Services: Special Education Surrogates

Educational Surrogate Parenting Initiative
August 2007

Overview:
The educational surrogate parenting initiative is off and running.   This initiative is run by Clark County Legal Services, Program, Inc., a nonprofit 501(c)(3) organization that provides free legal assistance to people on fixed incomes in our community.  CCLS assists many individuals in our community - such as victims of domestic violence and fraud.  As part of our work, we also provide legal representation to abused and neglected children through our Children’s Attorneys Project.  While representing these children, we have seen many children fail to receive the help they need to succeed in school because no one is available to help them with their educational needs. Approximately 40 foster children with disabilities are now receiving the support of volunteers who are the children’s voice at school sites around Clark County.  Additional surrogate requests are coming in as the word spreads throughout the foster care community. Additional volunteers are needed to meet the incoming requests. 

Why are surrogates needed?
Federal law requires that a “parent” participate in the evaluation, identification, and provision of a free, appropriate public education for a child with a disability.  The law prohibits case workers and group home managers from speaking as the “parent” for a foster child in school situations. The law does permit an independent person to stand in as the “parent” and stand up for a child in need.  Foster children may have a number of disabilities, identified and unidentified, which go unnoticed by the School District because they are often moved from one placement to another.  Therefore, a surrogate parent is needed to ensure the foster child’s special educational needs are being met. 

What have the current surrogates been involved with this year?
Half of the cases that come to Clark County Legal Services are simple requests to have a foster child evaluated to see if they qualify for special education services.   When a social worker’s request for an evaluation is denied by the school, an educational surrogate parent is needed to review the child’s file, and if in agreement with the request, write letters, make phone calls and attend meetings with school personnel just as they would if the child were their own.

As of today, every request for an initial evaluation by our surrogate parents
has been agreed upon by the school staff and every child thus far has been found eligible for special education services.

Other common issues our surrogate parents have worked through this year have involved the child’s lack of academic progress, social issues, truancy problems, poor vocational training and decisions of diploma options.   The surrogates have met these challenges with success.
 
Once the child gets services do they still need a surrogate?
Yes.  Providing the child with educational services does not guarantee he or she won’t continue to struggle academically, socially, emotionally or behaviorally. Setting up services for the child is the first step; a surrogate then needs to make sure the services work.

How much time is required to be a surrogate parent?
A new surrogate parent is required to attend a 10 hour training course over several weeks. Each surrogate will have an opportunity to shadow an experienced surrogate before being assigned to a child. Every surrogate will have access to a child advocate for guidance and support.  After the initial training course, a surrogate should expect to give about 10 hours of volunteer time each year.

What happens if I can not continue as a surrogate?
Situations may arise that prevent a surrogate’s continued participation in the program.  Should this occur, a substitution will be made.

Can anyone be a surrogate? 
The law forbids anyone who works for the school system or State government or is contracted for payment with the State from being a surrogate parent.  In addition, people who are involved in the care and/or treatment of the child may not serve as his or her educational surrogate. 

What if I don’t have special education experience?
No prior experience is necessary.  Clark County Legal Services (CCLS) will provide surrogate parents the tools and knowledge  they need to represent the child at school meetings. Most important is a desire to be a child’s voice.

What is the difference between CCLS program and CCSD surrogate program?
The surrogates that come through Clark County Legal Services are presented to the courts and become court ordered to act as an educational surrogate on behalf of the child.  They work independently but report to a judge.  Clark County School District surrogates are not court appointed.  In the past, the Clark County School District has not been able to obtain surrogates for these children.  Recently, the federal law was changed to allow the Court to appoint surrogates for these children.

Success stories:
One volunteer met her assigned foster child at school and when she told him that she was going to be his voice at school meetings he asked her why she would do that without being paid. The surrogate explained that she cared about him and that giving love was not something you get paid for. He responded by saying, “Nobody has ever done that for me before.”

An elementary school child ran away from campus on several occasions causing the staff, including the principal, to chase her down the street.  One time she was found hiding under a car and another time found in a neighbor’s backyard. The school staff appreciated the surrogate parent volunteer who began attending meetings and worked with them as they struggled to understand the child’s fears and emotional needs.  Plans were put into place and the child’s behavior began to settle down immediately.

Some foster children find themselves placed in an institution and as they are released it is essential that a surrogate parent help transition the child into a regular school environment.  Surrogates have attended meetings at the institution and then met with the school so that the school staffs were prepared for the child’s return and appropriate support was in place as the child came back to her home school.

How can I find out more about the program?
Call Clark County Legal Services at (702) 386-1070 ext. 124