D.C. Mun. Regs. tit. 5, r. 5-A3034

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3034 - EDUCATIONAL SURROGATE PARENT

3034.1

The LEA shall ensure the rights of a child with a suspected or identified disability are protected by requesting that the SEA appoint an educational surrogate parent in any of the following situations:

(a) A parent, as defined in this chapter, cannot be identified;

(b) The LEA, after documented reasonable efforts, cannot determine the location of a parent;

(c) The child with a suspected or identified disability is in the custody of the District of Columbia Child and Family Services Agency and may need an educational surrogate parent; 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).

3034.2

The LEA shall notify the SEA of any child who may be in need of an educational surrogate parent in a timely manner.

3034.3

Upon receiving notice, the SEA is responsible for determining whether a child needs an educational surrogate parent, and for assigning an educational surrogate parent. If the child is in the custody of the District of Columbia Child and Family Services Agency (CFSA), the surrogate parent alternatively may be appointed by the judge overseeing the child's case.

3034.4

The SEA shall make reasonable efforts to assign an educational surrogate parent no later than thirty (30) calendar days after a determination that the child needs an educational surrogate parent.

3034.5

An educational surrogate parent assigned by the SEA shall meet all of the following requirements:

(a) The educational surrogate parent shall have the knowledge and skills necessary for adequate representation of the child and shall attend at least one (1) SEA-required training;

(b) The educational surrogate parent shall not be employed by the SEA, LEA, or any other public or private agency organization that is involved in the education or care of the child; and

(c) The educational surrogate parent shall have no personal or professional interest that conflicts with the interest of the child represented, including serving as the child's guardian ad litem in a court proceeding.

3034.6

The educational surrogate parent has the authority to make decisions regarding the child in all matters relating to:

(a) The identification, evaluation, and educational placement of the child; and

(b) The provision of FAPE to the child.

3034.7

If a child is an unaccompanied homeless youth, the SEA may, in its discretion, temporarily appoint appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs without regard to other requirements of this section, until the SEA may appoint an educational surrogate parent who meets all of the requirements of this section.

3034.8

An educational surrogate parent appointed by a judge overseeing the case of a child in the custody of the CFSA shall be recognized by the SEA and the LEA provided that the individual is identified as an educational surrogate parent under IDEA or that the responsibility and authority granted to the individual specifically includes the authority to make decisions regarding special education or rights under IDEA.

3034.9

Unless a court order specifies otherwise, an educational surrogate parent appointed by a judge has authority to make decisions regarding the child in all matters relating to the identification, evaluation, educational placement, and the provision of FAPE to the child.

D.C. Mun. Regs. tit. 5, r. 5-A3034

Final Rulemaking published at 69 DCR 5902 7/1/2022