PROVIDING EDUCATIONAL SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES ACT ( IDEA )
- 707 KAR 1:280 Definitions
- 707 KAR 1:290 Free appropriate public education
- 707 KAR 1:310 Determination of eligibility
- 707 KAR 1:320 Individual education program
- 707 KAR 1:340 Procedural safeguards and state complaint procedures
Over 50% of children in the custody of the Cabinet are receiving special education services under the Individuals with Disabilities Education Act (IDEA) and have an Individualized Education Program (IEP). It is crucial that Department staff understand the eligibility requirements and the evaluation process for children to receive special education services, and the department’s role in making educational decisions when children qualify for services under the Individuals with Disabilities Education Act.
1.The SSW may not make educational decisions or serve as a surrogate parent for a child in the custody of the Cabinetthat qualifies for IDEA. Under IDEA, parental consent isrequested by the schoolprior to:
(a)Conducting an initial evaluation;
(b)Initial provision of special education and related services; and
2.The local education agency (LEA) must assign a person to act as a surrogate parent for a child when:
(a)No parent can be identified;
(b)After reasonable efforts, the whereabouts of a parent cannot be discovered; or
(c)Parental rights are terminated.
3.To ensure that a child’s educational needs are not disrupted while the child is placed in out of home care, the SSW may, during the initial case planning conference recommends to the birth parent(s) that the resource parent be approved to co-serve as a surrogate parentwith respect to educational decisions (i.e. Admissions and Release Committee (ARC) meetings and decisions regarding the child’s IEP) in the event that the birth parent cannot attend meetings.
4.The SSW explains that the birth parent must grant permission in writing for the resource parent to make educational decisions on the parent’s behalf.
5.If the birth parent agrees to allow theresource parent to co-serve as parent in regards to educational decisions on behalf of the child, the birth parent:
(a)Completes and signs the DPP-330-Educational Advocacy Request Form stating his/her intentions to grant the Resource Parent the ability to make educational decisions at the Five Day Case Planning Conference; and
(b)Has the ability to rescind the DPP-330 at any point he/she chooses; and
6.The SSW informs the birth parent that signing the DPP-330 does not negate the birth parent’s status as the primary authority to make, change or alter educational decisions.
(Note: Whenever the birth parent and Resource Parent attend an educational meeting together, the birth parent remains the primary authority to make educational decisions on behalf of the child.)
7.The status of the DPP-330 will be reassessed at each case planning conference.
8.If the SSW is unable to locate the birth parent(s), or the parent(s) do not attend the initial case planning conference, the SSW:
(a)Presents the option to the birth parent to complete the DPP-330 as quickly after this date as possible; or
(b)the SSW may request the court assign the child’s resource parent as the child’s educational surrogate.
9.The SSW or Resource Parent provides a completed copy of the DPP-330 to school personnel once the form is completed by the birth parent.
10.Although the SSW may not make educational decisions for a child, it is recommended that the SSW:
(a)Attend or be included in the Admissions and Release Committee (ARC) meeting for the purpose of facilitating the provision of services identified by ARC members to meet the child’s educational needs. ARC members include Birth Parents, Surrogate Parents (when applicable), School Principal, General Education Teacher, Special Education Teacher, Special Education Facilitator, Speech Pathologist, Guidance Counselor, and other evaluators as required;
(b)Request notification when changes or modifications are made in the child’s Individualized Educational Program (IEP);
(c)Obtain a copy of the child’s IEP developed during the ARC meeting; and
(d)Retain a copy of the IEP in the child’s case record.