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: 
     
    1. A. Surrogate Appointment Form
      • Write in student name, DOB, Campus and Surrogate name where indicated
      • Have the CAMPUS ADMINISTRATOR sign form
      • Have the SURROGATE sign the form 
      • Email a copy of this form to the Special Education Coordinator within 1 working day. 

    NOTE: This form MUST be completed again at EVERY ANNUAL ARD including the 30-day ARD.

     

    1. B. Consent to Request Confidential Information Form (located in eSped) - 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 
    1. 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
              • Email a copy to the Special Education Coordinator
    1. 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 
    1. FOR IN STATE TRANSFERSReceipt 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, Date 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)
    1. FOR OUT OF STATE TRANSFERSReceipt 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, Date 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:

    Transportation Information Formand the Related Service Eligibility for Transportation