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Surrogate Parents For Special Education
Law-In-Brief: Special Education #3
Date: September 2000
Prepared by: Beth Stevens, legal intern
What is a surrogate parent for special education?
A surrogate parent for special education is an adult other than a parent, who is assigned by a school district or other public agency providing special education services, to ensure that a student’s rights are protected.
When is a surrogate parent appointed?
Surrogate parents are appointed for students under age 18 who fall into one of four categories:
- No parent can be identified for the student;
- The school district, after reasonable efforts, cannot discover the whereabouts of a parent;
- The student’s parents have had their parental rights terminated and no guardian has been appointed; or
- The student has been found dependent through the child protection system and is not living with relatives (i.e., the child has been placed in foster care with non-relatives), and parental rights have not been terminated.
What are the responsibilities of surrogate parents?
Surrogate parents are responsible for representing the student in all matters relating to special education. This includes identification, evaluation, placement and provision of a free appropriate public education (FAPE). Surrogate parents are also responsible for participating in the individual education program (IEP) planning process.
Who can serve as a surrogate parent?
Surrogate parents must have enough knowledge and skill to adequately represent the student. In addition, surrogate parents cannot have any interests that conflict with the interest of the student they are representing. A surrogate parent cannot be an employee of any public agency which is involved in the education of the student. Foster parents are eligible to serve as surrogate parents, as long as they meet these requirements.
This information was obtained from the implementing state regulations for the Individuals with Disabilities Education Act, WAC 392-172-308.
This document is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.
To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
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