Training for Surrogate Parents

Online Training for Surrogate Parents

Written by Carolyn Anderson, PACER Center Parent Training Advocate
Paula F. Goldberg, PACER Center Executive Director
2006 by PACER Center. All rights reserved.
Funding provided in part by
Minnesota Department of Education

No portions of this product may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without express written permission of PACER Center, except for credited brief quotations or critical reviews.

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Congress recognized the importance of active parents' involvement in planning their children's educational programs, monitoring progress, and challenging inappropriate decisions. This child advocate role is usually filled by parents. However, the laws give an alternative if the parents of a child with a disability are unknown or completely unavailable or if the child is a ward of the state. Surrogate parents fill the parental role in these situations. Most often a surrogate is either a foster parent or a volunteer from the local community.

Surrogate parents play an important role in a child's education. The surrogate parent is an advocate for the student. The more surrogate parents know and the more comfortable they are with the special education process and procedures, the more effective they will be in the role of surrogate parent.

This training module is a guide for training surrogate parents. It includes information on the laws and procedures for representing a child in the special education process.

*Note: All references to IEP (Individualized Education Program) include IIIP (Individual Interagency Intervention Plan) and IFSP (Individual Family Service Plan).

Table of contents

Introduction

Surrogate parent laws and guidelines:

Children who need surrogate parents
What is a surrogate parent
Responsibilities of surrogate parents
Summary of surrogate parents and special education

How to learn the surrogate parent role:

Gather information
Learn about the disability
Learn about the child
Keeping confidentiality

The special education process

Overview of special education
Structure of special education in Minnesota
Communication in the special education process
Preparing for a school meeting
Resolving differences

Questions and answers
Student profile sheet
The Laws
More information

Introduction

Since the beginning of our nation, free public education for all our citizens has been recognized as an important right. Children with disabilities have been included only since 1975 when Congress passed the Education for All Handicapped Children Act. This law was most recently reauthorized in 2004 as the Individuals with Disabilities Education Act (IDEA),

www.ed.gov/policy/speced/guid/idea/idea2004.html

Surrogate Parent Laws and Guidelines

Children who need surrogate parents:

Students who either already receive special education services or who are thought to need such services are entitled to a free, appropriate public education and may be served by surrogate parents. In Minnesota, this includes students from birth to age 18 (or 21 if the student is a ward of the state and it is appropriate).

Surrogate parents are appointed under three conditions:

The parent is unknown or unavailable
The pupil is a ward of the state
The parent requests a surrogate parent in writing*

*Parents are not usually aware of their right to request a surrogate parent. When a potential situation arises, the parents should be notified of their right to request a surrogate parent. They should also be informed regarding the rights and responsibilities that the surrogate would assume in this role.

Click here for Minnesota Rule 3525.2440.

What is a surrogate parent?

Surrogate parent means a person appointed by a school district to represent a child with a disability who has or may need special education services. This person may not be receiving public funds to educate or care for the child.

However a foster parent may be a surrogate parent if no conflict of interest exists.

A foster parent may be considered to be the parent if:

The natural parents' rights are extinguished
The foster parent has a long-term relationship with the child,
The foster parent is willing to take the parent role in special education, and
The foster parent has no conflict of interest

Click here for Minnesota Rule 3525.0210 subpart 34 E.

If a foster parent meets the qualifications above, he or she would be considered to be the parent. No surrogate would need to be appointed.

Other foster parents who do not meet these qualifications would still need to be considered for surrogate appointment by the school district, but the district may appoint someone else.

Also note, in some cases a grandmother, uncle, or other relative of a student is "acting as parent" or serving in the parental role. Surrogate rules do not apply in these cases since the child is not in need of a surrogate parent. Click here for Minnesota Rule 3525.0210 Subpart 34 C.

Click here for federal law, IDEA 2004.

Responsibilities of surrogate parents

A surrogate parent is only responsible for representing the child

when decisions about his/her special education program are made concerning:

Identification of the need for the child to receive special education services
Evaluation to determine his/her individual needs
Design of his/her individualized education program, including placement
Ongoing reviews of educational progress
Disagreement with the school's educational proposals

In order to fulfill these responsibilities, the surrogate parent should learn about state and federal requirements for special education and about school district structure and procedures. The surrogate parent should also have an understanding of the pupil's disability and needs and have an ability to effectively advocate for the child.

