III. Parents, Surrogate Parents, and Educational Decision-Makers

When a disabled child is involved in dependency and neglect proceedings, educational needs should be considered from the beginning. The child  should have a person who can make educational decisions on his or her behalf. In the child welfare system, determining this person can be complicated, and may require intervention from the courts. Usually the person would be a parent. If the parents of the child are not known, or may not act in the child’s best interests, other alternatives exist.

Various laws determine who is a parent and who can make educational decisions. The authority to make educational decisions is defined more restrictively under IDEA than for general, educational decision making. Moreover, special education law is structured in such a way that it is crucial that someone act as a parent. Therefore, if no one can be identified as a parent under IDEA rules and regulations, an educational surrogate parent (ESP) should be appointed.