Surrogate Parents in California: Appendix A (https://www.cde.ca.gov/sp/se/sr/documents/surrogateparents.pdf)
Statutory and Regulatory References
The text of pertinent federal and state statutes and regulations are provided below and are current as of July 2018.
Federal Statutes
Title 20, United States Code, Section 1415(b)(2)(A) and (B)
(2)(A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child. In the case of — (i) a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meet s the requirements of this paragraph; and (ii) an unaccompanied homeless youth as defined in section 11434a(6) of title 42, the local educational agency shall appoint a surrogate in accordance with this paragraph. (B) The State shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the agency that the child needs a surrogate.
Federal Regulations
Title 34, Code of Federal Regulations, Section 300.30 Parent
(a) Parent means —
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as the child’s p arent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 67
As of 11/18/2016
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