluation. Written permission is again obtained from the parent or guardian.

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
Talk with the student’s teacher, principal, and director of special education.
Request an ARC meeting.
Meet with the superintendent of schools
Request a mediator
There may be time when the surrogate parent and school district staff do not agree even though you try to come up with a solution together. If this happens, you may want to follow these steps.
Talk with the student’s teacher, principal, and director of special education about your concerns.
Request an ARC meeting. Be prepared to state your concerns in specific terms.
If the problem still is not solved, you may request a meeting with the superintendent of schools to discuss the concerns.
If the problem is not resolved, request a mediator, assigned by the Kentucky Department of Education. In order for a mediator to be assigned, both parties must sign the request.
All of these steps are recommended, however they are optional.

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
If the issue cannot be resolved locally, there are other avenues you may take.
A process which is available for investigation of a possible violation of federal or state law is the formal complaint. To make a formal complaint, a written and signed statement must be sent to the KDE, Division of Exceptional children Services. The statement must include a description of the possible violation and the facts supporting the complaint.
If the previous steps are not successful in resolving the disagreement, the parent may write to the Kentucky Department of Education, Division of Exceptional children Services and request a due process hearing. The parent can request a due process hearing without going through the previous options. The hearing must be conducted and the hearing officer’s decision mailed to both parties.
If you are not satisfied after receiving the hearing officer’s decision, you may appeal to the KDE, Exceptional children Appeals Board, for review of the hearing officer’s decision. The request for appeal must be submitted in writing, by certified mail, to the Kentucky Department of Education Division of Exceptional children Services.
Should you not be satisfied after the appeal process, you may prepare a civil suit. With legal advice you may pursue action through the court system.
During the time you and the school district are trying to settle a disagreement, your student will stay in his or her current educational placement unless you and the school district agree otherwise. If the disagreement is about your child going to school for the first time, then your child will remain in a public school regular education program until the disagreements is settled.

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
Child’s 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.
You have the right to attend all ARC meetings about your student.
You may request an ARC meeting about your child more frequently than once a year.
The school district must have your written permission before your student 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.
Parent’s signature is not required on the IEP. However parent input is needed.
The school district must have your written permission before your student can begin a placement to receive specially designed instruction and related services.
Parent’s signature is not required on the IEP. However parent input is needed.

73. Questions ?

74. Acknowledgements Materials developed by CKSEC, Marti Ginter
“Your Child’s Education,” a document prepared by KDE
Materials developed by Upper Cumberland Educational Cooperative