The Individuals with Disabilities Act (IDEA) gives parents an active role in planning their children's educational programs, monitoring progress, and challenging inappropriate decisions.  Though parents usually fill the role of advocate for a child, the laws allow for a surrogate parent to act in this role if the parents or other family members of a child with a disability are unknown or completely unavailable, if the child is a ward of the state, if the child is an unaccompanied homeless youth, or if the parent requests in writing that a surrogate parent be appointed for their child. Sometimes, a foster parent may serve as the parent, and no surrogate parent needs to be appointed.

Surrogate parents fulfill an important role in the life of a child with a disability.  Like parents, surrogates of children with disabilities are granted a significant decision-making role and are involved at every step of the special education process.  The absence of a parent can deny a child access to appropriate identification, evaluation, placement, and provision of a free appropriate public education (FAPE).