Abstract
When a parent is absent, children in foster care who receive special education services are entitled to the appointment of a surrogate parent. This appointment is especially necessary due to the importance of the parent’s role in special education law and the often enhanced educational needs of children in foster care. However, the logistics of how surrogate parents are appointed and trained vary widely across the country. This article examines the legal landscape of the appointment of surrogate parents for children in foster care who receive special education services both nationally and in Virginia. This article also reviews the training and appointment process in other states, including the strong role undertaken by state education agencies in ensuring the prompt appointment of trained surrogate parents. The article concludes with recommendations for improving these processes in Virginia, and examines methods to increase positive educational outcomes for Virginia’s youth in foster care who receive special education services.
Recommended Citation
Cassie A. Powell,
“Every Child Needs A Champion”: Foster Children with Disabilities and the Appointment of Surrogate Parents Under Idea,
27
Rich. Pub. Int. L. Rev.
245
(2024).
Available at:
https://scholarship.richmond.edu/pilr/vol27/iss2/9