 | |
 |
First Steps: Service Coordinator
Unit I Lesson 3: Parental procedures
In Unit I Lesson 2 we discussed the importance of the service coordinator’s knowledge to answer any questions that may arise from their first meeting with prospective families. To further familiarize you with this vast area, we are going to take a look at the parental procedural safeguards mentioned in Part C of the law.
(NOTE: The language of the statutes is not the easiest to read so make sure you understand the meaning of each point before proceeding.)
Part C, Sections
303.401-303.406
Sec. 303.401
Definitions of consent, native language, and personally identifiable information.
As used in this subpart;
(a) Consent means that; (Notice of Action form)
1.The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;
2. The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and (Release of Information form)
3. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time;
(b) Native language, where used with reference to persons of limited English profiency, means the language or mode of communication normally used by the parent of a child eligible under this part;
(c) Personally identifiable means that information includes
1. The name of the child, the child's parent, or other family member;
2. The address of the child;
3. A personal identifier, such as the child's or parent's social security number; or
4. A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
(Authority: 20 U.S.C. 1439)
Sec. 303.402
Opportunity to examine records.
In accordance with the confidentiality procedures in the regulations under part B of the Act (34 CFR 300.560 through 300.576), the parents of a child eligible under this part must be afforded the opportunity to inspect and review records relating to evaluations and assessments, eligibility determinations, development and implementation of IFSPs, individual complaints dealing with the child, and any other area under this part involving records about the child and the child's family.
(Authority: 20 U.S.C. 1439(a)(4))
Sec. 303.403
Prior notice; native language.
(a) General. (Notice of Action form)
Written prior notice must be given to the parents of a child eligible under this part within a reasonable time before a public agency or service provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of the child, or the provision of appropriate early intervention services to the child and the child's family.
(b) Content of notice.
The notice must be in sufficient detail to inform the parents about
1. The action that is being proposed or refused;
2. The reasons for taking the action;
3. All procedural safeguards that are available under Secs. 303.401-303.460 of this part; and
4. The State complaint procedures under Secs. 303.510 & 303.512, including a description of how to file a complaint and the timelines under those procedural
(C) Native language.
1. The notice must be;
i. Written in language understandable to the general public; and
ii. Provided in the native language of the parents, unless it is clearly not feasible to do so.
2. If the native language or other mode of communication of the parent is not a written language, the public agency, or designated service provider, shall take steps to ensure that
i. The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;
ii. The parent understands the notice; and
iii. There is written evidence that the requirements of this paragraph have been met.
3. If a parent is deaf or blind, or has no written language, the mode of communication must be that normally used by the parent (such as sign language, braille, or oral communication).
(Authority: 20 U.S.C. 1439(a)(6) and (7))
[58 FR 40959, July 30, 1993, as amended at 64 FR 12536, Mar. 12, 1999 ]
(Now - take a deep breath - the following section is very important!)
Sec. 303.404- 303.406 ( Resource 9)
Parent consent.
(a) Written parental consent must be obtained before; (Notice of Action)
1. Conducting the initial evaluation and assessment of a child under Sec. 303.322; and
2. Initiating the provision of early intervention services (see Sec. 303.342(e)).
(b) If consent is not given, the public agency shall make reasonable efforts to ensure that the parent
1. Is fully aware of the nature of the evaluation and assessment or the services that would be available; and
2. Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
(Authority: 20 U.S.C. 1439)
Note 1: In addition to the consent requirements in this section, other consent requirements are included in
1. Sec. 303.460(a), regarding the exchange of personally identifiable information among agencies, and (Release of Information form)
2. The confidentiality provisions in the regulations under part B of the Act (34 CFR 300.571) and 34 CFR part 99 (Family Educational Rights and Privacy), both of which apply to this part.
Note 2: Under Sec. 300.504(b) of the part B regulations, a public agency may initiate procedures to challenge a parent's refusal to consent to the initial evaluation of the parent's child and, if successful, obtain the evaluation. This provision applies to eligible children under this part, since the part B evaluation requirement applies to all children with disabilities in a State, including infants and toddlers.
Sec. 303.405
Parent right to decline service.
The parents of a child eligible under this part may determine whether they, their child, or other family members will accept or decline any early intervention service under this part in accordance with State law, and may decline such a service after first accepting it, without jeopardizing other early intervention services under this part.
(Authority: 20 U.S.C. 1439(a)(3))
Sec. 303.406
Surrogate parents.
(a) General.
Each lead agency shall ensure that the rights of children eligible under this part are protected if;
No parent (as defined in Sec. 303.18) can be identified;
2. The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or
3. The child is a ward of the State under the laws of that State.
(b) Duty of lead agency and other public agencies.
The duty of the lead agency, or other public agency under paragraph (a) of this section, includes the assignment of an individual to act as a surrogate for the parent. This must include a method for
1. Determining whether a child needs a surrogate parent; and
2. Assigning a surrogate parent to the child.
(c) Criteria for selecting surrogates.
1. The lead agency or other public agency may select a surrogate parent in any way permitted under State law.
2. Public agencies shall ensure that a person selected as a surrogate parent
i. Has no interest that conflicts with the interests of the child he or she represents; and
ii. Has knowledge and skills that ensure adequate representation of the child.
(d) Non-employee requirement; compensation.
1. A person assigned as a surrogate parent may not be an employee of any State agency; or
ii. A person or an employee of a person providing early intervention services to the child or to any family member of the child.
2. A person who otherwise qualifies to be a surrogate parent under paragraph (d)(1) of this section is not an employee solely because he or she is paid by a public agency to serve as a surrogate parent.
(e) Responsibilities.
A surrogate parent may represent a child in all matters related to
1. The evaluation and assessment of the child;
2. Development and implementation of the child’s IFSPs, including annual evaluations and periodic reviews;
3. The ongoing provision of early intervention services to the child; and
4. Any other rights established under this part. (Authority: 20 U.S.C. 1439(a)(5))
[58 FR 40959, July 30, 1993, as amended at 63 FR 18296, Apr. 14, 1998]
These statutes clearly state the boundaries for the intake process. Please make sure you have carefully read and understood these sections as they are the basis for how the Service Coordinator will guide a family into FS.
Compare Part C law with the Missouri First Steps Parental Rights. There are nine sections reviewed on the DESE FS web site. Take some time now to review these sections:
Educational Surrogate Services
In keeping with our discussions of trying to make the entry into the First Steps program as easy and comfortable as possible for families, it is fitting that we also take a look at the consent form ( Notice of Action) presented to the parents during the intake process.
The importance of a Notice of Action is to ensure families understand the process and any changes that are made to their child’s intervention program. It also informs families of their rights and gives them the opportunity to exercise those rights as outlined in the parental rights brochure. View the form by clicking the link below
http://dese.mo.gov/divspeced/FirstSteps/pdfs/Forms/NofAfrm.pdf
Reflection questions:
1. In reviewing this information consider how a knowledge of cultural competencies need to be a cornerstone of the service coordinator’s work with families. It’s important to be sensitive to families feelings and to recognize their comfort levels. How can this be done?