Click here for Minnesota Rule 3525.2455.

Although not a legal requirement, it may be best if the surrogate parent and child share a similar background, such as race or culture.

Some other qualities of an effective surrogate parent are:

1. a commitment to learning about the child's educational needs and special education, and
2. an ability to communicate constructively and effectively with school personnel.

A surrogate parent appointment may only be removed by the school board. Click here for Minnesota Rule 3525.2450.

Responsibilities:

Surrogate--Carry out the surrogate parent role and to represent the student

School District--See that the surrogate parent carries out the role

School Board--Remove the appointment of the surrogate parent if role not carried out

Summary of surrogate parents and special education

All children in special education have a right to a free, appropriate public education.
Children who do not have parents available must be assigned a surrogate parent.
A surrogate parent is a person appointed by a school district to represent the child in special education decisions.
A surrogate parent has the same rights and responsibilities that parents and guardians have in the special education decision-making process.

How to learn the surrogate parent role

Here are a few simple guidelines to secure needed information to plan effectively for the child. If you are a foster parent appointed to serve as surrogate parent for a child in your care, you are in a unique position to be aware of the child's likes and dislikes, abilities and needs, and learning style. However, if you do not know the child you have been appointed to represent, you may need to take some time learning about the child and his or her educational history.

Gather information:

Meet the child, visit the child's home if possible, or visit the child's school.
If the child is young or has cognitive limitations, present yourself as a friend since the surrogate parent term may be confusing to the child.
If the child is a ward of the state, talk with the child's county case manager about his or her educational history.
Review the child's special education records. Ask the school to make copies of school records for you.
Visit the class to observe the child and talk with the teachers.
Make certain that teachers, therapists, supervisors, and other professionals involved with the child know that you are acting as the child's surrogate parent (as well as being his or her foster parent, if this is the case).
Fill out a "Student Profile Sheet" on the child (click here).
Keep a record and file of all written and verbal contact you have with the school.
Ask questions about anything you do not understand.

Learn about the disability:

The surrogate parent will also need to learn about the child's disability area(s). One resource is PACER's book Disability Awareness: A Guidebook for Families and Educators (2001). This book discusses disabilities and contains information and resources for 20 different disability areas. The resources include books for children, books for adults, videos, and national organizations. Districts or parents may purchase this book from PACER Center. In addition, PACER's web site contains links to many other disability agencies and groups (www.pacer.org).

Learn about the child:

It is important for the surrogate parent to spend time observing the child at school and seeing the child in the home environment, reviewing the child's records, and talking to the child's county case manager. Then the surrogate parent can begin to answer some of the following questions. Questions can be the surrogate parent's most powerful tool in learning about the child.

How does the child learn?

By watching?
By hearing?
In a group? Alone?

What does the child like or dislike about school?

What is the child's favorite part of the school day? Favorite academic subject? Least favorite subject?
What are the child's general feelings about school?

What are the child's special interests or hobbies?

What does the child enjoy doing?
Does the child like to play games by him or herself or with others?
Does the child like group sports?

What are the child's attitudes about and relationships with other people?

With close adults such as foster parents? Other adults?
With other children? Peers?
Does the child play alone? With adults? With other children?
To which school staff does the child relate well to?

What are the child's strengths?

To what does the child respond?

Verbal praise?
Material things (food, toys, etc.)?

Is the child afraid of anything?

What kind of living skills and adaptive behavior does the child exhibit?

Independent or dependent upon adults?
Age-appropriate everyday functioning?
What is the child's developmental history?
Age of walking? Age of talking?
Does the child compensate for the disability? When did this begin? (For example, at what age did a child who is deaf begin using sign language? When did the child with a physical disability begin using a wheelchair?)

What is the child's medical history?

Is there a history of medical problems affecting education?
Is the child currently taking any medication?

Keeping Confidentiality

Surrogate parents have access to the child's school records that may contain confidential information. They also will receive confidential information while talking with teachers and county social workers. It is important to use this information with care and discretion and respect the privacy of the child and his or her family.

