When the district is responsible for appointing a surrogate parent, it must first appoint a relative caretaker, foster parent, or court-appointed special advocate (CASA) willing and able to serve. If there is no relative caregiver, foster parent or CASA, the district may choose the surrogate parent. If the student’s surrogate parent has been a relative caretaker or foster parent, and the student leaves the home of that surrogate parent, the district must appoint a new surrogate parent, if necessary, to ensure adequate representation.[1]
The law allows retired teachers, social workers or probation officers, who do not work for a public agency involved in the education or care of the student, to be appointed as surrogate parent. An employee of a private agency may be appointed as long as the agency does not provide educational services to the student. A person otherwise qualified to be a surrogate parent is not considered an employee of the district even if the district pays the surrogate parent for their services.[2]
A district may not appoint a surrogate parent if they have a conflict of interest with the student. A conflict of interest means any interest that might restrict or bias the ability to advocate for all of the services required to ensure that the student receives FAPE. If practical, the surrogate parent should be culturally sensitive to their assigned student.[3]
A surrogate parent has all the powers of a parent or guardian of a special education student and must consent to IEPs, non-emergency medical services, mental health treatment, and occupational or physical therapy services.[4] Although the surrogate parent is given complete parental authority in the special education process, surrogate parents are only required to meet with the child once. To competently fulfill the role, surrogate parents should meet with the student more than once, attend IEP meetings, review student records and consult with teachers and others involved in the student’s education. All of these interactions and activities are permitted under law. The surrogate parent must comply with federal and state student record confidentiality laws and use discretion when sharing information with appropriate persons.[5]