Surrogate Parents

A surrogate parent is an adult, other than a child’s parent, appointed to represent the educational interests of a student who may be or who has been determined eligible for special education and related services. (Determination of Need for Surrogate Parent) The surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child and the provision of a FAPE. A surrogate parent must have knowledge and skills that ensure adequate representation of the child. A surrogate parent may NOT be an employee of the state educational agency (SEA), the local educational agency (LEA/District), or any other agency that is involved in the education or care of the child. In addition, the surrogate parent may not have any personal or professional interest that conflicts with the interest of the child the surrogate parent represents. (Surrogate Parent Verification of Eligibility Form)

The district must assign an individual to act as a surrogate parent when:

• No parent can be identified;


• The district, after reasonable efforts, cannot locate a parent;


• The child is a ward of the state under the laws of that state; or


• The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(6)).

In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to the requirements, until a surrogate parent can be appointed that meets all of the requirements. The District must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after determining that the child needs a surrogate parent.

In cases where a parent is unresponsive, lives a great distance from their child’s district, or is incarcerated, the district may obtain written authorization from the parent to appoint a surrogate parent to represent the child after the initial consent for placement has been obtained. Parent permission for the appointment of a surrogate parent must be voluntary and explicitly authorized in writing and is revocable at any time. (Parent Authorization for Appointment of a Surrogate) The surrogate parent, once appointed, may then represent the child until such time as the parent revokes authorization. (Surrogate Parent Removal Letter)

Who Is Considered a "Parent"

South Carolina law defines “parent” as a biological parent, adoptive parent, step-parent, or a person with legal custody.

The IDEA defines “parent” as:

1. A biological or adoptive parent of a child;


2. A foster parent, unless state law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;


3. A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the state if the child is a ward of the State);


4. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or


5. A surrogate parent who has been appointed in accordance with the IDEA regulations at 34 C.F.R. § 300.519 or section 639(a)(5) of the IDEA.

A foster care or therapeutic foster care parent can serve as a surrogate parent. A foster parent is not considered an agency employee involved in the care of a child solely because he or she receives payment for the child cared for in the foster home. However, if the foster parent meets the definition of a parent under the IDEA, it is not necessary for the foster parent to be appointed as a surrogate parent.

Determination of Need for A Surrogate Parent

In order to ensure that an appropriate determination has been made, the classroom teacher or primary evaluator (if student is in the Initial Evaluation process) or the Case Manager (for students transferring into the school district) will obtain a Determination of the Need for a Surrogate Parent form prior to the Evaluation Planning process and anytime a student transfers into Greenville County Schools. If it is determined that a surrogate parent must be appointed, the Case Manager is responsible for securing the signed Surrogate Parent Verification of Eligibility Form. Upon receipt of the signed Surrogate Parent Verification of Eligibility Form, the Case Manager will send the Surrogate Parent Assignment Letter to the individual who will serve as the child's surrogate parent and include the form in the student’s special education record behind the File Access/Release Record. Additionally, the form should be uploaded to the IEP software system (EasyIEP) as an “External Document.” The Case Manager will also provide a copy of the form to the school’s records clerk for inclusion in the student’s permanent record.

For a list of available Surrogate Parents, the Case Manager should contact their Special Education Specialist.

What Are the Responsibilities of an Educational Surrogate Parent

A surrogate parent is expected to:

• Attend an initial training session and follow-up training, if needed, should the laws and regulations regarding students with disabilities change


• Become familiar with the district’s procedures for providing services to students with disabilities


• Meet the student


• Meet the student’s teacher(s) and others who work with the student


• Observe the student’s school day, if needed


• Become familiar with the student’s background, abilities, and areas of special need


• Participate in individual education program (IEP) and other educational meetings regarding the student


• Help to make decisions about the student’s education


• Give or withhold consent for actions proposed by the district, as appropriate


• Ask the school to take actions related to the student’s education


• Understand all procedural safeguards available and invoke them as appropriate

The responsibilities of a surrogate parent are limited to matters relating to the provision of a free appropriate public education (FAPE) for a student. (Surrogate Parent Statement of Rights and Responsibilities) The following areas are specifically excluded from the purview of the surrogate parent: care, maintenance, custody, residential placement, and identification and evaluation activities not relating specifically to special education.

Who Can Be an Educational Surrogate Parent?

The required qualifications for individuals who are being considered for service as a surrogate parent for students with disabilities or suspected disabilities in Greenville County Schools are as follows. The individual must:

• Be over 18 years of age, a citizen of the United States and a resident of South Carolina


• Be a non-employee of the local school board or other public or private agency involved in the education or care of the child


• Possess knowledge, skills, and experience demonstrated by successful completion of training to ensure adequate representation of the child


• Have no interest that conflicts with the interest of the child whom the surrogate represents (* An individual would have a conflict of interest if he or she holds a position that might restrict or bias the ability to advocate for all the services required to ensure a free appropriate public education for the children represented. Individuals could also have a conflict of interest in being appointed as surrogate for a child if they are also responsible for other children who may have competing interests within the same public agencies.)
  
  Surrogate Parent Verification of Eligibility Form
  
  Surrogate Parent Statement of Rights and Responsibilities