What's Required
The local education agency (LEA), must take steps to ensure parent participation in the Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP) process and have afforded the opportunity for parent participation. In the event the parent(s) of a child eligible for special education services are not known, the child is a ward of the State or the child is an unaccompanied homeless youth, the LEA must determine whether or not a surrogate parent is warranted.
The LEA must also ensure that surrogate parents are selected in accordance with 34CRF §300.519(d)(2) and comply with TEC §29.001(10) prior to representing children with disabilities in the ARD/IEP process. Once appointed, the surrogate parent is afforded all the same rights, procedural safeguards and access to educational records as the natural parent(s).
Children in the conservatorship of the Texas Department of Family and Protective Services (TDFPS) may be appointed a surrogate parent by the overseeing judge. In this case the LEA must ensure the surrogate parent selected complies with the same regulations in accordance with 34CRF §300.519(d)(2) and TEC §29.001(10) as indicated in the previous paragraph. Children placed in foster group homes and foster care homes by TDFPS may be represented by the Foster Parent(s) if they meet the criteria and complete the required training. Children placed in residential group-care facilities by TDFPS must be appointed a surrogate parent.
Once a child turns 18 years or older, the child is legally an adult and his/her own education decision maker regardless of functioning level or type of disability. If a court determines that the individual is legally incompetent then the court appointed guardian is the legal decision maker.
What We Do
Appointing Foster Parents as Surrogates Procedures
Complete all the required forms below:
- Write in Student Name, DOB, Campus and Surrogate Name (Foster Parent name) where indicated
- Have the CAMPUS ADMINISTRATOR sign the form
- Have the FOSTER PARENT sign the form
- Scan a copy of this form to the District RF Tracker Diagnostician within 1 working day.
NOTE: This form MUST be completed AGAIN at the ANNUAL ARD (including the 30 day ARD) IF the ARD date is BEFORE the 60 calendar day timeline
IA CODE is in the 80s unless SI ONLY
One to request information from the previous district
■ Fill in the biographical data at the top
■ Check RELEASE Information (upper right corner)
■ Check REQUEST Information (upper right corner)
■ Put in the name of the previous district
■ Check all of the items on the left and right sides of the box
■ Fill in “date given” and “to”
■ Put your name and school at the bottom
■ Have the foster parent sign and date this form
- Fill in the student’s name at the top
- Have the foster parent/surrogate complete the YES NO areas
- Have the foster parent/surrogate sign the BACK of the form
- Diag will also sign the BACK of this form as the District/Facility Representative
- Date the form
- Attach the ORIGINAL form to the transfer intake papers
- Scan a copy of this form to the RF Tracker Diagnostician within 1 working day.
- Fill in the biographical information at the top
- Have the foster parent/surrogate check the Yes/No (only one)
- Have the foster parent/surrogate sign and date the form
- Attach the ORIGINAL to the transfer intake paperwork
- SCAN A COPY to Medicaid Administrator
- Complete the information at the top of this form
- Give a copy of the Written Annual Notification to the foster parent/surrogate
- Attach the ORIGINAL to the transfer paperwork
F. FOR IN STATE TRANSFERS
- Fill in the student's name and Date of Birth
- The diagnostician/SLP will complete the left side with: His/Her name, Position, Dated issued and Name of the student's current campus
- The parent/foster parent/surrogate parent will complete the right side with: Signature, Date signed, (Signature of Interpreter, if used) (Date signed)
G. FOR OUT OF STATE TRANSFERS:
Receipt for Notice of Procedural Safeguards and A Guide to the ARD Process - Fill in the student's name and Date of Birth
- The diagnostician/SLP will complete the left side with: His/Her name, Position, Dated issued and Name of the student's current campus
- The parent/foster parent/surrogate parent will complete the right side with: Signature, Date signed, (Signature of Interpreter, if used) (Date signed)
H. IF NEEDED Complete the following:
- Complete the Transportation Information Form and the Related Service Eligibility for Transportation Form
- SIGN the Related Services Eligibility for Transportation Form
- Attach these forms to the transfer paperwork
- Scan ALL of these forms to Transportation Route Manager
- Scan ALL of these forms to the District SHARS Diagnostician
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