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5257 Education Advocates

 

K.S.A. 38-2218 defines when a parent may be considered unavailable for the purpose of appointing someone to advocate for the child when decisions must be made regarding their plan for special education known as an individual education plan or IEP. When a child does not have an available parent, the Child Welfare Case Management Provider (CWCMP) shall make a referral for an Education Advocate. Documentation shall be provided to demonstrate a parent is unavailable or unable to fulfill the role of education advocate for their child. 

 

  1. Eligibility 
    1. Education Advocates shall be appointed for a child receiving Special Education Services or in need of an evaluation to determine eligibility for Special Education Services and their parents are unavailable. This also includes gifted children. 
    2. Parents are considered to be unavailable when:
      1. The identity of a parent(s) is unknown
      2. The parental rights of both parents have been terminated
      3. The whereabouts of the parent(s) is unknown
      4. The parent(s) has abandoned the child
      5. A no-contact court order exists or the statutory criteria has been met. 
    3. The Kansas State Department of Education (KSDE) currently contracts with Families Together, Inc. to provide training for and assistance in finding Education Advocates for eligible children. 
    4. Children in the Secretary's custody placed with relatives (persons related to them by blood, marriage or adoption) are not eligible for appointment of an Education Advocate. State statute and the KSDE allow relatives to act as parents in educational decision making. Therefore, these children will not need Education Advocates appointed. If there are questions about eligibility, these may be directed to Families Together, Inc. 
  2. Due Diligence Effort to Locate Parents 
    1. Parents shall be involved in the educational process unless they are unavailable. If both parents are determined to be unavailable to make educational decisions for their child, a referral may be made for an Education Advocate. 
    2. Before making a decision to refer a child for an Education Advocate, the CWCMP staff must exercise due diligence/reasonable efforts to find the parents. The CWCMP staff must also make reasonable efforts to assist a parent to participate in the educational planning for the child. 
    3. There is a difference between a parent who is unavailable and a parent who is unwilling to participate in the education decisions that affect their child(ren). A parent who is uncooperative in participating in the educational planning for the child, but who can be located by mail, personal visits (if the home is located within the state of Kansas), or phone is not considered unavailable. If they fail to respond to the school's attempts to involve them in the student's educational process, they may meet the statutory definition at K.S.A. 38-2218(a), and in this instance the Judge may determine the child is eligible for the appointment of an education advocate. 
    4. No referral for Education Advocate services may be made unless due diligence/reasonable efforts have been made and documented in the child's case file. 
  3. Referral 
    1. The CWCMP staff shall refer any eligible child by completing the PPS 5140, Education Advocate Referral Form. The PPS 5140 and any other correspondence regarding the referral shall be sent to Families Together at the address provided on the PPS 5140. 
    2. All persons desiring to become an Education Advocate shall attend training and be appointed by KSDE. 
  4. CWCMP Responsibilities 
    1. CWCMP staff shall update Families Together when:
      1. the child moves
      2. the child is adopted
      3. the child's name changes due to adoption
      4. a new Provider case manager is assigned to the case, including their contact information
      5. the child is no longer receiving Special Education Services
    2. The CWCMP staff shall monitor and document in the case file the following:
      1. The assignment of an Education Advocate before the next Individual Education Plan (IEP) meeting following the referral
      2. Any delay in the assignment of an Education Advocate
      3. Continued efforts made on the part of CWCMP staff to secure the appointment of an Education Advocate
      4. Adequate receipt of Education Advocate service by the child and efforts to notify Families Together, Inc. of the need to correct inadequate service for the child in such a case.