EDUCATIONAL SURROGATE PARENT OF ADULT

 In Re C.S. 2014 MT 74

This is an interesting and unusual case. The foster father of a special ed student enrolled in the Butte Public Schools disagreed with the education plan for the student. The student had turned 18 and ran away from the home of his biological mom, leading to the appointment of the foster father. Under the federal Individuals with Disabilities Education Act (IDEA), the student was entitled to the appointment of a "surrogate parent" through the school district. The school district appointed another adult, who approved the educational plan the foster father had disputed. The foster father filed a motion with the court to substitute himself as the surrogate parent. The district court denied his motion. The Supreme Court reversed, finding that the Montana Statute implementing IDEA, Section 20-7-461 M.C.A. and the relevant part of the federal law, Section 20 U.S.C. 1415(m)(2), only authorized the appointment of a stranger to the child if a parent was not available. The end result: the appointment of the foster father as "surrogate parent".

The Supreme Court found that the student's "...biological mother's rights were extinguished when he turned eighteen" leaving the foster father as the only "parent" with legal rights to care for the student, hence his right to appointment as "surrogate parent".