What Should the LEA Do if the Child's Only Parent is in Jail and Will Not Be Released Before the IEP Annual Review Date?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, if neither parent is able to attend the IEP team meeting, the LEA still must take steps to ensure parent participation, including individual or conference telephone calls. Depending upon the facility, it may even be possible to hold the IEP team meeting at the jail. Incarceration of a parent does not invalidate the parent's right to participate in the development, review, and revision of their child's IEP.

In cases where a parent is unresponsive, lives a great distance from their child's LEA, or is incarcerated, the LEA may obtain written authorization from the parent to appoint a surrogate parent to represent the child 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 is revocable at anytime. The surrogate parent, once appointed, may then represent the child until such time as the parent revokes authorization.