Who is the "Parent?"

• Defined: natural, adoptive, foster parent, or legal guardian (but cannot be the State)



• Surrogate parent: (20 USC 1401(23))


• Someone acting in place of natural/adoptive parent who
• the child lives with, or
• who is legally responsible for the child


• Role: protect rights of child when
• parents not known
• parents cannot be located or
• student is a state ward


• Foster parent is automatically appointed as surrogate parent (20 USC 1401(36)(B))
• Exception: DHHS notifies school of objection to foster parent’s appointment as surrogate. In that case, foster parent is not automatically appointed and DHHS must recommend to Maine DOE person to serve as surrogate parent for child (20-A MRSA 7207-A))


• Surrogate cannot be school or state agency representative (DOE, DHHS, DOC if involved in care or education of child)



• State ward: Schools must notify DHHS that case worker has authority to request PET and attend and participate in any PET meetings and include time and place of meeting 20-A MRSA 7202(10)
• Judge in child protective case may appoint surrogate parent 20 USC 1415(b)(2)(A)(i)


• Unaccompanied homeless youth, school must appoint surrogate parent 20 USC 1415(b)(2)(A)(ii).



• Timing:
• Reasonable efforts must be made by the state to ensure a surrogate parent is appointed within 30 days after agency determines a surrogate is needed (20 USC 1415(b)(2)(B))