19 T.A.C. §89.1047.  Procedures for Surrogate and Foster Parents.

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(b)  A foster parent may act as a parent of a child with a disability, in accordance with 34 CFR, §300.20, relating to the definition of parent, if he/she complies with the requirements of TEC, §29.015(b), relating to foster parents, including the completion of the training program described in subsection(a)(1) of this section.

(1)  The foster parent must complete the training program described in subsection (a)(1) of this section within 90 calendar days after the effective date of this rule or the date of initial assignment as the parent, whichever comes later. Once a foster parent has completed a training program conducted or provided by the PRS, 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. 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 training as described in subsection (a)(1) of this section from serving as the parent on the grounds that the individual has not been trained.

(2)  A school district shall provide, or arrange for the provision of, the training program described in subsection (a)(1) of this section, within 90 calendar days after the effective date of this rule for foster parents who are serving as parents as of the effective date of this rule. Thereafter, a school district should provide or arrange for the provision of the training program described in subsection (a)(1) prior to assigning a foster parent to act as a parent but no later than 90 calendar days after assignment.