Surrogate Parent
Why is there a Need for Surrogate Parents?
If the parent of a special education student cannot be identified or located, a surrogate parent will be appointed. School districts must ensure that an individual is assigned to act as a surrogate parent for the parents of a child with a disability when a parent cannot be identified and the school district cannot discover the whereabouts of a parent.
An Educational Surrogate Parent may also be appointed if the child is an adjudicated dependent or ward of the court under the state Welfare and Institution Code and the child is referred to special education or already has an IEP. (20 USC 1415[b]; EC 56050).
What are the Responsibilities of the Surrogate Parent?
An Educational Surrogate Parent has the responsibility to ensure that the school provides the student with a free, appropriate public education. To accomplish this responsibility, the Educational Surrogate Parent should:
- be familiar with the child's educational needs;
- respect the confidentiality of all records;
- attend and participate in school meetings;
- work with school staff to develop an Individualized Education Program (IEP) for the student;
- visit the child's school and consult with the teachers and others involved in the child's education;
- be familiar with state and federal regulations concerning the education of students with special needs, including the contents of the local school system's document on procedural safeguards;
- negotiate for appropriate services on behalf of the student;
- recommend changes in the program and/or placement of the child, if it does not seem appropriate and initiate mediation or a due process hearing when necessary;
- sign or withhold consent for assessment and placement;
- be familiar with other human services agencies in the community that might provide resources or other assistance that may affect the child.
- The federal law affecting children with special needs such as the IDEA 2004
- School district laws, regulations and Board of Education Rules
- Procedural rights of children and parents
- Roles and responsibilities of Surrogate Parents
- Processes and procedures used in Special Education
- Confidentiality
- Techniques of effective advocacy
- Definitions and terms commonly used
- Surrogate Parent Project (PACER) PACER's Surrogate Parent Project reaches out to those who have chosen, or are thinking of choosing, to act as a surrogate parent to a child with a disability. The project also serves school and county personnel who have questions about the surrogate provisions in the law.
