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.