PARENT  
 
Authorities: 42 U.S.C. § 11434a; 34 C.F.R. Parts 99, 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P For an adult student, the local educational agency (LEA) must comply with the ADULT STUDENT framework.

P For the child who is incarcerated in an adult or juvenile, state or local correctional institution, the LEA must comply with the INCARCERATION framework.

P The LEA must comply with the RECORDS frameworks as applicable.

IDENTIFICATION OF PARENT


P The term parent means: 300.30(a)

P
  • A biological or adoptive parent of a child;
300.30(a)(1)
99.3

P
  • A foster parent of a child who meets the requirements set forth below;
300.30(a)(2)

P
  • A guardian (but not the state if the child is a ward of the state);
300.30(a)(3)
99.3

P
  • An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
300.30(a)(4)
99.3

P
  • An individual assigned to be a surrogate parent.
300.30(a)(5)

REQUIREMENTS FOR FOSTER PARENT TO SERVE AS PARENT


D A foster parent may serve as a parent of the child with a disability if the following criteria are met: TEC 29.015(b)

D
  • The Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;
TEC 29.015(b)(1)

D
  • The child has been placed with the foster parent for at least 60 days;
TEC 29.015(b)(2)

D
  • The foster parent agrees to participate in making educational decisions on the child's behalf;
TEC 29.015(b)(3)(A)

D
  • The foster parent has no interest that conflicts with the child's interests; and
TEC 29.015(b)(4)

D
  • The foster parent agrees to complete a training program for surrogate parents that complies with the training program requirements of this framework below.
89.1047(a)(1)
89.1047(b)(1)
TEC 29.015(b)(3)(B)

P The LEA should provide or arrange for the provision of the training program prior to assigning a foster parent to act as a parent but no later than 90 calendar days after assignment. 89.1047(b)(2)

APPOINTMENT OF A SURROGATE PARENT


P The LEA must make reasonable efforts to appoint a surrogate parent not more than 30 days after there is a determination that the child needs a surrogate parent unless, alternatively, the judge overseeing the child's care appoints the surrogate. 300.519(h)

D Unless appointed by the judge overseeing the child's care, the LEA must appoint a surrogate parent whenever: 300.519(a)
300.519(c)

D
  • The parents of the child are not known;
300.519(a)(1)

D
  • The LEA cannot, after reasonable efforts, locate the parents;
300.519(a)(2)

D
  • The child is a ward of the state; or
300.519(a)(3)

D
  • The child is an unaccompanied homeless youth.
300.519(a)(4)
42 USC 11434a(6)

P The LEA must ensure that a person selected as a surrogate parent is not: 300.519(d)(2)

D
  • An employee of the Texas Education Agency;
300.519(d)(2)(i)

D
  • An employee of the LEA;
300.519(d)(2)(i)

D
  • An employee of any other agency that is involved in the education or care of the child; or
300.519(d)(2)(i)

D
  • A person with a personal or professional interest that conflicts with the interest of the child the surrogate parent represents.
300.519(d)(2)(ii)

P The LEA must require the surrogate parent to: TEC 29.001(10)

P
  • Visit the child and the child's school;
TEC 29.001(10)(B)

P
  • Consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;
TEC 29.001(10)(C)

P
  • Review the child's educational records;
TEC 29.001(10)(D)

P TEC 29.001(10)(E)

P
  • Exercise independent judgment in pursuing the child's interests; and
TEC 29.001(10)(F)

P
  • Complete a training program within 90 days of assignment as a surrogate parent.
300.519(d)(2)(iii)
89.1047(a)(1)
89.1047(a)(3)
89.1047(a)(4)
TEC 29.001(10)(A)

TRAINING PROGRAM


P The required training program must provide the individual with an explanation of the provisions of federal and state laws, rules, and regulations relating to: 300.519(d)(2)(iii)
89.1047(a)(1)
89.1047(a)(3)
89.1047(a)(4)
TEC 29.001(10)(A)

P
  • The identification of a child with a disability (see CHILD FIND frameworks);
89.1047(a)(1)(A)

P
  • The collection of evaluation and reevaluation data relating to the child with a disability (see EVALUATION frameworks);
89.1047(a)(1)(B)

P 89.1047(a)(1)(C)

P
  • The development of an individualized education program (IEP) and, for a child who is at least 16 years of age, TRANSITION SERVICES;
89.1047(a)(1)(D)

P 89.1047(a)(1)(E)

P 89.1047(a)(1)(F)

P 89.1047(a)(1)(G)

P
  • The sources that the surrogate parent may contact to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations relating to children with disabilities.
89.1047(a)(1)(H)

P The surrogate parent training program must be provided in the native language or other mode of communication used by the individual who is to serve as a surrogate parent. 89.1047(a)(2)

P Once an individual has completed a training program, the individual must not be required by any LEA to complete additional training in order to continue serving as the child's surrogate parent or to serve as the surrogate parent for other children with disabilities. 89.1047(a)(3)

P LEAs may provide ongoing or additional training to surrogate parents and/or parents; however, the LEA cannot deny an individual who has received the required training from serving as a surrogate parent on the grounds that the individual has not been trained. 89.1047(a)(3)

 
 
Last Updated: Wednesday, March 29, 2017