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.