Texas Family Code
§ 263.0025 — SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE
FA § 263.0025Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES · Art. A. GENERAL PROVISIONS
Statute text
View on source(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, 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 have not been limited by court order; and
(2)the foster parent agrees to the requirements of Sections 29.015(a)(3) and (b), Education Code. (a-2) Sections 29.015(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.
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 4, eff. September 1, 2017.