The Special Education Process

Overview of Special Education

Surrogate parents are appointed to assure that the child's rights are protected. The surrogate parent will need know how the special education process works.

For an overview of the special education process, visit

http://www.fape.org/pubs/FAPE-10.pdf

Two books that help parents understand both the principles of special education and the procedures for writing the educational program for a child with a disability are available free of charge from PACER Center: Parents Can Be the Key and A Guide for Minnesota Parents to the Individualized Education Program (to order, visit http://www.pacer.org/publications/specedrights.asp).

The word "parent" means surrogate parent too. By law, surrogate parent rights in the special education process are the same as for natural and adoptive parents.

A surrogate parent assigned to a certain child may need more specialized information about early intervention, transition, emotional and behavioral disorders, and other special topics.

Early intervention services in Minnesota

Children ages birth to age 3 who are eligible for special education are served under an Individualized Family Service Plan (IFSP). The IFSP plan and process focuses on identifying the needs of the child and family and determining how to best meet the needs. The law recognizes the importance of the family in the lives of young children and emphasizes that the IFSP plan and process be family centered and directed. The IFSP process is to be comprehensive, coordinated, multidisciplinary, and, when appropriate, interagency.

If a surrogate parent is appointed for a child who is or may be eligible under the early intervention system, the surrogate parent can learn more about this system by requesting a Families Are Important booklet http://www.pacer.org/publications/earlychildhood.asp.

Transition

Growing up is not easy! It is even more complicated for youth with disabilities. The transition process is the planned movement from school to adult life. Minnesota law requires transition planning to begin at age 14 or ninth grade, whichever comes first. It continues until the student receives his or her high school diploma, no longer has special education needs, or ages out of the special education system.

Broadly defined, transition is an all-inclusive process that focuses on improving a student's employment outcomes, housing options, and social networks after leaving school. The five transition areas are:

jobs and job training
recreation and leisure
post-secondary education and training
home living and daily living skills
community participation

The transition plan provides the framework for identifying, planning, and carrying out activities that will help a student make a successful transition to adult life. It identifies what skills need to be learned, when or where transition services are provided, and who will provide them.

If a surrogate parent is appointed for a child who is age 14 or in the ninth grade, the surrogate parent can learn more about transition by requesting materials from PACER Center at

http://www.pacer.org/tatra/index.htm
http://www.pacer.org/publications/transition.asp

Special considerations for students with emotional or behavioral disorders (EBD)

While IDEA applies to all children with disabilities, surrogate parents of students with serious emotional or behavioral concerns need additional knowledge in behavior management and discipline to ensure that the children they represent are served appropriately.

If a surrogate parent is appointed for a child who has emotional or behavioral concerns, the surrogate parent can learn more through a variety of PACER publications at http://www.pacer.org/publications/ebd.asp

Individual Interagency Intervention Plan (IIIP)

Minnesota has a state law that establishes a partnership among agencies serving children with disabilities and their families. Children who receive special education services AND services from at least one other public agency will qualify for a IIIP. A surrogate parent can ask the local special education director or call PACER for more information on this process. A parent may also request the following handout from PACER Center:

PHP-c83 - Minnesota's Individual Interagency Intervention Plan (IIIP)

Structure of special education in Minnesota

In Minnesota, special education programs for students with disabilities are provided primarily by school districts (public schools) that sometimes combine with other local school districts to form special education cooperatives.

Sometimes a single school district--usually in highly populated areas-- provides services to all children within its boundaries, including the entire range of programs and services for students with disabilities.

Sometimes a special education cooperative of two or more districts-- usually adjoining or within the same county or region--may join to provide special education services to students with disabilities within their combined boundaries. A cooperative may have a single administrative office with teaching personnel hired by that office.

Publicly funded charter schools also are required to provide special education services to eligible children. Minnesota also has three intermediate school districts which operate similar to cooperatives.

Regardless how the special education programs of a school district are organized, in most cases, one person called the special education director is in charge of coordinating all special education services. The director is often responsible for the appointment of surrogate parents or assigns the responsibility to another staff person.

