1. Surrogate Parents Standing-In For the Parent
An Educational
Training Program
Created by
Riverside County SELPA
Slide 1: Show the Title Slide and make these points:
Welcome the participants to the training Session.
Briefly introduce the trainers and support staff.
Thank the participants for their commitment to be part of the process of special education and to help student with exceptional needs.
Distribute the Roles and Responsibilities in the IEP Process Activity for each participant to complete. Do not go over to determine if it is correct, have the participants place to the side for an activity at the end of the presentation. (e.g. pre- and post-test)

2. What is a Surrogate Parent?
A person appointed by the local education agency (LEA) or special education local plan area (SELPA)
to represent a student (age 1-21) for the purpose of their individualized education program (IEP)
to ensure that the rights of the student to a free appropriate public education (FAPE) are protected
Slide 2: Review the slide
Stress that a surrogate parent is appointed by the LEA (district)
The surrogate parent is trained – point of today’s training
The surrogate parent assists the IEP team and student with the development of the IEP and insures that the students rights are protected.

3. What are the duties of the LEA?
The duty of the LEA includes the assignment of an individual to act as a surrogate for the parents. This must include a method:
For determining whether a child needs a surrogate parent
For assigning a surrogate parent to the child
Slide 3: Review the duties of the LEA (district)
Determine need for Surrogate parent
Assign a surrogate parent
Maintain pool of trained surrogate parent

4. Who Can Be a Surrogate Parent?
Must have knowledge and skills to adequately represent the student
Culturally sensitive to the student
Cannot be an employee of a public agency involved in the education or care of the student
Cannot be an employee of a private agency involved in the education of the student
Slide 4: Review this slide
Highlight that the skills and knowledge are part of this training
Stress the conflict of interest – can not be employed by a public or private agency that provide or responsible for providing the educational services or care of the student.

5. Group Home Employees and Foster Parents
Group Home operators or employees are not eligible
Foster parents are allowed to represent students unless: (CFR )
They have a conflict of interest
The placement is short-term (less than 6 months – not on-going, long-term)
There is a Minute Order assigning educational rights to a specific person
Slide 5: Review the conflict of interest that arises
Group home employees are never eligible to be a surrogate
Foster parents are eligible under certain circumstances
These are the circumstances that will prevent them from being the surrogate parent for the student in their care.
A surrogate parent
must not have a conflict of interest

6. Conflict of Interest
“An individual who would have a conflict of interest Means a person having any interests that might restrict or bias his/her ability to advocate for all of the services required to ensure a free appropriate public education for an individual with exceptional needs.” (Govt. Code Section (3) (i))
Slide 6: Review the law pertaining to conflict of interest in regards to a surrogate parent
Check for understanding
Determine if anyone has a concern with this

7. When Do We Appoint a Surrogate Parent?
Student does not have a parent, guardian or conservator, or one can’t be located
Student is a ward or dependent of the court, the court has removed parent’s rights to make educational decisions and has not assigned anyone else. (Check Minute Order)
Student may need an interim surrogate when he/she is initially placed in a SELPA, while parent’s location or status is being researched
Slide 7: Review when a surrogate parent will be appointed by the district for a student
Stress that a minute order is provided by the social worker stating that the educational rights of the parent has been removed and who they are assigned to.
If the courts do not assign the educational rights to a specific person, then the school district needs to assign a surrogate person for the student to continue with the IEP process.
FYI-The school district must inform the courts on the appointment of the surrogate parent, please see Surrogate Parent Guidelines

8. These Children May be Living in:
Foster homes
Private group homes
State hospitals
Other health facilities
Residential treatment centers
With other family members (such as grandparents, etc.)
Slide 8: Review the settings in which the students may be living.

