(commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
School administrators are encouraged to familiarize themselves with the definitions of “parent” set forth in California Education Code Section 56028 and Title 34, Code of Federal Regulations, Section 300.30 . It is also advised that school administrators determine the most efficient way to find out whether parents of children who are wards of the court have retained their educational rights. An LEA’s authority to appoint a surrogate may be exercised onl y when the parent(s) cannot be located or parental rights have been terminated. If the location of the parent(s) is known but the parent(s) fails or refuses to participate in the IEP meeting, the LEA may need to file for a due process hearing to obtain app roval for the district’s offer of a free appropriate public education. In this case, the LEA does not need, or have authority, to appoint a surrogate parent. In its publication of the 2006 regulations — Federal Register; Volume 71; Number 156; Monday, August 14, 2006, page 46689 — the federal Department of Education provided further clarification on this issue when responding to comments about IDEA: Comment : A few commenters recommended that placement meetings not be held, or decisions made, without a representative of the child. The commenters recommended appointing a surrogate parent when the biological or adoptive parent refuses to attend, or is unable to participate, in the placement meeting. Discussion : There is no statutory authority to permit the appointment of a surrogate parent when a parent is either unable or unwilling to attend a meeting in which a decision is made relating to a child’s educational placement. In section 615(b)(2) of the Act, a public agency does not have the authority to appoint a su rrogate parent where a child’s parent is available or can be identified and located after reasonable efforts, but refuses, or is unable, to attend a meeting or otherwise represent the child.
Educators are advised to consult with their legal counsel, as needed, to identify who has been assigned legal authority to make educational decisions for the child.
Conservatorship
Students who reach the age of majority — age eighteen — are presumed competent to make their own decisions. In some situations, a student over the age of eighteen, who is legally an adult, may have a conservator who will act on the student’s behalf for decisions about special education and related services. The term “conservator” refers to a person given legal authority and responsibility by the superior court to make decisions for an adult person, married minor, or married minor whose marriage has been dissolved who is not competent to make such decisions or to give informed consent. Duly appointed conservators can be identified by a document cal led “Letters of Conservatorship” issued by the court, pursuant to California Probate Code, Section 1800, et seq. The “Letters of Conservatorship” define the scope of the conservator’s power over the person and property of the incompetent adult.
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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