Determination of Need for Surrogate Parent Appointment - South Dakota

Determination of Need for Surrogate Parent Appointment is a legal document that was released by the South Dakota Department of Education - a government authority operating within South Dakota.

FAQ

Q: What is the Determination of Need for Surrogate Parent Appointment?
A: The Determination of Need for Surrogate Parent Appointment is a process in South Dakota to determine whether a child with a disability requires a surrogate parent to advocate for their educational rights.

Q: Who is considered a child with a disability?
A: A child with a disability is defined as an individual aged 3-21 years, inclusive, who receives special education and related services under the Individuals with Disabilities Education Act (IDEA).

Q: What is the role of a surrogate parent?
A: A surrogate parent is appointed to represent the educational rights of a child with a disability when there is no parent or legal guardian available to act on their behalf.

Q: When is a surrogate parent appointed?
A: A surrogate parent is appointed when it has been determined that a child with a disability does not have a parent or legal guardian who can act on their behalf in educational matters.

Q: How is the need for a surrogate parent determined?
A: The need for a surrogate parent is determined through an individualized determination process that takes into account the specific circumstances and needs of the child.

Q: Who makes the determination for the appointment of a surrogate parent?
A: The determination for the appointment of a surrogate parent is made by the local educational agency responsible for providing special education services to the child.

Q: What factors are considered in the determination process?
A: The determination process considers factors such as the availability of a parent or legal guardian, the child's best interests, and the need for someone to advocate for the child's educational rights.

Q: What are the responsibilities of a surrogate parent?
A: A surrogate parent is responsible for advocating for the educational rights of the child, participating in the child's individualized education program (IEP) meetings, and making decisions on behalf of the child.

Q: Can a surrogate parent be replaced?
A: Yes, a surrogate parent can be replaced if there is a change in the child's circumstances or if it is determined that a different surrogate parent would better serve the child's needs.