The LEA must examine the conservatorship documents to determine whether the conservator meets the legal requirements of a “parent” under state and federal law. Each situation involving a conservator must be analyzed individually to determine whether the LEA must appoint a surrogate parent.
For further information regarding the appointment and responsibilities of conservators, please visit http://www.courts.ca.gov/documents/gc350.pdf.
Adult Students in Special Education
When a student reaches the age of eighteen, adult rights accorded under California law include the authority to make decisions regarding his or her own education, unless the adult student chooses not to make decisions or a court deems the student incompetent (Education Code Section 56041.5). An LEA has no authority to appoint a surrogate parent for an adult student even if the IEP team considers the student incapable of participating in the educational process as a result of the student’s disabi lities. A court may appoint a conservator for this purpose, or an adult student may give permission for another person to act on his or her behalf. In addition, a surrogate parent appointed to represent a student before the student turns age eighteen may continue to represent the student after he or she turns eighteen if the student chooses not to make educational decisions for himself or herself (Government Code Section 7579.5[k]). (See section titled “Special Situations” in Chapter 5 for an example relate d to adult students). Chapter 2 – Responsibilities and Rights of Surrogate Parents The surrogate parent’s role is to represent the rights of a student with special education needs in all educational matters related to the provision of a free appropriate public education ( California Education Code Section 56050 ). This role gives surrogate parents certain rights within the educational process that are the same for any “parent,” with identical guarantees for participation in decision-making and procedural safeguards.
Responsibilities of the Surrogate Parent
Under current law, a surrogate parent shall serve as a child’s parent and has all the same rights as a child’s parent pertinent to special education and related services ( California Government Code Section 7579.5[c] ). A surrogate parent may represent an individual with exceptional needs in matters related to identification, assessment, instructional planning and development, educational placement, reviewing and revising the IEP, and in other matters related to the provision of a free appropriate public education to the individual ( California Education Code Section 56050[b] ). Notwithstanding any other provision of law, this representation shall include the provision of written consent to the IEP, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to Chapter 26.5 (commencing with Section 7570) of the Government Code ( California Government Code Section 7579.5[c] ).
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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