Surrogate Parent Procedures

Definition of a Parent Under the Individuals with Disabilities Education Act (IDEA)

The IDEA Part B regulations, (34 CFR §300.30) define a parent as: 

  • A biological or adoptive parent of a child. 
  • A foster parent‐‐unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent.
  • A guardian is generally authorized to act as the child's parent or authorized to make educational decisions for the child (but not the State if the child is a ward of the State).
  • An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare.
  • A surrogate parent is appointed in accordance with when a parent cannot be identified, and the school district cannot discover a parent's whereabouts.
  • A surrogate parent may also be appointed if the child is an unaccompanied homeless youth, an adjudicated dependent or ward of the court under the state Welfare and Institution Code and is referred to special education or already has an IEP.  

Definition of a Surrogate Parent A "surrogate parent" is an adult appointed by a Local Education Agency (LEA)/district or Special Education Local Plan Area (SELPA) to represent a student aged 0‐21 for the purpose of their Individualized Education Program (IEP) to ensure that the rights of the student to a Free Appropriate Public Education (FAPE) are protected. A surrogate parent may be appointed when the biological parents, or the parents as defined by IDEA, cannot be found, or the courts have removed their educational rights, and those rights have not been assigned to another. 

When to Appoint a Surrogate Parent 

An LEA/district shall appoint a surrogate parent for a student in accordance with 34 CFR §300.519 under one or more of the following circumstances: 

  • No parent can be identified; 
  • The public agency, after reasonable efforts, cannot locate a parent; 
  • The child is a ward of the State under the laws of the State, or the adult student is a ward of the court and has been found to be incompetent; 
  • The child is an unaccompanied homeless youth as defined in Section 725(6) of the 

McKinney‐ Vento Homeless Assistance Act (42 U.S.C. 11434a (6)); or 

  • The child is referred for Special Education. 

A child may need an interim surrogate parent when they are initially placed in a SELPA to meet the requirements for immediate educational placement, while the status or location of the child's parent is researched. These children may be living in the following settings:

  • Foster home 
  • Private group home
  • State hospitals and other health facilities
  • Correctional facilities 
  • Residential treatment centers 

Reasonable efforts to contact parents include, but are not limited to, the following measures: 

  • Documented phone calls 
  • Letters, certified letters with return receipts 
  • Documented visits to the parent's last known address 
  • The placement of an agency notice of a court order that terminates parents' rights 

If the efforts above fail to locate the parent or to obtain parent status notification from the placing agency, an interim surrogate parent appointment may be necessary. A surrogate parent shall be appointed not more than 30 days after the LEA/district determines that a student needs a surrogate parent (EDC §7579.5 (a)). This appointment will facilitate timely IEP review, establish consent for special education assessment, or both. 

When a Surrogate Parent is Not Needed 

The following are instances in which a surrogate parent does not need to be appointed: 

  • The parent's educational rights pertaining to the student have not been removed by a court. 
  • The parent maintains educational rights and has appointed their own educational representatives for their child. 
  • A court has appointed a guardian for the student. 
  • The student was voluntarily placed in a residential facility. 
  • The student is 18 years of age or older, and they do not have a conservator or guardian, regardless of the individual's functional level. 
  • The student is an emancipated minor. 
  • The student is married. 
  • The student has a legal guardian. 
  • The student has someone "acting" as the child's parent, such as a grandparent or other family member, and the child resides with this person and is defined as a "parent" according to 34 CFR §300.30. 

Who to Appoint as a Surrogate Parent 

Individuals who may serve as surrogate parents include, but are not limited to, foster care providers, retired teachers or school district administrators, social workers, and probation officers who are not employees of the State Department of Education, the local educational agency, or any other agency that is involved in the education or care of the child. A public agency authorized to appoint a surrogate parent under this section may select a person who is an employee of a nonpublic agency that only provides non-educational care for the child. An individual, who would have a conflict of interest, for the purposes of this section, means a person having any interest that might restrict or bias his or her ability to advocate for all of the services required to ensure that the student has a free appropriate public education. 

A person who otherwise qualifies to be a surrogate parent under this section is not an employee of the LEA/district solely because they are paid by the LEA/district to serve as a surrogate parent. 

When appointing a surrogate parent, the LEA/district shall, as a first preference, select a relative caretaker, foster parent, or Court‐Appointed Special Advocate (CASA) if any of these individuals exist and are willing and able to serve. If none of these individuals are willing or able to act as a surrogate parent, the LEA/district shall select the surrogate parent. If the child is moved from the home of the relative‐caretaker or foster parent who has been appointed as a surrogate parent, the LEA/district shall appoint another surrogate parent if a new appointment is necessary to ensure adequate representation of the child. 

To find an approved list of surrogate parents fingerprinted and trained, please refer to the list in the SEIS Document Library. 

Responsibilities/Expectations of a Surrogate Parent 

The surrogate parent shall serve as the child's parent for the purpose of the IEP process and shall have the rights relative to the child's education that a parent has under 20 U.S.C. § 1400 (2004) and pursuant to 34 CFR §300.1. The surrogate parent may represent the child in matters relating to special education and related services, including: 

  • Identification 
  • Assessment 
  • Instructional Planning and Development of the IEP 
  • Educational Placement 
  • Reviewing and Revising the IEP
  • Other matters related to a free and appropriate public education (FAPE) 

The surrogate parent serves as the child's parent and has parental rights relative to the child's education under 20 U.S.C. § 1400 (2004).

Monitoring Surrogate Parents 

If a surrogate parent is not performing the duties appropriately or if the surrogate has a conflict of interest, the LEA/district shall terminate the appointment. The surrogate parent may represent the child until: 

  • The child is no longer in need of special education;
  • The student reaches the age of majority;
    • The age of majority is the legally defined age at which a person is considered an adult, with all the attendant rights and responsibilities of adulthood.
  • The biological parent is found, or the court restores educational rights to the parent. 

The LEA/district should inform the SELPA when a student requires a surrogate parent. The SELPA should also be notified when a surrogate no longer represents a student. 

Surrogate Parent Safeguards 

A surrogate parent: 

  • Is held harmless by the State of California during the execution of duties except when actions are found to be wanton, reckless, or malicious. 
  • May inspect and have copies of all student educational records.
  • Has permission to request changes when inappropriate or inaccurate information is contained in the student's records.
  • Should be informed about assessment procedures, tests, and all results.
  • May seek an Independent Educational Evaluation (IEE).
  • Shall participate fully in the planning of the student's IEP.
  • Can decide if the proposed offer of FAPE is appropriate for the student by either signing or refusing to sign the IEP.
  • Should receive progress reports and regular routine communications.
  • May request a teacher conference, new evaluation, or IEP as deemed necessary by the surrogate.
  • Should be notified in writing when the school proposes any educational changes.
  • May initiate due process proceedings.
  • Should be informed if any due process proceedings have been initiated.
  • Receives information about all other State and local agencies that provide services to special education students (EDC §56050(b)).