Section 0520-01-09-.20 - SURROGATE PARENTS(1) Each LEA shall have written policies and procedures for the recruitment, training and appointment of surrogate parents.(2) Each LEA shall appoint a surrogate parent to represent the child in all matters relating to the identification, assessment, educational placement, and the provision of a FAPE, including meetings concerning the individualized education program, and any mediation and due process hearings pertaining to the child when it determines that: (a) No parent can be identified;(b) It is unable to locate a parent by calls, visits and by sending a letter by certified mail (return receipt requested) to the last known address of the parent and allowing thirty (30) days for a response of the intention to appoint a surrogate parent;(c) If the child is a ward of the State (including a ward of the court or a state agency); and/or(d) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) ).(3) If the health or safety of the child or other persons would be endangered by delaying the change in placement, due to the unavailability of a surrogate, the change in educational placement may be made sooner, but without prejudice to any rights that the child and parent may have.(4) The surrogate parent shall continue to represent the child until one (1) of the following occurs: (a) The child is determined by the IEP team to no longer be eligible for, or in need of special education or related services, except when termination from such programs is being contested;(b) The parent or guardian, who was previously unknown, or whose whereabouts were previously unknown, becomes known;(c) The legal guardianship of the child is transferred to a person who is able to fulfill the role of the parent; or(d) The child attains eighteen (18) years of age.(5) Criteria for selection of surrogate parents.(a) A person selected as a surrogate parent shall not be an employee of the Department of Education, the LEA, or any other agency that is involved in the education or care of the child.1. A person is not considered to be an employee of the LEA solely because he or she is paid by the LEA to serve as a surrogate parent.2. A person is not considered to be an employee of the State solely because he or she is paid by the State to serve as a foster parent.(b) A person selected as a surrogate parent must have knowledge and skills that ensure adequate representation of the child.(c) An LEA may select a surrogate parent to represent the child for educational purposes. The selected person may be an employee of a nonpublic agency that only provides non-educational care for the child provided they are able to meet the standards and perform the responsibilities of a surrogate parent.(d) Foster parents, selected by a state agency as the custodian for a child, who have had a foster child or children with disabilities for less than one (1) calendar year, may be appointed by an LEA to serve as surrogate parents for their foster child or children and may represent the child for educational purposes, provided that they perform the responsibilities of a surrogate parent.(6) Responsibilities of a surrogate parent. (a) A surrogate parent must have no interest that would conflict with the interests of the child to be represented;(b) A surrogate parent must have knowledge and skills that ensure adequate representation of the child, including a functional understanding of the educational rights of children with disabilities;(c) A surrogate parent must participate in whatever training program might be offered to ensure that they will have knowledge and skills to provide adequate representation of the child;(d) A surrogate parent must represent the child throughout the special education decision making process of identification, evaluation, program development, initial placement, review of placement, and reevaluation, as appropriate;(e) A surrogate parent must be acquainted with the child and his or her educational needs;(f) A surrogate parent must attempt to ascertain the child's educational needs and concerns;(g) A surrogate parent must respect the confidentiality of all records and information;(h) A surrogate parent must become familiar with the assistance provided by other human service agencies in the community that affects the child or that might be helpful resources; and(i) A surrogate parent must monitor the child's educational program and placement.Tenn. Comp. R. & Regs. 0520-01-09-.20
Original rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective 8/12/2021.Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.