There are also two state government departments responsible for offering educational services for students at certain state schools:

The Department of Education is the educational provider for students at the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.
The Department of Corrections is responsible for the education of students placed in juvenile correctional facilities at Red Wing, Thistledew, and Mesabi.

Communication in the special education process

IEP meetings and other school meetings are crucial parts of a child's educational program. A surrogate parent's responsibility extends beyond giving consent and accepting explanations. Asking questions, bringing up issues to discuss, gathering information, and clarifying points are all part of the surrogate parent's role.

Effective communication is two-way, generating understanding and support the professionals and the surrogate parent need to make effective decisions about the child's educational program.

The key to effective communication is preparation and willingness to be actively involved in planning the child's educational program. To foster meaningful communication, the surrogate parent can:

Make sure the focus stays on the child.
Be prepared by knowing in advance the important points to discuss and questions to ask. Then write down the points and questions and check them off as they are addressed.
Listen. Listening helps gather information about the child and understanding of other viewpoints.
State issues clearly. It is important to communicate in a honest and clear manner.
Ask questions. Asking questions can be an effective way of clarifying a point and keeping the line of communication open.
Direct comments and questions to the person who can best address or answer them.
Restate concerns if not heard the first time.
Be confident. A surrogate parent never has to feel guilty or embarrassed asking questions or assertively pursuing the appropriate services for the child. That is their role and their right.
Work together. Neither the surrogate parent nor the professionals have all the answers. Working together as a team encourages finding solutions. Everyone at the meeting has the same goal to provide an appropriate educational program for the child.

Preparing for a school meeting

The surrogate parent's most important goal is helping to develop an appropriate educational program for the child. They must be prepared to work cooperatively with the professionals involved with the child's program.

To prepare they can:

Know their rights and be prepared to participate actively.
Review the child's most recent educational evaluation and request a copy of the results. The evaluation should be current and complete and the results explained so everyone understands the educational implications.
Review the child's last individualized education program (IEP) to prepare for developing his or her next one, and review the last progress report on the child's goals or objectives.
Think of a plan for regular communication with the school and keeping the child's county case manager informed.
Make an appointment to visit the child's classroom. Observing the child in the classroom accomplishes two important functions: 1) seeing how the child performs and is progressing in the classroom, and 2) establishing rapport with the teacher.
Visit the child's home or facility if the child does not live with the surrogate parent. This is to learn how the child functions at home.
Talk with professionals who work with the child. They can offer a wealth of information about the child's progress and personality.
Talk to the child if possible. Although a child can provide invaluable personal information and perspectives, some children cannot communicate well.
Complete the "student profile" and jot down any notes that may be important for everyone to know about the child. A surrogate can share such aspects of the child's life as interests, hobbies, relationships to others, behavior at home, and difficulties.
Bring notes on the child's needs, strengths, and realistic expectations of progress for the year.
Write down a list of questions. Before the meeting, the surrogate parent can think of questions of areas of discussion that may be important for coming to a decision about the child's program.
Find out who will attend the meeting. The surrogate can also decide if it is necessary to bring a person from outside the school to the meeting. The surrogate should notify the school when inviting another person to attend.
Explore other programs offered by the school that may be appropriate for the child.

These points are a framework for a surrogate parent's informed participation in the child's educational program. Adequate preparation may seem time-consuming, but it is worthwhile. The surrogate parent will then have the confidence to advocate for the student at meetings.

The surrogate parent has the same rights and responsibilities as any other parent. The surrogate parent can bring someone else to the special education meetings. The surrogate parent is a very important member of the team.

There are many resources available for surrogate parents. Attending local parent special education advisory committee (SEAC) meetings or contacting various organizations that hold workshops on specific topics can lead the surrogate to other parents and professionals who can offer advice and support.

Resolving differences with the school

Most participants want IEP meetings to result in mutual agreement about an appropriate educational program for the child. However, this doesn't always happen. The surrogate parent can:

Discuss concerns with the child's IEP case manager
Request another IEP meeting to discuss specific issues and concerns
Explore other school programs or placements if necessary
Consider requesting a conciliation conference, mediation, or an alternate form of dispute resolution
If the above methods don't work and the situation is appropriate, consider initiating due process procedures
It if appears that the school is not complying with special education laws, consider filing a complaint with the state's Division of Compliance and Assistance.

