Surrogate Parents

XVII. Surrogate Parents

IDEA Regulations: Surrogate Parents

Section 300.519 Surrogate parents

(a) General. Each public agency must ensure

that the rights of a child are protected when—

1. No parent (as dened in §300.30) can be

identied;

2. The public agency, after reasonable efforts,

cannot locate a parent;

3. The child is a ward of the State under the

laws of that State; or

4. The child is an unaccompanied homeless

youth as dened in section 725(6) of the

McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11434a(6)).

(b) Duties of public agency. The duties of a

public agency under paragraph (a) of this

section include the assignment of an individual

to act as a surrogate for the parents. This must

include a method—

1. For determining whether a child needs a

surrogate parent; and

2. For assigning a surrogate parent to

the child.

who is a ward of the State, the surrogate

parent alternatively may be appointed by the

judge overseeing the child’s case, provided

that the surrogate meets the requirements in

paragraphs (d)(2)(i) and (e) of this section.

(d) Criteria for selection of surrogate parents.

1. The public agency may select a surrogate

parent in any way permitted under

State law.

Nebraska Rule 51: Surrogate Parents

92 NAC 51-009.10: Appointment of

Surrogates

009.10A. Each school district or approved

cooperative shall ensure that the rights of a

child with a disability are protected if:

009.10A1. No parent can be identied;

009.10A2. The school district or approved

cooperative, after reasonable efforts, cannot

locate a parent;

009.10A3. The child is an unaccompanied

homeless youth; or

009.10A4. The child is a ward of the State or

court.

009.10A4a. In the case of a child who is

a ward of the State, such surrogate may

alternatively be appointed by the judge

overseeing the child’s care provided that the

surrogate meets the requirements in 92 NAC

51-009.10D3.

009.10B. The duty of the school district

or approved cooperative under 92 NAC

51-009.10A includes the assignment of

an individual to act as a surrogate for the

parents. This must include a method;

009.10B1. For determining whether a child

needs a surrogate parent and,

009.10B2. For assigning a surrogate parent to

the child.

009.10C. The school district or approved

cooperative may select a surrogate parent in

any way permitted under State law and the

district or approved cooperative shall make

reasonable efforts to ensure the assignment

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IDEA Regulations: Surrogate Parents

2. Public agencies must ensure that a person

selected as a surrogate parent—

i. Is not an employee of the SEA, the LEA,

or any other agency that is involved in

the education or care of the child;

ii. Has no personal or professional interest

that conicts with the interest of the

child the surrogate parent represents;

and

iii. Has knowledge and skills that ensure

adequate representation of the child.

(e) Non-employee requirement;

compensation. A person otherwise qualied

to be a surrogate parent under paragraph

(d) of this section is not an employee of the

agency solely because he or she is paid by

the agency to serve as a surrogate parent.

(f) Unaccompanied homeless youth. In the

case of a child who is an unaccompanied

homeless youth, appropriate staff of

emergency shelters, transitional shelters,

independent living programs, and street

outreach programs may be appointed as

temporary surrogate parents without regard

to paragraph (d)(2)(i) of this section, until a

surrogate parent can be appointed that meets

all of the requirements of paragraph (d) of

this section.

(g) Surrogate parent responsibilities. The

surrogate parent may represent the child in all

matters relating to—

1. The identication, evaluation, and

educational placement of the child; and

2. The provision of FAPE to the child.

Nebraska Rule 51: Surrogate Parents

of a surrogate not more than 30 calendar days

after there is a determination that the child

needs a surrogate.

009.10D. In order to qualify, a surrogate must

be a person who:

009.10D1. Has no personal or professional

interest that conicts with the interest of the

child he or she represents;

009.10D2. Has knowledge and skills that

ensure adequate representation of the child;

and

009.10D3. Is not an employee of any public

agency which is involved in the education

or care of the child. A person who otherwise

qualies to be a surrogate parent is not an

employee of the agency solely because he

or she is paid by the agency to serve as a

surrogate parent.

009.10D3a. In the case of a child who is an

unaccompanied homeless youth, appropriate

staff of emergency shelters, transitional

shelters, independent living programs, and

street outreach programs may be appointed

as temporary surrogate parents without regard

to 92 NAC 51-009.10D3, until a surrogate

parent can be appointed that meets all the

requirements of 92 NAC 51-009.10D.

009.10E. The surrogate may represent the

child in all matters relating to:

009.10E1. The identication, evaluation, and

educational placement of a child; and

009.10E2. The provision of a free appropriate

public education to the child.

009.10F. The services of the surrogate parent

shall be terminated when:

XVII. Surrogate Parents 135

IDEA Regulations: Surrogate Parents

(h) SEA responsibility. The SEA must make

reasonable efforts to ensure the assignment

of a surrogate parent not more than 30 days

after a public agency determines that the child

needs a surrogate parent.

Nebraska Rule 51: Surrogate Parents

009.10F1. The child is no longer eligible for a

surrogate parent under 92 NAC 51-009.10A;

009.10F2. A conict of interest develops

between the interest of the child and the

interest of the surrogate parent; or

009.10F3. The surrogate parent fails to fulll

his or her duties as a surrogate parent.

009.10G. Issues arising from the selection,

appointment, or removal of a surrogate parent

shall be resolved through hearings established

under 92 NAC 55.

009.10H. The surrogate parent and the

school district or approved cooperative which

appointed the surrogate parent shall not be

liable in civil actions for damages for acts

of the surrogate parent unless such acts

constitute willful and wanton misconduct.

XVII. Surrogate Parents 136

District Considerations for Policy and Procedure Development

Policy considerations

When parents are represented in special education policy, include “parent, guardian, or appointed

surrogate” and then dene surrogate within overall policy consistent with 34 CFR § 300.519 and 92 NAC

51-009.10.

Procedural considerations

• What is included in the surrogate training? How and when is it scheduled? What methods are used?

• What are the qualications needed to be a surrogate? How are they selected for training?

• What training do school staff need to appropriately determine when a student may need an educational

surrogate?

• What should school staff do if a student appears to need a surrogate? How would staff know if the

student may need a surrogate?

• What is the procedure for assigning a surrogate to a child?

• What is needed at meetings to document the relationship to the child?

• How often is the assignment reviewed?

Guidance resources

• OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with

Disabilities: Surrogate Parents

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