The LEA shall ensure that procedures are established and maintained for the assignment of an individual to act as a surrogate for the parents upon referral of the child to a LEA for special education and related services or, in cases where the child already has a valid IEP, under the following circumstances: 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 and the parents have had their educational rights removed by a court of law.
If the child lives in a foster home, and the parents have had their educational rights removed, the Foster Parent may fulfill the role of “parent” for educational purposes as long as the child resides in the home. A foster parent shall include a person, relative caretaker, or nonrelative extended family member who has been licensed or approved by the county welfare or probation department or the State Department of Social Services or who has been designated by the court as a specified placement. A foster parent does not have to be designated as a surrogate.
The individual appointed to act as a surrogate shall not be an employee of the State education agency, the LEA, or any other public or private agency that is involved in the education or care of the child. The surrogate shall have no interest that conflicts with the interest of the child he or she represents and shall have knowledge and skills that ensure adequate representation of the child. An individual who would have a conflict of interest means a person having any interest that might restrict or bias his or her ability to advocate for all of the services required to ensure a free appropriate public education for the child with a disability. As far as practical, a surrogate parent should be culturally sensitive to his or her assigned child.
When appointing a surrogate parent, the LEA shall, as a first preference, select a relative caretaker, or court appointed special advocate, if any of these individuals exist and are willing and able to serve. If none of these individuals are willing or able to act as a surrogate parent, the LEA shall select the surrogate parent of its choice. If the child is moved from the home of the relative caretaker who has been appointed as a surrogate parent, the LEA shall appoint another surrogate parent.
Except for individuals who have a conflict of interest in representing the child, individuals who may serve as surrogate parents include, but are not limited to, retired teachers, social workers, and probation officers who are not employees of a public agency involved in the education or care of the child. If a conflict of interest arises subsequent to the appointment of the surrogate parent, the LEA shall terminate the appointment and appoint another surrogate parent.
The surrogate parent shall serve as the child's parent and shall have the rights relative to the child's education that a parent has as specified in the IDEA. A surrogate parent may represent a child with a disability in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the Individualized Education Program, and in other matters relating to the provision of a free appropriate education to the individual. This representation shall include the provision of written consent to the IEP including nonemergency medical services, mental health treatment services and occupational or physical therapy services. The surrogate parent may sign any consent relating to IEP purposes.
A surrogate parent shall not be appointed for a child who is a dependent or a ward of the court unless the court specifically limits the right of the parent or guardian to make educational decisions for the child or for a child who has reached the age of majority unless the child has been declared incompetent by a court of law.
A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions which are found to have been wanton, reckless, or malicious.
The parent or guardian of a child with a disability may designate another adult individual to represent the interests of the child for education and related services. This may be done for one meeting only by indicating the name of the representative on IEP meeting notice, or on a long term basis by filling out the “Designation of Educational Representative” form.
The SELPA maintains a list of trained volunteers willing to serve as Surrogates. E-mail Lisa Garcia at lgarcia@vcoe.org for the list. (Available to SELPA Administrative staff only)