| Abstract: | The Individuals with Disabilities Education Improvement Act (IDEIA) protects foster children's rights to have a special education decision maker. For foster children who do not have a natural or adoptive parent or a responsible adult in their life to take on this role, IDEIA requires that a special education surrogate parent be appointed by appropriate procedures. Under IDEIA, these procedures are delegated to the states. Each state must ensure that local education agencies (LEAs) delineate methods for recruiting and maintaining a pool of available special education surrogate parents. Due to differing state laws and LEA procedures, there are many discrepancies in the quality and availability of special education surrogate parents. To combat these problems, this Note proposes principles for administrative regulations establishing statewide special education surrogate parent programs by examining existing statewide programs. Administered through a state's Department of Education in collaboration with child welfare agencies, statewide special education surrogate parent programs guarantee well‐qualified decision makers who will advocate for all children eligible for special education services. |
