Office of Special Education

Special Education Procedures

Updated July 1, 2013

PARENT RIGHTS IN SPECIAL EDUCATION

The reauthorization of the Individuals with Disabilities Education Improvement Act of 2004, retained important
procedures which Horry County Schools must use when evaluating eligibility for special education services,
when developing or changing a childs Individualized Education Program (IEP), or when attempting to resolve
serious disputes regarding special education issues. These procedures are sometimes referred to as
procedural safeguards or parent rights. The procedural safeguards specified in the IDEA were primarily
designed to help Horry County Schools and parents work together to develop effective educational programs
for children with disabilities.
This procedure provides information to assist in ensuring that parents and students receive their rights as
established in the IDEA-2004. The following topics will be discussed:

Parent Participation
Definition of Parent
Surrogate Parents
Parent Rights in Special Education Notice

Parent Participation
To address the requirement to strengthen the role of parents in the special education process, Congress
mandated that Horry County Schools afford parents the opportunity to be members of any decision-making
team for their child, including eligibility, initial evaluation and reevaluation, and development of an IEP for the
provision of a FAPE. Horry County Schools are to ensure that parents have the opportunity to be members of
the IEP team that makes decisions on the educational placement of their child. Although logistically this
increased involvement of parents may present challenges in arranging convenient meeting times, it should
result in decisions that are individualized to meet the unique needs of students and in the development of a
closer, more collaborative relationship with parents. Additionally, parents have a responsibility to participate
and provide their input into their childs education (34 CFR 300.501(b) and (c)).
Every child with a disability aged 3 to 21 is entitled to receive a FAPE. Parent rights are intended to ensure
that children receive a FAPE. A FAPE is defined as special education and related services that meet the
following criteria:

Are provided at public expense, under public supervision and direction, and without charge;
Meet the standards of the state, including the requirements of this part;
Include an appropriate preschool, elementary school, or secondary school education in the state; and
Are provided in conformity with an IEP that meets the requirements of 34 CFR 300.320 through
300.324. (34.CFR 300.117)

Parents must be provided notice of meetings related to eligibility, evaluation, reevaluation, IEP development,
provision of a FAPE for their child and educational placement decisions, to ensure that they have the
opportunity to participate in the meetings. The notice requirements are the same as for notice of an IEP
meeting (34 CFR 300.501(b)(2); 34 CFR 300.322(a)(b)(1)).
Horry County Schools must make reasonable efforts to ensure that the parents understand, and have the
opportunity to participate in these meetings, including arranging for an interpreter for parents with deafness, or
for parents whose native language is other than English. The parent and Horry County Schools may agree to
use alternative means of meeting participation, such as video conferences or conference calls (34 CFR
300.322(e)).

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These meeting requirements do not apply to informal or unscheduled conversation of Horry County Schools
personnel on issues such as teaching methodology, lesson plans, or coordination of service provision. A
meeting also does not include preparatory activities that public agency personnel engage in to develop a
proposal or response to a parent proposal that will be discussed at a later meeting (34 CFR 300.501(b)(3)).
Definition of Parent
Horry County Schools personnel must determine the appropriate person(s) to make educational decisions on
behalf of the child. Those individuals have a right to receive notice, give or revoke consent, file formal
complaints, request mediation, file for a due process hearing, give or deny permission for release of records,
etc.
In South Carolina parent is defined as a person who legally has the care and management of a child. (S.C.
Code Ann. 63-1-40 (2010))
According to the IDEA, a parent is defined as:
a) Parent means
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless state law, regulations, or contractual obligations with a State or local entity
prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as the childs 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 (including a grandparent,
stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for
the childs welfare; or
(5) A surrogate parent who has been appointed in accordance with 34 CFR 300.519 of the IDEA.
If there is more than one party qualified to act as parent and the biological or adoptive parent attempts to act
as the parent, the biological or adoptive parent must be presumed to be the parent and legal decision-makers
unless the biological or adoptive parent does not have legal authority to make educational decisions for the
child. A judge may decree or order a person acting as a parent or legal guardian to act as the parent to
make educational decisions about the child. Horry County Schools must recognize this person(s) as the legal
decision maker for the child. (34 CFR 300.30 (b))
Surrogate Parents
Horry County Schools must assign an individual to act as a surrogate parent when:

No parent (as defined above) can be identified;

Horry County Schools, after reasonable efforts, cannot locate a parent;
The child is a ward of the state under the laws of that state; or
The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(6)).

