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

(a)  An individual assigned to act as a surrogate parent for a student with a disability, in accordance with 34 Code of Federal Regulations (CFR), §300.515, relating to surrogate parents, must comply with the requirements specified in Texas Education Code (TEC), §29.001(10).

(1)  Pursuant to TEC, §29.001(10)(A), an individual assigned to act as a surrogate parent must complete a training program in which the individual is provided with an explanation of the provisions of federal and state laws, rules, and regulations relating to:

(A)  the identification of a student with a disability;

(B)  the collection of evaluation and re-evaluation data relating to a student with a disability;

(C)  the admission, review, and dismissal (ARD) committee process;

(D)  the development of an individualized education program (IEP) and, for a student who is at least 16 years of age, an individual transition plan (ITP);

(E)  the determination of least restrictive environment;

(F)  the implementation of an IEP;

(G)  the procedural rights and safeguards available under 34 CFR, §§300.403, 300.500-300.529, 300.560-300.577, and 300.660-300.662, relating to the issues described in 34 CFR, §300.504(b); and

(H)  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.

(2)  The training program described in subsection (a)(1) of this section must be provided in the native language or other mode of communication used by the individual who is to serve as a surrogate parent.

(3)  The individual assigned to act as a surrogate 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 a surrogate parent, whichever comes later. Once an individual has completed a training program conducted or provided by or through the Texas Department of Protective and Regulatory Services (PRS), a school district, an education service center, or any entity that receives federal funds to provide Individuals with Disabilities Education Act (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. 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 training as described in subsection (a)(1) of this section from serving as a surrogate parent on the grounds that the individual has not been trained.

(4)  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 individuals serving as surrogate 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 an individual to act as a surrogate parent but no later than 90 calendar days after assignment.

(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.

(c)  Each school 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 PRS.

(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:

(1)  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); and

(2)  inform the foster parent of his/her right to file a complaint with the Texas Education Agency in accordance with 34 CFR, §§300.660–300.662, relating to complaint procedures.