Chapter 3 : Section 8.5

Special Education and Early Intervention Services for Children in Out-of-Home Care

Procedures

Special Education Evaluation and/or Services

A referral for an initial evaluation may come from the special education parent of the child, a state agency, or the LEA.

The DCS Specialist shall promptly notify the LEA of the name and contact information of the child’s parent, as defined by the Individuals with Disabilities Education Act (IDEA). Informed written consent by the parent is required to gather additional data in the evaluation process and for the initial provision of special education services.

The DCS Specialist will work cooperatively with the LEA to confirm that a parent, as defined by the Individuals with Disabilities Education Act (IDEA), participates in all decision-making regarding special education evaluation and/or special education services.

Parent as defined by IDEA includes:

• the biological or adoptive parent of a child;

• a foster parent or kinship caregiver;

• a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions (but not the State or an employee of a contractor of the State) who has specifically been granted educational rights by the court; and

• a surrogate parent appointed by ADE.

When a child requires special education evaluation and/or services, DCS Specialists should collaborate with the AzEIP for children under three years of age, or the LEA for children three years of age and older, to do the following:

• ensure that a parent is determined; and

• encourage the parent to make a referral to AzEIP or to the child’s LEA to evaluate the child’s special education needs.

The DCS Specialist should assist the LEA to determine the necessity of a surrogate parent, by providing relevant information such as:

• court orders suspending/terminating a parent’s educational rights;

• documentation that the parent is unidentifiable;

• documentation that the parent’s whereabouts are unknown;

• foster parent/kinship caregiver information; and

• legal guardian paperwork as it relates to educational rights.

Early Intervention Services for Children Under Three Years of Age and Head Start

See Arizona Early Intervention Program (AzEIP) for information about the following:

• referring a child with a suspected disability or delay;

• supports and services for eligible children with disabilities and developmental delays, and their families; and

• procedures for identifying an IDEA parent (also known as special education parent) for eligible children under three years of age.

All children less than three years of age in out-of-home care are eligible for Early Head Start. All children three to five years of age in out-of-home care are eligible for Head Start. Eligibility does not ensure enrollment. To maximize a child’s probability of service, make an application as early as possible. Enrollment is limited and based on:

• availability of the service; and

• a first come-first served basis.

For contact information for Early Head Start and Head Start Programs, visit the website and refer to the Arizona Head Start Association’s annual report.

Determining Who will Serve as the IDEA Parent

If a child under three years of age requires special education evaluation and/or services for early intervention services, it is the responsibility of AzEIP to determine who shall act as the IDEA parent.

If a child three years of age or older requires special education evaluation and/or services, it is the responsibility of the LEA under federal and state law to determine who shall act as the IDEA parent.

The DCS Specialist will cooperate with and assist the LEA or AzEIP in meeting this obligation by providing any available information that will assist the LEA or AzEIP to locate the biological or adoptive parent.

When the identity and whereabouts of a biological or adoptive parent are known, the LEA must make reasonable efforts to contact the parent to ensure the parent’s consent for special education evaluation and/or services. If the parent is incarcerated or residing in a residential mental health or drug treatment facility, arrangements can be made to obtain necessary signatures and a parent may participate in IEP meetings through telephone conferencing. In this situation, the DCS Specialist may be asked for information as to the parent’s whereabouts, with the LEA responsible for securing the parent's participation.

The biological or adoptive parent retains the ability to make special education decisions unless one of the following circumstances exist:

• The identity of a parent (biological or adoptive) is unknown.

• The whereabouts of a parent is unknown.

• Parental rights have been terminated.

• The court has suspended the biological or adoptive parent’s special educational rights.

When the biological or adoptive parent is unable to serve as the parent for special education purposes due to one of the conditions above, the DCS Specialist shall assist the LEA to identify an alternative person eligible to make special education decisions, with the order of preference as follows:

• The kinship caregiver or licensed foster parent.

• A court appointed guardian (but not the State or an employee of a contractor of the State).

• A surrogate parent appointed by the ADE.

If the biological or adoptive parent is available to serve as the IDEA parent, but the DCS Specialist identifies a reason the biological or adoptive parent should not retain special education rights for their child (i.e. child’s safety may be compromised in some way), the DCS Specialist will contact the assigned Assistant Attorney General to review the concerns. If necessary, the DCS Specialist will request the Assistant Attorney General to file a motion to suspend the parent’s special education rights and authorize another individual to serve in this role. If the court approves the motion, the DCS Specialist will notify the LEA and assist the LEA to identify an individual to serve as the IDEA parent.

Appointment of Surrogate Parent

LEAs, not DCS employees, request surrogate parents. A surrogate parent is needed when:

• a biological or adoptive parent’s educational rights have been suspended/terminated; or

• the parent is unidentifiable or the parent’s whereabouts are unknown; and

• the child is not residing with a foster parent (including kinship caregiver); or

• the court has not granted educational rights to a legal guardian.

