Introduction
The federal Individuals with Disabilities Education Act (IDEA) requires assurances from states receiving federal funds for the provision of special education that surrogate parents will be appointed for students with disabilities who are without parental representation in special education procedures. In compliance with this federal mandate, California Government Code Section 7579.5(m) requires the California Department of Education to “develop a model surrogate parent training module and manual that shall be made available to local educational agencies.” Surrogate Parents in California Special Education: An Overview is intended for use as a reference to assist local educational agencies (LEAs) in developing and implementing procedures for parental representation that comply with federal law. Many LEAs already have their own policies and procedures related to the appointment of surrogate parents and educators. Readers are encouraged to review those materials for more specific information pertinent to their region.
An accompanying model surrogate parent training module is published on the California Department of Education’s website at California Department of Education.
This manual was developed by the California Department of Education.
Chapter 1 – A Legislative Overview
In 1975 the United States Congress enacted the Education of All Handicapped Children Act (EAHCA) ( Title 20, United States Code, Section 1400, et seq.) to support states and localities in protecting the rights of, meeting the individual needs of, and improving educational results for infants, toddlers, children, and youths with disabilities and their families. Among the protections this law introduced was the assurance that a surrogate parent would be provided when necessary for a student who receives special education (Public Law 94-142, Section 5[a]). An individual was to be appointed as a surrogate parent when no parent could be identified or located, or when the student was a ward of the state. The role of the surrogate parent was to represent the student in all matters relating to the identification, evaluation, educational placement, and provision of a free appropriate public education, or FAPE. In 1990 California provided more specific direction for the appointment of a surrogate parent by enacting Assembly Bill 1528, which prohibited the appointment of individuals who would have a conflict of interest in representing the child. Assembly Bill 1528 was codified as California Government Code Section 7579.5 . At the federal level, the EAHCA was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, and substantive amendments were made to it in 1997. The IDEA established the rights of students, from birth through twenty-one years of age, to a free appropriate public education. In 2004 the IDEA was reauthorized and signed into law, revising certain requirements related to the assignment of surrogate parents ( Title 20, United States Code, Section 1415[b][2)][A] and [B] ).
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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