For information about the dispute resolution methods mentioned above contact PACER Center, pacer@pacer.org .

Tips on resolving conflicts

Put requests in writing and ask for a written response
Keep written records of communication with the school
Clarify issues and priorities related to points of agreement and disagreement
Define possible solutions

Questions and answers

Q: Why can't staff members of the school, county, or the care facility where the child lives be responsible for representing the child on educational matters?

A: There are a number of reasons:

Both the school and agency may have restrictions that conflict with meeting the child's individual needs
Neither the school nor the agency can act as a totally neutral party to advocate without conflict of interest

Q: Can surrogates parents receive a stipend?

A: There is no requirement in Minnesota that a surrogate parent receive compensation; however, the school may choose to cover the expenses, such as mileage, of the surrogate parent or offer payment for expenses.

Q: What is the difference between a surrogate parent and a foster parent?

A: Sometimes the foster parent IS considered to be the "parent." If the foster parent meets all the requirements of the definition of parent, the foster parent is the parent and no surrogate need be appointed.

Sometimes, however, a child in need of a surrogate parent will have both a foster parent and a surrogate parent. When the requirements of "parent" are not met by a foster parent, the school district can appoint the foster parent as the surrogate parent or appoint someone else. The foster parent is often the most logical choice. Whoever the school district appoints has the right to make special education decisions for the child. The foster parent would have all other rights granted them by the placing agency.

Click here for Minnesota Rule 3525.0210 Subpart 34.

Q. Do surrogate parents have rights to the child's educational records?

A: Surrogate parents have all the rights guaranteed to parents under special education laws and the Family Educational Rights and Privacy Act (FERPA). Surrogate parents can see, correct, obtain copies of, and approve or disapprove the right of other to see the child's educational records. If an agency other than the school has records that the surrogate parent thinks are relevant to special education planning, the surrogate would call that agency to discuss release of records to the school for educational planning.

Q: Do surrogate parents have a choice in the selection of the child?

A: Yes. For example, surrogates may request assignment to a child with a certain disability or in a certain age group.

Q: Can a surrogate parent be assigned to represent a student over the age of 18?

A: In Minnesota students ages 18 through 21 are viewed as serving as their own parents. Therefore, if the student is able to make their own decisions, a surrogate would not be necessary. If the student is a ward of the state and it is appropriate, a surrogate may be assigned.

Q: Are a surrogate parent's activities evaluated?

A: Schools are responsible for monitoring the activities of each surrogate parent to make sure that he or she is fulfilling the duties as set forth by state and federal rules.

Q: How often can a surrogate visit the child's classroom?

A: A surrogate parent may visit the child's classroom as often as necessary to get to know the child and begin a profile of his or her needs and abilities as well as to monitor how the program is working. Check with the school about the procedures for visiting the classroom by contacting the teacher or principal. Make separate arrangements with any of the school's other staff who may be serving your child. Do not interrupt the teacher while you are observing.

Q: Can a surrogate become more involved with the child, beyond participating in his or her school program?

A: Some volunteer surrogate parents choose to become more involved by visiting the child at home or taking him or her on outings, for example. This decision is make jointly between the surrogate and persons where the child is living. The surrogate can be effective even if not involved outside of the area of education.

Q: Can a surrogate be held liable for making a wrong decision?

A: In Minnesota there is no legislation that specifically protects any parent, including surrogate parents, from being held liable. However, there has never been a situation in which a surrogate parent was held liable for his or her decisions.

Q: How much does a surrogate parent need to know about the child's disability and where can this information be found?

A: To be an effective surrogate parent, it is helpful to acquire some information about the child's disability. The child's teacher, many state and national organizations, and the local library may have helpful information. PACER Center has a resource list of disability organizations (www.pacer.org).

Q: After the appointment, where can a surrogate parent obtain answers to questions?

A: First, contact the child's special education teacher, principal, or other school person who works with the child. Other sources of information are PACER Center, Minnesota's statewide parent training and information center; other parents of children with disabilities; and disability support groups.

