CLASSIFICATION: Instruction / Adopted: 09/07
Revised: 9/25/15
First Reading: 9/25/15
SUBJECT: APPOINTMENT OF SURROGATE PARENT FOR / Second Reading: 12/11/15
STUDENTS IN SPECIAL EDUCATION / Adopted: 1/22/16
In order to protect the rights of students with disabilities, the Local Education Agency (LEA) Superintendent or designee shall appoint a surrogate parent to represent a student with disabilities as necessary in accordance with law.
Districts and/or Special Education Local Plan Areas (SELPAs) are mandated to adopt procedures to protect the rights of students whenever:
- The parents of the student are not known, and/or
- The district cannot, after reasonable efforts, locate the parents’ whereabouts, and/or
- The student is a dependent or ward of the court and if the court has specifically limited the right of the parent or guardian to make educational decisions for the child
When the student is a ward of the court, the district’s procedures must also include an assignment of an individual to act as a surrogate for the parents. (20 U.S.C. 1415 (b)(2)). The Superintendent or designee shall develop procedures for recruiting, training, and assigning adults to serve as surrogate parents. When appointing a surrogate parent, the local educational agency shall, as a first preference, select a relative caretaker, foster parent, or court-appointed special advocate, if appropriate. If none of these individuals is willing and/or able to act as a surrogate parent, the district shall select the surrogate parent of its choice. Upon a determination that a student needs a surrogate parent, the LEA will make reasonable efforts to ensure that the surrogate is appointed within 30 days. Before individuals are appointed as surrogate parents, the Superintendent or designee shall ensure that they have a criminal background screening completed and have demonstrated interest in working with children with disabilities, sensitivity to ethnic and cultural factors, and the ability to work cooperatively with others. If the child is moved from the home of the relative caretaker or foster parent who has been appointed as a surrogate parent, the local educational agency shall appoint another surrogate parent if a new appointment is necessary to ensure adequate representation of the child.
The surrogate parent shall serve as the child’s parent and shall have the rights relating to the identification, assessment, instructional planning, educational placement, reviewing, and revising the Individualized Education Program (IEP), and in all other matters relating to the provision of a free appropriate public education for the child. This representation shall include the provision of written consent to the IEP including nonemergency medical services, mental health assessment and treatment services, and occupational or physical therapy. The surrogate may sign any consent relating to the IEP purposes.
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Legal References:
EDUCATION CODE
56028Parent
56050Surrogate parents
56055Rights of foster parents
GOVERNMENT CODE
7570-7587Interagency responsibilities for providing services to disabled children, especially:
7579.5Surrogate parent; appointment; qualifications; liability
7579.6 McKinney-Vento Homeless Assistance Act
WELFARE AND INSTITUTIONS CODE
300Children subject to jurisdiction
361Limitations on parental control
601Minors habitually disobedient or truant
602Minors violating laws
726Limitations on parental control
UNITED STATES CODE, TITLE 20
1400-1482Individuals with Disabilities Education Act, especially:
1415Procedural safeguards
UNITED STATES CODE, TITLE 42
11434aDefinitions
CODE OF FEDERAL REGULATIONS, TITLE 34
300.30Definition parent
300.519Surrogate parents
Management Resources:
FEDERAL REGISTER
Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845
WEBSITES:
California Department of Education:
U.S. Department of Education, Office of Special Education and Rehabilitative Services:
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