Surrogate Parents

Surrogate Parent Procedures and Guidelines

Under Part B of IDEA public school systems are required to protect the rights of child when their biological parent(s) cannot be identified, located or rights have been terminated:

Public Law 101-476 (IDEA) Implementing Regulations, 34 C.F.R.PARTS 300 & 301 

34 C.F.R. §300.519 Surrogate Parents 

(a) General. Each public agency must ensure that the rights of a child are protected when: 

• No parent (as defined in §300.30)* can be identified; 

• The public agency, after reasonable efforts, cannot locate a parent; or 

• The child is a ward of the State under the laws of the State of Tennessee. 

• The child is an unaccompanied homeless youth as defined in section 725 (6) of the McKinney – Vento Homeless Assistance Ace (42 U.S.C. 11434a(6). 

* 34 C.F.R. 300.30 defines a parent as a biological or adoptive parent of a child; a foster parent; a guardian authorized to make educational decisions; an individual acting in the place of a biological parent including a grandparent, stepparent or other relative with whom the child lives; or a surrogate parent. In Tennessee, a foster parent may act as a parent if the biological or adoptive parent’s authority to make educational decisions on the child’s behalf has been terminated and the foster parent has an ongoing relationship with the child for more than one (1) year in duration and is willing to make the educational decisions required of parents and has no interest that would conflict with the interest of the child. Otherwise, a surrogate parent must be appointed for a child in foster care.

What are the criteria for selecting surrogate parents? 

(1) the person selected is not an employee of the SEA (State Education Agency), the LEA, or any other agency that is involved in the education or care of the child; 

(2) the person selected has no personal or professional interest that conflicts with the interest of the child he or she represents; 

(3) the person selected has knowledge and skills that ensures adequate representation of the child. 

In addition to the above criteria, a Surrogate Parent should have the following: 

• have an interest in developing the potential of young people with disabilities 

• understand that individuals with disabilities have the right to education programs that will instruct and support them to be as productive and independent as possible 

• be willing to listen to the student, agency representatives, and school personnel and act in the best interest of the child. 

Note: Natural parents retain their rights with regard to the education of their children unless those rights are expressly abdicated. Therefore, a surrogate parent should be appointed only in the limited circumstances permitted by the IDEA and its regulations.

For full details regarding Surrogate Parent selection, training, etc. refer to the embedded Educational Surrogate Training Manual 2008 publication by TN Dept. of Education located to the right.  For further questions, contact Dr. Carolyn Kennedy carolyn.kennedy@cmcss.net.

Please note: it is very important for the Case Manager to call our surrogate parents prior to scheduling the meeting to ensure he/she is available. Surrogate parents, just like birth parents, are entitled to 10 calendar school days notice.