Appointment of Surrogate Parents for Special Education and Early Intervention Services

Appointment of Surrogate

Parents for Special Education and Early

Intervention Services

May 10, 2023

Note: This document supersedes Surrogate Parents and Special

Education Decision-Making Guidance (2015) to provide updated

guidance.

Michigan Department of Education

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Table of Contents

Appointment of Surrogate Parents for Special Education and Early Intervention

Services..................................................................................................... 3

Introduction ............................................................................................. 3

Federal and State Requirements ................................................................. 4

Part B in Michigan: Ages 3-26 .................................................................. 4

Part C in Michigan: Birth to Three ............................................................. 4

Surrogate Parent Appointment Requirements ............................................. 6

Part B and Part C in Michigan: Birth to 26 .................................................. 6

Residential Placements ........................................................................... 7

Wards of the State ................................................................................. 7

Unaccompanied Homeless Youth .............................................................. 8

Age of Majority ...................................................................................... 9

Guardianship of Adult Students ................................................................ 9

Responsibilities of Public Agency ................................................................. 9

Appointing a Surrogate Parent .................................................................. 10

Surrogate Parent Qualifications .............................................................. 11

Recruiting Surrogate Parents ................................................................. 12

Collaboration with Other Agencies .......................................................... 13

Training of Surrogate Parents ................................................................ 13

Surrogate Parents Responsibilities ............................................................. 14

Surrogate Parent Rights ........................................................................... 15

Length of a Surrogate Parent Appointment ................................................. 16

Resources ............................................................................................. 16

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Appointment of Surrogate Parents for Special Education

and Early Intervention Services

Introduction

The Individuals with Disabilities Education Act (IDEA) requires states to ensure a

child without a parent or guardian, as defined in the IDEA, is appointed a surrogate

parent to make educational and early intervention decisions for the child. This

guidance document is intended to assist public agencies, in the development and

implementation of surrogate parent procedures, consistent with IDEA and the

Michigan Administrative Rules for Special Education (MARSE).

A public agency is defined by Part B of the IDEA regulations at 34 CFR §300.2(b):

Public agencies within the State. The provisions of this part—

• A

pply to all political subdivisions of the State that are involved in the

education of children with disabilities, including:

o The

State educational agency (SEA).

o Local educational agencies (LEAs), educational service agencies (ESAs)

(known in Michigan as Intermediate School Districts), and public

charter schools that are not otherwise included as LEAs or ESAs and

are not a school of an LEA or ESA.

o Other State agencies and schools (such as Departments of Mental

Health and Welfare and State schools for children with deafness or

children with blindness).

o State and local juvenile and adult correctional facilities.

The Part C regulations define a public agency at 34 CFR §303.30: Public agency. As

used in this part, public agency means the lead agency and any other agency or

political subdivision of the State.

A public agency is required to appoint a surrogate parent when no parent, as

defined by the IDEA, can be identified or located or when a child is a ward of the

state. The role of the surrogate parent is to represent the child in all matters

relating to special education or early intervention, including the identification,

evaluation, educational placement, and provision of a free appropriate public

education (FAPE).

Please note that the term “child” is used throughout this document to be consistent

with the IDEA and to recognize the obligations cover both students and children

who are suspected to have a disability or are already eligible for special education

and services under either Part B or Part C of the IDEA.

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Federal and State Requirements

Part B in Michigan: Ages 3-26

To fully understand when a surrogate parent assignment is required, the definition

of a parent, according to the IDEA, must be understood. According to 34 CFR

§300.30, the IDEA defines 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 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; or

• A surrogate parent who has been appointed in accordance with 34 CFR

§300.519.

The biological or adoptive parent, when attempting to act as the parent under this

part, and when more than one party is qualified to act as a parent, must be

presumed to be the parent unless the biological or adoptive parent does not have

legal authority to make educational decisions for the child. 34 CFR §300.30(b)(1)

When a student turns 18, all parental rights transfer to the student, unless a legal

guardian has been appointed through court proceedings. Regarding specific

surrogate parent state requirements, the MARSE states each public agency shall

appoint persons to serve as surrogate parents, in accordance with 34 CFR

§300.519. The MARSE does not identify parameters for appointing persons to serve

as surrogate parents but instead defaults to implementing 34 CFR §300.519.

The IDEA Part B requirements regarding surrogate parents, 34 CFR §300.519, will

be referenced throughout this guidance document, in alignment with each section.