9. Legal Guardian
If a child has a legal guardian, a surrogate is not needed.
Also if someone (grandparent, etc.) is “acting” as the child’s parent at the request of the natural parent, this child does not need a surrogate.
Slide 9: Review when a surrogate may not be required
If the child has a legal guardian – legal documentation of this appointment from a court is required.
If the student is permanently living with a family member without the biological parent, then a surrogate is not needed

10. When Does a Student Not Need a Surrogate?
Parent’s educational rights have not been removed by the court
Parent maintains educational rights and has appointed their own representative
Court has appointed a guardian
Voluntarily placed residentially
18 years old or older with no conservator or guardian, regardless of level of functioning
Student is an emancipated minor
Student is married
Slide 10: This slide gives further examples of when a surrogate will not be required.
Review each bullet

11. IDEIA Guarantees Four Major Rights:
Individuals With Disabilities
Education Improvement Act
Guarantees Four Major Rights:
Free Appropriate Public Education (FAPE)
Placement in the Least Restrictive Environment (LRE)
Fair Assessment Procedures
Parent Involvement in Educational Decisions
Slide 11: Review the rights provide by IDEIA
Define each topic and the importance to the IEP process.
Distribute a copy of the Procedural Safeguards and provide an overview, the next slide focuses on Due Process.

12. IDEIA And Two Protections Individualized Education Program (IEP)
Due Process Procedures
Slide 12: Review the two protections and provide examples

13. Surrogate Parent Rights
Same rights regarding educational decisions as the parent
Surrogate is appointed to assure that the student’s rights are protected. These rights include:
FAPE in accordance with their IEP
Appropriate, nondiscriminatory educational
assessment in the child’s primary language
Educated in the LRE for his/her needs
Slide 13: Review the rights of the surrogate parent
These rights are only reflective of the parent’s rights in regards to special education laws

14. Surrogate Parent Rights
Inspect and have a copy of all the child’s educational records
Request changes in inappropriate or inaccurate information in student records
Be informed about assessment procedures, tests, and all results
Seek an independent assessment if he/she believes the school’s assessment is inappropriate
Slide 14: Review the list of what the rights afford the surrogate person
The surrogate parent should expect to receive the listed information
They have the right to request meetings and assessments
The surrogate parent is required to keep record of these item. These items should be kept confidential and returned to the district upon the student moving or the surrogate parent resigning.

15. More Rights Participate fully in planning the IEP
Receive info about special ed. services
Question the appropriateness of the student’s educational program
Decide of a proposed placement is appropriate for the child (and either agree or not agree to the IEP)
Talk with people involved with the student’s education & receive reports and communications
Slide 15: This slide provides more rights for the parents
Review these rights
Clarify what each bullet means and expectations
Mention the possible demands of time in regards to attending IEP meetings

16. More Rights
Review, help make decisions and propose changes in the student’s educational program
Request a parent/school conference, new evaluation, or planning meeting
Have an outside person and student attend any meeting, if appropriate
Slide 16: Discuss that the surrogate parent has the right to call a meeting with school staff as needed.

17. And More Rights ...
Be notified in writing when the school proposes any of the following:
assessment of the student
changing the student’s placement
changing the student’s IEP
calling an educational placement meeting
Receive information from the school about free or low cost
legal services for legal guidance
Initiate due process proceedings if needed
Participate in Resolution Sessions
Be informed if the school is beginning due process
Slide 17:
This reflects the use of the Prior Written Notice and the Surrogate Parent is the one who should be notified.
The Surrogate Parent can file complaints and due process to protect the students rights

18. Surrogate Parent Responsibilities
Organizing student records, keeping a file
Participating in IEP meetings
Sharing information about the student with IEP team
Monitoring student’s educational progress
Work collaboratively with the school and other agencies that work with the student
Represent the student in any complaint, due process or Resolution Session
Slide 18: Review the surrogate parent responsibilities
Strongly recommend the surrogate parent reads the SELPA Procedural Safeguards
Be sure to fully read the SELPA’s
“Notice of Procedural Safeguards and Parent’s Rights”

19. Learn About the Student
Explore the student’s educational needs by:
talking with he/she
Is required to meet with student at least 1 time
observing student at home, school, community
reviewing samples of school work
talking with teacher(s) and other professionals
Slide 19: The Surrogate parent should take time to meet with the student outside of the IEP meeting. They should become familiar with the student, their needs and their teachers.