1. Identifying Need for Surrogate Parent

Upon enrollment or at any other time school personnel suspect that a student with a disability may
require a surrogate parent, the school administrator/designee will contact the school psychologist
who will conduct a file review to:

a.

Confirm that the student meets the criteria above.

i. If no parent, as defined above, can be identified and/or the parent, as defined above, cannot
be located, school personnel will have documented attempts to locate the parent. These

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attempts must include a combination of the following:
correspondence via regular and/or certified mail;
phone calls to the last known phone number, neighbors/relatives, agencies;
home visits to last know address, neighbors/relatives; and,
visits/documentation to/from other agencies.

ii. If the student is a ward of the State (in the custody of DSS) or is a documented
unaccompanied homeless youth, then a surrogate parent will be assigned.

If the student resides with a foster parent, that foster parent may serve as the
students surrogate parent if willing to do so. A students DSS Case Worker can
not serve as the students surrogate parent.

If the student is an unaccompanied homeless youth, appropriate staff of emergency

shelters, transitional shelters, independent living programs, and street outreach
programs may be appointed as temporary surrogate parents without regard to the
selection criteria identified in Requesting and Assigning a Surrogate Parent section
of these procedures. Such a temporary assignment may be made until a surrogate
parent can be appointed that meets all the requirements set forth in that section.

In cases where a parent is unresponsive, lives a great distance from Horry County
Schools, or is incarcerated, Horry County Schools may obtain written authorization
from the parent to appoint a surrogate parent to represent the student after the initial
consent for placement has been obtained. Parent permission for the appointment
of a surrogate parent must be voluntary and explicitly authorized in writing and may
be revoked at any time. The surrogate parent, once appointed, may then represent
the child until such time as the parent revokes authorization.
All
parental
requests for voluntary surrogate parent representation will be made through the
Horry County Schools Office of Special Education.

b. The school psychologist will collaborate with the students case manager in determining the
students need for a surrogate parent.

2. Requesting and Assigning a Surrogate Parent:

a. Upon confirmation of the need for a surrogate parent, the school psychologist will request the
assignment of a surrogate parent by completing Part A of the form, Determination of
Need/Assignment/Certification of a Surrogate Parent (SUR-1). This form will be submitted to
support staff in the Office of Special Education at kritter@horrycountyschools.net

b. Upon receipt of this request, support staff will add the students name to the Student Surrogate
Parent database.

c. Special Education Support Staff will confirm receipt of this form to the requesting school psychologist
via email. If a confirmation email is not received within 48 hours, the requesting school psychologist
should contact kritter@horrycountyschools.net to determine the status of the request.

d. Special Education Support Staff will secure a surrogate parent for the student by consulting the
Surrogate Parent Assignment List and/or emailing each of the trained surrogate parents to
determine his/her availability.

e. Once a surrogate parent is located, Special Education Support Staff will:

complete Part B of the form, Determination of Need/Assignment/Certification of

Surrogate Parent (SUR-1);
ensure that the assigned surrogate has completed Part C of the form, Determination of

Need/Assignment/Certification of Surrogate Parent (SUR-1);

confirm the assignment with the school psychologist or designee; and,
make arrangements for the surrogate parent to review the students school and/or district
special education file and provide them with a copy of the completed form, Determination
of Need/Assignment/Certification of Surrogate Parent (SUR-1);

f. When an IEP/Staffing meeting needs to be scheduled, the case manager special educator will
correspond with the assigned surrogate parent according to the procedures for ensuring parent
participation.

g. Special Education Support Staff will maintain a pool of trained persons qualified to serve as
surrogate parents. Training will be conducted prior to their assignment and thereafter on an as
needed basis.