Part C in Michigan: Birth to Three

Part C of the IDEA also addresses requirements for appointing a surrogate parent

for an infant or toddler, when determined necessary. 34 CFR §303.422 sets forth

the criteria for selecting surrogate parents under Part C. Public agencies must follow

Part C requirements for all children ages birth to three who are eligible for Part C,

with or without Michigan mandatory special education services.

As with Part B, an understanding of the definition of parent within the IDEA Part C

regulations is critical to determining when it becomes necessary to appoint a

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surrogate parent for an infant or toddler. According to 34 CFR §303.27, the IDEA

Part C defines 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 generally authorized to act as the child’s parent, or authorized to

make early intervention, educational, health or developmental 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 or

• A surrogate parent who has been appointed in accordance with 34 CFR

§303.422.

The biological or adoptive parent, when attempting to act as the parent under this

part and when more than one party is qualified to act as a parent, must be

presumed to be the parent for purposes of this section unless the biological or

adoptive parent does not have legal authority to make educational or early

intervention service decisions for the child.

If a judicial decree or order identifies a specific person or persons to act as the

“parent” of a child or to make educational or early intervention service decisions on

behalf of a child, then the person or persons must be determined to be the “parent”

for purposes of Part C of the Act. However, if the party identified by the judicial

decree or order is an early intervention service provider or a public agency which

provides any services to the child or any family member of that child, that early

intervention service provider or public agency may not act as the parent for that

child.

The United States Department of Education Office of Special Education Programs

(OSEP) provides clarification on what is meant by “attempting to act as parent” by

stating: “An individual may ‘‘attempt to act as a parent’’ under the IDEA in many

situations, such as providing consent for an evaluation and assessment, attending

an Individualized Family Services Plan (IFSP) Team meeting, and filing a complaint.

Identifying all the circumstances under which an individual may ‘‘attempt to act as

a parent’’ would be difficult and is unnecessary.” Federal Register / Vol. 76, No. 188

/ September 28, 2011 / Rules and Regulations p. 60159. Essentially, an individual

is “attempting to act as a parent” when they attempt to take or refuse any of the

actions specified in the regulations as a right or responsibility of a parent.

OSEP further clarifies when determining the appropriate individuals who may act as

a ‘‘parent’’ under Part C of the IDEA in those difficult situations when more than

one individual is attempting to act as a parent under these regulations and one of

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those individuals attempting to act as parent is a biological or adoptive parent, then

this definition recognizes the biological or adoptive parent as presumed to be the

parent for purposes of making decisions for the child unless those rights have been

legally terminated or modified. Federal Register / Vol. 76, No. 188 / Wednesday,

September 28, 2011 / Rules and Regulations p. 60159.

The IDEA Part C requirements regarding surrogate parents, 34 CFR §303.422, will

be referenced throughout this guidance document, in alignment with each section.

The Part C regulations closely mirror the Part B regulations in the areas impacting

this guidance document. Differences will be noted where applicable.

Surrogate Parent Appointment Requirements

In accordance with 34 CFR §300.519(a), each public agency must ensure that the

rights of a child are protected when:

• No parent (as defined in 34 CFR §300.30) 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 that State or

• 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)).

In accordance with Part C of the IDEA at 34 CFR §303.422(a) each lead agency or

other public agency must ensure that the rights of a child are protected when:

• No parent (as defined in 34 CFR §303.27) can be identified.

• The lead agency or other public agency, after reasonable efforts, cannot

locate a parent or

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

Part B and Part C in Michigan: Birth to 26

Any child who is suspected to have a disability or who has a disability and meets

one or more of the conditions above, under 34 CFR §300.519(a) or 34 CFR

§303.422(a), will require a surrogate parent. Although the IDEA does not define

reasonable efforts to locate a parent, there must be multiple documented attempts

to locate a parent(s), using various modalities, over a justifiable length of time.

Administrators should familiarize themselves with the definition of a parent, as

defined in the IDEA, and, through the development or adoption of policies and

procedures, determine an effective and efficient way to determine whether parents

of children who are wards of the state have retained their educational decision-

making rights. According to OSEP, there is no statutory authority to permit the

appointment of a surrogate parent when a parent is either unable or unwilling to

attend a meeting in which a decision is made relating to a child’s educational

placement. In section 615(b)(2) of the Act, a public agency does not have the

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authority to appoint a surrogate parent where a child’s parent is available or can be

identified and located after reasonable efforts, but refuses, or is unable, to attend a

meeting or otherwise represent the child. Federal Register; Volume 71; Number

156; Monday, August 14, 2006, page 46689.

