Educational Surrogate Parents
Each student who qualifies or may qualify for special education services has a right to parental/guardianship representation in special education matters and processes. Parental consent must be given for many elements of special education evaluation and implementation of services. Some students in need of evaluation or services may not have a parent or guardian available. For those students, an Educational Surrogate Parent (ESP) may be assigned to act as an advocate and fulfill duties of a parent/guardian in the special education process on the student’s behalf.
A student who is between the ages of 3-22 who is eligible or is under evaluation for eligibility for special education services and meets one of the below criteria qualifies for an Educational Surrogate Parent
- Is a youth in care
- Is an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)),
- Is a child for whom no parent (as defined in § 300.30) can be identified, or
- Is a child for whom the educational entity cannot locate a parent after reasonable attempts