Education Resources - Important Terms

Fostering Federal legislation (Fostering Connections to Success and Increasing Adoptions Act of 2008 and the Every Student Succeeds Act) require that every child in the custody of the Department of Social Services (DSS) remain in their school of origin unless a determination is made that remaining in their current school is not in their best interest. The decision as to what is in the child’s best interest takes place at a Best Interest Determination (BID) meeting. A BID meeting must be held within 5 school days of the child’s initial placement and subsequent placements. If the outcome of the BID meeting is that the child changes schools, an Educational Services (ES) meeting occurs at the new school.

Caregiver/Placement

The caregiver/placement is the current person(s) or agency providing a residence for the student (e.g., biological parent, foster parent, relative, group home, etc.).

Child and Family Team (CFT)

The Child and Family Team (CFT) includes the child, family members, trusted adults, and caring professionals who work together to achieve goals for positive change and improve child safety, permanency, and well-being. CFT meetings are structured discussions among the family and other team members about family strengths, needs, and problems and the impact they have on the safety, permanence, and well-being of the family’s children.

Children's Developmental Services Agency (CDSA)

The Children’s Developmental Services Agencies (CDSAs) support children birth to three years of age who have been referred by parents, community agencies, physicians, or other interested individuals for early intervention services. The CDSAs are the local lead agencies responsible for early intervention services.

CMS-DSS Educational Liaison

CMS-DSS Educational Liaisons provide consultation and assistance to serve children who are active with Mecklenburg County’s Department of Social Services (DSS) and enrolled in Charlotte-Mecklenburg Schools (CMS). Each time the Who Can Serve as IDEA Parent - DSS/GAL Worksheet is completed by the DSS child welfare worker and Guardian ad Litem (GAL) volunteer, it should be sent to a CMS-DSS Educational Liaison, regardless of whether the child is currently attending CMS.

Court-Ordered Individual to serve as IDEA Parent

A judicial decree or order can be made that identifies a specific individual (parent, non-therapeutic foster parent, guardian, special education guardian, or kinship placement) to serve as IDEA Parent. The documentation of this decision by the court would be a court order citing 20 USC § 1401(23) and 34 CFR § 303.27(b).

Custody of DSS

Through a juvenile proceeding in district court, a judge may order a child be placed in the custody of the Department of Social Services (DSS) in the county of the child's residence. DSS is authorized by statute to make decisions for a child in its custody that are generally made by a child's parent or guardian.

DSS Child Welfare Worker

Each child in the custody of the Department of Social Services (DSS) is assigned a permanency planning child welfare worker. The child welfare worker serves as the child's legal guardian. The child welfare worker must make diligent efforts to achieve permanency for the child while also monitoring their safety and well-being. While the child welfare worker typically acts as the education decision maker for general education decisions, the child welfare worker is not allowed to make early intervention or special education decisions.

Early Intervention Services

Early intervention services are available to children under 3 years of age when the child is either experiencing developmental delay, or has been diagnosed with a condition that has a high probability of resulting in developmental delay. The North Carolina Early Intervention Branch is the lead agency for the NC Infant-Toddler Program and works through 16 Children’s Developmental Services Agencies (CDSAs).

Education Rights of Parents Suspended or Terminated

The juvenile court has the authority to suspend or terminate the education rights of parents of children in the custody of the Department of Social Services (DSS). If this has occurred, the parent is not able to serve as the child’s IDEA Parent.

Educational Services (ES) Meeting

Following a Best Interest Determination (BID) meeting, when a child in the custody of the Department of Social Services (DSS) changes schools, an Educational Services (ES) meeting should occur within 30 days, scheduled by the DSS child welfare worker. The purpose of the meeting is to ensure that the child has all required educational services, and to discuss the child’s school transition. An ES meeting should also be scheduled when there are concerns related to a child’s school performance that may require a change in schools.

Father (Biological)

The identity of the biological father is verified upon school enrollment through the child’s birth certificate or court order.

