Do surrogate parents have a choice in the selection of the child?
Yes. For example, surrogates may request assignment to a child with a certain disability or in a certain age group.
Do all foster children need surrogate parents?
No. Only when the natural or adoptive parents’ authority to make educational decisions on the child’s behalf has been extinguished under state law, might a foster child need representation by a foster or surrogate parent at school. When parental rights are terminated, the child is a “ward of the state”.
Long term foster parents may be considered the “parent”, so in this case, no surrogate needs to be appointed.
Are a surrogate parent’s activities evaluated?
Schools are responsible for monitoring the activities of each surrogate parent to make sure that he or she is fulfilling the duties as set forth by state and federal rules.
Who pays the legal fees when the surrogate parent initiates due process proceedings against the local education agency?
It is the responsibility of the local education agency to provide contact information to the surrogate parent of pro bono legal services, for example Legal Aid/Low Cost Attorneys. If the surrogate parent prevails, then the local education agency is responsible for the reimbursement of the surrogate parent's legal fees.
Can a surrogate parent be assigned to represent a student over the age of 18?
In Florida, students ages 18 through 21 are viewed as serving as their own parents.
Therefore, if the student is able to make their own decisions, a surrogate would not be necessary. Sometimes students over 18 are under legal guardianship. In this case, the guardian is the parent as identified by IDEA.