§ 300.519 Surrogate parents.

Plain English summary

This section requires public agencies to protect the rights of children who lack an identifiable or locatable parent, are wards of the State, or are unaccompanied homeless youth by assigning a qualified surrogate parent. The surrogate parent must meet specific conflict-of-interest and competency criteria and may represent the child in all matters relating to identification, evaluation, educational placement, and FAPE. The SEA must make reasonable efforts to ensure surrogate assignment within 30 days of the determination that one is needed.

Key requirements

• Each public agency must ensure that the rights of a child are protected when no parent can be identified, the public agency cannot locate a parent after reasonable efforts, the child is a ward of the State, or the child is an unaccompanied homeless youth.
• The duties of a public agency include the assignment of an individual to act as a surrogate for the parents, including a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child.
• 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 (d)(2)(i) and (e) of this section.
• Public agencies must ensure that a person selected as a surrogate parent is not an employee of the SEA, the LEA, or any other agency that is involved in the education or care of the child.
• Public agencies must ensure that a person selected as a surrogate parent has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents.
• Public agencies must ensure that a person selected as a surrogate parent has knowledge and skills that ensure adequate representation of the child.
• A person otherwise qualified to be a surrogate parent is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.
• 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 (d)(2)(i) of this section, until a surrogate parent can be appointed that meets all of the requirements of paragraph (d) of this section.
• 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 FAPE to the child.
• The SEA must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Public agencies
• Children with disabilities who lack identifiable or locatable parents
• Children who are wards of the State
• Unaccompanied homeless youth
• Surrogate parents
• Judges overseeing wards of the State
• Staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.519