District Surrogate Appointment Procedures

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


District Surrogate Parent Procedures (Completed at the Time of Enrollment)

All Students:
If the student is an unaccompanied homeless youth;
Contact the Spring ISD Homeless Education Office (ext. #6022)
Notify the assigned campus CYS worker 
Notify the District Related Services Coordinator for assistance with obtaining a surrogate (ext# 6265)

Student being served by Special Education (RF Monitor):

Procedures for Designation of a DISTRICT Surrogate Parent (completed by campus Diagnostician/SLP)

  1. Complete the RF Monitor and Surrogate Parent Form 
  2. Get the agreement to serve within 30 calendar days of enrollment in the district.
  3. If a “10 day/transfer ARD” is needed, then appoint the district surrogate for that ARD. 
  4. Arrange to meet with the surrogate to complete all forms* OR scan all of the forms*  to him/her for completion AFTER you have filled in your parts. The only thing the surrogate should be doing is signing and dating completed forms.
  5. Notify District Related Services Coordinator within 1 working day (email) as these students are RF. 
  6. IA CODE is in the 80s- unless SI ONLY
  7. Complete all required forms (Do not use the Designation of Signature Form)
      • Write in student name, DOB, Campus and Surrogate name where indicated
      • Have the CAMPUS ADMINISTRATOR sign form
      • Have the SURROGATE 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 EVERY ANNUAL ARD including the 30 day ARD.

B. Consent to Request Confidential Information Form (2 copies)

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 surrogate sign and date this form
One to allow the FACILITY to be a part of the special ed process
  • 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 FACILITY where you would normally put the previous school district’s name
  • Check all of the items on the left and right sides of the box
  • Check “OTHER” and write in “to attend ARDs, obtain grades and receive special ed paperwork.”
  • Fill in “date given” and “to”
  • Put your name and school at the bottom
  • Have the surrogate sign and date this form
  • Attach BOTH receipts to the transfer paperwork 
C.  Determination of Conflict of Interest Form
          • Fill in the student’s name at the top
          • Have the district surrogate complete the YES NO areas
          • Have the surrogate sign the BACK of the form
          • Diag/SLP 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 to the RF Tracker Diagnostician
D. Medicaid Consent Form
          • Fill in the biographical information at the top
          • Have the surrogate check the Yes/No (only one)
          • Have the surrogate sign and date the form
          • Attach the ORIGINAL to the transfer intake paperwork 
          • SCAN A COPY to Medicaid Administrator
E. Written Annual Notification to Access Public Benefits of Insurance Form (e.g. Medicaid)
          • Complete the information at the top of this form
          • Give a copy of the Written Annual Notification to the surrogate
          • Attach the ORIGINAL to the transfer paperwork
F. FOR IN STATE TRANSFERS: Receipt for Notice of Procedural Safeguards  
  •  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)
  • 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)
IF NEEDED Complete the following:
H. Transportation Information Form and the Related Service Eligibility for Transportation (examples are attached for completing these forms)
  • Complete the Transportation Information Form 
  • Complete and SIGN the Related Services Eligibility for Transportation Form
  • Attach these forms to the transfer paperwork
  • Scan ALL of these forms to Transportation and 
  • Scan ALL of these form to the District SHARS Diagnostician

Forms