F.  Parents/Surrogate Parents



Under IDEA, a child must have a parent or educational surrogate parent to access services. Although an advocate can request an evaluation of special education needs, only a parent or an educational surrogate parent (ESP) can consent to the evaluation and to services.

For a child with special needs, someone involved with the child should be able to do each of the following if needed:

  • give permission for an educational evaluation;
  • give permission for special education services;
  • attend parent-teacher conferences;
  • request modifications to an IEP; and
  • perform other functions of a parent under IDEA.




Id. at 43.








Id.

Id.
Id. at 43.

To identify a person who can perform these roles, the following steps may be helpful.

  • See if anyone fits the definition of “parent” under IDEA. 
  • Incarcerated parents can be given the opportunity to participate in IEP meetings by telephone. 
  • Someone should take the responsibility of advocating at the school when a parent cannot be present.
  • If educational rights have been extinguished, a foster parent may act as the parent under certain circumstances.
  • If a parent is unavailable or is unlikely to consent to what the child needs, an educational surrogate parent (ESP) may be needed.
  • Possible ESPs:  foster parent, relative, court appointed special advocate (CASA), guardian ad litem ("GAL").  It is best if an ESP knows the child and knows about the child’s needs.
  • Where the child has been determined to have no disabilities, these same persons could act as an educational decision-maker.
  • When there is ambiguity, a judge should make a clear appointment of an ESP or educational decision-maker, as needed.