( California Government Code Section 7579.5[h] )
The surrogate parent may resign from his or her appointment only after giving notice to the LEA ( California Government Code Section 7579.5[g] ). It is advisable for LEAs to establish policies and procedures for the termination and resignation of appointed surrogate parents and to monitor the surrogate parents who are appointed to ensure that they perform their duties in the special education process and stay free of conflicts of interest. Parental rights automatically revert to the student’s parents when the parents re turn to assume their roles, unless their rights have been limited by a court. When the student reaches the age of majority, the student will assume the parental role within the IEP process.
The Roles of Public Non-educational Agencies and Foster Care Providers
This section describes the responsibilities of the non-educational agencies and foster care providers, provides information needed by these agencies, and highlights the need for interagency collaboration. It also addresses issues related to local ment al health providers’ involvement with appointed surrogate parents. The majority of youths who will require surrogate parents are those under the jurisdiction of a county agency (such as Social Services, public guardian, or Probation) or a state agency (such as the California Youth Authority, state hospitals, or developmental centers). Areas of concern are as follows:
• Determination of parental educational rights
• Notification regarding status of wards and dependent children
•
Interaction with LEAs and SELPAs
•
Interaction with surrogate parents
•
Confidentiality
• Mental health assessment and treatment
Since the non-educational agencies (including Regional Centers for the Developmentally Disabled) are charged with the responsibility of maintaining care, custody, and control over children, it is helpful if the agency staff and the surrogate parent understand each other’s roles and responsibilities.
Confidentiality
State and federal law protect the confidentiality of student records and limit the disclosure of such records. However, both state and federal law allow the parents to consent to the release of student information ( California Education Code Section 49076 and Title 20, United States Code, Section 1232g[b][1] ). Surrogate parents have all the rights that a natural or biological parent would have, including the right to consent to the release of student information.
The presiding judges of the juvenile courts in many counties have issued special orders outlining authorization to release information in specific circumstances. LEA administrators and surrogate
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 65
As of 11/18/2016
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