Surrogate Parents

Surrogate Parents / OAR 581-015-2320

SURROGATE PARENT DIRECTIONS

IDEA Definition of Parent

Definition of “Parent” The IDEA gives certain rights to parents of children with disabilities. A parent may be

  • A biological or adoptive parent of a child;

  • A foster parent of a child;

  • A legal guardian (other than a State agency) or other person legally responsible for the child’s welfare;

  • An individual acting as a parent in place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; or

  • A surrogate parent appointed by the school district or a juvenile court.

This rule does not apply if the biological or adoptive parent does not have legal authority to make educational decisions for the child.

If there is a court order or judicial decree identifying specific person(s) who can act as the parent of a child or to make educational decisions on behalf of a child, that person will be the parent for special education purposes.

Students who have reached 18 years of age, applicable younger students who marry, or who are legally emancipated, and without an established court guardian, are responsible for making decisions about their own education. Such students will have all of the IDEA parental rights as noted in the procedural rights booklet.

If you suspect a student may need a surrogate parent because:

  • The parent(s) cannot be identified or located after reasonable efforts

  • The child is a ward of the court*

  • The child is an unaccompanied homeless youth, then a surrogate must be named within 30 days To name a surrogate parent

  • Complete the SURROGATE PARENT APPLICATION FORM (The potential surrogate must sign the form)

  • Provide A COPY OF THE surrogate Q & A to the surrogate

Submit copies to the building administrator so NOMINATION LETTER may be generated and signed**

  • Mail NOMINATION LETTER to surrogate

  • Send all forms and letters to the District Office to be included in the student’s special education file

  • Contact your Feeder Team Contact Person or Special Programs Administrator if assistance is needed

*In the case of a child who is a ward of the court, a surrogate parent may alternatively be appointed by the judge overseeing the child’s care, provided the surrogate meets the requirements. **A sample nomination letter is included for use and/or adaptation by building administrator.