Special Education Surrogate Parents: What They Do, Why It Matters, and How to Become One

Have you heard of being a special education surrogate parent? The slang for it is actually educational surrogate, and the special education or IEP part is assumed.

Many times parents ask me how they can give back to the special needs community. Particularly for those who have their own child’s situation settled and stable, and have the knowledge of IEP meetings and systems.

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There are many other options including Parent Partner or Parent Buddy programs, but there is also a little-known thing called Educational Surrogate Parents or ESPs. (yes, another special ed acronym) And it’s actually a provision of IDEA!

What is an Educational Surrogate?

The Individuals with Disabilities Education Act (IDEA) requires that every child with a disability who needs special education services has access to an appropriate educational advocate, even if no parent is available.

This is where educational surrogate parents come into play.

Here’s what IDEA says about educational surrogates:

1. Appointment of a Surrogate: If a child’s parent or guardian cannot be identified, or the child is a ward of the state, or the child is an unaccompanied homeless youth, the school district must assign a surrogate parent to represent the child in matters related to their education. This includes participating in IEP meetings and making educational decisions on behalf of the child.
2. Qualifications: The surrogate parent must have no conflicting interests with the child, must be trained, and have sufficient knowledge to advocate for the child’s rights under IDEA.
3. Timely Assignment: IDEA mandates that a surrogate parent must be appointed within 30 days once it is determined that the child needs one. (this rarely happens, not gonna lie; I’ve gotten many surrogates who went years without one)
4. Role and Responsibilities: The surrogate parent represents the child in all matters related to the identification, evaluation, placement, and provision of a free appropriate public education (FAPE) under IDEA.
5. Unaccompanied Homeless Youth: For unaccompanied homeless youth, the school district must make reasonable efforts to appoint a surrogate as well, and this surrogate may be a temporary one.

These provisions ensure that a child without an available parent still has someone to protect their educational rights.

Surrogate Parent Special Education

Educational surrogates are crucial because they ensure that children with disabilities receive the educational services and supports they are entitled to under IDEA, especially when there is no parent or guardian available to advocate for them.

Here’s why they matter:

1. Advocacy for Vulnerable Children: Surrogate parents step in to represent children whose parents cannot be located, are unavailable, or whose parental rights have been terminated. Without this advocate, these children may be left without proper educational guidance or representation.
2. Ensuring Access to FAPE: Surrogate parents help ensure the child receives a Free Appropriate Public Education (FAPE), as required by law. This includes participating in IEP meetings, understanding the child’s needs, and ensuring those needs are met through proper accommodations and services.
3. Navigating Complex Systems: The special education process is complex, and without a knowledgeable advocate, children could fall through the cracks. Surrogate parents understand IDEA and work to hold schools accountable for providing the services required by law.
4. Protecting Educational Rights: Surrogate parents ensure that the child’s rights are upheld in matters of placement, evaluations, and dispute resolution, ensuring the child’s best educational interests are always represented.

Educational surrogates play a vital role in guaranteeing that children with disabilities are not left without a voice in their educational journey.

IDEA and Educational Surrogates

Educational Surrogacy is a program outlined in IDEA 2004.

Here is some of the actual wording of some of the statute and regulations:

(a) General. Each public agency must ensure that the rights of a child are protected when–

(1) No parent (as defined in Sec. 300.30) can be identified;

(2) The public agency, after reasonable efforts, cannot locate a parent;

(3) The child is a ward of the State under the laws of that State; or

(4) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

(b) Duties of the public agency. The duties of a public agency under paragraph (a) of this section include the assignment of an individual to act as a surrogate for the parents. This must include a method–

(1) For determining whether a child needs a surrogate parent; and

(2) For assigning a surrogate parent to the child.

(c) Wards of the State. In the case of a child who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the child’s case, provided that the surrogate meets the requirements in paragraphs (d)(2)(i) and (e) of this section.

Who selects Educational Surrogates for a child?

Under IDEA, the selection of an educational surrogate for a child is handled by different entities depending on the child’s situation:

1. Public Agency (School District): For most children, the school district (or local educational agency, LEA) is responsible for assigning a surrogate parent. This happens when:
   • The child’s parent or guardian cannot be identified.
   • The whereabouts of the parent or guardian are unknown.
   • The child is a ward of the state.
2. State or Court System: For children who are wards of the state, a judge overseeing the child’s case may appoint the surrogate parent. The court can select someone to act as the child’s surrogate if no parent is available.
3. Unaccompanied Homeless Youth: The local educational agency must appoint a surrogate parent for unaccompanied homeless youth in a timely manner.

In all cases, the surrogate parent selected must not have any conflicts of interest with the child, must have knowledge of special education procedures, and must be able to advocate for the child’s educational rights.

And so this is the part that really stinks. Even with this type of “protections” for a child, most of them still fall through the cracks. Because no one is checking to make sure that the child has an educational surrogate. Or, the choosing agency picks someone who will go along with whatever they propose.

Yeah, it sucks. Which is why more people need to volunteer to do this.

IEP Educational Surrogate Parent Responsibilities

The surrogate parent may represent the child in all matters relating to–

(1) The identification, evaluation, and educational placement of the child; and

(2) The provision of FAPE to the child, including LRE.

(h) SEA responsibility. The SEA must make reasonable efforts to ensure the assignment of a surrogate parent, not more than 30 days after a public agency determines that the child needs a surrogate parent.

Who can be an Educational Surrogate?

Previously, I worked for a disability agency that provided services to individuals with disabilities, so I was unable to be an IEP surrogate. It was considered a conflict of interest. The same goes for teachers, sorry. The conflict of interest arises when, for example, you are an SLP–and let’s say your surrogate child would really benefit from a specific program offered by your agency.

You cannot in good conscience, without a conflict of interest, recommend the agency that you work for. Make sense?

However, if there is a dire need in your area, call the agency in the county or state next to you and see if you can do it there. I live in PA, just a few miles from the DE line.

I suppose that while I was working for that agency, I could have done Educational Surrogacy in Delaware. I didn’t start doing this until I was out on my own–not teaching and not working for an agency.

So, if you wish to become an ESP, you have to be familiar and comfortable and knowledgeable about the IEP process. You should be a good advocate and able to speak up, problem solve, collaborate. All the skills that a good advocate has.

You have to have the time. Think of how much time you devote to your own child’s IEP process, and now double it.

You have all the rights and responsibilities of a parent, as pertains to the IEP process. Emotionally, this is very hard at times. These are the “worst case scenarios” as these kids don’t have anyone on their side.

These are America’s neglected children, often bounced around to multiple placements, quite often in the Juvenile Justice system, quite often abused and so on. It is not for the faint-hearted.

Is Educational Surrogacy only for Special Needs parents?

You do not have to be a parent of a child with an IEP, but usually, they are. I mean, who would learn and go through the IEP process if you didn’t have to, right? And different geographic areas have different levels of need. Since I am in suburban Philadelphia and live in a county that has several RTFs and homeless shelters for youth, the need is greater around here.

But, there is a need everywhere, so if you are interested, ask. You can always be put on a list to be called.

It is also very rewarding and you have the opportunity to give a voice to a child who previously very likely went unheard. You can make a difference in one child’s life. These are the kids who most need a strong person on their team, and you can be that person.

How to Become an Educational Surrogate Parent

Call your state’s Department of Special Education and ask about it. As I said, it’s part of IDEA, so they should have one and know about it. Most have an application process and a training/set up program of some kind.