NC 1504-1.20 Surrogate Parents

Plain English summary

This regulation requires LEAs to protect the educational rights of children who lack an identified or locatable parent, are wards of the state with terminated parental rights, or are unaccompanied homeless youth by assigning a qualified surrogate parent. Surrogate parents must meet specific conflict-of-interest and competency criteria and may represent the child in all matters related to identification, evaluation, placement, and FAPE. The SEA must ensure surrogate assignment within 30 days of an LEA determining the child needs one.

Key requirements

• Each LEA must ensure that the rights of a child are protected when no parent can be identified, the LEA cannot locate a parent after reasonable efforts, the child is a ward of the State and parental rights have been terminated, or the child is an unaccompanied homeless youth.
• The duties of an LEA 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.
• LEAs must ensure that a person selected as a surrogate parent is not an employee of the SEA, the LEA, or any other agency involved in the education or care of the child.
• LEAs 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.
• LEAs 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 surrogates without regard to the non-employee requirement.
• 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 an LEA determines that the child needs a surrogate.

Affected parties

• LEAs (Local Education Agencies)
• SEA (State Education Agency)
• Children without identifiable or locatable parents
• Wards of the State
• Unaccompanied homeless youth
• Surrogate parents
• Judges overseeing child welfare cases
• Emergency shelter staff
• Transitional shelter staff
• Independent living program staff
• Street outreach program staff

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=94