20. Assessment Guidelines
No one test result can be used to place a student in special education
A team of people will conduct a multi-disciplinary assessment
Tests and other assessments should examine all areas of possible learning problems
Testing must be non-discriminatory
Slide 20: Review the pertinent assessment information stressing the following:
More than one test must be utilized to determine eligibility for special education.
More than one person needs to make the determination of eligibility (e.g. a team)
Testing should be in all areas of suspected disabilities (You may want to check for understanding as to what “all areas of suspected disabilities” means)
Testing materials must be non-biased and non-discriminatory.

21. IEP Participation
You can listen to the information shared regarding the student’s needs
You can ask questions
You can participate in the writing of the Goals and Objectives
You can discuss your student’s needs
Slide 21: Make sure you stress the importance of the surrogate parent’s participation in the IEP process.
Distribute a copy of SELPA’s current IEP forms. Point out the form where each topic will be addressed so the participants become familiar with form and what to expect during the IEP meeting.
It takes ALL IEP team members to
write an appropriate IEP that truly
meets the student’s needs.

22. What to Expect at the IEP Meeting
Student’s present levels of performance
Data regarding whether goals and objectives from last IEP were met
New annual goals and benchmarked objectives with transition plan (at age 16)
Specific listing of program and services to be provided (offer of FAPE)
Date for beginning and ending of the services
Slide 22: Explain how each point on this slide follows the IEP process and what to expect and how the surrogate parent can participate in these areas.
Remember, the surrogate parent should participate in the meeting in the same way as any parent is expected to participate in the IEP meeting.
Example, present levels – make sure the comments are accurate, stated in terms of what the student is able to accomplish….

23. What Else to Expect . . . Discussion of…..
State and district participation in assessment
Graduation requirements
Transition services (16 years and older)
The amount of general education participation or reason for not participating in general education
Transportation and Extended School Year
Slide 23: Please continue to review the IEP process using the same method as the previous slide.

24. Placement Options and LRE
By law, students receiving special education services must be placed in the “least restrictive environment” (LRE) .
What does this mean?
Students in special education must be educated “to the maximum extent appropriate” with children who are not disabled.
In other words, as close to the general education environment as possible, while still meeting the needs of the student.
Slide 24:
Provide the definition for LRE.
Clarify any question the participants may have.

25. Continuum of Services Slide 25:
Review the continuum of services, noting continuation of least restrictive to most restrictive.

26. Is the Surrogate Involved in Discipline Process?
Positive Behavior Support Plan
Functional Assessments
Manifestation Determination Review
Interim Alternative Educational Setting – maximum 45 school days
Slide 26:
Explain that the surrogate parent has the same involvement as any parent during the discipline process.
Discuss each step in the discipline process and what the surrogate parent can expect and how they can participate.

27. Your Signature Be sure to ask questions regarding anything
Do not agree to
anything you feel
is inappropriate
for the student
Your Signature
A Surrogate will be asked to sign all forms relating to the student’s special education program which may include:
Assessment plan (plan for testing the student)
IEP document
Release of Information form, if applicable
Amendment document
Slide 27:
The surrogate parent will sign consent to the IEP as the parent.
The are also expected to sign consent on the following:
Assessment Plan
Release of Information
Amendment
Be sure to ask questions regarding anything
you do not understand

28. Confidentiality What is confidential information?
It is important to respect the rights of the student and keep confidential information private.
What is confidential information?
All personally identifiable information
about a child in special education
All special education records .
As a surrogate parent, you will have information from the student’s school records, and discussions with school personnel which contain confidential information.
Slide 28:
Review with the participants the rules of confidentiality and that all information regarding the student shall remain confidential and not shared with anyone.

29. “It is one of the most beautiful compensations of this life,
that no man can sincerely try
to help another. . .
without helping himself.”
Ralph Waldo Emerson
Slide 29:
Have each participants complete the Roles and Responsibilities in the IEP Process Activity one more time and determine if there responses change from earlier
Ask participants if there are any questions
Read quote and stress how today’s learning will assist them in helping students in the future
Thank them for coming
Provide each participant with certificate, Acknowledgement of completion of the Surrogate Training.