When there is no one to act as a parent for a student with disabilities, the school district or the juvenile court must appoint a responsible adult to make educational decisions, including special education related decisions. Under AB 3632, the responsible adult is known as a “surrogate parent”. 

Generally, a juvenile court will appoint a surrogate parent – referred to as an educational rights holder – for any student who is a dependent or ward of court, which means they have an open dependency/foster care case or delinquency case.

If a student is not involved in either of those court systems, the school district must appoint a surrogate parent to represent students in the IEP process if one or more of the following is true:

1. No parent for the student can be identified; 
2. After reasonable efforts, the district cannot locate a parent; or 
3. A school district must also appoint a surrogate parent if the student is a dependent or ward of the court but the court has not yet appointed a responsible adult to as the student’s educational rights holder.

The district must make “reasonable efforts” to appoint a surrogate parent within 30 days of determining that a surrogate parent is necessary. In addition, the responsible adult appointed by the district cannot have any conflict of interest with the student. A conflict means any interest that might restrict or bias the ability to advocate for all of the services required to ensure that the student has FAPE.^[1]

If the student is a dependent or ward of the court, the judge should appoint someone to make educational decisions for a dependent or ward of the court. The court may leave decision-making authority with the parent if that parent is still part of the student’s life. However, it has the power to limit the parent’s authority regarding educational decisions through a court order, but only to the extent necessary to protect the student.

If the court limits a parent’s educational rights, it must also appoint a responsible adult as the student’s educational rights holder until the following occurs:

1. The student turns 18 (unless the student chooses to assign their educational decision-making authority to someone else or if the court finds the student to be “incompetent”);
2. Another responsible adult is appointed to make educational decisions;
3. The parent’s rights to make decisions are restored;
4. A guardian or conservator is appointed for the student; or
5. The student is placed in long-term foster care — or an Alternative Planned Permanent Living Arrangement (APPLA) — and a foster parent is given educational decision-making authority.

If a student is a dependent or ward of the juvenile court and has not been appointed an educational rights holder by the judge, their dependency or delinquency attorney should raise the issue with the judge.

1. Cal. Gov. Code Secs. 7579.5(a) & (i).[↩]