• Surrogate Parents

    The surrogate parent's role:

    A surrogate parent stands in the place of the parent and can make all the special education decisions that are usually made by the biological or adoptive parent. For example, surrogate parents may review a child’s educational records, request and/or consent to evaluations and reevaluations, approve or disapprove Individualized Education Programs (IEPs) and changes in educational placement, and disagree or dispute the recommendations of the local educational agency by asking for mediation or by requesting a due process hearing. A surrogate parent under IDEA does not have any rights outside the special education system unless awarded by a court.

    Process:

    The LEA is required to assign a surrogate parent whenever: 

    1) a birth or adoptive parent is unknown or cannot be located;

    2) parental rights to make educational decisions have been limited or terminated, and there is no foster parent, guardian, or other individual acting in the place of a parent with whom the child lives; or

    3) the child is an unaccompanied homeless youth.

    To fulfill this obligation, the LEA must develop a method for identifying any child who needs a surrogate parent and must assign a surrogate parent within 30-calendar days of determining that a child needs a surrogate parent.

    For a child who is eligible or thought-to-be eligible for special education services, the district must ensure that a surrogate parent is appointed to represent the child in all matters related to identification, evaluation, placement, and the provision of FAPE when:

    • No IDEA parent can be identified;
    • The local educational agency, after reasonable efforts, cannot locate a parent;
    • The child is a ward of the State as defined by State law (Pennsylvania does not have a state law definition of ward of the State so this provision does not apply in Pennsylvania); or
    • The child is an unaccompanied homeless youth as defined in § 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434(a)(6)) (i.e., youth who lack a fixed nighttime residence and are not in the care of a parent or guardian).

    See the full Basic Education Circulars (BECS) here.

    Pennsylvania Department of Education handout click here