The Halifax Area School District subscribes to IDEA as it relates to the Individuals with Disabilities Education Improvement Act (IDEA) permitting parents to make decisions related to the provision of special education services.

IDEA defines parents to include not only birth or adoptive parents, but in some cases, foster parents, a person with whom the child is living and who is acting as the child’s parent, and others, including surrogate parents. A surrogate parent or other educational decision maker can be appointed by a court or other public agency and, once appointed, is authorized to make special educational decisions for a child who is eligible or who is thought to be eligible for special education services. 34 CFR 300.33 defines public agency as “the SEA,LEAs, ESAs, nonprofit public charter schools that are not otherwise included sales or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.” See 34 CFR 300.33.   

If a student enrolls into the Halifax Area School District, and no parent can be identified, a public agency cannot, after reasonable efforts, locate a parent, the child is a ward of the State (i.e., the child is in the custody of Children and Youth and does not have a foster parent who can make educational decisions), or the child is an unaccompanied homeless youth, this child would be considered in need of a surrogate parent.  A surro­gate parent must be appointed to any IDEA-eligible or thought-to-be eligible child within 30 calendar days.

Process

Upon determination of a student in need of a surrogate parent through our registration process, the following will occur:

• Building level principal / guidance counselor will contact the special education department of a student in need of Surrogate Parent services

• The Special Education Office will contact the local Capital Area Intermediate Unit to obtain a list of Surrogate parents

• The Capital Area Intermediate Unit in conjunction with the Halifax Area School District will determine a person that will serve as the surrogate parent in any educational / IDEA pertinent decisions. The LEA will ensure that surrogate parents are afforded the same educational rights as other parents of students with disabilities in the LEA. 

In addition, the LEA will try to:

• Match the student’s needs to the strengths of the potential surrogate parent;

• Introduce the student and the potential surrogate parent;

• Obtain a written agreement from the surrogate parent to serve the specific student in his or her process and to maintain the student’s and the family’s rights to confidentiality; and

• Inform all involved persons and agencies responsible for the residential care and education of the student of the surrogate parent’s appointment.

If in reviewing this document, you know of a student who meets the criteria of needing a Surrogate Parent, please contact the students' local school building at (717) 896-3416.