Surrogate Parents in California Special Education

Surrogate Parents in California Special Education: An Overview

California Department of Education Sacramento, 2019

Surrogate Parents in California Special Education: An Overview

California Department of Education Sacramento, 2019

Publishing Information

Surrogate Parents in California Special Education: An Overview was prepared under the direction of the Special Education Division of the California Department of Education (CDE). This publication was edited by Tom Wyant, CDE Press, working in cooperation with Allison Smith, Special Education Consultant, Associate Division Director's Office, CDE Special Education Division. The document was prepared for publication by the staff of CDE Press; Leomel Castellano created the cover and interior design. It was published by the Department of Education, 1430 N Street, Sacramento, CA 95814, and was distributed under the provisions of the Library Distribution Act and Government Code Section 11096.

? 2019 by the California Department of Education

All rights reserved

ISBN: 978-0-8011-1797-8

Notice

The guidance in Surrogate Parents in California Special Education: An Overview is not binding on local educational agencies or other entities. Except for the statutes, regulations, and court decisions that are referenced herein, the document is exemplary, and compliance with it is not mandatory. (See Education Code Section 33308.5.)

Additional Publications and Educational Resources

For information about publications and educational resources available from the California Department of Education, please visit the CDE's Educational Resources Catalog page or call the CDE Press sales office at 1-800-995-4099.

Contents

Introduction........................................................................................................................................ 1 Chapter 1: A Legislative Overview.................................................................................................... 2 Chapter 2: Responsibilities and Rights of Surrogate Parents....................................................... 9 Chapter 3: When to Appoint Surrogate Parents ..........................................................................11 Chapter 4: The Appointment Process ...........................................................................................14 Chapter 5: Appointment Duration, Termination, and Resignation of a Surrogate Parent .....21 Appendix A: Statutory and Regulatory References......................................................................25 Appendix B: Sample Forms.............................................................................................................55 Appendix C: Directory of Special Education Local Plan Areas....................................................59 Appendix D: California Court-Appointed Special Advocates ......................................................60

Introduction

The federal Individuals with Disabilities Education Act (IDEA) requires assurances from states receiving federal funds for the provision of special education that surrogate parents will be appointed for students with disabilities who are without parental representation in special education procedures. In compliance with this federal mandate, California Government Code Section 7579.5(m) requires the California Department of Education to "develop a model surrogate parent training module and manual that shall be made available to local educational agencies." Surrogate Parents in California Special Education: An Overview is intended for use as a reference to assist local educational agencies (LEAs) in developing and implementing procedures for parental representation that comply with federal law. Many LEAs already have their own policies and procedures related to the appointment of surrogate parents and educators. Readers are encouraged to review those materials for more specific information pertinent to their region. An accompanying model surrogate parent training module is published on the California Department of Education's website at . This manual was developed by the California Department of Education.

SURROGATE PARENTS IN CALIFORNIA SPECIAL EDUCATION: AN OVERVIEW 1

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