Exceptional Student Education (ESE) provides specially designed instruction and related services for gifted students and students with disabilities. Under the federal Individuals with Disabilities Education Act (IDEA), districts must offer a free appropriate public education (FAPE) to students with disabilities aged 3–21, including special education and related services at no cost, aligned with each student’s individual educational plan (IEP). While IDEA does not cover gifted students, state laws require districts to also provide FAPE to them, mandating special instruction and services without specifying the exact type.
A Surrogate Parent is defined by F.S. Ch. 39.0016 as an individual appointed to act in the place of a parent in educational decision-making and in safeguarding a child’s rights under the Individual with Disabilities Education Act (IDEA) and Chapter 39. When a child is placed into licensed out of home care and has been identified as requiring/potentially requiring ESE services, the GAL, Foster Parent, Relative or Non-relative caregiver may serve as the parent for educational purposes or Educational Surrogate. An Educational Surrogate appointed by the superintendent or the court must be accepted by any subsequent school or school district without regard to where the child is receiving residential care during the child’s entire time in state custody. The Educational Surrogate may be a court-appointed GAL, or a relative or non-relative adult who is involved in the child’s life regardless of whether that person has physical custody of the child.
A trained, interested, and consistent educational decisionmaker is needed for the child when the parent is determined to be legally unavailable or when the foster parent is unwilling, has no significant relationship with the child, or is not trained in the exceptional student education process. Each person appointed as an Educational Surrogate must have the knowledge and skills acquired by successfully completing training using materials developed and approved by the Department of Education to ensure adequate representation of the child.
The person appointed as a surrogate must:
What are the duties of a Surrogate Parent?
An Educational Surrogate is responsible for advocating for a student’s educational needs by attending training, learning district procedures, getting to know the student and school staff, observing the student’s school day, and understanding the student’s background. They participate in educational planning meetings, help make educational decisions, give or withhold consent for district actions, request educational actions, and understand and use procedural safeguards when necessary.
Responsibilities which are not part of the Educational Surrogate:
The responsibilities of a surrogate parent are limited to matters relating to the provision of a FAPE for a student. The following areas are specifically excluded from the purview of the Educational Surrogate: care, maintenance, custody, residential placement, and identification and evaluation activities not relating specifically to special education.
Termination of a Surrogate Parent is appropriate when:
The SCC Case manager and group home staff are NOT permitted to act as an Educational Surrogate. They cannot sign as the parent or surrogate for a referral for an evaluation for an Individualized Education Plan (IEP) or authorizing participation in the program.
*For more information, refer to the FDOE Technical Assistance Paper “Surrogate Parents for Exceptional Students and Florida’s Dependency Bench book “Education Surrogate”.
