FORM 8.958. ORDER APPOINTING SURROGATE PARENT

FORM 8.958. ORDER APPOINTING SURROGATE PARENT

ORDER APPOINTING SURROGATE PARENT

FOR DEPENDENT CHILD WHO HAS OR IS

SUSPECTED OF HAVING A DISABILITY

The court finds that:

1. The child has, or is suspected of having, a disability as defined in the Individuals with Disabilities in Education Act (“IDEA”) and F.S. 1003.01(3).

2. A surrogate parent is needed to act in the place of a parent in educational decision-making and in safeguarding the child’s rights under the IDEA.

3. The child is entitled, under the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. §1415(b)(2); 34 C.F.R. §§300.515 and 303.406; F.S. 39.0016(3)-(4), 39.4085(17); and Fla. Admin. Code 6A-6.0333, to the assistance of a surrogate parent be-cause (check all that apply):

..... Parental rights have been terminated

..... Parents cannot be located

..... No parent is available to make education decisions related to the child’s disability

..... Foster parent is unwilling or unable to make educational decisions related to the child’s disability

..... Child resides in a group home or therapeutic foster home

..... Other: ....................

ACCORDINGLY, it is ORDERED that:

1. .....(Name)..... is appointed as a surrogate parent for .....(child’s name)......

2. The surrogate parent named above has the following rights, duties, and responsibilities:

a. to request or respond to requests for evaluations of the child;

b. to review and keep confidential the child’s educational records;

c. to request and participate in school meetings including Individual Education Plan (IEP) meetings;

d. to express approval or disapproval of a child’s educational placement or IEP;

e. to monitor the child’s educational development;

f. to help the child access available and needed educational services;

g. to aid the child in securing all rights provided the child under the IDEA;

h. to meet the child face-to-face

i. to be afforded all of the due process rights parents hold under the IDEA

3. The surrogate parent may also do the following: (check all that apply)

..... attend appropriate court hearings to address the educational needs of the child. The surrogate parent will be provided notice of all dependency court hearings.

..... attend dependency staffings. The community-based care provider will invite the surrogate parent to all permanency staffings and any other staffings when the child’s educational needs will be addressed. See F.A.C. 65C-28.006.

..... ....................

..... ....................

4. As to issues affecting the provision of a Free Appropriate Public Education, principals, teachers, administrators, and other employees of the .......... County Public Schools shall communicate with the surrogate parent and accept the requests or decisions of the surrogate parent in the same manner as if he or she were the child’s parent.

5. Unless the court explicitly orders otherwise, the surrogate parent does not have the right and responsibility to register the child in school, and grant or withhold consent for ordinary school decisions not related to IDEA (such as field trips, sports and club activities, medical care, etc.).

6. The surrogate parent must have access to and keep confidential the child’s records including, but not limited to, records from the school system, community-based care provider or agency, and any mental health or medical evaluations or assessments.

7. By law, the surrogate parent has no liability for actions taken in good faith on behalf of the child in protecting the special education rights of the child.

ORDERED on .....(date)....., in .........., .......... County, Florida.

Circuit Judge

Copies to:

County Public Schools c/o Director, Exceptional Student Education, Surrogate parent named above

(Check all that apply)

..... Attorney for DCF: .....(name).....

..... DCF caseworker: .....(name).....

..... Guardian ad Litem: ....(name).....

..... Attorney for mother: .....(name).....

..... Attorney for father: .....(name).....

..... Attorney for child: .....(name).....

..... Child named above .....(name).....

..... Foster parent: .....(name).....

..... Relative caregiver: .....(name).....

..... Child’s principal: .....(name)..... at ................... School

..... Other: ....................

..... Other: ....................