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FEDERAL AND STATE REQUIREMENTS | |
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For an adult student, the local education agency (LEA) must comply with the ADULT STUDENT AND TRANSFER OF RIGHTS framework.
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For a child who is incarcerated in an adult or juvenile, state or local correctional institution, the LEA must comply with the CHILDREN WHO ARE INCARCERATED framework.
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The LEA must comply with the RECORDS frameworks as applicable.
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IDENTIFICATION OF PARENT
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REQUIREMENTS FOR FOSTER PARENT TO ACT AS PARENT
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A foster parent may act as a parent of a child with a disability if the following criteria are met:
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Not later than the fifth day after the date the child with a disability is enrolled in a school, the DFPS must inform the appropriate LEA if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this framework.
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The LEA must ensure that the foster parent has received a TRAINING PROGRAM FOR FOSTER AND SURROGATE PARENTS that complies with the requirements of this framework.
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Once an individual has completed a TRAINING PROGRAM FOR FOSTER AND SURROGATE PARENTS, the individual must not be required by any LEA to complete additional training in order to serve as the parent for the child or other children with disabilities who are in foster care.
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If the LEA denies a foster parent the right to serve as a parent, the LEA 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:
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APPOINTMENT OF A SURROGATE PARENT
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The appointment of a surrogate parent applies to children with disabilities for whom:
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The LEA must make reasonable efforts to appoint a surrogate parent not more than 30 days after there is a determination that the child needs a surrogate parent unless the judge overseeing the child's care appoints the surrogate parent.
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When a surrogate parent has not been appointed by the judge, the LEA must appoint a surrogate parent if:
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The LEA must ensure that a person appointed as a surrogate parent is not:
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The LEA must develop and implement procedures for conducting an analysis of whether a potential surrogate parent has an interest that conflicts with the interests of the child. Issues concerning quality of care of the child do not constitute a conflict of interest.
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The LEA may appoint a person who has been appointed to serve as the child's guardian ad litem or as a court-certified volunteer advocate, as the child's surrogate parent.
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The LEA must ensure that a surrogate parent appointed by the LEA:
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Once an individual has completed a TRAINING PROGRAM FOR FOSTER AND SURROGATE PARENTS, the individual must not be required by any LEA to complete additional training in order to serve as the surrogate parent for the child or other children with disabilities who are in foster care.
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CHILDREN WHO ARE HOMELESS OR IN SUBSTITUTE CARE
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For children who are homeless or in substitute care, the LEA must also provide notice to the child's educational decision-maker and caseworker regarding:
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COURT-APPOINTED SURROGATE PARENT FAILURE TO PERFORM DUTIES
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If a court appoints a surrogate parent for the child with a disability, and the LEA determines that the surrogate parent is not properly performing the duties listed under this framework, the LEA must consult with the DFPS regarding whether another person should be appointed to serve as the surrogate parent for the child.
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TRAINING PROGRAM FOR FOSTER AND SURROGATE PARENTS
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The required training program must provide foster and surrogate parents with an explanation of the provisions of federal and state laws, rules, and regulations relating to:
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The training program must be provided in the native language or other mode of communication used by the individual being trained.
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The required training may be conducted or provided by:
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