Foster Parent

Foster parents provide a temporary living arrangement for children in the custody of the Department of Social Services (DSS). Foster parents must complete training and be licensed by the state of North Carolina. Unless considered therapeutic foster parents, traditional foster parents are eligible to serve as a child’s IDEA Parent.

Free Appropriate Public Education (FAPE)

A Free Appropriate Public Education (FAPE) is the major entitlement of the special education law for every child with a disability. “Free” means that the education and services provided to the student must be provided at no cost to the parents. “Appropriate” means an education that allows a student to make reasonable progress. “Public Education” means that the services must be provided either by the public schools themselves, or under the direction and supervision of the public school system if the services are provided by a private school.

GAL

A GAL is a Guardian ad Litem. When a petition alleging abuse or neglect of a child is filed in court, the judge must appoint a GAL. The GAL is a team consisting of a GAL volunteer, program supervisor, and attorney advocate, and they represent the child’s best interests and make recommendations to the court. When a petition alleges dependency, the judge may choose to appoint a GAL.

Guardian

A guardian is a person who is not the student’s parent but is appointed by a court as legally responsible for the student’s care, management of finances, or both.

IDEA Parent

Under special education and early intervention law, procedural rights flow through the child’s "parent." The law has a specific definition of "parent," and more than one individual may serve as the "parent" and make special education or early intervention services decisions on behalf of the child. Because of the wide range of individuals who may be eligible to serve as the child’s special education or early intervention services “parent,” we use the term IDEA Parent as a more descriptive term. The IDEA Parent consents to the initial evaluation of the child and the provision of special education or early intervention services.

Identified

Under special education law, procedural rights flow through the child’s "parent." The law has a specific definition of "parent," and more than one individual may be eligible to act as IDEA Parent. This worksheet is designed to help determine who can serve as IDEA Parent for the child. If there is no one who is eligible to serve as the child’s IDEA Parent, this means that no "parent" can be identified and the child is in need of a surrogate parent assigned by the Local Educational Agency (LEA) or Children’s Developmental Services Agency (CDSA) to make special education or early intervention decisions on the child’s behalf.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is the federal law that governs how states and public agencies provide early intervention, special education, and related services to eligible children with disabilities.

Individualized Education Program (IEP)

An Individualized Education Program (IEP) is a written plan for each child with a disability who qualifies for special education under the Individuals with Disabilities Education Act (IDEA). The IEP outlines the special education program for the student and must be developed by an IEP team prior to the delivery of special education and related services. The IEP must include certain information and must be reviewed annually (though it can be reviewed more often).

Individualized Family Service Plan (IFSP)

The Individualized Family Service Plan (IFSP) is the instrument specified by the NC Infant-Toddler Program (ITP) for implementing services for eligible infants and toddlers and their families. The IFSP is developed jointly by the IFSP team, which includes the IDEA Parent and service providers. Only the IFSP team can make decisions related to service delivery. A review of the IFSP must occur every six months following the date of the signing of the initial plan.

Kinship Placement

Kinship care refers to children being provided temporary or permanent care by relatives or close family friends often referred to as fictive kin.

Local Educational Agency (LEA)

A Local Educational Agency (LEA) is a public board of education or other public authority that administers public schools. This includes public school districts and charter schools. NC Psychiatric Residential Treatment Facilities (PRTFs) are Nonpublic Exceptional Children’s Programs, not LEAs. However, for purposes of identifying who will serve as the child’s “parent” for special education decisions, PRTFs have the same obligations as LEAs.

