34 C.F.R. § 300.519

Surrogate parents

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. Each public agency must ensure that the rights of a child are protected when—

(1) No parent (as defined in § 300.30) can be identified;

(2) The public agency, after reasonable efforts, cannot locate a parent;

(3) The child is a ward of the State under the laws of that State; or

(4) 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)).

(b) Duties of public agency. The duties of a public agency under paragraph (a) of this section include the assignment of an individual to act as a surrogate for the parents. This must include a method—

(1) For determining whether a child needs a surrogate parent; and

(2) For assigning a surrogate parent to the child.

(c) Wards of the State. In the case of a child who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, provided that the surrogate meets the requirements in paragraphs (d)(2)(i) and (e) of this section.

(d) Criteria for selection of surrogate parents. (1) The public agency may select a surrogate parent in any way permitted under State law.

(2) Public agencies must ensure that a person selected as a surrogate parent—

(i) Is not an employee of the SEA, the LEA, or any other agency that is involved in the education or care of the child;

(ii) Has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; and

(iii) Has knowledge and skills that ensure adequate representation of the child.

(e) Non-employee requirement; compensation. A person otherwise qualified to be a surrogate parent under paragraph (d) of this section is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.

(f) Unaccompanied homeless youth. In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to paragraph (d)(2)(i) of this section, until a surrogate parent can be appointed that meets all of the requirements of paragraph (d) of this section.

(g) Surrogate parent responsibilities. The surrogate parent may represent the child in all matters relating to—

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

(2) The provision of FAPE to the child.

(h) SEA responsibility. The SEA must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.

(Authority: 20 U.S.C. 1415(b)(2))

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2000–2026 · leading case: Orange Cnty. Dep't of Educ. v. California Dep't of Educ., 668 F.3d 1052 (9th Cir. 2011).

Sort: Relevance Newest Treatment

Orange Cnty. Dep't of Educ. v. California Dep't of Educ., 668 F.3d 1052 (9th Cir. 2011). · cites it 2× “See 34 C.F.R. § 300.519 (requiring a public agency to appoint a surrogate parent — to represent a child in all matters relating to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the child — when…”

Farrin v. Maine Sch. Admin. Dist. No. 59, 165 F. Supp. 2d 37 (D. Me. 2001). “See 34 C.F.R. § 300.519 . When this happens, an additional set of procedural protections kicks in to protect the child.”

Ruecker v. Sommer, 567 F. Supp. 2d 1276 (D. Or. 2008). “34 CFR § 300.519 (2005). As discussed above, this triggers the parents’ right to prior written notice of this change.”

Dohmen Ex Rel. Dohmen v. Twin Rivers Pub. Sch., 207 F. Supp. 2d 972 (D. Neb. 2002). “See 34 C.F.R. § 300.519 . When this happens, an additional set of procedural protections kicks in to protect the child.”

LIH Ex Rel. LH v. New York City Bd. of Educ., 103 F. Supp. 2d 658 (E.D.N.Y 2000). “See 34 C.F.R. § 300.519 . When a change in placement removal is contemplated for a child with a disability, then no later than the date on which the removal decision is made the parents must be notified of the decision and of all procedural safeguards afforded under IDEA.”

Grine v. Sylvania Schs. Bd. of Edn., Unpublished Decision (12-17-2004), 2004 Ohio 6904 (Ohio Ct. App. 2004). · cites it 3× “" 34 C.F.R. 300.519 ; O.A.C. 3301-51-05(K).”

Orange Cty. Dept. of Educ. v. Cal. Dept. of Educ., 650 F.3d 1268 (9th Cir. 2011). · cites it 2× “See 34 C.F.R. § 300.519 (requiring a public agency to appoint a surrogate parentto represent a child in all matters relating to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the childwhen "[n]o…”

In Re: Order Amending Rules 512, 610, & 612 of the Pennsylvania Rules of Juv. Court Procedure (Pa. 2017). “§ 1439 (a)(5), and 34 C.F.R. § 300.519 ; and 2) an appropriate education, including any necessary special education or remedial services, 24 P.”

In Re: Order Amending Rules 240, 242, & 1242 of the Pennsylvania Rules of Juv. Court Procedure (Pa. 2017). “§ 1439 (a)(5), and 34 C.F.R. § 300.519 ; 3) an appropriate education, including any necessary special education, early intervention, or remedial services pursuant to 24 P.”

In Re: Order Amending Rules 163, 195, 512 & 1147 & Adopting Rules 148, 1146 & 1148 of Juv Ct Pro (Pa. 2018). “34 C.F.R. §300.519 (c), (d)(2)(i). The educational decision maker should refer to the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.”

Y. Q. v. Chichester Sch. Dist. (3rd Cir. 2026). “34 C.F.R. § 300.519 (g)(1)-(2); 34 C.F.R.”

In Re: Order Amending Rules 1120, 1210, 1240, 1242, 1330, 1408, 1409, 1512, 1514, 1515, 1608, 1609, 1610, 1611, & 1635 & Adopting New Rule 1149 of the Rules of Juv. Court Procedure (Pa. 2015). “§ 1439 (a)(5), and 34 C.F.R. § 300.519 . * * * Pursuant to paragraph (D)(1)([i]j), the court is to address the child’s needs concerning health care and disability.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.