| (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.
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