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:
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The parent is unknown or unavailable
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The pupil is a ward of the state
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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.