Who Is the 'Parent'? Guidance from Case Law on Parental Participation in the IEP Process

Given that parental participation is such a critical feature of IDEA (20 U.S.C. § 1400[c][5][B]), the question of who is a parent often presents a challenge. Specifically, with regard to educational decisions, states may include more options under the definition of a parent than those provided in the Individuals with Disabilities Education Act (IDEA). Navigating the process in involving parents, particularly who has authority to make educational decisions on behalf of a child with a disability in light of multiple definitions and complicated court-sanctioned custody decisions, may present complex challenges for schools. It is abundantly clear through legislative provisions and related hearings that parents play a critical role in ensuring that a child with a disability is not denied free appropriate public education (FAPE). The brief review of hearing decisions presented in this article points to the necessity to examine carefully who is the designated parent to make educational decisions--or whether both can. This examination, however, involves IDEA provisions, family court decisions, and relevant state laws.