SURROGATE PARENT Information for Local District Administration

Content Definitions Qualities of a Surrogate Parent Roles Responsibilities

Who is a parent? Parent means: – Biological or adoptive parent – Foster parent – Guardian

Who else is a parent? A parent also means: – A person acting in place of a biological or adoptive parent with whom the child lives like a grandparent, stepparent or other relative – A person who is legally responsible for the child’s welfare – A surrogate parent who has been appointed by the district

Definition of a parent  Biological  Adoptive  Foster  Relative living with the child  Family friend Which one is not a parent?

What is a surrogate parent? An adult volunteer assigned by the school to act in place of a student’s parent when the: — Parent cannot be identified, — Parent cannot be located after reasonable efforts, — Child is a ward of the state or — Student is unaccompanied and homeless

When does a student eligible for special education need a surrogate parent?  When parents are in jail  When parents cannot be located  When living with family friends while the parents are working out of the country for six months  All of the above

Who can be a surrogate parent? An adult that is not employed by the district or state or community agency which is involved in the education or care of the student An adult whose activities do not conflict with the interests of the student An adult with knowledge and skills that ensure adequate representation of the student An adult assigned not more than 30 days after there is a determination by the agency that the child needs a surrogate parent

A judge may appoint a surrogate parent when: Individuals Disabilities Education Act 2004 (IDEA) allows for the appointment of a surrogate parent by a judge overseeing the case of a child who is a ward of the state, provided that the surrogate parent meets the requirements at 34 C.F.R. § (c). The Local Education Agency (LEA) has concurrent responsibility for the appointment of a surrogate parent.

Guardian ad litem A guardian ad litem does not automatically meet the standards of a parent or surrogate parent. To act as a parent or surrogate parent, the guardian ad litem must be specifically designated as a surrogate by the court.

Who can be a surrogate parent?  Any interested and caring adult  An adult with knowledge and skills  An adult that works in the school district  An adult who employs the student in a part time job Which describes a good candidate for a surrogate parent?

What is the timeline for appointment? When the need for a surrogate parent arises, it is usually under circumstances that are governed by timelines. It is essential, as a condition of timely resolution of the activity and of due process, that a surrogate parent be appointed in an expeditious manner and no more than 30 days after there is a determination of need.

Characteristics of a surrogate parent: Committed to learning about the student’s educational needs and the special education system in which he/she is enrolled Able to communicate with school personnel regarding educational procedures or programs Responsible with confidential information

What are the responsibilities of the surrogate parent? Represent the student in all matters related to: – Identification – Evaluation – Educational placement – Provision of a Free Appropriate Public Education (FAPE)

A surrogate parent may: Visit the student’s school to review educational records Attend meetings as needed to gather information about the student Meet the student

A Surrogate Parent May (cont.): Observe the student in the classroom, if appropriate Consult with the teachers, family members, therapist, caseworkers, and other professionals involved in the student’s education Advocate in the best interest for the student’s educational benefit

Surrogate parent expectations Attend meetings or provide input for: — 30-day temporary placement — Review of Existing Evaluation Data (REED) — Eligibility determination — Individualized Education Program (IEP) Team meeting — Manifestation Determination Review (MDR) — Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) development and review — Other educational meetings as necessary

Surrogate Parents as IEP Team Members Sign in as a participant Provide input to identify student needs Review the Present Level of Academic Achievement and Functional Performance (PLAAFP) Determine Goals and Objectives with others on the team Determine the Least Restrictive Environment as a team member

Surrogate Parents as IEP Team Members (cont.) Identify Accommodations and Modifications Consider if accommodations are needed for the student to participate in State and District wide Assessments Discuss and develop Transition Plans for students aged 14 or older Determine the frequency of Progress Reports

Signing on the dotted line: Surrogate parents may sign: – Initial Consent – Evaluation Consent – Agreement to addendums – And other documents related to the special education programs and services for the student

A Surrogate Parent’s Role in Dispute Resolution May Include: Requesting an IEP Facilitator Attending mediation Writing a formal complaint Initiating a Due Process Hearing

Questions Matthew Korolden, Michelle Gulley,