Contact surrogate@pacer.org to ask PACER staff a surrogate parent question.

Q: What happens if a surrogate is trained but the school does not assign a child to the surrogate parent?

A: There are several reasons why a surrogate may not be immediately assigned a child. No children may currently be in need of a surrogate parent or more volunteers may be available than needed. The surrogate should let the school know of continued interest, even if not assigned right away. If the surrogate wonders if there is a specific reason why he or she was not assigned a child, he or she should contact the person in charge of surrogate appointments or the Minnesota Department of Education Division Compliance and Assistance (651-582-8689) to discuss the concerns.

Q: Can a surrogate parent resign?

A: A surrogate parent wishing to resign can contact the person in charge of surrogate parent appointments within the school district or special education cooperative and discuss the decision. All copies of records must be returned.

Q: Why might a school terminate a surrogate parent's appointment?

A: The surrogate should be informed about the reason for termination and has the right to be heard at a school board meeting to appeal the termination. A complaint can also be filed with the Division of Compliance and Assistance if the termination appears to be inappropriate. There are several reasons why the school might discontinue an assignment such as:

The child changes school districts because of a change in living arrangements or residential needs.
An "unavailable parent" becomes available again.
The child reaches the age of 18 and no longer needs a surrogate parent.
The child's status as a special education student changes (the surrogate would be involved in decision-making regarding these changes).
The school thinks the surrogate parent has not fulfilled the responsibilities of a surrogate parent.

Q: If the child no longer needs a surrogate parent, can a surrogate be reassigned?

A: The surrogate can write or call the person in charge of surrogate parent appointments in the school district or special education cooperative to request an appointment to represent another child.

Q: As a volunteer, what is the surrogate parent's role at the child's place of residence?

A: The surrogate only has the authority to make decisions about the child's special educational needs. However, it is important to talk to other people involved with the child, especially in his or her home environment, in order to get a complete picture of the child's needs. Make sure that the social workers and others at the residence understand the surrogate's role to gain their cooperation in securing information necessary to help in making decisions about the child's special educational program.

Q: How can a volunteer surrogate parent gain the confidence needed to participate fully in planning the child's educational program?

A: It is difficult for a volunteer to become as familiar with the child as a parent or foster parent. However, because the important first step has been made--agreeing to take on the role of surrogate parent--the rest is just taking the time to become acquainted with the child and his or her educational background. By following the suggestions in this training, talking with professionals and other parents, and reading about the child's educational background, a volunteer can gain the confidence that comes through knowing. As time goes on and your experience and your knowledge increase, so will confidence.

Q: Can the child receive special services if the surrogate parent refuses to sign the IEP?

A. The school cannot place the child into a special education program for the first time without the consent of the surrogate. If it is not an initial placement, the school can make proposed changes and will proceed unless the surrogate parent objects in writing within 10 days of receiving the proposal.

Q: What if the surrogate parent does not understand what is written in the child's IEP?

A: If there is special education terminology or language that the surrogate parent does not understand, it is the responsibility of the surrogate parent to ask questions of school staff involved or contact PACER Center.

Q: What should or should not a surrogate parent sign?

A: Surrogate parents will be asked to sign all the forms relating to the child's special education, including evaluation and the IEP. Consent should not be given to any proposal that seems inappropriate for the child's needs. (See Resolving differences with the school.) Permission for all other types of activities is given by the child's county caseworker, residential care provider, or other person responsible for his or her care.

Q: Do professionals resent a surrogate parent's full participation at an IEP meeting?

A: Special education law gives you a right to full participation. Your role is to represent the child's interests. Anyone responds better to a positive, assertive attitude. If the surrogate parent is prepared, interested, listens, and is concerned, the professionals are more likely to see the surrogate parent as an equal and valuable participant.

Q: If, during an IEP meeting, the emphasis is on academic skills while the surrogate parent believes that it should be on building independence, what can the surrogate parent do?

A: The surrogate parent should not be reluctant to express concern over the emphasis on academics if, based on the surrogate parent's observations of the child or evaluation data, building independence is as important or perhaps more important than academics.

Q: What happens if the surrogate parent requests a particular service for the child that the school says they cannot provide because of lack of money?

