Surrogate Parent Info
FACT SHEET
Surrogate Parents Q & A - OARs
Surrogate Parents and Unaccompanied Homeless Youth under IDEA
HSD Surrogate Parent Application
1.0 Surrogate parents are individuals appointed to act in place of a parent to participate in making special education decisions for a child. A surrogate parent is appointed for a child with a disability when?
The parent cannot be identified or located after reasonable efforts; or
The child is a ward of the court; or
The child is an unaccompanied homeless youth as defined in the McKInney Vento Homeless Assistance Act.
2.0 The surrogate parent is responsible for protecting the student’s special education rights. This includes understanding the child’s handicapping condition and education needs and representing the child in all matters related to special education services including: identification, evaluation, individualized education program, placement, and termination of services
3.0 In fulfilling this responsibility, the surrogate parent has the same rights as the natural parent or legal guardian. These include the following rights.
The right to prior notice of the district’s intent to deny, initiate, change, or terminate special education services.
The right to sign permission for evaluation and placement of the student.
The right to participate in developing the student’s individualized education program (IEP) an determining and reviewing placement.
The right to access the student’s records, to challenge their accuracy, and to release them to a third party in the interest of protecting the student’s rights regarding specific district actions affecting special education services.
The protection of all procedural safeguards provided for handicapped students and their parents in federal and state law.
4.0 However, the surrogate parent’s authority does not extend beyond matters directly related to the student’s special education services. The following limitations apply:
The surrogate parent’s authority does not extend to the care, maintenance, or custody of the child, to foster home placement of the child, or to any other area not specifically related to protecting the child’s special education rights.
The surrogate parent is not responsible for identification, evaluation, or other actions relating to aspects of the students’ education other than special education services.
The surrogate parent may not release a student’s records to a third party for any purpose not directly related to eligibility, programming, or placement for special education services. He or she may not authorize release of records to another school district when the student transfers or moves.
5.0 A surrogate parent cannot be held liable for actions taken in good faith on behalf of the parent to protect the child’s special education interests.
6.0 A surrogate parent’s contact with the child he or she represents may have some limitation. Schools and residential agencies must take reasonable precautions to ensure the welfare of children in their custody. However, the surrogate parent would have the same visitation rights as the parents themselves.
7.0 A parent may give written consent for a surrogate to be appointed when:
A parent does not wish to participate, or circumstances clearly make it not feasible for the parent to participate in protecting the special education rights of the child; or
The parent lives at such a distance from the child’s education placement that it is not practical to participate in protecting the special education rights of the child.
When a parent requests that a surrogate be appointed, the parent retains all parental rights to receive notice under OAR 581-015-0063 (Parent Participation), 581-015-0079 (Notice of Procedural Safeguards) and all of the information provided to the surrogate. The surrogate, alone, shall be responsible for all matters relating to the special education of the student unless the parent revokes consent for the surrogate’s appointment.
If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.
8.0 A student to whom rights have transferred at age of majority may give written consent for a surrogate to be appointed.
9.0 When a student requests that a surrogate be appointed, the student shall retain all rights to receive notice under OAR 581-015-0063, 581-015-0067, and 581-015-0079, and all of the information provided to the surrogate. The surrogate, alone, shall be responsible for all matters relating to the special education of the student unless the student revokes consent for the surrogate’s appointment. If a student gives written consent for a surrogate to be appointed, the student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.
10.0 Each school district shall ensure that each person approved to serve as a surrogate:
Is not an employee of the school district or the Department of Education.
Is not an employee of any other agency involved in the education or care of the student except for an employee of a non-public agency that only provides non-education care for the student.
Is free of any conflict of interest that would interfere with representing the student’s special education interests.
Has or can acquire the necessary knowledge and skills to protect the special education rights of the student.
The school district may change or terminate the appointment of a surrogate when:
The person appointed as surrogate is no longer willing to serve.
The student reaches 21 years of age or the student’s elementary/secondary schooling is terminated.
The student is no longer eligible for special education services.
The legal guardianship of the student is transferred to a person who is able to carry out the role of the parent.
A foster parent is identified who can carry out the role of parent under OAR 581-015-005.
The parent, who previously could not be identified or located, is now identified or located.
The appointed surrogate is no longer eligible.
The parent revokes consent previously given for a surrogate to be appointed. A written request to the Student Services.. A copy is placed in the student’s file.