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.