APPOINTMENT
OF SURROGATES
Appointment of Surrogates:
- Biological parent(s) must be
invited to IEP meetings unless there is a court order terminating the
right to make educational decisions for a child. There is a distinction
between custodial rights and educational rights. A parent's custodial
rights may be removed; however, unless educational rights have
specifically been revoked, the parent retains decision-making rights under
IDEA. When the status of a parent's educational decision making rights are
in question, a good question to pose to the social worker is, "Can
the child be adopted?" If the child is adoptable, all rights of the
parent have been severed. A surrogate would need to be appointed.
- If unable to locate parent(s), a
surrogate would need to be appointed.
- A guardian ad litem may only
serve as parent if he/she has been appointed by the court or meets the
criteria and has been appointed as educational surrogate by the LEA.
- Employees of state agencies
involved in the education or care of the child, such as the LEA, DSS,
DHHS, group home employees, and therapeutic foster parents may not be
appointed as surrogates.
Please contact the EC Office
for a list of approved surrogates.