Texas Family Code

Sec. § 263.0025
Special Education Decision-making for Children in Foster Care


(a)

In this section, “child” means a child in the temporary or permanent managing conservatorship of the department who is eligible under Section 29.003 (Eligibility Criteria), Education Code, to participate in a school district’s special education program.

(a-1)

A foster parent for a child may act as a parent for the child, as authorized under 20 U.S.C. Section 1415(b), if:

(1)

the rights and duties of the department to make decisions regarding the child’s education under Section 153.371 (Rights and Duties of Nonparent Appointed As Sole Managing Conservator) have not been limited by court order; and

(2)

the foster parent agrees to the requirements of Sections 29.015 (Special Education Decision-making for Children in Foster Care)(a)(3) and (b), Education Code.

(a-2)

Sections 29.015 (Special Education Decision-making for Children in Foster Care)(b-1), (c), and (d), Education Code, apply to a foster parent who acts or desires to act as a parent for a child for the purpose of making special education decisions.

(b)

To ensure the educational rights of a child are protected in the special education process, the court may appoint a surrogate parent for the child if:

(1)

the child’s school district is unable to identify or locate a parent for the child; or

(2)

the foster parent of the child is unwilling or unable to serve as a parent for the purposes of this subchapter.

(c)

Except as provided by Subsection (d), the court may appoint a person to serve as a child’s surrogate parent if the person:

(1)

is willing to serve in that capacity; and

(2)

meets the requirements of 20 U.S.C. Section 1415(b).

(d)

The following persons may not be appointed as a surrogate parent for the child:

(1)

an employee of the department;

(2)

an employee of the Texas Education Agency;

(3)

an employee of a school or school district; or

(4)

an employee of any other agency that is involved in the education or care of the child.

(e)

The court may appoint a child’s guardian ad litem or court-certified volunteer advocate, as provided by Section 107.031 (Volunteer Advocates)(c), as the child’s surrogate parent.

(f)

In appointing a person to serve as the surrogate parent for a child, the court may consider the person’s ability to meet the qualifications listed under Sections 29.0151 (Appointment of Surrogate Parent for Certain Children)(d)(2)-(8), Education Code.

(g)

If the court prescribes training for a person who is appointed as the surrogate parent for a child, the training program must comply with the minimum standards for training established by rule by the Texas Education Agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 4, eff. September 1, 2017.
Source

Last accessed
Jun. 7, 2021