Surrogate Parents

If a child is living in a foster home and the parent's educational rights have been removed, the foster parent may serve as the "parent" for educational purposes, without needing to be formally appointed as a surrogate. This includes licensed or court-designated relative caretakers and nonrelative extended family members.

• Must not be employed by the State education agency, LEA, or any public/private agency involved in the child's education or care.
• Must have no conflicting interests and should possess the knowledge and skills to represent the child effectively.
• Whenever possible, the surrogate should be culturally sensitive to the child's background.

When a student with special education needs has no identifiable or locatable parent or guardian, the local educational agency (LEA)—usually the school district—or a court must promptly appoint a surrogate parent. This well-qualified individual may be a relative, foster parent, or community volunteer. The LEA is required to make reasonable efforts to appoint a surrogate within 30 days of determining the need, giving priority to relative caregivers, foster parents, or court-appointed special advocates. The chosen surrogate must have no conflicts of interest, must not be an employee of any agency involved in the student’s education or care (even if they're paid by the agency), and must possess the knowledge and skills necessary to adequately represent the student. In some cases, especially for wards of the state, a judge may instead appoint the surrogate.

• Retired teachers
• Social workers
• Probation officers (not employed by agencies involved in the child's education or care)

If a conflict of interest arises after the appointment, the LEA must immediately assign a new surrogate.

• Represent the child in all special education matters, including identification, assessment, IEP development, placement decisions, and consent for related services.
• May sign all IEP-related consent forms, including those for nonemergency medical, mental health, and therapy services.

• Surrogate parents are not appointed for children who are dependents or wards of the court unless the court specifically removes the parent's educational rights.
• Surrogates are not appointed for students who have reached the age of majority unless they are deemed legally incompetent.

Surrogate parents are protected from liability by the State of California when acting in their official capacity--except inc cases of wanton, reckless, or malicious behavior.

A parent/guardian may authorize another adult to represent their child's educational interests by either:

• Listing the names on the IEP meeting notice (for onetime representation); or
• Completing the "Designation of Educational Representative" form (SELPA form DM 104.1 - Student Appointment of Educational Representative, or DM 104.P - Parent Appointment of Educational Representative)