Authority:  34 C.F.R. Part 300; Texas Education Code (TEC); 19 T.A.C. Chapter 89

PARENT

 FEDERAL AND STATE REQUIREMENTS

CITATION

Determination of Parent

Document identification of a parent:

300.20

300.515(b)(1)

• A natural or adoptive parent of a child.

300.20(a)(1)

• OR, a guardian, but not the State if the child is a ward of the State.

300.20(a)(2)

• OR, a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare).

300.20(a)(3)

• OR, a foster parent who qualifies as a parent.

300.20(b)

• OR, a surrogate parent.

300.20(a)(4)

If the student has a foster parent, determine whether the foster parent may serve as parent.  A foster parent may act as a parent of a student with a disability if the following criteria are met (document):

• The Department of Protective and Regulatory Services (DPRS) is appointed as the temporary or permanent managing conservator of the student.

TEC 29.015(b)(1)

• The foster parent has an ongoing, long-term parental relationship with the child (the child has been placed with the foster parent for at least 60 days).

300.20(b)(2)(i)

TEC 29.015(b)(2)

• The foster parent is willing to make the educational decisions required of parents under the IDEA.

300.20(b)(2)(ii)

TEC 29.015(b)(3)(A)

• The foster parent has no interest that would conflict with the interests of the child.

300.20(b)(2)(iii)

TEC 29.015(b)(4)

• The foster parent agrees to complete (and completes) a training program, within 90 days of the initial assignment as the parent, in which the individual is provided with an explanation of the provisions of federal and state laws, rules, and regulations relating to:

TEC 29.015(b)(3)(B)
89.1047(a)(1)

89.1047(b)(1)

89.1047(b)(2)

• The identification of a student with a disability.

89.1047(a)(1)(A)

• The collection of evaluation and reevaluation data relating to a student with a disability.

89.1047(a)(1)(B)

• The ARD committee process.

89.1047(a)(1)(C)

• The development of an IEP and, for a student who is at least 16 years of age, an individual transition plan (ITP).

89.1047(a)(1)(D)

• The determination of least restrictive environment.

89.1047(a)(1)(E)

• The implementation of an IEP.

89.1047(a)(1)(F)

• The procedural safeguards.

89.1047(a)(1)(G)

• The sources that the foster parent may contact to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations relating to students with disabilities.

89.1047(a)(1)(H)

The training program must be provided in the native language or other mode of communication used by the foster parent who is to serve as a parent.

89.1047(a)(2)
 

If the foster parent does not meet the criteria to serve as parent, appoint a surrogate parent.  The school district shall give preferential consideration to a foster parent of a student with a disability when assigning a surrogate parent for the child.

TEC 29.015(a)

Once a foster parent has completed a training program conducted or provided by the Texas Department of Protective and Regulatory Services, a school district, an education service center, or any entity that receives federal funds to provide IDEA training to parents, the foster parent shall not be required by any school district to complete additional training in order to continue serving as his/her child's surrogate parent or parent or to serve as the surrogate parent or parent for other students with disabilities.

89.1047(b)(1)

School districts may provide ongoing or additional training to foster parents and/or parents; however, a district cannot deny an individual who has received the required training from serving as the parent on the grounds that the individual has not been trained.

89.1047(b)(1)

Appointment of a Surrogate Parent

The surrogate parent may represent the child in all matters relating to:

300.515(e)

• The identification, evaluation, and educational placement of the child.

• The provision of a free appropriate public education (FAPE) to the child.

Document the appointment of a surrogate parent when one of the following conditions is present:

• No parent can be identified.

300.515(a)(1)

• OR, the district, after reasonable efforts, cannot discover the whereabouts of a parent.

300.515(a)(2)

• OR, the child is a ward of the State under the laws of that State (the Department of Protective and Regulatory Services is appointed as the temporary or permanent managing conservator of the child).

300.515(a)(3)

Document that the individual agrees to:

300.515(b)(2)

• Visit the student and the student’s school.

TEC 29.001(10)(B)

• Consult with persons involved in the student’s education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers.

TEC 29.001(10)(C)

• Review the child's educational records.

TEC 29.001(10)(D)

• Attend meetings of the child's ARD committee.

TEC 29.001(10)(E)

• Exercise independent judgment in pursuing the child's interests.

TEC 29.001(10)(F)

• Exercise the child's due process rights under applicable state and federal law.

TEC 29.001(10)(G)

• Complete (and does complete) a training program, within 90 days of assignment as a surrogate parent, in which the individual is provided with an explanation of the provisions of federal and state laws, rules, and regulations relating to:

TEC 29.001(10)(A)
89.1047(a)(1)
89.1047(a)(3)
89.1047(a)(4)

• The identification of a student with a disability.

89.1047(a)(1)(A)

• The collection of evaluation and reevaluation data relating to a student with a disability.

89.1047(a)(1)(B)

• The ARD committee process.

89.1047(a)(1)(C)

• The development of an IEP and, for a student who is at least 16 years of age, an individual transition plan (ITP).

89.1047(a)(1)(D)

• The determination of least restrictive environment.

89.1047(a)(1)(E)

• The implementation of an IEP.

89.1047(a)(1)(F)

• The procedural safeguards.

89.1047(a)(1)(G)

• 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 students with disabilities.

89.1047(a)(1)(H)

The 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)

Once an individual has completed a training program conducted or provided by or through the Texas Department of Protective and Regulatory Services, a school district, an education service center, or any entity that receives federal funds to provide IDEA training to parents, the individual shall not be required by any school district to complete additional training in order to continue serving as the student's surrogate parent or to serve as the surrogate parent for other students with disabilities.

89.1047(a)(3)

School districts may provide ongoing or additional training to surrogate parents and/or parents; however, a district 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)

Assure that the surrogate parent:

• Is not an employee of the TEA, the district, or any other agency that is involved in the education or care of the child.

300.515(c)(2)(i)

• Has no interest that conflicts with the interest of the student he or she represents.

300.515(c)(2)(ii)

• Has knowledge and skills that ensure adequate representation of the child.

300.515(c)(2)(iii)

Each district or shared services arrangement shall develop and implement procedures for conducting an analysis of whether a foster parent or potential surrogate parent has an interest that conflicts with the interests of his/her child. A foster parent in a home which is verified by the PRS or a child-placing agency shall not be deemed to have a financial conflict of interest by virtue of serving as the foster parent in that home. These homes include, but are not limited to, basic, habilitative, primary medical, or therapeutic foster or foster group homes. In addition, issues concerning quality of care of the child do not constitute a conflict of interest. Concerns regarding quality of care of the child should be communicated, and may be statutorily required to be reported, to the Department of Protective and Regulatory Services.

89.1047(c)

A public agency may select as a surrogate a person who is an employee of a nonpublic agency that only provides non-educational care for the child and who meets the standards and criteria above.

300.515(c)(3)

A person who otherwise qualifies to be a surrogate parent is not an employee of the school district solely because he or she is paid by the agency to serve as a surrogate parent.

300.515(d)

If a school district denies a foster parent the right to serve as a surrogate parent or parent, the school district must provide the foster parent with written notice of such denial within seven calendar days after the date on which the decision is made. The written notice shall:

TEC 29.015(c)

89.1047(d)

• Specify the reason(s) the foster parent is being denied the right to serve as the surrogate parent or parent. (The notice must specifically explain the interests of the foster parent that conflict with the interests of his/her child.)

89.1047(d)(1)

• Inform the foster parent of his/her right to file a complaint with the TEA.

89.1047(d)(2)