PROCEDURES
Special Education and Student Services



Procedures

 


PROCEDURE FOR APPOINTMENT
OF SURROGATE PARENTS

Related Albemarle County Special Education Forms:

  • 70.01 - Referral for Surrogate Parent (PDF) (WORD)
  • 70.02 - Application for Appointment for a Surrogate Parent (PDF) (WORD)
  • 70.03 - Appointment of Surrogate Parent Notification (PDF) (WORD)
  • 70.04 - Anual Review of Appointment of Surrogate Parent (PDF) (WORD)

If you are interested in serving as a Surrogate Parent for a student with Disabilities hwo does not have parental representation in the special education process - please click here formore information.

 

Surrogate Parents means a person appointed in accordance with procedures to ensure that children are afforded the protection of procedural safeguards and the provision of a free and appropriate education. The surrogate parent, when representing the child's educational interest, has the same rights as those accorded to parents in all aspects of special education procedures.

I. PROCEDURE FOR APPOINTMENT

A Surrogate Parent shall be appointed if:

1. No parent can be identified.

2. After reasonable efforts, the school cannot discover the whereabouts of a parent.

3. In the case of a student who has reached the age of majority, the school has received written notification that the child is not competent to provide informed consent and no family member is available to serve as the child's educational representative.

The local education administrator or designee shall establish the need for a surrogate parent using the above criteria upon the scheduling of:

· A Child Study meeting to determine if a special education evaluation is warranted
· The initiation of an initial or re-evaluation for special education services
· An initial or continued IEP Meeting

If it is determined that a surrogate parent is required, the following will be completed:

1. School will review the division wide listing of available surrogate parents on the Albemarle County Special Education Web site. However, this does not preclude the school administrator or designee from consideration of the appointment of a relative of the child, the foster parent who has the knowledge and skills to represent the child, a qualified person of the same racial, cultural, or linguistic background of the child, and the appropriateness of the child's participation in the selection of the surrogate parent, as appropriate.

2. Once a potential surrogate parent is identified, Form 70.01 is completed by the School Administrator or designee and 70.02 is completed by the potential surrogate parent. A copy of each form is placed in the student's educational record and a copy is forwarded the Special Education Office. The school administrator or designee in consultation with the special education coordinator that serves the school, makes the appointment official.

3. Form 70.03 is completed by the Administrator or Designee and sent to:

a. The child with a disability, aged two to 21, inclusive, as appropriate to the disability;

b. The surrogate parent-appointee;

c. The person charged with the responsibility for the child; and

d. The custodial state agency charged with responsibility for the child.

e. A copy is placed in the child's educational record.

II. DURATION OF APPOINTMENT

The surrogate appointment shall serve during, or for the duration of, the school year for which the surrogate parent is appointed.

· When it has been determined that the child requires a differentiated instructional program as delineated in the IEP, the surrogate parent shall be appointed to serve for the duration of the child's IEP.

· If the child requires the services of a surrogate parent during the summer months, the local educational agency shall extend the appointment as needed, consistent with timelines required by law.

· At the conclusion of each school year, the appointment of surrogate parents shall be renewed or not renewed following a review by the school administrator or designee.

III. REVIEW OF APPOINTMENT OF SURROGATE PARENT

An annual review of the appointment of surrogate parent shall be conducted prior to the expiration of appointment of the surrogate parent (Form 70.04) by the and school administrator or designee forward the results to the Albemarle County Office of Special Education. A copy of the review will be sent to the Surrogate and a copy placed in the student's educational record. The appointment may be terminated if any one or more of the conditions noted below (1-6) occurs:

1. The child reaches the age of majority and rights are transferred to the child or to an educational representative who has been appointed for the child according to the procedures outlined under "Age of Majority" procedures.

2. The child is found no longer eligible for special education services and the surrogate parent has consented to the termination of those services;

3. Legal guardianship for the child is transferred to a person who is able to carry out the role of the parent;

4. The parent or parents, whose whereabouts were previously unknown, are now known and available;

5. The surrogate parent is no longer eligible to be a surrogate parent as outlined in "Qualifications of Surrogate Parents";

6. The surrogate parent wishes to discontinue the appointment as surrogate parent.

If the appointment of the surrogate parent is terminated or changed, and it is determined that another surrogate parent is required, the building administrator or designee must initiate the process to appoint a qualified surrogate parent. Please refer to "Procedures for Appointment" for instructions.

The student or parent being removed must request a hearing in writing to challenge the qualifications or termination if the latter occurs prior to the end of the term of appointment. The hearing will be scheduled and facilitated ed the school administrator or designee. The school administrator will have the discretion to invite school and central office staff and will make a final decision within 10 business days of the hearing.

IV. QUALIFICATIONS OF SURROGATE PARENTS

Albemarle County Schools will ensure that a person appointed as a surrogate parent is qualified as such:

1. Has no interest that conflicts with the interest of the child;

2. Has knowledge and skills that ensure adequate representation of the child. The prospective surrogate parent must have completed the Albemarle County Public School's Surrogate Parent Training session prior to representing the child.

a. Thereafter, Albemarle County Public Schools will provide annual training, as necessary, for surrogate parents to ensure that they possess knowledge of special education and related services for children with disabilities, as well as knowledge of the legal requirements necessary to represent the children effectively.

3. Is not an employee of the Virginia Department of Education, or any other agency which is involved in the education or care of the child;

4. Is an adult; and

5. Resides in the same general geographic area as the child, whenever possible.


V. SPECIAL NOTES

Students Who Do Not Need Surrogate Parents

1. The natural parent or parents or guardians are allowing relatives or private individuals to act as a parent

2. The child is in the custody of the local department of social services or a licensed child placing agency, and termination of parental rights has been granted by a juvenile and domestic relations district court. The foster parent for that child may serve as the parent of the child for the purposes of any special education proceeding.

3. The child is in the custody of a local department of social services or a licensed child-placing agency, and a permanent foster care placement order has been entered by a juvenile and domestics relations district court. The permanent foster parent named in the order for that child may serve as the parent of the child for the purposes of any special education proceedings.


**Social Service Representatives may not, under any circumstances, be a surrogate parent.


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