A surrogate parent may never (emphasis) be appointed for a child when there is

another person who meets the definition of a parent at 34 CFR §300.30(a) or 34

CFR §303.422(a) and whose rights to make educational decisions for the child have

not been terminated. A surrogate parent may not be appointed because school staff

disagrees with the decision of the child’s parent.

Recognizing the complexity of parental status and considerations for surrogate

appointments, collaboration with outside agencies, such as the Michigan

Department of Health and Human Services (MDHHS), to obtain information

regarding parent rights and location of parents, is encouraged, prior to appointing a

surrogate parent. Additionally, administrators may consult with their legal counsel,

as needed, to identify who has been granted legal authority to make educational

decisions for the child.

The public agency must ensure the confidentiality of personally identifiable data

when collaborating with other agencies. The privacy of information and records

collected or maintained by public agencies must be protected in accordance with 34

CFR §§300.610 through 300.627, and the

Family Educational Rights and Privacy Act

(FERPA).

Residential Placements

When a child is in a residential placement the public agency will need to review

each case individually. The public agency should conduct a careful review of

documents and coordinate with any outside agencies that are involved with the

education or care of the child, to determine whether the parents retain legal

authority to make educational decisions for the child or whether any other person

has been appointed to make educational decisions for the child. It is also important

to note in these circumstances that a surrogate parent cannot be an employee

of any agency involved in the education or care of the child including,

MDHHS, Child Placing Agency and Child Caring Institution

ployees.

Wards of the State

In accordance with 34 CFR §300.519(c) and 34 CFR §303.422(c), in the case of a

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 34 CFR §§300.519(d)(2)(i) and 300.519(e) or 34 CFR

§§303.422(d)(2)(i) and 303.422(e).

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A ward of the State, as defined by Part B of the IDEA in 34 CFR §300.45 and Part C

of the IDEA in 34 CFR §303.37, is a child who, as determined by the State where

the child resides, is:

• A foster child

• A ward of the State*; or

• In custody of a public child welfare agency.

Exception: Ward of the State does not include a foster child who has a foster parent

who meets the definition of a parent in 34 CFR §300.30 or 34 CFR §303.27.

*Keep in mind there are various forms of wardship for children. Determining the

legal status of the parent or other individuals and their right to make educational

decisions will need to be made on an individual basis. The public agency must

carefully review any court orders before appointing a surrogate parent.

Unaccompanied Homeless Youth

In accordance with 34 CFR §300.519(f), in the case of a child who is a 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 34 CFR §300.519(d)(2)(i), until a surrogate

parent can be appointed that meets all the requirements of 34 CFR

§300.519(d).The term homeless child or youth includes those who:

• Share the housing of other persons due to loss of housing, economic

hardship, or similar reasons.

• Live in motels, hotels, trailer parks, or camping grounds due to the lack of

alternative adequate accommodations.

• Live in emergency or transitional shelters.

• Are abandoned in hospitals.

• Live in cars, parks, public spaces, abandoned buildings, substandard housing,

bus or train stations, or similar settings.

• Are migratory children who otherwise fit the definition of homelessness.

• Have a primary nighttime residence that is a public or private place not

designed for or ordinarily used as a regular sleeping accommodation for

human beings.

An unaccompanied homeless youth according to (Title 42, United States Code,

Section 11434a(6)). includes children and youth who:

• The youth’s living arrangement meets the Act’s definition of homeless and;

• The youth is not in the physical custody of a parent or guardian.

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Temporary surrogate parents must be free of any personal or professional conflict

of interest with the child’s interest and must possess knowledge and skills that

ensure adequate representation of the child.

Age of Majority

For all children, the age of majority in Michigan is 18. When a student reaches the

age of 18, the student can make their own educational decisions unless a legal

guardian has been appointed by court proceedings to make educational decisions or

the student has granted another person a power of attorney to make educational

decisions. When a student reaches the age of majority, a surrogate parent is no

longer necessary.

Guardianship of Adult Students

When a guardian has been appointed for a student who is 18 years or older, the

terms of guardianship need to be reviewed when making decisions about the

appointment of the surrogate. A guardian is a person appointed by a court and

given power and responsibility to make certain decisions about the care of another

individual. The judge will tailor each guardianship to the needs of the individual.

