PROCEDURAL SAFEGUARDS: SURROGATES, NOTICE, AND CONSENT - Statute
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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)]
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
- 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?
- 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
- What constitutes a reasonable effort to find and appoint a surrogate parent?
- What training would be helpful for administrators to implement the provision regarding surrogate parents?
- 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