Who needs a surrogate parent?
A child in special education or Early Intervention needs a surrogate parent in four situations: • No parent can be identified • The school or service provider, after reasonable efforts, cannot find the child’s parent • The child is a ward of the State (and the parent has lost the right to make educational decisions) • The child is homeless and not in the physical custody of a parent or guardian If the child’s natural parent is available the natural parent should be making educational decisions for the child unless that parent has lost the right to do so under State law. For example, a parent who has lost permanent custody of his child cannot act as parent, but one whose child is temporarily in the custody of the State can still act as parent unless a State law prevents him from doing so.
