Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-6 - SPECIAL PROGRAMS I › Section 6A-6.0333 - Surrogate Parents

Current through Reg. 50, No. 138; July 16, 2024
A surrogate parent is an individual appointed to act in the
				  place of a parent in educational decision-making and in safeguarding a
				  student's rights under the Individuals with Disabilities Education Act and
				  Section 39.0016, F.S., when no parent
				  can be identified; the student's parent, after reasonable efforts, cannot be
				  located by the school district; the student is a ward of the State under State
				  law; the student is an unaccompanied homeless youth as defined in section
				  725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 1143a(6) ); or
				  a court of competent jurisdiction over the student has determined that no
				  person has the authority, willingness, or ability to serve as the educational
				  decision maker for the student without judicial action. In addition to the
				  requirements of Section
				  39.0016, F.S., the following
				  requirements regarding the appointment of a surrogate parent for a student who
				  has or is suspected of having a disability apply.
(1) Appointment of a surrogate parent. A
				surrogate parent for a student who is eligible for or who is suspected of being
				eligible for special programs made available through a school district or
				agency under contract with the school district shall be appointed by the
				district's school superintendent not more than thirty (30) days after the
				school district determines that the student needs a surrogate parent. The
				surrogate parent for a student who is eligible for or who is suspected of being
				eligible for special programs made available through a contract from the
				Department of Education shall be appointed by the individual specified in the
				contract. In the case of a student who is a ward of the State, the surrogate
				parent alternatively may be appointed by the judge overseeing the student's
				case, provided the surrogate meets the qualifications in subparagraph (3)(b)2.
				of Section 39.0016, F.S.
(2) Compensation of a surrogate parent. A
				school district may compensate persons appointed as surrogate parents. A person
				acting as a surrogate parent is not an employee of the school district or
				Department of Education contracted program solely because he or she is paid by
				the school district or Department of Education contracted program to serve as a
				surrogate parent.
(3) Unaccompanied
				homeless youth. In the case of a student who is an unaccompanied homeless
				youth, appropriate staff of emergency or transitional shelters, independent
				living programs, and street outreach programs may be appointed as temporary
				surrogate parents without regard to the requirements in Section
				39.0016(3)(b)2., F.S., until a surrogate can be appointed who meets all of the
				requirements in Section 39.0016(3)(b)2., F.S.
Rulemaking Authority
					 1001.02(1),
					 1003.571 FS. Law Implemented
					 1003.57,
					 1003.571
					 FS.
New 6-28-83, Formerly 6A-6.333, Amended 12-22-08,
					 4-21-11.