A: Money cannot be used as a reason for not providing appropriate and needed services. If the IEP team determines a service is necessary to meet the needs of a child, the team can look at alternative ways to provide the service. Does a neighboring school district or agency in the community have the service? Whatever the team decides to do should be put in writing. The surrogate parent can monitor the progress to prevent undue delay in the provision of a needed service.

Q: What if the school will not listen to the surrogate parent's concerns about the child's educational needs?

A. School staff should respect your role of parent on behalf of the child. The first step is always reasonable discussion with school personnel, beginning with the IEP case manager. The surrogate parent can also contact an advocacy organization such as PACER for assistance in deciding what are the best options and what steps could be taken.

Student profile sheet

Child's name _________________ Birth date___________

School______________________ Phone_______________

Teacher_____________________ Grade_______________

What my child is interested in:
Things my child is ready to learn:
My child is best at:
My child needs help with:
Help my child has received in the past:
Concerns with my child's current placement:
Possible alternatives or additions to my child's current service:

Minnesota Rule 3525.0210 Subpart 34:

"Parent" means:

A natural or adoptive parent of a child
A guardian, but not the state if the child is a ward of the state

C. A person acting in the place of a parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare,

D. A surrogate parent who has been appointed by the district, or

E. A foster parent if:

1. the child's natural parents' authority to make educational decisions on the child's behalf has been extinguished under state law;

2. the foster parent has an ongoing, long-term parental relationship with the child;

3. the foster parent is willing to make the educational decisions required of the parents under IDEA; and

4. the foster parent has no interest that would conflict with the interests of the child.

Minnesota Rule 3525.0210 Subpart 43:

"Surrogate parent" means a person appointed by the providing district to intervene on behalf of a pupil, to help ensure that the rights of the pupil to a free appropriate education are protected. The surrogate parent shall not be a person who receives public funds to educate or care for the child. However, a foster parent may serve as a surrogate parent if appointed and if no conflict of interest exists.

Minnesota Rule 3525.2435 Effort to locate parent:

Reasonable efforts shall be made to locate the parent.
These may be made through documented phone calls,
letters, certified letters with return receipts, and visits
to the parent's last known address.)

Minnesota Rule 3525.2440 Surrogate parent appointment:

The district shall appoint the surrogate parent when:

The parent, guardian, or conservator is unknown or unavailable
The pupil is a ward of the commissioner of human services or

C. The parent requests in writing the appointment of a surrogate parent. The request may be revoked in writing at any time.

Minnesota Rule 3425.2445 Consultation with county social services:

The district shall consult with the county social services office before appointing the surrogate parent when a pupil is the ward of the commissioner of human services.

Minnesota Rule 3525.2450 Removal of Surrogate Parent:

A surrogate parent may be removed by majority vote of the school board. The surrogate parent must be notified of the time and place of the meeting at which a vote is to be taken and of the reasons for the proposed removal. The surrogate parent shall be given the opportunity to be heard. Removal may be for any of the following reasons:

A. failure to perform the duties required in the team meeting and IEP process and those cited in Code of Federal Regulations

B. conflict of interest as referenced in Code of Federal Regulations

C. actions that threaten the well-being of the assigned pupil

D. failure to appear to represent the pupil; or

E. the pupil no longer needs special education and related services.

Minnesota Rule 3525.2455 Surrogate parent knowledge and skills:

The district shall either make the information and training available to the surrogate parent or appoint a surrogate parent who has all of the following:

A. a knowledge of state and federal requirements

B. a knowledge of district structure and procedures

C. an understanding of the nature of the pupil's disability and needs and

D. an ability to effectively advocate for an appropriate educational program for the pupil.

IDEA 2004 Section 615(b)(2):

Procedures shall include the following: (A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child. In the case of a child who is a ward of the state, such surrogate may alternatively be appointed by the judge overseeing the child's care provided that the surrogate meets the requirements of this paragraph, and an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)), the local educational agency shall appoint a surrogate in accordance with this paragraph. (B) The State shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the agency that the child needs a surrogate.

Thank you for completing this training!
If you have questions or need more information, e-mail your questions to surrogate@pacer.org.

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