What is the Role of the Foster Caregiver? 

A foster caregiver is defined as a “parent” in both the federal Individuals with Disabilities Education Act (IDEA) and Illinois’ special education regulations. What this means is that federal and state law assign the foster caregiver with the authority and responsibility to serve as the “parent” in all matters regarding special education. An Educational Surrogate Parent (ESP) is required when a child is placed in residential care. Foster caregivers are encouraged to serve as the ESP for children in their care who move into residential care. When reunification is the goal, the foster caregiver and the child’s parent can share in the educational responsibilities. 

The caregivers have the responsibility to ensure that the school provides the student with a free, appropriate public education by:

• understanding the child and his or her educational needs, including the child’s strengths, interests and abilities; 
• requesting case study evaluations; 
• signing consents for case study evaluations, the initial educational placement and educational re-evaluations; 
• attending educational meetings, eligibility conferences and Individualized Education Plan (IEP) meetings;  
• negotiating for appropriate special education services; 
• requesting complaint investigations, mediation and/or impartial due process hearings; 
• participating in due process hearings related to the child’s needs;
• seeking legal advice, when necessary, to advocate for the child’s needs; and 
• communicating with the student’s caseworker regarding the student’s educational needs.

Caregivers must also: 

• within two days after placement, enroll the child in school or if needed, pursue early intervention services for children three and under; 
• attend school meetings and participate in early intervention services; 
• talk to the child’s teacher or others involved on a regular basis; 
• work as a team with the child’s caseworker; and 
• represent the child in a positive manner.

Becoming a Surrogate for Other Children 

Caregivers may also volunteer to be an educational surrogate for children who are in residential care or in the Department of Corrections, up to a maximum of 10 students a semester, providing those students are educated in facilities or schools in close proximity. To volunteer, call the surrogate parent coordinator, Illinois State Board of Education, at 217-782-5589.

Section 6, Page 6