Current through Reg. 49, No. 38; September 20, 2024
(a) A foster parent
may act as a parent of a child with a disability, in accordance with 34 Code of
Federal Regulations (CFR), §300.30, relating to the definition of parent,
if requirements of Texas Education Code (TEC), §
29.015(a),
are met, including the completion of the training program described in
subsection (c)(1) of this section.
(1) For a
foster parent to serve as a student's parent, a school district must ensure
that the foster parent has received training described in subsection (c)(1) of
this section. The foster parent must complete the training program before the
student's next scheduled admission, review, and dismissal (ARD) committee
meeting, but not later than the 90th day after the foster parent begins acting
as the parent for the purpose of making special education decisions.
(2) The training program can be conducted or
provided by the Texas Department of Family and Protective Services (TDFPS), 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. Once an individual has completed the training, the
individual may not be required by any school district to complete additional
training in order to serve as the parent or the surrogate parent for the
student or other students with disabilities who are in foster care. School
districts may provide optional ongoing or supplemental training.
(b) If a school district denies a
foster parent the right to serve as a 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 must:
(1) specifically explain why the foster
parent is being denied the right to serve as the student's parent;
and
(2) inform the foster parent of
his or her right to file a complaint with the Texas Education Agency in
accordance with 34 CFR, §§ 300.151-300.153, relating to special
education complaint procedures.
(c) Except as provided by Texas Family Code,
§
263.0025,
which authorizes a court to appoint a surrogate parent, if a district cannot
locate or identify a parent, if the foster parent is unwilling or unable to
serve as a parent, or if the student does not reside in a foster home setting,
the school district must assign a surrogate parent to make special education
decisions on behalf of the student. An individual assigned by a school district
to act as a surrogate parent for a student with a disability, in accordance
with
34 CFR, §
300.519, and TEC, §
29.0151,
relating to surrogate parents, must comply with the requirements specified in
TEC, §
29.001(10).
(1) Pursuant to TEC, §
29.001(10)(A),
a foster parent serving as a parent or an individual assigned by a school
district 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 ARD committee
process;
(D) the development of an
individualized education program (IEP), including the consideration of
transition services for a student who is at least 14 years of age;
(E) the determination of least restrictive
environment;
(F) the implementation
of an IEP;
(G) the procedural
rights and safeguards available under
34 CFR,
§§
300.148, 300.151-300.153,
300.229,
300.300,
300.500-300.520, 300.530-300.537, and 300.610-300.627, relating to the issues
described in
34 CFR, §
300.504(c);
(H) where to obtain assistance in
understanding the provisions of federal and state laws, rules, and regulations
relating to students with disabilities; and
(I) the duties and responsibilities of
surrogate parents as required under TEC, §
29.0151(d).
(2) The training program described
in subsection (c)(1) of this section must be provided in the native language or
other mode of communication used by the individual being trained.
(3) To serve as a student's surrogate parent,
a school district must ensure that the surrogate parent has received training
described in subsection (c)(1) of this section. The individual assigned by a
school district to act as a surrogate parent must complete the training program
before the student's next scheduled ARD committee meeting but not later than
the 90th day after the date of initial assignment as a surrogate
parent.
(4) The training program
can be conducted or provided by the TDFPS, a school district, an education
service center, or any entity that receives federal funds to provide IDEA
training to parents. Once an individual has completed the training, the
individual may not be required by any school district to complete additional
training in order to serve as the surrogate parent or the parent for the
student or other students with disabilities who are in foster care. School
districts may provide optional ongoing or supplemental training.
(d) A surrogate parent appointed
by a school district may not be an employee of the Texas Education Agency, the
school district, or any other agency involved in the education or care of the
child and may not have any interest that conflicts with the interests of the
child. Each school district or shared services arrangement must develop and
implement procedures for conducting an analysis of whether a potential
surrogate parent has an interest that conflicts with the interests of his or
her child. 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
TDFPS.
(e) If a court appoints a
surrogate parent for a child with a disability under Texas Family Code, §
263.0025,
and the school district determines that the surrogate parent is failing to
perform or is not properly performing the duties listed under TEC, §
29.0151(d),
the district must consult with TDFPS and appoint another person to serve as the
surrogate parent for the child.
