Home & Community Services (HCS) Procedures

What's Required

The local education agency (LEA), must take steps to ensure parent participation in the Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP) process and have afforded the opportunity for parent participation. In the event the parent(s) of a child eligible for special education services are not known, the child is a ward of the State or the child is an unaccompanied homeless youth, the LEA must determine whether or not a surrogate parent is warranted. 

The LEA must also ensure that surrogate parents are selected in accordance with 34CRF §300.519(d)(2) and comply with TEC §29.001(10) prior to representing children with disabilities in the ARD/IEP process. Once appointed, the surrogate parent is afforded all the same rights, procedural safeguards and access to educational records as the natural parent(s).

Children in the conservatorship of the Texas Department of Family and Protective Services (TDFPS) may be appointed a surrogate parent by the overseeing judge. In this case the LEA must ensure the surrogate parent selected complies with the same regulations in accordance with 34CRF §300.519(d)(2) and TEC §29.001(10) as indicated in the previous paragraph. Children placed in foster group homes and foster care homes by TDFPS may be represented by the Foster Parent(s) if they meet the criteria and complete the required training. Children placed in residential group-care facilities by TDFPS must be appointed a surrogate parent.

Once a child turns 18 years or older, the child is legally an adult and his/her own education decision maker regardless of functioning level or type of disability. If a court determines that the individual is legally incompetent then the court appointed guardian is the legal decision maker.


What We Do

HCS Group Home Procedures

1. Make copies of all HSC paperwork and attach to the transfer paperwork. You will get this info from the registrar. 

2. Contact District Related Services Coordinator (via email) as these students are RF. 

3. Ask the PARENT to sign the Designation of Signature Form allowing the HCS provider BY NAME, to act as parent. 

4. DIAG/SLP must sign and date the Designation of Signature Form as the WITNESS. OR if not witnessed by school personnel, the Designation of Signature form MUST BE NOTARIZED.

NOTE: If the Designation of Signature Form is not signed by the PARENT indicating that the specific HCS provider (personal name) may act on behalf of the parent, AND witnessed/dated by you or notarized, then the HCS provider is not allowed access to anything related to special education. (including, but not limited to, notification of upcoming ARDs, ARD paperwork, FIEs, REEDS, etc)

5. If the Designation of Signature Form is completed properly, then notify your CLERK that TWO ARD invitations must be sent out EVERY TIME an ARD is held. One to the PARENT (who may not live in the district) and one to the DESIGNATED PERSON (who does live in the district) (Leave contact info for the parent and designated person) 

6. If the Designation of Signature Form is completed properly, then notify your campus Administrator. Leave contact info for the parent and designated HCS person.

*Have the PARENT and you complete the remainder of the transfer paperwork and send it to the District Special Education PEIMS clerk.

NOTE: DO NOT USE THE SURROGATE APPOINTMENT FORM with HCS Providers. 

When ARDs are scheduled, multiple notices will be needed- one for each of the birth parents and one for the HCS provider. 


Forms
Additional Resources