Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) “Parent” does not include the state or any political subdivision of government.
(d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
2.1
Surrogate Parents
Federal Regulation, 34 C.F.R. § 300.519 , and California Education Code § 56050 , mandate the appointment of a surrogate parent to ensure the educational rights of a child with exceptional needs when 1) no parent can be identified, 2) after reasonable efforts, the parents’ whereabouts cannot be determined, 3) the child is a ward of the court and that court has limited the rights of the parents or guardian to make educational decisions regarding the child, or 4) the child is an unaccompanied homeless youth. The surrogate parent shall act as the child’s parent and have all rights as delineated in federal and state law. In order to meet the needs of the federal and state mandates, the DMSELPA staff supports the utilization of surrogate parents. LEA staff will provide training for surrogate parent nominees. Individual LEAs will determine which students require the services of a surrogate parent, nominate surrogate parent volunteers, determine if the surrogate parent has sufficient knowledge of the educational process as it relates to special education students, appoint the surrogate parent once they’ve been determined to be knowledgeable, supervise the surrogate parent, and then evaluate the surrogate parent annually. To be eligible, it must be established that the volunteer has no interest that would conflict with the interest of the student. For example, the volunteer cannot be employed by any LEA or hold a position that might restrict or bias his/her ability to make decisions regarding the student’s educational needs. Once the prospective surrogate has gained sufficient knowledge, the LEA is free to appoint the parent to serve as a surrogate for students with exceptional needs within that LEA. The surrogate parent may represent the student in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in all other
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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