Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-4
Subject 160-4-7 - SPECIAL EDUCATION
Rule 160-4-7-.11 - Surrogate Parent
Current through Rules and Regulations filed through March 20, 2024
(1) APPOINTMENT. In order to provide every child eligible for a public education with the protection of procedural due process, a surrogate parent shall be appointed by the LEA when:
(2) LEA DUTIES.
(3) WARDS OF THE STATE. In the case of a child who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, provided that the surrogate meets the requirements in paragraphs (4)(a)(i) and (4) of this section. [34 C.F.R. § 300.519(c)]
(4) CRITERIA FOR SELECTION OF SURROGATE PARENTS.
(5) NON-EMPLOYEE REQUIREMENT; COMPENSATION. A person otherwise qualified to be a surrogate parent under paragraph (4) of this section is not an employee of the LEA solely because he or she is paid by the LEA to serve as a surrogate parent. [34 C.F.R. § 300.519(e)]
(6) UNACCOMPANIED HOMELESS YOUTH. 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 paragraph (4)(a)(i) of this section, until a surrogate parent can be appointed that meets all of the requirements of paragraph (4) of this section. [34 C.F.R. § 300.519(f)]
(7) SURROGATE PARENT RESPONSIBILITIES. The surrogate parent may represent the child in all matters relating to -
(8) LIABILITY. Any individual appointed to act as a surrogate parent for a child with a disability under IDEA 2004 shall not be liable for any civil damages for any action or actions done while performing duty as a surrogate parent, except for acts or omissions to act constituting gross, willful, or wanton negligence. [O.C.G.A. Section 20-1-5]
(9) This rule shall become effective July 1, 2007.
O.C.G.A. Secs. 20-1-5, 20-2-133, 20-2-152, 20-2-200, 20-2-240, 20-2-302.