When a student experiencing disabilities or disabled student lacks parental representation, Oregon ensures they have a knowledgeable, caring adult advocating for their educational interests.
WHAT IS A SURROGATE PARENT?
A surrogate parent is an adult appointed to make educational decisions for a student experiencing disabilities or disabled student when:
- Parents cannot be identified or located
- The student is a ward of the state
- The student is an unaccompanied homeless youth
- The student is 18+ and lacks capacity to consent to their IEP
Surrogate parents have the same educational decision-making rights as biological parents.
THE DECISION-MAKING SPECTRUM
Oregon prioritizes supporting students to make their own decisions. Before appointing a surrogate, schools explore less restrictive options:
Key Principle: Oregon law presumes all students are capable of making decisions. Supported decision-making is always tried first. A determination that a student does not have the capacity to provide informed consent for their educational program is a careful consideration in light of all available information about the student's circumstances.
TWO TYPES OF SURROGATES
Surrogate Parent
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For: Minor students who do not have parental representation and adult students who continuously lack capacity to provide informed consent for their educational program
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Authority: Ongoing, permanent until conditions change
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When: For children without legal rights to make decisions and for adults when decisions cannot be made even with maximum support
Conditional Surrogate Parent
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For: Adult students (18+) who at times lack capacity to provide informed consent for their IEP
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Authority: Activates/deactivates based on pre-set criteria
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When: Student can decide sometimes but not always
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Key Difference: Student retains full decision-making authority between activations
RESOURCES
RELATED OREGON ADMINISTRATIVE RULES
PUBLISHED GUIDANCE
PUBLISHED FORMS & TOOLS:
DRAFT GUIDANCE, RESOURCES, & TOOLS
ODE is developing additional guidance, resources, and tools to support school districts’ implementation of OAR 581-015-2320 and OAR 581-015-2325. The links below are to those working drafts and do not constitute official agency guidance. They are being shared for feedback purposes to refine content before final release.
Please feel free to provide feedback about any of these documents here. DRAFT SUPPORTED DECISION-MAKING RESOURCES
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Supported Decision-Making Agreement: Sample form that allows an adult student to formally name trusted supporters in specific life areas (education, health, employment, finances) without relinquishing decision-making authority. Clearly establishes that supporters assist with understanding and communication but the individual retains all final decision-making power.
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Supporting Student Self-Determination: Guidance on building self-determination skills in students transitioning to adulthood using a “Causal Agency” framework. Helps IEP teams assess and document these skills in the PLAAFP to prepare students for exercising rights post-age-of-majority.
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Understanding Informed Consent: Explores the three pillars of informed consent (Information, Voluntariness, Capacity) and provides a four-domain assessment model for determining whether a student has functional capacity to provide informed consent to their educational program.
DRAFT SURROGATE PARENTS RESOURCES
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Becoming a Surrogate Parent: Introductory recruitment guide for potential volunteers outlining eligibility requirements, time commitments, legal framework, and basic responsibilities of the surrogate parent role.
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Surrogate Parent Core Guidance: Comprehensive reference for school districts on complying with federal and state requirements for appointing and monitoring surrogate parents. Covers identification, recruitment, qualifications, training, and annual review procedures.
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Surrogate Parent Appointment Form: Standardized form for documenting the determination of need and official appointment of a surrogate parent. Includes verification of legal basis and confirmation of no conflicts of interest.
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Surrogate Parent Handbook: Practical training manual for appointed surrogates covering daily duties, IEP meeting preparation and participation, document interpretation, and effective advocacy strategies.
DRAFT CONDITIONAL SURROGATES RESOURCES
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Conditional Surrogate Core Guidance: Framework for IEP teams to appoint conditional surrogates for adult students who cannot always provide informed consent for their educational program. Includes a decision tree to determine appropriateness and requirements for defining specific activation and deactivation criteria.
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Activation Record: Form documenting the specific moment a conditional surrogate's authority is triggered, creating an audit trail with date, time, and evidence that pre-agreed criteria were met.
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Deactivation Record: Companion form documenting the restoration of the student's decision-making rights after a conditional activation period ends, recording duration and confirming resumption of control.
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Conditional Surrogate Student Log: Longitudinal tracking tool to monitor frequency and duration of activations over time for use in annual IEP reviews to assess whether the arrangement remains appropriate.
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Conditional Surrogate Appointment Agreement: Template for establishing a conditional surrogate arrangement for an adult student. Requires the IEP team to define specific, observable activation and restoration criteria.
Contact:
Shava.Feinstein@ode.oregon.gov