SURROGATE PARENT ROLES AND RESPONSIBILITIESA presentation by the El Dorado County Office of

Education Charter SELPA (adapted from a presentation developed by Riverside County SELPA)

Training Objectives Examine basic roles, rights, responsibilities,

qualifications, and qualities of surrogate parents Develop an awareness of the federal and state laws

and regulations which safeguard the rights of children with disabilities and their surrogate parents

Develop an awareness of the IEP process Examine the role and responsibilities of surrogate

parents in the IEP process Discuss techniques for effective surrogate parents in

the IEP process

What Is A Surrogate Parent?

A surrogate parent is a person appointed by the local education agency (LEA) or special education local plan area (SELPA): To represent a student for the purpose of

their individualized education program (IEP)To ensure that the rights of the student to a

free appropriate public education (FAPE) are protected

What Are the Responsibilities of the LEA?

The LEA is responsible for the assignment of an individual to act as a surrogate for the parent(s). This must include a method for:Determining whether a child needs a

surrogate parentAssigning a surrogate parent to the child

Who Can Be A Surrogate Parent?

A surrogate parent must: Have knowledge and skills to adequately represent the

student Be culturally sensitive to the studentA surrogate parent must not: Be an employee of a public agency involved in the education

or care of the student Be an employee of a private agency involved in the

education of the student

A LEA shall, as a first preference, select a surrogate who is a relative caregiver, foster parent, or court-appointed special advocate.

What’s the difference between the surrogate’s role and the parent’s

role?

Local training requirements, as stipulated in the local plan

The term of appointment The fact that the surrogate parent’s

service may be terminated if a conflict of interest arises that may affect the child’s educational program

Group Home Employees and Foster Parents

Group home operators or employees are not eligible Foster parents are allowed to represent students

unless They have a conflict of interest The placement is short-term (less than 6 months – not

ongoing or long-term) There is a Minute Order assigning educational rights to a

specific person

A surrogate parent must not have a conflict of interest. If one arises, it is the responsibility of the surrogate to notify the LEA and the SELPA immediately.

Conflict of Interest

“An individual who would have a conflict of interest…Means a person having any interests that might restrict or bias his/her ability to advocate for all of the services required to ensure a free appropriate public education for an individual with exceptional needs.” (Govt. Code Section 7579.5(3)(e))

When Is a Surrogate Parent Appointed?

Student does not have a parent, guardian or conservator, or one can’t be located

Student is a ward or dependent of the court, the court has removed parent’s rights to make educational decisions and has not assigned anyone else

Student is an unaccompanied homeless child or youth

These children may be living in:

Foster homes Private group homes State hospitals Other health facilities Residential treatment centers

Legal Guardian If a child has a legal guardian, a

surrogate is not needed If someone (grandparent, etc.) is

“acting” as the child’s parent at the request of the natural parent, a surrogate is not needed

IDEIA – Individuals with Disabilities Education Improvement Act

Guarantees students with disabilities: Free Appropriate Public Education (FAPE) Placement in the Least Restrictive

Environment (LRE) Fair assessment procedures Parent involvement in educational

decisions

IDEIA – Individuals with Disabilities Education Improvement Act

Offers two major protections: Individualized Education Program

(IEP) Due Process Procedures

How Long May a Surrogate Represent a Student?

A surrogate may represent the child until any of the following are determined: The child is no longer in need of special education The minor reaches 18 years of age 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

The surrogate parent may resign from his or her appointment only after giving notice to the LEA

Surrogate Parent Rights

Same rights regarding educational decisions as the parent

Surrogate is appointed to assure that the student’s rights are protected. These rights include: FAPE in accordance with their IEP Appropriate, nondiscriminatory educational

assessment in the child’s primary language Educated in the LRE for his/her needs

Surrogate Parent Rights (cont.)

Inspect and have a copy of all educational records Request changes in inappropriate or inaccurate

information in student records Be informed about assessment procedures, tests,

and results Seek an independent assessment when appropriate Give written consent for nonemergency medical

services, mental health treatment services, and occupational or physical therapy services when there is a need for local mental health involvement.

