Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
parental consent; access to educational records; opportunity to present complaints to initiate due process hearings; the child’s placement while due process proceedings are pending; procedures for children who are subject to placement in an interim alternative educational setting (IAES); requirements for unilateral placement by parents of children in private schools at public expense; mediation; due process hearings; state-level appeals; civil action; attorney's fees; and the state's complaint procedure ( Title 20 of the United States Code § 1415(d)(2); Title 34 of the Code of Federal Regulations § 300.504 ). A complete copy of the DMCS Notice to Parent/Guardian/Surrogate regarding parental procedural safeguards is available in both English and Spanish (D/M 77 and D/M 77s) and is available through the DMCS office and website.
2.1
Surrogate Parents Federal Regulation, Title 34 of the Code of Federal Regulations § 300.519 , and Education Code § 56050 , mandate the appointment of a surrogate parent to ensure the educational rights of a child with a disability when 1) no parent can be identified; 2) after reasonable efforts, the parents’ whereabouts cannot be determined; 3) the child is a ward of the court and that court has limited the rights of the parents or guardian to make educational decisions regarding the child; or 4) the child is an unaccompanied homeless youth. The surrogate parent shall act as the child’s parent and have all rights as delineated in federal and state law. In order to meet the needs of the federal and state mandates, the DMCS staff supports the utilization of surrogate parents. Charter LEA staff will provide training for surrogate parent nominees. Individual Charter LEAs will determine which children require the services of a surrogate parent; nominate surrogate parent volunteers; determine if the surrogate parent has sufficient knowledge of the educational process as it relates to children with disabilities; appoint the surrogate parent once they’ve been determined to be knowledgeable; supervise the surrogate parent; and then evaluate the surrogate parent annually. To be eligible, it must be established that the volunteer has no interest that would conflict with the interest of the child. For example, the volunteer cannot be employed by the Charter LEA or hold a position that might restrict or bias his/her ability to make decisions regarding the child’s educational needs. Once the prospective surrogate has gained sufficient knowledge, the Charter LEA is free to appoint the parent to serve as a surrogate for a child with a disability within that Charter LEA. The surrogate parent may represent the child in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the IEP, and in all other matters relating to the provision of free appropriate public education (FAPE) for the child.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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