• Home

1. Adds to the procedures for the appointment of a surrogate parent.
In the case of a child who is a ward of the state, a surrogate parent may alternatively be appointed by the judge overseeing the child's care, provided that the surrogate meets the requirements of Section 615(b)(2). [615(b)(2)(A)(i)]

In the case of an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)), the local education agency (LEA) shall appoint a surrogate in accordance with Section 615(b)(2). [615(b)(2)(A)(ii)]

The state shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the agency that the child needs a surrogate. [615(b)(2)(B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why do you think Congress felt it was necessary to clarify the definition of “individual” by using the term, surrogate parent whose role is to protect the rights of a child when parents can not be located?

  2. How might the role of a surrogate parent change if a homeless youth understands and wishes to actively participant in his/her education?

Application Questions

  1. What constitutes a reasonable effort to find and appoint a surrogate parent?

  2. What training would be helpful for administrators to implement the provision regarding surrogate parents?

  3. What training would be helpful for IEP teams to implement the provision regarding surrogate parents?

    These questions were developed by the following stakeholders working together:

    Role: National Family Advocacy Organization
    Location: Minnesota
    Role: Assistant Superintendent
    Location: Michigan
    Role: Family Advocate
    Location: Maryland
    Role: National TA Provider
    Location: Oregon
    Role: Principal
    Location: Virginia
    Role: State Education Agency
    Location: Pennsylvania
    Role: TA Provider
    Location: Washington, D.C.
    Role: Family Advocate
    Location: Tennessee