OAR 581-015-2320
Surrogate Parents

(1)

Each public agency must ensure that the rights of a child are protected by determining the need for, and when appropriate assigning, a surrogate parent when no parent (as defined in OAR 581-015-2000 (Definitions)) with legal rights in respect to a student’s educational decision making can be identified or located after reasonable efforts and additionally:

(a)

The child is a ward of the state and there is reasonable cause to believe that the child has a disability; or

(b)

The child is an unaccompanied homeless youth.

(2)

The school district may not appoint a surrogate solely because the parent or adult student to whom rights have transferred is uncooperative or unresponsive to special education needs.

(3)

Each school district must have a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child. The school district must ensure that each person approved to serve as a surrogate:

(a)

Is not an employee of the school district or the Department or any other agency that is involved in the education or care of the child;

(b)

Is free of any personal or professional interest that conflicts with representing the child’s special education interests; and

(c)

Has knowledge and skills that ensure adequate representation of the child in special education decisions.

(4)

For an unaccompanied homeless youth, appropriate staff of emergency shelters, independent living programs and street outreach programs may be appointed as a temporary surrogate parent without regard to subsection (3)(a) until a surrogate can be appointed that meets all of the requirements of subsection (3).

(5)

An appointed surrogate parent has all of the special education rights and procedural safeguards available to the parent.

(6)

A surrogate is not considered an employee of a school district solely on the basis that the surrogate is compensated from public funds.

(7)

The duties of the surrogate parent are to:

(a)

Protect the special education rights of the child;

(b)

Be acquainted with the child’s disability and the child’s special education needs;

(c)

Represent the child in all matters relating to the identification, evaluation, IEP and educational placement of the child; and

(d)

Represent the child in all matters relating to the provision of a free appropriate public education to the child.

(8)

A surrogate has the same rights granted to a parent in a hearing under OAR 581-015-2360 (Pre-Hearing Conference, Notice of Hearing and Hearing Rights), and the procedures regarding hearings in OAR 581-015-2340 (Procedural Rules for Due Process Hearings) through 581-015-2385 (Hearing Costs) apply.

(9)

A parent, or an adult student to whom rights have transferred, may give written consent for a surrogate to be appointed.

(a)

When a parent or an adult student requests that a surrogate be appointed:

(A)

The parent or adult student retains all parental rights to receive notice under OAR 581-015-2190 (Parent Participation – General), 581-015-2195 (Additional Parent Participation Requirements for IEP and Placement Meetings), 581-015-2310 (Prior Written Notice), and 581-015-2315 (Notice of Procedural Safeguards) and all of the information provided to the surrogate.

(B)

The surrogate, alone, is responsible for all matters relating to the special education of the child unless the parent or adult student revokes consent for the surrogate’s appointment.

(b)

The parent or adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.

(10)

The school district may change or terminate the appointment of a surrogate when:

(a)

The person appointed as surrogate is no longer willing to serve;

(b)

Rights transfer to the adult student or the child graduates with a regular diploma;

(c)

The child is no longer eligible for special education services;

(d)

The legal guardianship of the child is transferred to a person who is able to carry out the role of the parent;

(e)

A foster parent is identified who can carry out the role of parent under OAR 581-015-2000 (Definitions)(20);

(f)

The parent, who previously could not be identified or located, is now identified or located;

(g)

The appointed surrogate is no longer eligible;

(h)

The child moves to another school district; or

(i)

The child is no longer a ward of the state or an unaccompanied homeless youth.

(11)

A person appointed as surrogate will not be held liable for actions taken in good faith on behalf of the parent in protecting the special education rights of the child.

(12)

When it is determined that a surrogate parent is needed to protect the rights of a student with a disability as outlined above, the surrogate must be appointed not more than 30 days after the determination that the student needs a surrogate.

Source: Rule 581-015-2320 — Surrogate Parents, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-015-2320.

