6A-6.0333. Surrogate Parents

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 decisionmaker 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 subparagraph (3)(b)2. of Section 39.0016, F.S., until a surrogate can be appointed who meets all of the requirements in subparagraph (3)(b)2. of Section 39.0016, F.S.

Rulemaking Authority 1001.02(1), 1003.571 FS. Law Implemented 1003.57, 1003.571 FS. History–New 6-28-83, Formerly 6A-6.333, Amended 12-22-08, 4-21-11.