The surrogate parent may represent the student until the student no longer needs special education or turns 18; until another responsible adult is appointed to replace the surrogate parent; or the parent’s right to make educational decisions is restored.[1] However, if at age 18, a student chooses not to begin making their own educational decisions or a court finds the student to be “incompetent” to make these decisions, the surrogate parent may remain in place, or the student could designate another adult as an educational representative. The district must replace a surrogate parent if the surrogate parent is not properly performing the duties or has a conflict of interest with the student.[2] If some individual in the student’s life — such as a care facility operator, social worker, probation officer, foster parent or other advocate — believes that a surrogate parent is not acting in the student’s interest, but rather acting more in the interests of the school district or another agency serving the student, they may ask that the district appoint a different surrogate parent. If the district refuses, the law allows a student (who is a ward or dependent of the court, an emancipated minor, or for whom no parent can be identified or located) to file for due process to challenge the appropriateness of the surrogate parent.[3]