The following persons may NOT serve as a surrogate parent:

• the child’s DCS Specialist;

• employees of the child’s group home;

• the child’s teacher; and

• a guardian who has been granted medical rights by the court but not educational rights.

The ADE must appoint a surrogate parent when a child is residing in a group home or residential placement, if the parent’s special education rights have been suspended or terminated.

Kinship caregivers and licensed foster parents do not require appointment by the ADE to serve as the surrogate parent.

An employee of a shelter or another emergency placement may temporarily serve as a surrogate parent. However, in this event, the LEA must immediately begin the process of appointing a surrogate parent.

When a child moves from one out-of-home living arrangement to another, including a move to or from foster care to a BHIF, the DCS Specialist should notify the surrogate parent and the LEA about the child’s move and provide the surrogate parent with the name, address, and phone number of the new out-of-home caregiver, group home, or BHIF.

Termination of Surrogate Parent Appointment

Surrogate parent appointments will remain in effect until the LEA formally notifies the ADE Surrogate Parent Program coordinator of the need to terminate the appointment for one of the following reasons:

• The child’s situation changes and an individual who meets the IDEA definition of parent is now available.

• The child graduates with a regular diploma.

• The child ages out of the special education program.

• The child is exited from special education through the evaluation process.

• The child turns 18 and rights have been transferred (to the child).

• The child withdraws from the LEA and leaves Arizona.

• The surrogate parent is no longer able to fulfill the duties of the appointment. (In this case, the LEA is responsible for completing the process to have a new surrogate appointed.)

Formal notification is accomplished through the completion and submission of the Notice to Terminate Surrogate Appointment. This can be found on the Surrogate Parent application on ADE Connect.

ADE cannot terminate surrogate parent appointments. If an appointment is made by the court, the appointment shall remain in effect until terminated by a court order. If made by application through ADE Connect, the appointment will remain in effect until the LEA terminates the relationship.

If the surrogate parent was appointed by a court, after consulting with the LEA, consider requesting that the court terminate the appointment of the surrogate parent if there is not already a court order addressing the following issues:

• the child is returned to a parent;

• special education services are no longer necessary;

• the biological parent, adoptive parent, or legal guardian becomes available and is willing to serve;

• the child turns 18 years of age;

• the child is no longer a ward of the court; or

• the surrogate parent is not adequately representing the interests of the child.

Consult with your Assistant Attorney General to determine if a surrogate parent order exists that provides for the termination to occur upon one of the above listed changes in circumstances.

For ADE surrogate appointments, refer to ADE policies and procedures. To obtain the ADE policies and procedures, contact ADE/Exceptional Student Services (ESS) at 520-770-3175.

Behavioral Health Inpatient Facility (BHIF)

When a child is placed in a BHIF with an on-site school, the home school district (HSD) shall conduct an evaluation to determine if the child is eligible for special education services. For students who have previously been determined eligible for special education services, a review of the student’s Individualized Education Plan (IEP) must be conducted. Either procedure must be completed within the first 60 days of placement.

If a child is eligible for special education services and an LEA, through the IEP process, determines that the child may need to be placed in a BHIF on-ground school for educational purposes, the LEA must determine if the child is currently receiving behavioral health services. If the child is not currently receiving services through an Assigned Behavioral Health Clinic, the school will make a referral for a comprehensive behavioral health evaluation. In both situations, an IEP meeting will be convened and include a DCS CHP representative. See Education for Children in Out-of-Home Care and Arranging Treatment in a BHIF.

Documentation

Document the discussion of the child's educational status and needs with the parent and caregiver using Notes.

Enter the child's educational status and any significant educational history or needs into Education Detail.

Update Education Detail whenever the child changes schools.

Document any special education conditions, IEP and 504 plans in the Education Plan.

Prior to each case plan staffing, request updated information on the child's educational status and needs, and update the Education Details.

Document the following in the Case Plan under Child's Needs, Supports, and Services:

• the name and contact information for the IDEA parent, as needed;

• whether the child is attending the home school or district, and if not, provide an explanation;

• the plan for collaborating to ensure the child is provided services to help the child achieve his or her educational potential;

• outcomes, tasks, services, and supports identified prior to and during the case plan staffing to meet the child's educational needs; and

• explanations associated with any of the outcomes, tasks, services, or supports to serve as the child's education plans, as needed.

File copies of the child's educational records, including grades, attendance and discipline reports, achievements, all IEP and other educational reports in the hard copy case record.

File a copy of the child’s Health Plan in the hard copy file to document that the form was provided and reviewed with the out-of-home caregiver.

Effective Date: February 1, 2021

Revision History: November 9, 2018, August 26, 2019