Responsibilities of Public Agency

In accordance with Part B of the IDEA at 34 CFR §300.519(h), the state agency

must make reasonable efforts to ensure the appointment of a surrogate parent not

more than 30 days after a public agency determines the child needs a surrogate

parent. The Part C regulations at 34 CFR §303.422(g) assign this same

responsibility and timeline to the lead agency, which in Michigan is the Michigan

Department of Education (MDE). MDE delegates this role to the ISD as the Part C

local lead agency.

Each ISD, under their general supervisory responsibility of Part B (34 CFR

§300.149) and as the sub-recipient to the federal IDEA grant, must ensure their

member districts, including public school academies, which are the public agency

responsible for the education of a child who does not have a parent as defined

under the IDEA, have procedures in place for appointing surrogate parents, when

needed. Each ISD Plan or interagency agreement must provide a description of how

the pool of surrogate parents is maintained and how appropriate training is

provided to potential surrogate parents. The public agency that maintains the

surrogate parent pool, must establish procedures for obtaining a surrogate parent

from the surrogate parent pool when the public agency has identified a child who

requires a surrogate parent to be appointed.

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According to the IDEA, public agencies are responsible for appointing surrogate

parents when needed. The public agency responsible for the identification and

appointment of a surrogate parent is the public agency responsible for providing the

child’s education or early intervention services. Although a district, as the public

agency responsible for providing a child’s education, may obtain the assistance of

an ISD to identify and appoint a surrogate parent, the obligation to ensure the

appointment of a surrogate parent remains with the district.

In accordance with 34 CFR §300.519(b), the duties of a public agency include the

assignment of an individual to act as a surrogate for the parents. This must include

a method for:

• Determining whether a child needs a surrogate parent; and

• Assigning a surrogate parent to the child.

Part C of the IDEA at 34 CFR §303.422(b)(1) mirrors this requirement, except for

allowing for this responsibility to be fulfilled by either the lead agency or other

public agencies. Part C also adds that when implementing this provision for children

who are wards of the State or placed in foster care, the lead agency must consult

with the public agency that has been assigned care of the child.

In the absence of any parent, as defined by the IDEA, it is the legal obligation of

the public agency responsible for educating the child to appoint a surrogate parent.

Although a member district may contract with an ISD or another entity to maintain

a pool of surrogate parents and to provide training to surrogate parents, the

member district, as the public agency, remains responsible.

Anyone, including caseworkers or probation officers, can request a surrogate parent

be assigned when it is believed a child is suspected of having a disability or the

child has a disability and needs a surrogate parent. If the IDEA regulations for

determining when a surrogate parent is required are not met, then the public

agency responsible for educating the child may not appoint a surrogate parent.

Appointing a Surrogate Parent

Most children who are suspected of having or who have a disability, will have an

easily identifiable and locatable parent, as defined under law. When a child is

initially referred for a special education or early intervention evaluation, efforts to

locate the parent should begin immediately, because the parent must participate in

many timeline-driven decisions related to consent, evaluation, determination of

eligibility, and possible educational placement, provision of early intervention

services, and provision of a FAPE.

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For parents whose educational rights have been revoked due to termination of

parental rights, the public agency should work closely while maintaining

confidentiality with their local Education Points-of-Contact in their MDHHS county

office to obtain required documentation, confirming the parents no longer have

educational decision-making rights. A list of contacts is maintained on

MDHHS’s

website. Further, public agencies are encouraged to collaborate with MDHHS in

identifying a surrogate parent for the child.

For parents, who

se educational rights are intact and whose whereabouts are

known, reasonable efforts to contact must be documented. Attempts to contact

and/or locate include, but are not limited to, telephone calls, letters, and visits to

the parent’s last known address and/or place of employment.

The public agency responsible for educating the child should continue to send

notices to the parent whose educational rights are intact. When there is a lack of

response after reasonable attempts, the district may need to collaborate with

MDHHS and/or legal counsel to determine the appropriate steps necessary to

support the educational needs of the child.

Surrogate Parent Qualifications

Surrogate parents must be at least 18 years old. Surrogate parents must be willing

to be trained to act as an educational representative. The surrogate parent must be

screened using the same procedures the public agency uses for school volunteers,

such as a criminal background check. Additional suggested qualifications include

being a resident of Michigan, residing in proximity of the public agency to be

available to make educational decisions, also having strengths that match the

needs of the child. Consideration should be given to the possible length of time a

surrogate parent may be needed to maximize continuity and consistency with the

child.

In accordance with 34 CFR §300.519(d) of Part B of the IDEA and 34 CFR

§303.422(d) of Part C of the IDEA, the public agency may select a surrogate parent

in any way permitted under State law. Public agencies must ensure that a person

selected as a surrogate parent:

• Is not an employee of the State Educational Agency (SEA), the LEA, or any

other agency that is involved in the education or care of the child.

