The Role of Parents under IDEA and Strategies for Non-Parents
Many rights under IDEA and Washington State special education law can be asserted only by the parents of students with disabilities. A wide variety of caregivers fit into the definition of parent under IDEA and the state special education law. Because this publication focuses on IDEA and state special education law rights, this webpage talks about the definition of parent and how advocates, like relatives, family friends, and community members, who do not meet the definition can gain legal authority to act in the place of or for a parent.
Who is a “parent” or “guardian” under IDEA?
IDEA defines “parent” to include the following people:
- The birth or adoptive parent of a child
- The foster parent of a child
- A guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child, such as an individual given authority to make educational decisions by a judge (this does not include the caseworker if the child is a ward of the state).
- A person acting in the place of a parent, such as a grandparent or relative with whom a student with a disability lives, or someone who is legally responsible for the student’s welfare
- A surrogate parent appointed by the district (see information below about surrogate parents).
If there is more than one person in a child’s life who meets IDEA’s definition of parent, the child’s birth or adoptive parent has educational decision-making authority unless the birth or adoptive parent’s rights are limited by a court order or compromised in some way.
What can I do if I want to assert a student’s special education rights but I do not fit the definition of parent under IDEA?
There are many things you can do to help a student even if you aren’t the parent. You can use your advocacy skills to encourage the school district to create and maintain good special education services for a student. However, there may be times in your advocacy when a conflict might arise that can’t be resolved directly with the school district. Since many IDEA rights can be asserted only by a parent or guardian as defined by the IDEA laws, you might find yourself at an impasse because you do not have legal authority to make educational decisions on behalf of the student.
Below are some ways that you can obtain the authority to enforce a student’s special education rights when a parent or guardian is not available.
- Obtain a Power of Attorney from the student’s parents.
A Power of Attorney is a legal document allowing a person to give authority for someone else to act on their behalf. A student’s parent or legal guardian could use a Power of Attorney to give someone else (such as a caregiver, relative, or foster parent) the authority to act as though they are the parent. A Power of Attorney form can be downloaded through the internet. For more complicated Power of Attorney situations, it is best to consult a lawyer.
- Get appointed as a surrogate parent.
In certain situations, such as when the parents are not known, the district can’t locate the parents after reasonable efforts, or the student is a ward of the state or an unaccompanied homeless youth, school districts must appoint someone to make educational decisions for a student with a disability. This person is called a “surrogate parent.” Talk to the school district staff to find out the district’s process for appointing a surrogate parent.
- Request educational decision-making authority through the dependency, CHINS, or other family court process.
If a judge has authority to make decisions about a child’s care, they can order that someone other than the parent should have the power to make educational decisions. If there is a lawyer for the child, talk to him or her about asking the judge to appoint you to make educational decisions.