Surrogate Parent Rights (cont.)

Participate fully in planning the IEP Receive information about special education

services Question the appropriateness of the student’s

educational program Decide if a proposed placement is appropriate for

the child Agree/disagree with parts or all of the IEP Participate in disciplinary (suspension/expulsion)

hearings

Surrogate Parent Rights (cont.)

Talk with people involved with the student’s education and receive reports and communications

Review, help make decisions and propose changes in the student’s educational program

Request a parent/school conference, new evaluation, or planning meeting

Have an outside person and student attend any meeting, if appropriate

Request an IEP meeting if needed

Surrogate Parent Rights (cont.)

Receive information from the school about free or low cost legal services for legal guidance

Initiate due process proceedings, when necessary Participate in resolution sessions Be informed if the school is beginning due process Be notified in writing when the school proposes any

of the following: Assessment of the student Changing the student’s placement Changing the student’s IEP Calling an educational placement meeting

Can a Surrogate Be Held Liable?

Surrogate parents are held harmless when acting in their official capacity except in acts or omissions found to have been wanton, reckless, or malicious (California Government Code Section 7579.5(l))

Surrogate Parent Responsibilities

Organize and maintain student records Participate in IEP meetings Share information about the student with the IEP

team Monitor the student’s educational progress Work collaboratively with the school and other

agencies involved with the student Represent the student in any complaint, due

process, or ADR session Be familiar with the Procedural Safeguards

Learn about the StudentLearn about the student’s educational needs by: Meet the student at home, school, or in the

community Review samples of the student’s work Talk with the student’s teacher(s) and other

professionals Learn about the student’s area of disability

Assessment Guidelines No one test result can be used to place

a student in special education A team of people will conduct a multi-

disciplinary assessment Tests and other assessments should

examine all areas of possible learning difficulties

Testing must be non-discriminatory

IEP ParticipationThe surrogate should: listen to the information shared regarding the student’s needs ask questions participate in the writing of the goals and objectives discuss the student’s strengths and needs identify concerns

It takes all members of the IEP team to fully develop an appropriate IEP that truly meets the student’s needs.

What to Expect at the IEP Meeting

Student’s present levels of performance Data regarding whether goals and objectives from the last

IEP were met New annual goals will be developed A transition plan will be developed if the student is 16 or

older, or if the student will turn 16 before the next annual IEP Specific listing of program and services to be provided (offer

of FAPE) Date for beginning and ending of services Discussion of any behavioral concerns and possible

development of a behavior plan

What Else to Expect…Discussion of… How student will participate in state and district assessments Graduation requirements Transition services (16 and older) The percentage of time the student will participate in general

education or reason for not participating in general education Transportation Extended School Year

Placement Options and LRE

By law, students receiving special education services must be placed in the “least restrictive environment” (LRE)

This means: Students in special education must be

educated “to the maximum extent appropriate” with children who are not disabled

Continuum of ServicesLeast Restrictive •General education

•General education with Related Services (RS)•General education with Resource Specialist Program (RSP)

•Special Day Class at home school (SDC)•Special Day Class at another public school in the school district

•Non-Public School (NPS)•Home and hospital instruction

Most Restrictive •Residential placement•Institutional placement

Is the Surrogate Involved in the Discipline Process?

Positive Behavior Support Plan Functional Assessments Manifestation Determination

Review Interim Alternative Educational

Setting – 45 school days

Signature

A surrogate will be asked to sign all forms relating to the student’s special education program, including: Assessment plan IEP document Release of Information

Make sure to ask questions regarding anything you do not understand.

ConfidentialityState and federal law protect the confidentiality of student records and limit the disclosure of such records. Confidential information includes: All personally identifiable information about a

child in special education All special education records

When the surrogate’s appointment ends, all records should be properly returned to the LEA or destroyed.

What If I Have Additional Questions?

Please feel free to contact the El Dorado County SELPA:

530-295-2462

Thank you for your time and dedication!