Who is considered a "parent"?

1. A biological or adoptive parent, in Minnesota if the parents were married at the time of the birth both parents are considered legal parents.

2. If the parents weren’t married at the time of the birth, the mother holds Sole Custody, unless there is a “Minnesota Voluntary Recognition of Parentage”. If the father has Recognition of Parentage, then he is considered a “legal parent” and has the same legal rights as parents that were married at the time of the birth, unless there is a “Custody” agreement.

3. A guardian assigned to by a court.

4. A Grandparent, Uncle, or other adult who is “acting in place” of the parent with whom the child lives, or a person who is legally responsible for the child’s welfare can be considered “a parent.” In this case, you can’t find the biological parents. You do not need to assign a surrogate.

EXCEPTION:

If a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent” for purposes of this section. You will need to see the documentation to support this exception.

divorced parents:

There is a difference between legal custody and physical custody. For special education purposes; you need to concerned with who holds the "Legal Custody". 

Your job is to ask for a copy of the most recent custody agreement from BOTH parents; you cannot just go off of what one parent tells you.

1. If parents are divorced and both parents have joint legal custody, then both parents have the right to be part of the educational process. You need to send paperwork to both sets of parents and they both should be on any team meeting notices.

2. If they both have joint legal custody and one parent agrees to service, but the other does not, then as a district we can do nothing until the parents agree. As an example, you send a PWN for an initial evaluation home, one parent checks 'yes', the other checks 'no'. You may not proceed with the assessment until all parties agree.

3. If one parent has sole legal custody, then that parent is the educational decision maker. The other parent has a right to participate in the process, but does not have the final authority. You would still invite the non-legal custody holder to IEP meetings and they get a copy of all paperwork.

surrogate parent:

Who has authority to appoint a surrogate parent?

1. A judge may appoint a surrogate parent, but not appoint a social worker as a surrogate.

OR

2. A school district is also responsible to assign an individual as a surrogate if one has not been appointed by a judge.

What specific should a school district follow when appointing a Surrogate Parent?

1. The person is not an employee of the State or local education agency, or any other agency involved in the education or care of the child.

2. The person has no personal or professional interest that conflicts with the interest of the child, and

3. The person has knowledge and skills that ensure adequate representation of the child.

When do you need to assign a Surrogate Parent?

1. When the Parent(s) are unknown or unavailable and you have documented multiple attempts to locate the parent, unless an individual is "acting in place of a parent". 

2. The pupil is a ward of the State, unless there is a judicial decree giving someone authority.

3. The parent requests a surrogate parent in writing.

4. An unaccompanied homeless youth.

A foster parent may be considered to be a parent if:

1. The natural parents right are terminated.

2. The foster parent has a long-term relationship with the child (not defined by law).

3. The foster parent is willing to take the parent role in special education, and

4. The foster parent has no conflict of interest.

If a foster parent meets the qualification above, he or she would be considered to be the parent, NO surrogate would need to be appointed. 

If you have a student who has a Tribal Social Worker, please contact your Special Education Administrator for further guidance on who can make educational decisions.