Surrogate and Foster Parents

Residential Facility Monitoring

TETN PresentationMarch 26, 2008

Angel G. Consent Decree Recognizes that students with disabilities

residing in residential facilities (RF) are a unique and vulnerable population in that they are often separated from their parents/guardians and have little access to family members who can advocate for the educational services they require.

Given the absence of involved family members, there is a need to protect the educational rights of these students through a monitoring system designed to address their unique circumstances.

IDEA

Requires that local educational agencies (LEA) involve parents in decisions regarding their child’s needs.

Definition of Parent34 Code of Federal Regulations (CFR) 300.30

1. A biological or adoptive parent of a child;

2. A foster parent;

3. 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);

4. An individual acting in the place of a biological or adoptive parent with whom the child lives, or an individual who is legally responsible for child’s welfare; or

5. A surrogate parent who has been appointed.

When is a surrogate parent needed? 34 CFR 300.519

1. No parent can be identified

2. Parent cannot be located after reasonable efforts by the LEA

3. The child is a ward of the State

4. The child is an unaccompanied homeless youth

Ward of the State

A child who is in the custody of the State, overseen by a public child welfare agency.

DFPS is temporary or permanent managing conservator of the child.

Caution: Adult Students

A student who is 18 years or more of age.

Does not need a surrogate parent.

What RF Monitoring is looking for…

Does the local education agency (LEA) have a method for analyzing whether a child needs a surrogate parent?

Has the LEA made the appropriate determination regarding whether a surrogate parent should be appointed to a student?

Who can be a surrogate parent?

An individual who is not an employee of

The Texas Education Agency;

The LEA; or

Any other agency that is involved in the education or care of the child.

RF employees cannot serve as the surrogate parent for students

residing within that RF

As of October 13, 2006, LEAs no longer had the option to select as a surrogate parent a person who was an employee of a nonpublic agency that provided only non-educational care for the child.

IDEA 2004 eliminated this option “to ensure that surrogates do not have interests that conflict with the interest of the child.”

Who can be a surrogate parent?

An individual who has no personal or professional interest that conflicts with the interest of the child he or she represents;

and

The individual has knowledge and skills that ensure adequate representation of the child.

What RF Monitoring is looking for…

The LEA has developed and implemented procedures for conducting an analysis of whether a potential surrogate parent has a personal or professional interest that conflicts with the interests of the child.

The LEA has appointed surrogate parents who meet the qualifications as stated in the law and regulations.

There’s always a “but”…

If an LEA chooses to compensate a person for serving as a surrogate parent (e.g., reimbursement of travel cost, etc.), the surrogate parent is NOT considered to be an employee of the LEA solely for this reason.

There’s always a “but”…

In the case of a child who is an unaccompanied homeless youth---

Appropriate staff of emergency shelters, transitional shelters, etc., may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all of the requirements of

34 CFR 300.519(d).

Timing for Assignment of SurrogateParent

34 CFR 300.519(h)

A surrogate parent must be assigned within 30 days after determination that the student needs one.

Regardless of the 30 day requirement, if a surrogate parent is needed to represent the student before that timeline, one must be assigned.

The Role and Responsibilities of a Surrogate Parent

Texas Education Code (TEC) 29.001(10)

Complete a training program within 90 days of accepting the assignment of surrogate parent;

Visit the child and the child’s school;

Consult with persons involved in the child’s education, including teachers, caseworkers, caretakers, etc.

The Role and Responsibilities of a Surrogate Parent (con’t) Texas Education Code (TEC) 29.001(10)

Review the child’s educational records;

Attend meetings of the child’s ARD committee;

Exercise independent judgment in pursuing the child’s interests; and

Exercise the child’s due process rights under applicable state and federal law.

Training Program for Surrogate Parents

19 Texas Administrative Code (TAC) 89.1047(a)

Explanation of the provisions of federal and state laws, rules, and regulations relating to: Identification of a student with a disability;

Collection of evaluation and re-evaluation data;

The ARD process;

Development of an IEP, including consideration of transition services for a student who is at least 16 years of age;

Training Program for Surrogate Parents (con’t) 19 Texas Administrative Code (TAC) 89.1047(a)

The determination of LRE;

The implementation of an IEP;

The procedural rights and safeguards for parents and students with a disability; and

Sources that the surrogate parent may contact to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations.

What RF Monitoring is looking for…

The LEA has assigned a surrogate parent within 30 days OR sooner, if needed to represent the child.

The LEA has trained all surrogate parents within 90 days of assignment.

The training met all requirements of the law, rules, and regulations.

The surrogate parent is fulfilling the responsibilities of the position.

Foster Parent19 Texas Administrative Code (TAC) 89.1047(b)

If a student with a disability has a foster parent, the LEA may:

Assign the foster parent as the student’s parent;

Assign the foster parent as the surrogate parent; OR

Deny the foster parent the right to serve as parent or surrogate parent and assign another individual to serve as the surrogate parent.

When a Foster Parent Can Be the Parent

A foster parent may be considered the parent of the child if :

The child is a ward of the state (DFPS is appointed temporary or permanent managing conservator of the student);

The child has been placed with the foster parent for at least 60 days;

When a Foster Parent Can Be the Parent (con’t)

The foster parent agrees to participate in making educational decisions on the child’s behalf;

The foster parent completes a training program for surrogate parents that complies with minimum standards; and

The foster parent has no interest that conflicts with the child’s interests.

Training for Foster Parents

Foster parents who are to be considered “the child’s parent” must complete the surrogate parent training.

Training may be provided by or through the DFPS, an LEA, an ESC or any entity that receives federal funds to provide IDEA training to parents.

If the child has not lived with the foster parent for 60 days and thus, the foster parent does not qualify to serve as the parent,

he/she may still qualify to be the surrogate parent until the 60 day timeline has been reached.

Denying the Right to Serve as Parent or Surrogate Parent

The LEA must provide the foster parent with written notice: Within 7 calendar days after the date on

which the decision is made;

That specifies the reason(s) the foster parent is being denied the right to serve—must explain the interests of the foster parent that conflict with the interests of the child; and

That also informs the foster parent of his/her right to file a compliant with the TEA.

What RF Monitoring is looking for…

The LEA has developed and implemented procedures for conducting an analysis to determine if the foster parent can represent the child as the parent or the surrogate parent.

Questions/Answers

rfmon@tea.state.tx.us

Future TETN RF Trainings Issues on Least Restrictive Environment

April 21 8:30-9:30

RF Tracker Update for End of Year Reporting

May 13 10:45-11:45

Commensurate School Day

June 18 8:30-9:30