Yes...it has been a long time since my last post. I've been working feverishly on my research to finish my dissertation. What a sweet day it will be when it is said and done! My daughter came home from Cairo for two weeks during the protests then returned as soon as Mubarak stepped down and classes at the American University in Cairo resumed. Here is another pic from the cab on our way to tour the pyramids last August.

Perry A. Zirkel, University Professor of education and law at Lehigh University, requested that I share the following opportunity with my readers:

Special Education Law Symposium 2011
June 26 - July 1, 2011
Lehigh University is offering its successful and intensive one-week Special Education Law Symposium under the co-direction of Drs. Perry Zirkel and James Newcomer. Presenters at the Institute will provide a practical analysis of legislation, regulations, and case law relating to the education of students with disabilities. Featuring a faculty of legal experts from several states, the program offers two parallel tracks—one for basic and the other for advanced practitioners. The workshop is offered alternatively for graduate or continuing education credit.
The keynote speaker will be Dr. Melody Musgrove, Director of the Office of Special Education Programs, U.S. Department of Education.
To view the program details or register, visit our website: http://www.lehigh.edu/education/law
and follow us on Facebook: Special Education Law Symposium - Lehigh University.

For questions contact Sharon Fehlinger at srf5@lehigh.edu or 610-597-4643. Please disseminate this information to any interested colleagues.

Parental Consent for the Initial Provision of Special Education and Related Services

This is a picture of my daughter standing on the balcony of our hotel (Dusit Thani) in New Cairo. There was an "oasis" outside our window but beyond that is it mostly sand and new construction homes.

The Special Education Process Guide for South Carolina revised 10/1/10 clarifies that when a parent provides consent for the initial provision of special education and related services it does not mean the parents are consenting to each service included in the initial IEP developed for their child. This consent requirement only applies to the initial provision of special education and related services generally, and not to the particular special education and related services to be included in the child's initial IEP. In order to give informed consent to the initial provision of special education and related services under 34 CFR Section 300.300(b)(1), parents must be fully informed of what special education and related services are and the types of services their child might need, but not the exact program of services that would be included in an IEP to be developed for their child. Once the LEA has obtained parental consent and before the inital provision of special education and related services, the IEP team would convene a meeting to develop an IEP for the child in accordance with 34 CFR Sections 300.320 through 300.324.

What About a Guardian Ad Litem?

This is a random picture I took while traveling from the Cairo International Airport to our hotel. Notice all the sand on the road...

Page 46566 of the comments to the IDEA 2004 regulations explains "We agree that guardians with limited appointments that do not qualify them to act as a parent of the child generally, or do not authorize them to make educational decisions for the child, should not be considered to be a parent within the meaning of these regulations." What this means...there are differnt kinds of guardians who serve in different roles as authorized by the State. In South Carolina, a Guardian ad Litem is a volunteer trained to perform five important functions: investigator, reporter, spokesperson, monitor, and protector. This person would not be able to make educational decisions on behalf of the child (e.g., receive notice, give or revoke consent, file formal complaints, request mediation, file for a due process hearing, give or deny permission for release of records, etc.) unless a court authorized them to act as a child's parent. If in doubt, school officials need to ask for documentation from a court authorizing the guardian to make educational decisions.

What About Step-Parents?

Another view of Cairo from the plane...

A letter from the Family Policy and Compliance Office dated August 20, 2004 clarifies the term "parent" includes natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. The Department has determined that a parent is absent if he or she is not present in the day-to-day home environment of the child. Accordingly, a stepparent has rights under the FERPA where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. In such cases, stepparents have the same rights under the FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under the FERPA.

Who is Considered to be a Parent?

A view of Cairo from the plane...

34 C.F.R. Section 300.30 defines the term "parent":
Parent includes a biological or adoptive parent; a guardian; a foster parent; an individual acting as a parent in the absence of a biological or adoptive parent or a guardian, who has legal responsibility for the child's welfare (including a grandparent, stepparent, or other relative); or a surrogate parent.
With regard to non-custodial parents, as long as the non-custodial parent's rights are not terminated or restricted through a court order, the non-custodial parent has equal rights to access the student's education record. The non-custodial parent retains the right to review or amend the records and consent to the disclosure of his or her child's records.

Surrogate Parent Information

That's me in the sunglasses with my daughter (blue scarf) and our friend Ai. Yes...that is the Sphinx between the two pyramids.

Here are some surrogate parent tips:

• Each public agency must ensure a surrogate parent is assigned for a child with a disability when: no parent can be identified; the public agency, after reasonable efforts, cannot locate a parent; the child is a ward of the State; or the child is an unaccompanied homeless youth (34 CFR Section 300.519)
• The surrogate parent may not be an employee of the state educational agency (SEA)/LEA/or other agency involved in the education or care of the child
• The surrogate parent may be an employee of a non-public agency that only provides non-educational care for the child
• The SEA must ensure surrogate parents are appointed not more than (30) days after determination of need
• Surrogate parents must have knowledge and skills that ensure adequate representation for the child
• A foster parent may serve as the surrogate parent if (s)he has no interest that conflicts with the child's interest and is willing to make educational decisions required of parents under IDEA

What Constitutes an Educational Record?

Another pyramid/camel pic...

So, what constitutes an educational record under FERPA?

Educational records are records directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution.

They may include, but are not limited to:

• academic work completed by a student;
• attendance data;
• scores and test protocols of standardized intelligence, aptitude, and psychological tests
• interest inventory results;
• health data;
• family background information;
• information from teachers or counselors;
• documentation regarding student behaviors;
• individualized education programs (IEPs);
• IEP meeting minutes of conference summaries;
• documentation of parent notice and consent;
• videotapes, such as a videotape of a student with a disability made by a physical therapist working with the student; and
• audio tapes of IEP meetings.