EDUCATIONAL SURROGATE TRAINING Special Education 101

1. Individuals with Disabilities Education Act (IDEA) EDUCATIONAL SURROGATE TRAININGSpecial Education 101 Missouri Departmentof Elementary and Secondary Education 2018

2. Individuals with Disabilities Education Act (IDEA) • The Individuals with Disabilities Education Act (IDEA) is a federal law that requires schools to serve the educational needs of students with disabilities. The law ensures a free appropriate public education (FAPE) for students with disabilities in all fifty states and US Territories. • IDEA requires states to ensure the rights of a student are protected by providing an educational surrogate under certain conditions to represent the parent or guardian. 34 CFR § 300.519

3. Key Principles in IDEA • Procedural Safeguards • Free Appropriate Public Education (FAPE) • Appropriate Evaluation • Individualized Education Program (IEP) • Least Restrictive Environment (LRE) • Parent Participation

4. Part C – First Steps (Ages Birth-3)Part B (Ages 3-21) In Missouri, infants and toddlers, birth to age three (3) are served through the First Steps program; and children ages 3 to 21 are served under Part B of IDEA.

5. Why does a student need an educational surrogate? • The State Board of Education through the Office of Special Education (OSE) shall appoint a person to act as an educational surrogate for the student or guardian of a student with a disability as defined in Missouri statute, Section 162.675, RSMo. • Any person may advise a responsible public agency that a student with a disability within its jurisdiction may be in need of a person to act as an educational surrogate. Notice can be given to the public agency responsible for providing education to students with disabilities or directly to the OSE. • When the student has no identified parent; • The student has parents who, after reasonable efforts, cannot be located by a public agency; • The student is a ward of the state and is living in a facility or group home (and not with a person acting as a parent); or • The student is an unaccompanied homeless youth.

6. Definition of a Parent • Parent: The term "parent" means a natural, adoptive, or foster parent of a child or a guardian generally 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 natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; • an individual who is legally responsible for the child’s welfare; or • an educational surrogate who has been appointed. 34 CFR § 300.30

7. Qualifications of a Surrogate • 18 years of age • Be free from any personal or professional interest that may be a conflict of interest • Not an employee of DESE, responsible public agency or any other agency that is paying for some or all of the services the student needs. • Completed the required training provided by DESE • Have knowledge and skills that ensure adequate representation of the student

8. Additional Information • The educational surrogate shall be evaluated annually • If an educational surrogate dies, resigns, or is removed, DESE shall appoint a successor educational surrogate

9. The Missouri Department of Elementary and Secondary Education (DESE) makes sure the First Steps program follows Part C of the Individuals with Disabilities Education Act (IDEA), the law that allows for all eligible children to receive early intervention services regardless of race, culture, religion, or ability to pay. DESE contracts with 10 System Point of Entry (SPOE) agencies to operate the First Steps program from regional offices.

10. Key Features of Part B and Part C of Individuals with Disabilities Education Act(IDEA)

11. Key Features of Part B and Part C of Individuals with Disabilities Education Act(IDEA)

12. Key Features of Part B and Part C of Individuals with Disabilities Education Act(IDEA)

13. Key Features of Part B and Part C of Individuals with Disabilities Education Act(IDEA)

14. What rights do I and the child have? https://dese.mo.gov/special-education/compliance/parent-information

15. FAPE • FAPE means: • at public expense under public supervision • at no cost to parents • meeting state standards • provided according to a written Individualized Education Program (IEP) • applies to preschool through high school, ages 3 -21 • FAPE ensures that the child with a disability will receive a public education that includes the services outlined in his or her IEP

16. Eligibility Categories Under IDEA • Autism • Deaf-blindness • Deafness • Developmental delay • Emotional disturbance • Hearing impairment • Intellectual disability • Multiple disabilities • Orthopedic impairment • Other health impairment • Specific learning disability • Speech or language impairment • Traumatic brain injury • Visual impairment, including blindness

17. You have the right to…receive prior written notice • When the school district proposes to initiate or change the identification, evaluation, or educational placement of the child • When the school district proposes to initiate or change the provision of FAPE to the child • When the school district refuses to initiate or change the identification, evaluation, or educational placement of the child • When the school district refuses to initiate or change the provision of FAPE to the child

18. You have the right to…provide consent • When the school district is proposing to conduct an initial evaluation to determine if the child is a child with a disability and needs special education services • When the school district is proposing to provide initial special education and related services for the child • When the school district is proposing to conduct any reevaluation with testing of a child with a disability. • The consent is obtained when the school district provides Prior Written Notice of Action.

