Current through September 24, 2024
(1) Each LEA shall
have written policies and procedures for the recruitment, training and
appointment of surrogate parents.
(2) Each LEA shall appoint a surrogate parent
to represent the child in all matters relating to the identification,
assessment, educational placement, and the provision of a FAPE, including
meetings concerning the individualized education program, and any mediation and
due process hearings pertaining to the child when it determines that:
(a) No parent can be identified;
(b) It is unable to locate a parent by calls,
visits and by sending a letter by certified mail (return receipt requested) to
the last known address of the parent and allowing thirty (30) days for a
response of the intention to appoint a surrogate parent;
(c) If the child is a ward of the State
(including a ward of the court or a state agency); and/or
(d) 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)
).
(3) If the health or
safety of the child or other persons would be endangered by delaying the change
in placement, due to the unavailability of a surrogate, the change in
educational placement may be made sooner, but without prejudice to any rights
that the child and parent may have.
(4) The surrogate parent shall continue to
represent the child until one (1) of the following occurs:
(a) The child is determined by the IEP team
to no longer be eligible for, or in need of special education or related
services, except when termination from such programs is being
contested;
(b) The parent or
guardian, who was previously unknown, or whose whereabouts were previously
unknown, becomes known;
(c) The
legal guardianship of the child is transferred to a person who is able to
fulfill the role of the parent; or
(d) The child attains eighteen (18) years of
age.
(5) Criteria for
selection of surrogate parents.
(a) A person
selected as a surrogate parent shall not be an employee of the Department of
Education, the LEA, or any other agency that is involved in the education or
care of the child.
1. A person is not
considered to be an employee of the LEA solely because he or she is paid by the
LEA to serve as a surrogate parent.
2. A person is not considered to be an
employee of the State solely because he or she is paid by the State to serve as
a foster parent.
(b) A
person selected as a surrogate parent must have knowledge and skills that
ensure adequate representation of the child.
(c) An LEA may select a surrogate parent to
represent the child for educational purposes. The selected person may be an
employee of a nonpublic agency that only provides non-educational care for the
child provided they are able to meet the standards and perform the
responsibilities of a surrogate parent.
(d) Foster parents, selected by a state
agency as the custodian for a child, who have had a foster child or children
with disabilities for less than one (1) calendar year, may be appointed by an
LEA to serve as surrogate parents for their foster child or children and may
represent the child for educational purposes, provided that they perform the
responsibilities of a surrogate parent.
(6) Responsibilities of a surrogate parent.
(a) A surrogate parent must have no interest
that would conflict with the interests of the child to be
represented;
(b) A surrogate parent
must have knowledge and skills that ensure adequate representation of the
child, including a functional understanding of the educational rights of
children with disabilities;
(c) A
surrogate parent must participate in whatever training program might be offered
to ensure that they will have knowledge and skills to provide adequate
representation of the child;
(d) A
surrogate parent must represent the child throughout the special education
decision making process of identification, evaluation, program development,
initial placement, review of placement, and reevaluation, as
appropriate;
(e) A surrogate parent
must be acquainted with the child and his or her educational needs;
(f) A surrogate parent must attempt to
ascertain the child's educational needs and concerns;
(g) A surrogate parent must respect the
confidentiality of all records and information;
(h) A surrogate parent must become familiar
with the assistance provided by other human service agencies in the community
that affects the child or that might be helpful resources; and
(i) A surrogate parent must monitor the
child's educational program and placement.
Authority: T.C.A. §§
49-10-101,
et seq., and 34 C.F.R. Part 300.
