Surrogate Parent Information

A surrogate or foster parent may be needed to represent a student with a disability during the special education process as outlined by the Individuals with Disabilities Education Improvement Act (IDEA).

In cases where the child has no parent(s), none can be located, or the child is a ward of the state, a surrogate parent must be appointed to make educational decisions on behalf of the child and to protect the child’s rights in matters relating to identification, evaluation, and placement in special education. 

To serve as a surrogate or foster parent of a student receiving special education services, an individual must meet several criteria, one of which is to complete training that has been identified to meet the minimum standards established by the Texas Education Agency. 

Surrogate Parent Selection

• The public school district determines which students are in need of a
  surrogate parent.
• The public school district selects and assigns a person who can serve as a
  surrogate parent.
• A judge may appoint a surrogate parent for a child who is a ward of the
  State. 

• A surrogate parent must be assigned within 30 days after determination that the student needs one. Regardless of the 30-day requirement, if a surrogate parent is needed to represent the student before that timeline, one must be assigned.
• A surrogate parent must complete an approved training program before the next scheduled ARD committee meeting, but not later than the 90th day after the date of initial assignment as a surrogate parent.
• As soon as practicable after appointing a surrogate parent under this section, a school district shall provide written notice to the Department of Family and Protective Services of the appointment.