are culturally sensitive to their assigned child ( California Government Code Section 7579.5[e] ). It is helpful to include information about cultural awareness when training individuals to become surrogate parents.
Foster Parents
When a court has limited the right of the parent or guardian to make educational decisions and has not assigned another responsible adult to do so, foster parents and care providers who live with the child in small foster family homes have the usual rights of parents to participate in educational decisions. The foregoing is true unless a court expressly excluded the foster parents from such decisions in a written order ( California Education Code Section 56055[b] ). For example, “The foster parent may represent the foster child for the duration of the foster parent - foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes” ( California Education Code Section 56055[a] ). State law allows these foster parents to be appointed as surrogate parents except when there is a conflict of interest ( California Government Code Section 7579.5[i] and [j] ). An additional factor to consider is that monies received by foster parents and small foster family home care providers are not regarded by the California Department of Social Services (DSS) as payment for contracted services but as reimbursements for expenses incurred on the child’s behalf. Foster parents may have a conflict of interest if changes in placement leading to residential placement are under consideration. A conflict of interest could arise if the foster parent seeks to retain the child in the current placement, since changing the residential placement of a child would mean a loss of income to the foster parent. Therefore, local “blanket” policies concerning conflicts of interest may be problematic regarding foster parents acting as surrogate parents. When substantial issues likely to result in a change in residential placement are faced by the IEP team, it is suggested that the LEA review surrogate parent appointments to address possible conflict-of-interest concerns ( Title 34, Code of Federal Regulations, Section 300.519[d][2][i] and [ii] and California Government Code Section 7579.5 [i] and [j] ). Each case should be determined on its own merits.
Step 3: Reviewing the Surrogate Parent Application
The application procedures for surrogate parents usually try to collect, at the outset, the following information:
• Facts that show the applicant does not have any interests that will conflict with the student’s interests in the area of special education
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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