In order to meet the needs of the federal and state mandates, the Desert/Mountain SELPA staff supports the utilization of surrogate parents. LEA staff will provide training for surrogate parent nominees. Individual LEAs will determine which students 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 special education students, 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 student. For example, the volunteer cannot be employed by any LEA or hold a position that might restrict or bias his/her ability to make decisions regarding the student’s educational needs. Once the prospective surrogate has gained sufficient knowledge, the LEA is free to appoint the parent to serve as a surrogate for students with exceptional needs within that LEA. The surrogate parent may represent the student in matters relating to: identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in all other matters relating to the provision of a free appropriate public education for the student. Procedural Safeguards The law requires that LEAs establish procedures to protect the rights of individuals with exceptional needs and their parents or guardians. These procedures are called procedural safeguards. Parents have a right to receive a written copy of the Desert/Mountain SELPA procedural safeguards (D/M 77). These are provided 1) when the student is being referred for an evaluation for special education services for the first time; 2) when a written notice of an IEP meeting is sent to the parent; 3) before the student is reassessed; 4) when the parent registers a complaint or requests for a mediation or hearing with the California Department of Education (CDE); 5) when a decision is made to remove a child in a change of placement because of a violation of a code of student conduct; or 6) anytime they are requested by the parent. Parents are afforded these rights through the processes of assessment, as well as under the design and implementation of their child’s IEP. Definitions of terms used in the document are included in order to assist parents with further understanding of their rights. The written copy of the parents’ rights is provided in the parent’s native language, unless it is clearly not feasible, or in their primary mode of communication, if their language is not written. A complete copy of the Desert/Mountain SELPA 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 district special education office, SELPA and SELPA website. Age of Majority 34 C.F.R. 300.520; E.C. 56041.5 . When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local education agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to the parent under this part
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
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As of 03/15/2013
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