• Has no personal or professional interest that conflicts with the interest of the

child the surrogate parent represents; and

• Has knowledge and skills that ensure adequate representation of the child.

Part C regulations at 34 CFR §303.422(d) additionally specifies that the appointed

surrogate parent may not be an employee of the lead agency or any other public

agency or early intervention service provider that provides early intervention

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services, education, care, or other services to the child or family member of the

child.

In accordance with 34 CFR §300.519(e) and 34 CFR §303.422(e) a person

otherwise qualified 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.

A public agency may employ a person solely to serve in the capacity of a surrogate

parent. In this case, the person is allowed to serve as the surrogate, and conflict of

interest does not apply.

A surrogate parent must have the appropriate knowledge and skills required to

adequately represent a child who does not have parental representation in

educational matters, and who is suspected of having a disability or who has a

disability and receives special education and related services or early intervention

services.

A surrogate parent may not be an employee of a child welfare agency (including a

case manager, an employee of a private child welfare agency with whom a public

agency contracts, a group home parent, childcare institutional staff/owner, or staff

in a residential facility), or an employee of an educational agency that is involved

with the child (such as the child’s teacher, a board member, or a school district

employee).

Recruiting Surrogate Parents

When recruiting a surrogate parent, the public agency responsible for educating the

child should give first preference to a relative, friend, or court-appointed advocate.

If none of these individuals are willing or able to act as a surrogate parent, then the

public agency must be prepared to appoint another qualified adult. The MDHHS

may be a source for identifying a surrogate parent who already knows and has a

relationship with the child.

ISDs and/or member districts, as determined in ISD plans, are expected to

maintain a pool of surrogate parents who are trained and able to be appointed

when a child does not have someone in their life who can serve in the role of

surrogate parent.

Rule 340.1838 requires that ISDs maintain a Parent Advisory Committee (PAC)

composed of parents of children with disabilities. Members of this PAC could serve

as surrogate parents.

Appropriate community groups can also be contacted for the purpose of recruiting

surrogate parents. Such groups should be given a clear explanation of the roles and

responsibilities of surrogate parents, as well as an overview of the time

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commitments. Volunteers must be willing to be trained to act as educational

representatives for children requiring a surrogate parent. Examples of community

groups include the following:

• parent advisory committee members

• Big Brothers/Big Sisters

• local parent-teacher organizations

• local Arc organizations

• retired educators’ groups

• service clubs

• faith-based organizations

Collaboration with Other Agencies

Nothing in the IDEA prohibits a public agency from collaborating with judges and

advocates in establishing a process for appointing surrogate parents. The district

should inform all persons and agencies responsible for the residential care and

education of the child of the surrogate parent’s appointment. The district must

ensure the confidentiality of the child’s information is maintained according to the

FERPA.

Most children who will require surrogate parents are those under the jurisdiction of

a county or state agency. Public agencies responsible for the education of the child

who may need a surrogate parent are encouraged to collaborate with child welfare

agencies and to coordinate efforts to appoint surrogate parents. Since the child

welfare agencies are responsible for the child’s care, it is helpful if the agency staff

and the public agency communicate and collaborate in identifying when a surrogate

parent is required and in the appointment of the surrogate parent.

Part C of the IDEA at 34 CFR §303.422(b)(2) requires that when assigning an

individual to act as a surrogate parent to children who are wards of the State or

placed in foster care, the lead agency must consult with the public agency that has

been assigned care of the child.

Training of Surrogate Parents

Although districts, which are the public agency responsible for educating the child,

are responsible for the recruitment, selection, training, and appointment of

surrogate parents, ISDs may provide support in performing these functions,

including the training. The surrogate parent training should include information to

provide the surrogate parent with the knowledge and skills to adequately represent

the child in all aspects of the special education and early intervention process. The

surrogate parents should be trained regularly to ensure they have adequate

knowledge to serve in this capacity. The training must be comprehensive and, at a

minimum, is recommended to include the following areas:

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• Legal Rights and Responsibilities

o Introduction to the IDEA and the MARSE, including surrogate

provisions and public agency responsibilities.

• Role of the Surrogate Parent

o Rights and responsibilities of the surrogate parent.

o Developing relationships with the child and early intervention or school

staff.

o Obtaining and reviewing child records (confidentiality).

o Discussion of resources available to support surrogate parents.