581‑015‑2000
Definitions 581‑015‑2005
Criteria for Approving School District Special Education Programs 581‑015‑2010
Census and Data Reporting 581‑015‑2015
Compliance Monitoring 581‑015‑2020
Recovery of Funds for Misclassified Children 581‑015‑2025
Advanced Payment to School Districts for Special Education Programs 581‑015‑2030
Procedures for Complaints as Required by IDEA Regulations 581‑015‑2035
Minimum Standards for Sign Language Interpreters Serving Students in Public Schools 581‑015‑2040
Free Appropriate Public Education (FAPE) and Age Ranges 581‑015‑2045
Age Limitations and Exceptions to FAPE 581‑015‑2050
Graduation 581‑015‑2055
Assistive Technology 581‑015‑2060
Accessible Materials 581‑015‑2065
Extended School Year Services 581‑015‑2070
Nonacademic Services 581‑015‑2075
Charter Schools 581‑015‑2080
Child Find 581‑015‑2085
Child Find for Children Attending Private Schools 581‑015‑2090
Consent 581‑015‑2095
Exceptions to Consent 581‑015‑2100
Responsibility for Evaluation and Eligibility Determination 581‑015‑2105
Evaluation and Reevaluation Requirements 581‑015‑2110
General Evaluation and Reevaluation Procedures 581‑015‑2115
Evaluation Planning 581‑015‑2120
Determination of Eligibility 581‑015‑2125
Interpretation of Evaluation Data 581‑015‑2127
Developmental Delay 581‑015‑2130
Autism Spectrum Disorder 581‑015‑2135
Communication Disorder 581‑015‑2140
Deafblindness 581‑015‑2145
Emotional Disturbance Eligibility Criteria 581‑015‑2150
Deaf or Hard of Hearing 581‑015‑2155
Intellectual disability 581‑015‑2160
Orthopedic Impairment 581‑015‑2165
Other Health Impairment 581‑015‑2170
Specific Learning Disability 581‑015‑2175
Traumatic Brain Injury 581‑015‑2180
Visual Impairment 581‑015‑2181
Functional Behavioral Assessments 581‑015‑2190
Parent Participation – General 581‑015‑2195
Additional Parent Participation Requirements for IEP and Placement Meetings 581‑015‑2200
Content of IEP 581‑015‑2205
IEP Team Considerations and Special Factors 581‑015‑2210
IEP Team 581‑015‑2215
Oregon Standard IEP 581‑015‑2220
When IEPs Must Be In Effect 581‑015‑2225
Review and Revision of IEPs 581‑015‑2230
Transfer Students 581‑015‑2235
School District and Participating Agency Responsibilities for Transition Services 581‑015‑2240
Requirement for Least Restrictive Environment 581‑015‑2245
Alternative Placements and Supplementary Aids and Services 581‑015‑2250
Placement of the Child 581‑015‑2255
Nonacademic Settings 581‑015‑2260
Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies 581‑015‑2265
Obligations of Public Agencies that Contract with Approved Private Schools 581‑015‑2270
Standards for Approval of Private Schools for School-age Children 581‑015‑2275
Standards for Approval of Private Preschools 581‑015‑2280
Process for Approval of Private School or Preschool as a Contractor with Public Agencies 581‑015‑2285
Suspension, Revocation or Refusal to Renew Approval 581‑015‑2290
Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval 581‑015‑2295
Out-of-State Placements for Special Education 581‑015‑2300
Access to Student Education Records 581‑015‑2305
Independent Educational Evaluation 581‑015‑2310
Prior Written Notice 581‑015‑2315
Notice of Procedural Safeguards 581‑015‑2320
Surrogate Parents 581‑015‑2325
Transfer of Procedural Rights at Age of Majority 581‑015‑2330
Notice of Transfer of Rights at Majority 581‑015‑2335
Mediation 581‑015‑2340
Procedural Rules for Due Process Hearings 581‑015‑2345
Hearing Request and Response 581‑015‑2350
Sufficiency of Hearing Request 581‑015‑2355
Resolution Process 581‑015‑2360
Pre-Hearing Conference, Notice of Hearing and Hearing Rights 581‑015‑2365
Criteria for Administrative Law Judge 581‑015‑2370
Conduct of Hearing 581‑015‑2375
Decision of Administrative Law Judge 581‑015‑2380
Informal Disposition 581‑015‑2383
Failure to Appear at a Hearing 581‑015‑2385
Hearing Costs 581‑015‑2390
Definitions for Hearings Under Section 504 of the Rehabilitation Act 581‑015‑2395
Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973 581‑015‑2400
Definitions 581‑015‑2405
Disciplinary Removals for Up to 10 School Days for Children with Disabilities 581‑015‑2410
Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern) 581‑015‑2415
Disciplinary Removals of More than 10 School Days (Pattern or Consecutive) 581‑015‑2420
Manifestation Determination 581‑015‑2425
Removal to an Interim Alternative Educational Setting by School District 581‑015‑2430
Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior) 581‑015‑2435
Requirements of an Interim Alternative Educational Setting 581‑015‑2440
Protections for Children Not Yet Eligible for Special Education 581‑015‑2445
