The surrogate parent may sign any consent related to IEP purposes ( California Education Code Section 56050[b] ).
Because a surrogate parent may represent a child in all matters related to the special educational process ( Title 34, Code of Federal Regulations, Section 300.519[g] ), the surrogate parent should learn as much as possible about the child with disabilities to appropriately represent the rights of the child throughout the special education process. Federal regulation requires that LEAs ensure that a person selected as a surrogate parent has knowledge and skills that ensure adequate representation of the child (Title 34, Code of Federal Regulations, Section 300.519[d][2][iii]). Additionally, state law requires that the surrogate parent meet with the child at least one time ( California Government Code Section 7579.5[d] ). Although not explicitly required by law, CDE recommends that LEAs provide training to each prospective surrogate parent before he or she is appointed for a specific child.
Rights of Surrogate Parents
The surrogate parent’s rights necessarily include access to educational records relevant to any decisions made regarding the educational program of the child. That is, the surrogate parent has the right to examine any records collected, maintained, or used by an agency to make decisions affecting the child’s educational program within five business days of the information request, just like other parents ( California Education Code Section 56504 ). Surrogate parents and the LEAs that appoint them are held harmless by the state of California when acting in their official capacity except in acts or omissions found to have been wanton, reckless, or malicious ( California Government Code Section 7579.5[l] ). When a student is being considered for suspension or expulsion, or there is a dispute over the identification, assessment, or placement of the student, the surrogate parent is entitled to participate as the “parent” in all phases of the proceedings ( California Education Code sections 48900, et seq. and 56505, et seq. ). Surrogate training should include information regarding parents’ procedural rights during suspension or expulsion proceedings and due process hearing procedures. If a surrogate parent requires legal assistance in the representation of the child, the LEA must provide information about low-cost legal resources, just as it would provide this information for other parents ( California Education Code Section 56502[h] ). More information about parents’—and therefore surrogate parents’— procedural rights is available in the California Department of Education’s Notice of Procedural Safeguards at https://www.cde.ca.gov/sp/se/qa/pseng.asp.
Chapter 3 - When to Appoint Surrogate Parents
This chapter presents procedural considerations for the LEA in appointing a surrogate parent. As described earlier, each public agency must ensure that the rights of a child are protected by determining the need for and by assigning a surrogate parent whenever the child is referred to or is eligible for special education and one or more of the following circumstances apply:
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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