HOPE for Hyndman Charter School (“Charter School”) must ensure that an individual is assigned to act as a surrogate of a child when no parent or person acting as the parent can be identified, or Charter School, after reasonable efforts, cannot locate the parent, or the child is an unaccompanied homeless youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. Sec. 11434 a(6).
Charter School must have a method of determining whether or not a child needs a surrogate parent, and for assigning a surrogate parent to the child as well as ensuring that surrogates are trained and have adequate knowledge to serve in this capacity.
Charter School may select a surrogate parent in any way permitted under State law, but must ensure that a person selected as a surrogate is not an employee of the State Educational Agency (“SEA”), Charter School or any other agency that is involved in the education or care of the child. For a child who is a ward of the State, a surrogate may be appointed by a judge overseeing the child’s care or by Charter School. The surrogate must have no personal or professional interest that conflicts with the interest of the child the surrogate parent represents. The surrogate parent must have knowledge and skills that ensure adequate representation of the child. The surrogate parent may represent the child in all matters relating to the identification, evaluation, educational placement and provisions of FAPE to the child.
For a homeless youth, not in the physical custody of the parent or guardian, Charter School must appoint a surrogate. Reasonable efforts are to be made by the SEA to ensure the assignment of a surrogate not more than thirty (30) days after there is a determination by Charter School that the child needs a surrogate.
The IDEA of 2004 contains language about seeking parental permission for initial evaluations when a child is a ward of the State. If a child is designated a ward of the State, the whereabouts of the parent is not known or the rights of the parent have been terminated in accordance with State law; someone other than the parent has been designated to make educational decisions for the child. Therefore, Charter
School must obtain consent for an initial evaluation from the individual designated to represent the interests of the child.
The CEO or her designee is directed to develop procedures that may be necessary to implement this policy.
Latsha Davis & McKenna, P.C.
Attorney Client Privilege
Surrogate Parent Policy
Approved March 28, 2013
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH THE SCHOOL’S CHARTER OR APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS AND/OR CHARTER CONTROL.
ADOPTED this_____ day of_____________________ , 2013