Multiple Eligible Individuals

The biological/adoptive parents will be considered the child’s IDEA Parent if attempting to exercise their special education or early intervention services rights. If the biological/adoptive parents are not attempting to exercise their special education or early intervention services rights, the others identified as eligible are able to serve as IDEA Parent. Biological/adoptive parents may “attempt to exercise their special education or early intervention services rights” in many different ways, such as contacting the child’s teachers for updates, providing consent for an evaluation, or attending an Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) meeting or other school meeting. Before determining that a biological/adoptive parent is NOT attempting to exercise their special education or early intervention services rights, the Local Educational Agency (LEA) or Children’s Developmental Services Agency (CDSA) and the child’s Child and Family Team (DSS child welfare worker, GAL volunteer, and caregiver/placement provider) should engage in repeated (at least 3) attempts to contact the biological/adoptive parent to encourage them to exercise their special education or early intervention services rights using a variety of methods (such as mail, phone, email, and home visits). The DSS child welfare worker should also consider contacting the biological/adoptive parent’s attorney. If the repeated attempts by the LEA or CDSA and the Child and Family Team do not result in the biological/adoptive parent attempting to exercise their special education or early intervention services rights, then the other eligible individuals may serve as IDEA Parent.

Parental Rights have been Terminated

Termination of parental rights (TPR) severs all legal ties between the parent and the child. All TPR proceedings occur in juvenile court before a district court judge.

Relinquish Parental Rights

A parent can voluntarily give up his or her parental rights, referred to as relinquishing their parental rights. This severs all legal ties between the parent and the child.

Section 504 Plan

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against children with disabilities. Section 504 regulations require recipients of federal funds to provide a free appropriate public education (FAPE) to children with disabilities. To be protected by Section 504, a child must have a physical or mental impairment that substantially limits a bodily function or major life activity. To receive a Section 504 Plan, the child must also need accommodations, modifications, services, or supports to benefit from education at a level similar to their non-disabled peers. Section 504 Plans are for children with disabilities whose needs do not rise to the level of requiring specially designed instruction from a special education teacher. Unless modified by court order, the DSS child welfare worker is responsible for making Section 504 decisions for a child in foster care.

Special Education

The Individuals with Disabilities Education Act (IDEA) defines special education as specially designed instruction that meets the unique needs of a child with a disability. Children who qualify for special education have an Individualized Education Program (IEP).

Special Education Guardian

A special education guardian is someone appointed by the court to make special education or early intervention decisions for the child and therefore serves as IDEA Parent. The special education guardian cannot be the child’s Department of Social Services (DSS) child welfare worker or a provider of early intervention services, but otherwise is not subject to the qualifications of a surrogate parent (see the definition of surrogate parent for a listing of the qualifications). For example, unlike a court-appointed surrogate parent, a special education guardian may be appointed when the child is residing in a non-therapeutic foster home.

Surrogate Parent

Local Educational Agencies (LEAs) or Children’s Developmental Services Agencies (CDSAs) are required to assign a surrogate parent to make special education or early intervention decisions for a child whenever a "parent" cannot be identified or cannot be located. Surrogate parents must meet the following qualifications:

1. Not be an employee of the Department of Public Instruction, the LEA, the N.C. Infant-Toddler Program’s CDSAs, or any state agency involved in the education or care of the child, such as the Department of Health and Human Services, a group home, a therapeutic foster parent, or a person or an employee of a person providing early intervention services to the child, or to any family member of the child;

2. Have no personal or professional interests that conflict with the interests of the child; and

3. Have knowledge and skills to adequately represent the child.

Therapeutic Foster Home

A therapeutic foster home is a foster home where the foster parents have received appropriate training to provide a child with mental health treatment services. In North Carolina, the Department of Public Instruction does not permit a therapeutic foster parent to serve as IDEA Parent for a child in their care.

Unable to Locate

The following are considerations when determining that an individual is unable to be located: (1) There is no known address, phone number, and/or email address on file for the individual; or (2) mail sent by the Local Educational Agency (LEA) or Children’s Developmental Services Agency (CDSA) has been returned as undeliverable, the phone number on file is disconnected, and/or when attempts to contact via email are made, the LEA or CDSA receives no response, or the email bounces back. Note: biological/adoptive parents who are incarcerated may still be able to serve as IDEA Parent; being incarcerated does not meet the criteria of “unable to locate.” The LEA or CDSA should engage the Child and Family Team (DSS child welfare worker, Guardian ad Litem (GAL) volunteer, and caregiver/placement provider) for assistance in locating the individual.

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