It is recommended that a surrogate parent’s agreement to serve be documented in writing. Some examples of appointment and agreement forms are included in appendix B.
Whenever possible, an introductory meeting before finalizing the appointment may be arranged for the child and potential surrogate to become acquainted. Such preliminary introductions may allay any serious reservations held by the potential surrogate or the child. Once a surrogate parent is appointed, notices should be sent to all staff involved in the residential care and education of the student. It is recommended that local policies be developed to ensure that the surrogate parent has appropriate access to the student, the student’s records, and the meetings necessary for the development and review of the IEP.
Chapter 5 – Appointment Duration, Termination, and Resignation of a Surrogate Parent
The surrogate parent may represent the child until any of the following circumstances are determined:
• The child is no longer in need of special education
• The minor reaches 18 years of age, unless the child chooses not to make educational decisions for himself or herself, or is deemed by a court to be incompetent
• Another responsible adult is appointed to make educational decisions for the minor
• The right of the parent or guardian to make educational decisions for the minor is fully restored
( California Government Code Section 7579.5[k] )
Since a surrogate appointment is contingent on a child’s eligibility for special education services, the surrogate paren t’s appointment lapses when an LEA no longer has the responsibility to provide a free appropriate public education to a student who is represented by a surrogate parent. For example, if a child ceases to be a resident of a particular LEA, the new LEA of residence would be obligated to provide the free appropriate public education. The sending LEA, when terminating the surrogate parent appointment, should notify the new LEA that a surrogate parent was previously appointed, so that the former surrogate parent may provide important information concerning the child’s educational needs to the new LEA and any new surrogate parent that may be appointed.
The LEA shall terminate the appointment of a surrogate parent if either of the following circumstances apply:
• The person is not properly performing the duties of a surrogate parent.
• The person has an interest that conflicts with the interests of the child entrusted to his or her care
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 64
As of 11/18/2016
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