• Special Education and Early Intervention Process

o Eligibility—Understanding the child’s disability and unique needs.

o Evaluations—Preparing for the evaluation process and development of

the individualized education program (IEP) or Individual Family Service

Plan (IFSP), including surrogate parent input in the evaluation.

o IEP Content—Present level of academic achievement and functional

performance, annual goals, supplementary aids and related services,

programs, positive behavior supports, assistive technology, and

transition services.

o IFSP Content – Present levels of development, measurable goals and

outcomes, early intervention services, and transition plan.

o Understanding student achievement data.

o Special education discipline protections.

• Procedural Safeguards and Dispute Resolution Options.

o Overview of the IDEA and state procedural safeguards.

o Mediation and other dispute resolution alternatives.

o State complaint and due process procedures.

Once a surrogate parent is trained, the individual can be included in the pool of

qualified surrogate parents.

Surrogate Parents Responsibilities

In accordance with 34 CFR §300.519(g), the surrogate parent may represent the

child in all matters relating to:

• The identification, evaluation, and educational placement of the child.

• The provision of FAPE to the child.

The Part C regulations at 34 CFR §303.422(f) state that a surrogate parent has the

same rights as a parent for all purposes under Part C of the IDEA.

The surrogate parent’s role is to represent the rights of a child who is suspected of

having a disability or who has a disability in all educational matters related to the

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provision of a FAPE or early intervention services. The surrogate parent’s rights

within the educational or early intervention process are the same as a birth or

adoptive parent, with identical guarantees for participation in decision-making and

procedural safeguards. A surrogate parent acting on the child’s behalf for the

purposes of special education or early intervention services is not authorized to act

as a parent in any other sense.

Since a surrogate parent may represent a child in all matters related to the special

education or early intervention process, the surrogate parent should learn as much

as possible about the child with a disability to appropriately represent the rights of

the child throughout the special education or early intervention process.

Surrogate Parent Rights

Once appointed, the surrogate parent has all the procedural rights provided to the

parent in the IDEA, including the right to:

• Access the child’s educational and early intervention records. 34 CFR

§§300.501, 300.613, and 303.405

• Review and inspect any records collected, maintained, and used by an

agency to make decisions affecting the child’s educational program or early

intervention services 34 CFR §§300.501, 300.613, and 303.405

• Request an amendment of a child’s records, as indicated in 34 CFR

§§300.618 and 303.410.

• Consent to the release of the child’s educational or early intervention

records, as indicated in 34 CFR §§300.622, 303.405, and 303.414.

• Represent an eligible or suspected-to-be eligible child in all matters related to

suspension and expulsion, including manifestation determination reviews,

decisions involving changes of placement, and the provision of procedural

safeguards. 34 CFR §§300.530 through 300.536

• A surrogate parent may engage in dispute resolution options on behalf of the

child, including:

o IEP or IFSP facilitation; mediation; 34 CFR §§300.506 and 303.431

o filing a state complaint, pursuant to 34 CFR §§300.151 through

300.153, 303.432 through 303.434; or

o f

iling a due process complaint, consistent with 34 CFR §§300.500

through 300.520, 303.440 through 303.449.

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Length of a Surrogate Parent Appointment

The surrogate parent may represent the child until any of the following

circumstances are determined:

• The child is no longer in need of special education or early intervention

services.

• The child reaches the age of majority.

• Another person has been granted authority to make educational decisions.

• The right of the parent or guardian to make educational decisions for the

minor is restored.

• The person is not properly performing the duties of a surrogate parent; or

• The person has an interest that conflicts with the interests of the child.

• The person resigns from the appointment.

It is important the public agency document, implement, and enforce the

termination or resignation of a surrogate parent appointment.

When a student moves to a new school district the public agency that appointed the

surrogate parent is encouraged to communicate with the surrogate parent, child,

and receiving district. In some cases, it may be appropriate for the surrogate

parent appointment to continue. In that case, the receiving district would need to

complete any required paperwork to officially appoint the surrogate parent to

represent the child in the new district.

When a surrogate parent appointment will not continue in the new district, then no

later than 30 calendar days from enrollment a written termination of the surrogate

parent appointment should be documented and communicated to the receiving

district so a new surrogate parent can be appointed in a timely manner.

Resources

• Individuals with Disabilities Education Act Regulations, Part B

• Individuals with Disabilities Education Act Regulations, Part C

• Office of Special Education Information Line 1-888-320-8384 or mde-

[email protected]

• Michigan Department of Health and Human Services: Child Foster Care

Manual: Educational Services