• Assurance that the applicant has or is willing to acquire knowledge about the special educational interest of the student and the qualities and skills necessary to fulfill the role of surrogate parent • Facts that show the applicant is not an employee of a public, non-public, or private agency involved in the care or education of the student • Assurance that the applicant is willing to commit the time and energy necessary to effectively represent and advance the best interests of the student in educational matters It is helpful to develop or adapt forms for a surrogate parent application that ensures appropriate surrogate parent appointments. Generally, implementing districts include the following items in a surrogate parent application packet: (1) an application; (2) a disclosure statement to screen potential conflicts of interest; (3) an acknowledgment that the potential appointee will complete the local training program for surrogates; and (4) an agreement between the appointing agency and the surrogate parent that includes an assurance of confidentiality for student records. The application package may also include a personal-interest questionnaire, personal references for verification of personal information, releases of information for Department of Motor Vehicles screening, or even possible fingerprinting documentation, depending on the LEA’s procedures. If an LEA already has an existing volunteer program, it may be expeditious to adapt the program for surrogate parent appointment purposes.
Step 4: Screening for Conflict of Interest
Federal and state law mandate that the surrogate parent not have a conflict of interest ( Title 34, Code of Federal Regulations, Section 300.519[d][2][ii] and California Government Code Section 7579[i] ). Some factors to consider are provided below: • Whether the volunteer is employed by an LEA or any agency involved in the education or care of the student • Whether the volunteer holds a position that might restrict or bias his or her ability to represent the student’s educational nee ds • Whether the volunteer holds a position that might subject the volunteer to administrative influence or reprimand for acting as the student’s educational representative • Whether the volunteer has interests that might restrict or bias his or her ability to advocate for all the services required to ensure a free appropriate public education for an individual with exceptional needs Disclosures of financial interests are the primary measures that special education local plan areas (SELPAs) and LEAs may use to establish conflict-of-interest criteria. Currently adopted forms available at local or county personnel departments may be adapted as surrogate parent conflict-of- interest disclosure statements. It is advisable to complete the eligibility determination before the surrogate parent candidate is invited to a formal training. The Surrogate Parent Agreement sample form (see appendix B) contains possible terms and conditions that may be agreed on between the surrogate parent and the LEA. These terms and conditions pertain to the following areas:
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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