Surrogate Parent Decision-Making Flowchart
?
Is the student 18
years old or older?
Yes
No
Surrogate Parent Decision-Making Flowchart
Does someone have guardianship over
the adult student? 1
Yes
?
No
1
Guardianship can only be established by a court
who determines that the individual is legally
incompetent.
Surrogate Parent Decision-Making Flowchart
No surrogate parent is needed. 2
2
The court-appointed guardian is the legal decision
maker and should be invited to participate in the
ARD on the same basis as the parent of the student
under the age of 18.
Surrogate Parent Decision-Making Flowchart
No surrogate parent is needed. 3
3
The student is legally an adult, and, thus, is
his/her own educational decision maker, regardless
of functioning level or type of disability.
Surrogate Parent Decision-Making Flowchart
Are you able to identify and contact a
parent? (This question relates to your
ability to locate the parent, not where
the parent is located.) 4
Yes
?
No
4
IDEA (34 CFR § 300.30 (a) – (b)) defines parent as: (1) a natural or
adoptive parent of the child; (2) a foster parent (unless prohibited
by law or contractual obligations); (3) a guardian (but not the State
if a child is a ward of the State); (4) an individual acting in the
place of a biological or adoptive parent (including a grandparent,
step-parent, or other relative) with whom the child lives, or an
individual who is legally responsible for the child’s welfare; or (5) a
surrogate parent. The biological or adoptive parent has priority in
acting as the parent unless the biological or adoptive parent does
not have legal authority to make educational decisions for the
child. If a judicial decision exists naming a particular person above
to act as a parent, then that person must be determined to be the
“parent” for that child.
Surrogate Parent Decision-Making Flowchart
Is the child a ward of the state? 5
Yes
?
No
5
In determining whether a child is a ward of the
state, ascertain whether TDFPS has temporary or
permanent managing conservatorship of the child.
Surrogate Parent Decision-Making Flowchart
Does the parent have educational
decision making rights? 6
Yes
?
No
6
These rights can only be revoked by a court.
Surrogate Parent Decision-Making Flowchart
No surrogate parent is needed. 7
7
Proceed with the ARD process as you normally
would. (Note: The parent may choose to participate
by telephone or other means and/or waive his/her
right to participate in the ARD.)
Surrogate Parent Decision-Making Flowchart
The student needs a surrogate
parent.
Continue
Surrogate Parent Decision-Making Flowchart
Is the student an unaccompanied
homeless youth?
Yes
No
?
Surrogate Parent Decision-Making Flowchart
The student needs a
surrogate parent. 8
Continue
8 Appropriate
staff of emergency shelters, transitional
shelters, independent living programs, and street outreach
programs may be appointed as temporary surrogate parents
until a “permanent” surrogate parent can be identified.
Surrogate Parent Decision-Making Flowchart
The student needs a surrogate
parent if you are still unable to
locate and identify a parent.
Continue
Surrogate Parent Decision-Making Flowchart
Does the foster parent have a conflict
of interest with the child?
Yes
No
?
Surrogate Parent Decision-Making Flowchart
The assignment of a surrogate parent must be made
no later than 30 days after the identification of a need
for a surrogate parent.
Additional Resources:
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
The surrogate parent must complete surrogate parent
training no later than 90 calendar days after date of
assignment as surrogate parent.
Documentation Required
The LEA must maintain documentation of the
surrogate parent’s fulfillment of responsibilities,
including training.
9
If the judge assigns a surrogate parent, the LEA must accept
the judge’s assignment of the surrogate parent.
Surrogate Parent Decision-Making Flowchart
This surrogate parent can be assigned by the judge
overseeing the student’s case or by the LEA. 9
The student
needs a
surrogate
parent.
The assignment of a surrogate parent must be made no later
than 30 days after the identification of a need for a surrogate
parent.
The surrogate parent must complete surrogate parent
training no later than 90 calendar days after date of
assignment as surrogate parent.
Documentation Required
Additional Resources:
The LEA must maintain documentation of the surrogate
parent’s fulfillment of responsibilities, including training.
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
9
If the judge assigns a surrogate parent, the LEA must accept the
judge’s assignment of the surrogate parent.
Surrogate Parent Decision-Making Flowchart
Has the student been placed with the
foster parent for 60 days or longer?
Yes
No
?
Surrogate Parent Decision-Making Flowchart
This surrogate parent can be assigned by the judge
overseeing the student’s case or by the LEA. 9
The student
needs a
surrogate
parent.
The assignment of a surrogate parent must be made
no later than 30 days after the identification of a need
for a surrogate parent.
Did the LEA choose to assign the foster parent as the
surrogate parent?
Requirement
The need for a surrogate
parent must be reassessed after the child
has been with the foster
parent for 60 days.
Yes
?
No
Additional Resources:
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
9
If the judge assigns a surrogate parent, the LEA must accept
the judge’s assignment of the surrogate parent.
Surrogate Parent Decision-Making Flowchart
Did the LEA choose to
assign the foster parent as
the surrogate parent?
No
?
Documentation Required
The LEA must give the foster parent prior
written notice of denial within 7 calendar days
of the date on which the decision was made. 11
The surrogate parent must complete a training
program within 90 calendar days of date of
initial assignment as surrogate parent.
Documentation Required
Additional Resources:
The LEA must maintain documentation of the
surrogate parent’s fulfillment of
responsibilities, including training.
