113.4 PARENTAL STATUS AND APPOINTMENT OF SURROGATE
PARENTS FOR CHILDRENWITH DISABILITIES – Pg.
113.4. PARENTAL STATUS AND APPOINTMENT OF SURROGATE PARENTS FOR CHILDREN WITH DISABILITIES
The term parent, as used in the Individuals with Disabilities Education Act ("IDEA") and Chapter 14 of the regulations of the State Board of Education, means:
Parental Status Not Determined By Residency
A person who satisfies the definitional criteria established above shall have all the rights, protections, and obligations of a parent under the IDEA and Chapter 14 of the regulations of the State Board of Education regardless of whether s/he resides with the child for whom s/he is a parent.
Legal Notices And Other Papers
District staff may presume that legal notices and other papers required by law to be given to the parent of a child with a disability have been effectively delivered to all persons qualified to act as a parent of that child when such notices or papers are mailed or sent by other reliable means of conveyance to the address identified through the registration process as the residence of the child for school attendance
purposes. If District staff have actual knowledge that a person qualified to act as a
parent of the child is not receiving such notices when mailed or delivered in accordance with this subsection, copies of notices or papers shall be sent or delivered separately to the residence of that parent.
Criteria For Appointment
If a staff member responsible for contacting or providing notice to the parent of a child with, or thought to have, a disability determines after reasonable investigation of the circumstances that:
As the term is used in this policy, reasonable investigation shall mean attempted telephone and mail contact with the parent or legal guardian of the child at the last known address and telephone number available, if such information is available; consultation with all social services or law enforcement agencies known to be involved with the child or the family of the child; and interview of the child, when appropriate.
Qualifications Of Surrogate Parents
The District, individually or in concert with other Districts or the Berks County Intermediate Unit, shall recruit and maintain a list of the names of and contact information concerning persons who are willing to serve as surrogate parents and who:
As soon as practicable after establishing that any one (1) of the criteria enumerated above has been satisfied, the responsible staff member shall notify the Office of Special Education, which shall contact and appoint a surrogate who meets the qualifications enumerated in this policy. As soon as practicable after the surrogate has accepted the assignment, the Office of Special Education shall forward to the surrogate copies of all current educational records concerning the child and shall arrange a meeting or other appropriate interaction between the surrogate and the child.
Recognition Of Foster Parents As Parent
The District will recognize a foster parent as the parent of a child with a disability only when: