? Surrogate Parent Decision-Making Flowchart Is the student 18 years old or older? ? Yes No

? Surrogate Parent Decision-Making Flowchart Does someone have guardianship over the adult student? 1 ? Yes No 1 Guardianship can only be established by a court who determines that the individual is legally incompetent.

Surrogate Parent Decision-Making Flowchart No surrogate parent is needed. 2 2 The court-appointed guardian is the legal decision maker and should be invited to participate in the ARD on the same basis as the parent of the student under the age of 18.

Surrogate Parent Decision-Making Flowchart No surrogate parent is needed. 3 3 The student is legally an adult, and, thus, is his/her own educational decision maker, regardless of functioning level or type of disability.

Surrogate Parent Decision-Making Flowchart Are you able to identify and contact a parent? (This question relates to your ability to locate the parent, not where the parent is located.) 4 ? Yes No 4 IDEA (34 CFR § 300.30 (a) – (b)) defines parent as: (1) a natural or adoptive parent of the child; (2) a foster parent (unless prohibited by law or contractual obligations); (3) a guardian (but not the State if a child is a ward of the State); (4) an individual acting in the place of a biological or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or (5) a surrogate parent. The biological or adoptive parent has priority in acting as the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. If a judicial decision exists naming a particular person above to act as a parent, then that person must be determined to be the “parent” for that child.

? Surrogate Parent Decision-Making Flowchart Is the child a ward of the state? 5 ? Yes No 5 In determining whether a child is a ward of the state, ascertain whether TDFPS has temporary or permanent managing conservatorship of the child.

? Surrogate Parent Decision-Making Flowchart Does the parent have educational decision making rights? 6 ? Yes No 6 These rights can only be revoked by a court.

Surrogate Parent Decision-Making Flowchart No surrogate parent is needed. 7 7 Proceed with the ARD process as you normally would. (Note: The parent may choose to participate by telephone or other means and/or waive his/her right to participate in the ARD.)

Surrogate Parent Decision-Making Flowchart The student needs a surrogate parent. Continue

? Surrogate Parent Decision-Making Flowchart Is the student an unaccompanied homeless youth? ? Yes No

Surrogate Parent Decision-Making Flowchart The student needs a surrogate parent. 8 Continue 8 Appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a “permanent” surrogate parent can be identified.

Surrogate Parent Decision-Making Flowchart The student needs a surrogate parent if you are still unable to locate and identify a parent. Continue

? Surrogate Parent Decision-Making Flowchart Does the foster parent have a conflict of interest with the child? ? Yes No

Surrogate Parent Decision-Making Flowchart The assignment of a surrogate parent must be made no later than 30 days after the identification of a need for a surrogate parent. The surrogate parent must complete surrogate parent training no later than 90 calendar days after date of assignment as surrogate parent. The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. Documentation Required Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training 9 If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment of the surrogate parent.

Surrogate Parent Decision-Making Flowchart This surrogate parent can be assigned by the judge overseeing the student’s case or by the LEA. 9 The student needs a surrogate parent. The assignment of a surrogate parent must be made no later than 30 days after the identification of a need for a surrogate parent. The surrogate parent must complete surrogate parent training no later than 90 calendar days after date of assignment as surrogate parent. Documentation Required Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. 9 If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment of the surrogate parent.

Surrogate Parent Decision-Making Flowchart Has the student been placed with the foster parent for 60 days or longer? ? Yes No

? Surrogate Parent Decision-Making Flowchart The student needs a surrogate parent. This surrogate parent can be assigned by the judge overseeing the student’s case or by the LEA. 9 The assignment of a surrogate parent must be made no later than 30 days after the identification of a need for a surrogate parent. ? Did the LEA choose to assign the foster parent as the surrogate parent? Requirement The need for a surrogate parent must be re-assessed after the child has been with the foster parent for 60 days. Yes No Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training 9 If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment of the surrogate parent.

Surrogate Parent Decision-Making Flowchart ? Did the LEA choose to assign the foster parent as the surrogate parent? The LEA must give the foster parent prior written notice of denial within 7 calendar days of the date on which the decision was made. 11 The surrogate parent must complete a training program within 90 calendar days of date of initial assignment as surrogate parent. No Documentation Required Documentation Required Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. 11 This notice must: (1) specify the reason(s) for denial (specifically explain the interests of the foster parent that conflict with the interests of the child); and (2) inform the foster parent of his/her right to file a complaint with TEA.

Surrogate Parent Decision-Making Flowchart ? Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training Did the LEA choose to assign the foster parent as the surrogate parent? Yes The foster parent must complete surrogate parent training no later than 90 calendar days after date of assignment as surrogate parent. The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. Documentation Required

? Surrogate Parent Decision-Making Flowchart Does the foster parent have a conflict of interest with the child?10 ? Yes No 10 (A) A foster parent shall not be deemed to have a financial conflict of interest by virtue of serving as the foster parent in a home verified by TDFPS or a child-placing agency (including basic, habilitative, primary medical, or therapeutic foster or foster group homes); (B) Issues concerning quality of care do not constitute a conflict of interest (but must be reported, as required to TDFPS).

Surrogate Parent Decision-Making Flowchart Due to the conflict of interest, the foster parent cannot serve as the surrogate parent. Requirement The student needs a surrogate parent. This surrogate parent can be assigned by the judge overseeing the student’s case or by the LEA. 9 Documentation Required The assignment of a surrogate parent must be made no later than 30 days after the identification of a need for a surrogate parent. The LEA must maintain documentation of the foster parent’s conflict of interest with the child and of the process used to determine there was a conflict of interest. The surrogate parent must complete a training program within 90 calendar days of date of initial assignment as surrogate parent. Documentation Required The LEA must give the foster parent prior written notice of denial within 7 calendar days of the date on which the decision was made. 11 Documentation Required The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training 9 If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment of the surrogate parent. 11 This notice must: (1) specify the reason(s) for denial (specifically explain the interests of the foster parent that conflict with the interests of the child); and (2) inform the foster parent of his/her right to file a complaint with TEA.

Surrogate Parent Decision-Making Flowchart Will the foster parent agree to: (A) participate in making educational decisions on the child’s behalf; and (B) complete a training program for surrogate parents? ? Yes No

Surrogate Parent Decision-Making Flowchart The student needs a surrogate parent. The assignment of a surrogate parent must be made no later than 30 days after the identification of a need for a surrogate parent. The surrogate parent must complete a training program within 90 calendar days of date of initial assignment as surrogate parent. Documentation Required The LEA must maintain documentation of the surrogate parent’s fulfillment of responsibilities, including training. This surrogate parent can be assigned by the judge overseeing the student’s case or by the LEA. 9, 12 9 If the judge assigns a surrogate parent, the LEA must accept the judge’s assignment of the surrogate parent. Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training 12 Since the foster parent is not willing to: (A) participate in making educational decisions on the child’s behalf; and (B) complete a training program for surrogate parents, the foster parent cannot serve as the surrogate parent.

Surrogate Parent Decision-Making Flowchart No surrogate parent is needed. 13 The LEA must maintain documentation of the foster parent’s completion of the surrogate parent training program. Documentation Required Additional Resources: Surrogate Parent Responsibilities Documentation Toolbox Surrogate Parent Training 13 The foster parent meets the definition of parent under TEC 29.015 (b).

? Surrogate Parent Decision-Making Flowchart Does the student have a foster parent? ? Yes No

Surrogate parent responsibilities include: Represent the child in all matters relating to identification, evaluation, and educational placement of the child; Visit the child and the child’s school; Consults with person’s involved in the child’s education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, foster parents, and caseworkers; Review the child’s educational records; Attend ARD meetings; Exercise independent judgment in pursuing the child’s interests; and Exercises the child’s due process rights. Documentation Toolbox: Designation of Surrogate Parent Determination of Conflict of Interest Surrogate Parent Letter of Agreement Surrogate Parent Tracking Form Surrogate Parent Visitation Log

Surrogate parent training may be provided through: Texas Department of Family and Protective Services (TDFPS); A school district; An educational service center; or Any other entity that receives federal funds to provide IDEA training to parents. The training must include state and federal laws, rules and regulation relating to: Identification of a student with a disability; Collection of evaluation and re-evaluation data; ARD process; Development of an IEP, including transition services; Determination of LRE; Implementation of an IEP; Procedural rights and safeguards available; and Sources to contact for additional assistance. Important Notes: Training only has to be provided once. LEAs may choose to offer additional training, but cannot require the individual to attend the additional training in order to continue serving as a surrogate parent or to represent other students as a surrogate parent. The above is true for both surrogate parents and foster parents serving as parents or as surrogate parents.