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
11
This notice must: (1) specify the reason(s) for denial (specifically
explain the interests of the foster parent that conflict with the
interests of the child); and (2) inform the foster parent of his/her
right to file a complaint with TEA.
Surrogate Parent Decision-Making Flowchart
Did the LEA choose to
assign the foster parent as
the surrogate parent?
?
Additional Resources:
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
Yes
The foster parent must
complete surrogate parent
training no later than 90
calendar days after date of
assignment as surrogate
parent.
Documentation Required
The LEA must maintain
documentation of the
surrogate parent’s fulfillment
of responsibilities, including
training.
Surrogate Parent Decision-Making Flowchart
Does the foster parent have a conflict
of interest with the child?10
Yes
10
?
No
(A) A foster parent shall not be deemed to have a financial
conflict of interest by virtue of serving as the foster parent in
a home verified by TDFPS or a child-placing agency (including
basic, habilitative, primary medical, or therapeutic foster or
foster group homes); (B) Issues concerning quality of care do
not constitute a conflict of interest (but must be reported, as
required to TDFPS).
Surrogate Parent Decision-Making Flowchart
Due to the conflict of interest, the
foster parent cannot serve as the
surrogate parent.
Documentation Required
The LEA must maintain
documentation of the foster
parent’s conflict of interest with the
child and of the process used to
determine there was a conflict of
interest.
Documentation Required
The LEA must give the foster parent
prior written notice of denial within
7 calendar days of the date on
which the decision was made. 11
Additional Resources:
9
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
11
This surrogate parent can be assigned
by the judge overseeing the student’s
case or by the LEA. 9
Requirement
The student
needs a
surrogate
parent.
The assignment of a surrogate parent
must be made no later than 30 days
after the identification of a need for a
surrogate parent.
The surrogate parent must complete a
training program within 90 calendar
days of date of initial assignment as
surrogate parent.
Documentation Required
The LEA must maintain documentation
of the surrogate parent’s fulfillment of
responsibilities, including training.
If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment
of the surrogate parent.
This notice must: (1) specify the reason(s) for denial (specifically explain the
interests of the foster parent that conflict with the interests of the child); and (2)
inform the foster parent of his/her right to file a complaint with TEA.
Surrogate Parent Decision-Making Flowchart
Will the foster parent agree to: (A)
participate in making educational
decisions on the child’s behalf; and (B)
complete a training program for
surrogate parents?
Yes
No
?
Surrogate Parent Decision-Making Flowchart
The assignment of a surrogate parent must be made no later
than 30 days after the identification of a need for a surrogate
parent.
The student
needs a
surrogate
parent.
The surrogate parent must complete a training program
within 90 calendar days of date of initial assignment as
surrogate parent.
Documentation Required
The LEA must maintain documentation of the surrogate
parent’s fulfillment of responsibilities, including training.
This surrogate parent can
be assigned by the judge
overseeing the student’s
case or by the LEA. 9, 12
9
Additional Resources:
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
If the judge assigns a surrogate parent, the LEA must accept the judge’s
assignment of the surrogate parent.
12
Since the foster parent is not willing to: (A) participate in making
educational decisions on the child’s behalf; and (B) complete a training
program for surrogate parents, the foster parent cannot serve as the surrogate
parent.
Surrogate Parent Decision-Making Flowchart
No surrogate
parent is
needed. 13
Documentation Required
The LEA must maintain documentation of the
foster parent’s completion of the surrogate
parent training program.
Additional Resources:
Surrogate Parent Responsibilities
Documentation Toolbox
Surrogate Parent Training
13
The foster parent meets the definition of parent under TEC
29.015 (b).
Surrogate Parent Decision-Making Flowchart
Does the student have a foster parent?
Yes
No
?
Surrogate parent responsibilities include:
•
•
•
•
•
•
•
Represent the child in all matters relating to identification, evaluation, and
educational placement of the child;
Visit the child and the child’s school;
Consults with person’s involved in the child’s education, including teachers,
caseworkers, court-appointed volunteers, guardians ad litem, foster parents, and
caseworkers;
Review the child’s educational records;
Attend ARD meetings;
Exercise independent judgment in pursuing the child’s interests; and
Exercises the child’s due process rights.
Documentation Toolbox:
Designation of Surrogate Parent
Determination of Conflict of Interest
Surrogate Parent Letter of Agreement
Surrogate Parent Tracking Form
Surrogate Parent Visitation Log
Surrogate parent training may be provided through:
•
•
•
•
Texas Department of Family and Protective Services (TDFPS);
A school district;
An educational service center; or
Any other entity that receives federal funds to provide IDEA training to parents.
The training must include state and federal laws, rules and regulation relating to:
•
•
•
•
•
•
•
•
Identification of a student with a disability;
Collection of evaluation and re-evaluation data;
ARD process;
Development of an IEP, including transition services;
Determination of LRE;
Implementation of an IEP;
Procedural rights and safeguards available; and
Sources to contact for additional assistance.
Important Notes:
•
•
•
Training only has to be provided once.
LEAs may choose to offer additional training, but cannot require the individual to attend the
additional training in order to continue serving as a surrogate parent or to represent other
students as a surrogate parent.
The above is true for both surrogate parents and foster parents serving as parents or as
surrogate parents.