19. What if you don’t give consent? • An initial evaluation cannot be conducted without educational surrogate consent • A reevaluation with testing requires educational surrogate consent or the reevaluation resolved by using dispute resolution by using various procedures to resolve the dispute such as mediation, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to the child’s reevaluation

20. What if you don’t give consent? • The school district cannot provide special education or related services for the first time without your consent • You may revoke consent in writing after the child has begun to receive services

21. If eligible, the child has a right to an IEP based on their unique needs • IEP meeting within 30 days of initial eligibility determination • Purpose of an IEP • Set goals and services • Services in the Least Restrictive Environment (LRE) • Who, What and When an IEP is Developed • Notification to the educational surrogate of the meeting includes when, where and who will be there • Right of educational surrogate to invite others who have knowledge or special expertise regarding the child • Student Involvement • Yes! IDEA requires a student to be invited to the meeting when postsecondary transition is discussed

22. You have the right to… participate in eligibility and IEP meetings to represent the child’s interests • Regarding whether the child is a child with a disability and eligible to receive special education and related services • Regarding provision of a Free and Appropriate Public Education (FAPE) for the child • Regarding development, review or revision of IEP • Regarding a decision related to educational placement

23. What is a least restrictive environment? • Students with a disability should have every opportunity to be educated with non-disabled peers

24. The Right to Review Educational Records A student’s educational record is one that contains information directly related to a student and is maintained by an educational agency, institution or a party acting for the agency or institution. Family Educational Rights and Privacy Act (FERPA)

25. The Right to Obtain an Independent Evaluation Educational (IEE) • Who pays for the IEE? • What else should a educational surrogate know about IEEs? • Where are IEEs in IDEA’s regulations? • https://www.gpo.gov/fdsys/pkg/CFR-2016-title34-vol2/pdf/CFR-2016-title34-vol2-sec300-502.pdf

26. The Right to Disagree with Decisions Made by the School District • the identification of the child as a “child with a disability” • the child’s evaluation • the child’s educational placement • the special education and related services that the school provides to the child

27. The Right to Use Mechanisms for Resolving Disputes • Informal Approaches • IEP review • Facilitated IEP meeting • Mediation • Formal Approaches • Filing a state complaint • Due process

28. Responsibilities • Have the same right to all information and records regarding the student • Shall be immune from liability for any civil damage arising from any act or omission in representing the student in educational decisions • Be reimbursed for all reasonable and necessary expenses excluding attorney fees or child care/babysitting expenses

29. Instructions for Step 2 • Click the link below to complete the quiz. You will be emailed detailed next steps when you receive 100% on the quiz. The quiz can be taken as many times as needed. Educational Surrogate Training Link https://nau.co1.qualtrics.com/jfe/form/SV_5ANepYTFAw8JcFf

30. Resources • Procedural Safeguards Part B - https://dese.mo.gov/special-education/compliance/procedural-safeguards • Dispute Resolution - https://dese.mo.gov/special-education/compliance/due-processchild-complaint/complaint-procedures • First Steps Parent Rights - https://dese.mo.gov/sites/default/files/se-fs-parental-rights-statement.pdf • Parent Center Hub - https://www.parentcenterhub.org/

31. Contact Us Office of Special Education, Compliance secompliance@dese.mo.gov 573-751-0699 • The Department of Elementary and Secondary Education does not discriminate on the basis of race, color, religion, gender, national origin, age, or disability in its programs and activities. Inquiries related to Department programs and to the location of services, activities, and facilities that are accessible by persons with disabilities may be directed to the Jefferson State Office Building, Office of the General Counsel, Coordinator – Civil Rights Compliance (Title VI/Title IX/504/ADA/Age Act), 6th Floor, 205 Jefferson Street, P.O. Box 480, Jefferson City, MO 65102-0480; telephone number 573-526-4757 or TTY 800-735-2966; email civilrights@dese.mo.gov.