Who Can Be a Surrogate Parent?
A surrogate parent must be a person appointed by the LEA to represent a student whenever the student does not have parental representation and has been referred for, or is currently being served in, special education ( California Education Code Section 56050; California Government Code Section 7579.5[c]; Title 34, Code of Federal Regulations, Section 300.519[d][2] ). In general, state and federal law mandate that each person appointed as a surrogate parent must meet the following requirements:
1. The surrogate shall not be an employee of a public or private agency involved in the education or care of the child.
2. The surrogate shall have no interest that conflicts with the interests of the child he or she represents.
3. The surrogate shall have knowledge and skills that ensure adequate representation of the child.
There are some exceptions to these requirements. For instance, for a student who is a ward of the court, the surrogate parent needs to meet only the first requirement of the law if the surrogate is appointed by the court. (For information about other court-appointed advocates, see appendix D.) In addition, for a homeless student, the surrogate parent may be an employee of an agency, if needed. An LEA shall select, as a first preference, a surrogate who is a relative caregiver, foster parent, or court-appointed special advocate. If none of these individuals are willing or able to serve, another person may be appointed to be the surrogate (California Government Code Section 7579.5[b]). The basic premise is that a surrogate parent will have the appropriate knowledge and skills required to adequately represent a student who receives special education and related services and who does not have parental representation in educational matters.
When Must a Surrogate Parent Be Appointed?
California Government Code Section 7579.5 specifies the following requirements for when a surrogate parent must be appointed:
A local educational agency shall appoint a surrogate parent for a child in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations under one or more of the following circumstances: (1)(A) The child is adjudicated a dependent or ward of the court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code upon referral of the child to the local educational agency for special education and related services, or if the child already has a valid individualized education program, (B) the court specifically has limited the right of the parent or guardian to make educational decisions for the child, and (C) the child has no responsible adult to represent him
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 52
As of 11/18/2016
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