Expedited Due Process Hearings 581‑015‑2450
Definitions 581‑015‑2455
Provision of services for Private School Children with Disabilities 581‑015‑2460
Services Plan 581‑015‑2465
Documentation Requirements 581‑015‑2470
Expenditures for Parentally-Placed Private School Children 581‑015‑2475
Private School Child Count 581‑015‑2480
Consultation with Representatives of Private School Children with Disabilities 581‑015‑2483
Written Affirmation 581‑015‑2485
Complaint by Private School Official 581‑015‑2490
Complaints and Due Process Hearings for Private School Children 581‑015‑2495
Funds and Property Not to Benefit Private Schools 581‑015‑2500
Use of Personnel 581‑015‑2505
Separate Classes Prohibited 581‑015‑2510
Property, Equipment, and Supplies 581‑015‑2515
Reimbursement for Private Placement 581‑015‑2530
Children with Disabilities under IDEA Enrolled in Public Benefits or Insurance 581‑015‑2535
Children with Disabilities Covered by Private Insurance 581‑015‑2540
Definitions for Regional Programs 581‑015‑2545
Administration of Regional Programs 581‑015‑2550
Eligibility for Regional Services 581‑015‑2555
Referral for Regional Services 581‑015‑2560
Individualized Educational Program/Individualized Family Service Plan 581‑015‑2565
Regional Program Services 581‑015‑2570
Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs 581‑015‑2571
Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval 581‑015‑2572
Long-Term Care and Treatment (LTCT) Education Program Funding Formula 581‑015‑2573
Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs 581‑015‑2574
Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs 581‑015‑2575
School Programs in Private Hospitals 581‑015‑2580
School Programs in State-Operated Hospitals 581‑015‑2585
Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs 581‑015‑2590
Required Days of Instruction 581‑015‑2595
Education Programs for Children at Residential Youth Care Centers 581‑015‑2600
Incarcerated Youth 581‑015‑2605
Plans to Serve Students in Local or Regional Correctional Facilities 581‑015‑2610
Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction 581‑015‑2700
Definitions — EI/ECSE Program 581‑015‑2705
Establishment of Service Areas 581‑015‑2710
Selection of Contractor 581‑015‑2712
Availability of Early Intervention Services 581‑015‑2713
Central Directory 581‑015‑2715
Role of Local Interagency Coordinating Council (LICC) 581‑015‑2720
Census and Data Reporting – EI/ECSE Program 581‑015‑2725
Compliance Monitoring – EI/ECSE Program 581‑015‑2730
Parent Consent for EI 581‑015‑2735
Parent Consent for ECSE 581‑015‑2740
Exceptions to Parental Consent — EI/ECSE Program 581‑015‑2745
Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program 581‑015‑2750
Parent Participation — General — EI/ECSE Program 581‑015‑2755
Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program 581‑015‑2760
Surrogate Parents — EI/ECSE 581‑015‑2765
Independent Education Evaluation — ECSE 581‑015‑2770
Confidentiality of Records for Preschool Children with Disabilities 581‑015‑2774
Referral Procedures and Early Intervention Screening 581‑015‑2775
EI Evaluation 581‑015‑2780
EI Eligibility 581‑015‑2785
Provision of EI Services Before an Evaluation and Assessment Are Completed 581‑015‑2786
Dispute Resolution Within and Between Public Agencies — Early Intervention (EI) Services 581‑015‑2790
ECSE Evaluation 581‑015‑2795
ECSE Eligibility 581‑015‑2800
Termination of Eligibility — EI/ECSE 581‑015‑2805
EI and ECSE Transition 581‑015‑2810
IFSP Meeting Procedures and Timelines 581‑015‑2815
IFSP Content 581‑015‑2820
IFSP Team Consideration and Special Factors 581‑015‑2825
Participants for IFSP Team Meetings and Reviews 581‑015‑2830
Implementation of the IFSP 581‑015‑2835
Natural Environments in EI 581‑015‑2840
Service Coordination 581‑015‑2845
Placement and Least Restrictive Environment in ECSE 581‑015‑2850
Free Appropriate Public Education (FAPE) for ECSE 581‑015‑2855
Extended Year Services for ECSE 581‑015‑2860
Assistive Technology for ECSE 581‑015‑2863
Procedures for EI/ECSE Complaints 581‑015‑2865
Mediation 581‑015‑2870
Due Process Hearings 581‑015‑2875
Discipline of Children with Disabilities for ECSE 581‑015‑2880
Private Placement — ECSE 581‑015‑2885
Preschool Children with Disabilities Covered by Public Insurance 581‑015‑2890
Preschool Children with Disabilities Covered by Private Insurance 581‑015‑2895
Health and Safety 581‑015‑2900
Personnel Standards 581‑015‑2905
Authorization of Early Childhood Specialist 581‑015‑2910
Authorization of Early Childhood Supervisor 581‑015‑2930
Employment-Related Transition Services
Last Updated

Jun. 8, 2021

Rule 581-015-2320’s source at or​.us