h. The Special Education Support Staff will ensure that any person selected as a surrogate parent

Has no personal or professional interest that conflicts with the interests of the child.
Has knowledge and skills that ensure adequate representation of the child.
Is capable of becoming thoroughly acquainted with the childs educational needs.
Is capable of understanding the cultural and linguistic background of the child.
Is not an employee of the SCDE, the school district/agency, or any other agency (public or
private) involved in the education of the child.
Is not an employee of the school district/agency solely because he or she is paid to serve as a
surrogate parent.

i. A person otherwise qualified to be a surrogate parent is not considered an employee of Horry

County Schools solely because he or she is paid by the agency to serve as a surrogate parent.

3. Roles and responsibilities of a surrogate parent:

a. Each assigned surrogate parent will represent the student in all matters relating to the students
identification, evaluation, educational placement and provision of a free, appropriate public
education.

b. A surrogate parent is expected to attend/participate in IEP/staffing meetings for the student to

whom they are assigned. Attendance at meetings may be by way of telephone conference call.

c. All rights and responsibilities afforded to parents under the Procedural Safeguards of IDEA are
afforded to the students surrogate parent.

d. Will certify that he or she meets all of the requirements of a surrogate parent and is willing to serve in
this capacity for each assigned student by completing Part C of the form, Determination of
Need/Assignment/Certification of Surrogate Parent (SUR-1).

e. A surrogate parent may be removed when the students parent appears to represent the student or
revokes voluntary consent or when the student is no longer eligible for special education
services.

f. A person serving as a surrogate may resign at any time by submitting this request to the PERS staff.

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Parent Rights in Special Education Notice
To ensure that parents have knowledge about their rights under the federal and state special education
laws, Horry County Schools provides a copy of the Procedural Safeguards Notice: Your Rights as
Parents Regarding Special Education:
a.

At least one time in a school year. This annual notice is provided in September of each school
year. The provision of this notice is documented by the Special Education Case Manger and
documentation is maintained in the Horry County Schools Office of Special Education.

b. Upon a referral or parent request for initial evaluation. To meet this requirement, the school will
provide the parent with a copy of the Procedural Safeguards Notice following the Evaluation
Planning Meeting in which the team determines and an initial evaluation is needed or when the
initial evaluation is requested by the parent. This is documented on the form, Evaluation and
Reevaluation Review Plan (Parcon -14).
c. First formal complaint or due process complaint filed in a school year. Following the receipt of
the first formal complaint or due process complaint filed in a school year, a letter is sent to the
parent containing the Procedural Safeguards Notice. A copy of this letter is maintained in the
complaint file.
d. Upon a disciplinary removal from school that constitutes a change in placement. Following the
Manifestation Determination Review, the parent in given a copy of the Procedural Safeguards
Notice and this is documented in the form, IEP/Staffing Meeting Summary (IEP-10).
e. Upon parent request.
The Procedural Safeguards Notice is written in language understandable to the general public and
provided in the native language of the parent or other mode of communication used by the parent unless
it is clearly not feasible to do so. If the language or mode of communication is not a written language,
Horry County Schools will translate the notice orally or use another mode of communication so that the
parent understands the content of the notice.
Parents may elect to receive the Procedural Safeguards Notice by electronic mail communication (34
CFR 300.503(c)(i-ii); 34 CFR 300.505). If the Procedural Safeguards Notice is provided
electronically, Horry County Schools will have a copy of the email sent to the parent and documentation
that the notice was received. Horry County Schools maintains a current copy of the Procedural
Safeguards Notice on its Internet Web site at www.horrycountyschools.net (34 CFR 300.504(b)).
The Procedural safeguards Notice includes a full explanation of all of the procedural safeguards
available as identified in 34 CFR 300.504(c).
Forms:
Procedural Safeguards
Evaluation/Reevaluation Review Plan (Parcon-14)
IEP/Staffing Meeting Minutes (IEP-10)
Determination of Need/Assignment/Certification of Surrogate Parent (Sur-1)