OLRS 2008 Annual Report
Protecting the Rights of Students with Disabilities

In response to a complaint by OLRS to the Ohio Department of Education (ODE), a school that provides on-line educational services has changed its policy on the appointment of surrogate parents.

The complaint alleged that students living in a residential treatment center did not have individualized education programs (IEPs) that were signed by a parent as required by federal special education law. Instead, the IEPs were signed by caseworkers from children's services boards who had custody of the students, a violation of law and a conflict of interest. ODE found the school in violation of the surrogate parent requirement of the Individuals with Disabilities Education Improvement Act (IDEIA) which requires the appointment of a surrogate parent to advocate for the student whenever the student does not have a parent available to ensure the student's rights in the special education process.

In response to the finding from ODE, the school developed a corrective action plan. The corrective action plan included the assignment of trained surrogate parents for current students who were the subject of the complaint and a change in the school's written policy on surrogate parents.

The change in the written policy requires the school to assign a trained surrogate parent for all students who are in the custody of children's services and who do not have a parent acting on their behalf.