SURROGATE PARENT

Surrogate parents per ODE:

(1) Each school district must ensure that the rights of a child are protected when:

(a) No parent (as defined in rule 3301-51-01 of the Administrative Code) can be identified;

(b) The school district, after reasonable efforts, cannot locate a parent;

(c) The child is a ward of the state under the laws of Ohio; or

(d) The child is an unaccompanied homeless youth

(2) Duties of the school district: The duties of a school district of residence under paragraph (E)(1) of this rule include the assignment of an individual to act as a surrogate for the parents. This must include a method:

(a) For determining whether a child needs a surrogate parent; and

(b) For assigning a surrogate parent to the child.

(3) Wards of the state In the case of a child who is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the child’s case, provided that the surrogate meets the requirements.

(4) Criteria for selection of surrogate parents

(a) A surrogate parent shall be assigned as soon as possible but no later than thirty days of the date that it is determined that the child is in need of the surrogate.

(b) The school district of residence maintains the ultimate responsibility for the assignment of a surrogate parent. If requested by the school district of residence and mutually agreed upon, the school district of attendance, county board of developmental disabilities (county board of DD), or other educational agency may appoint the surrogate parent.

(c) The school district of residence must ensure that a person selected as a surrogate parent: (i) Is not an employee of the Ohio department of education, the school district, or any other agency that is involved in the education or care of the child; (ii) Has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; (iii) Has knowledge and skills that ensure adequate representation of the child; and (iv) Has successfully completed the training prescribed by the Ohio department of education prior to acting on behalf of the child.

(5) Parent surrogates are not compensated.

(6) Neither the surrogate parent nor the authority that assigned the surrogate parent shall be liable in civil damages for acts of the surrogate parent unless such acts constitute willful or wanton misconduct.

(7) Appointment of surrogate by a judge If a surrogate parent is appointed by a judge overseeing the child’s case, upon the request of the judge, the school district of residence will confirm that the person appointed meets the requirements.

(8) A child who has reached the age of majority may request a surrogate parent.

(9) In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all of the requirements.

(10) The surrogate parent may represent the child in all matters relating to:

(a) The identification, evaluation, and educational placement of the child; and

(b) The provision of FAPE to the child.

The Parent Surrogate form should be completed by any person who knows of a child who may need special education services, and who is a ward of the State, or whose parents or guardian are not known or are not available.

If you are in need of a parent surrogate, follow these steps:

• 1. Contact Department of Student Services and request a Parent Surrogate

  2. Fill out the requested forms by the person who knows the child in relation to special education needs.

  3. DSS will assign a parent surrogate once forms received

  4. The person requesting then confirms with parent surrogate for all meetings relating to the child’s special education needs.

FORMS

Form OP-7: Assignment of a Surrogate Parent

https://education.ohio.gov/.../Form-OP-7-Assignment-of-a-Surrogate-Parent. doc.aspx

Whose IDEA Is This?

https://education.ohio.gov/...Parent.../Whose-IDEA.pdf.aspx

Ohio Operating Standards for the Education of Children with ...

https://education.ohio.gov/.../2014-Ohio-Operating-Standards-for-the- Education-of-Children-with-Disabilities.pdf.aspx

Ohio Required and Optional Forms | Ohio Department of Education

education.ohio.gov/Topics/Special...and.../Ohio-Required-Forms

RESOURCES

If you would like to become a Parent Surrogate, the following ODE link will give information regarding training: http://parentsurrogate.edresourcesohio.org