Once a surrogate parent is chosen by the school district to act on behalf of a child with a disability in the special education process, they serve as the child’s parent and have all rights available to a parent. The surrogate may represent the child in matters related to the identification, assessment, instructional planning and development, educational placement, reviewing and revising the IEP, and in all other matters related to the provision of FAPE. A surrogate parent can give written consent to the IEP, including non-emergency medical services, mental health treatment services, and occupational or physical therapy services. In short, the surrogate may give or withhold any consent related to a student’s IEP.[1]
- 34 C.F.R. Secs. 300.30 & 300.519; Cal. Ed. Code Sec. 56050; Cal. Gov. Code Sec. 7579.5(d).[↩]