Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:
(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;
(2) the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371, Family Code, have not been limited by court order; and
(3) the foster parent agrees to:
(A) participate in making special education decisions on the child's behalf; and
(B) complete a training program that complies with minimum standards established by agency rule.
(b) A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.
(b-1) A school district may not require a foster parent to retake a training program to continue serving as a child's parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:
(1) the Department of Family and Protective Services;
(2) a school district;
(3) an education service center; or
(4) any other entity that receives federal funds to provide special education training to parents.
(c) A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.
(d) Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Subtitle F - Curriculum, Programs, and Services
Chapter 29 - Educational Programs
Subchapter A. Special Education Program
Section 29.001. Statewide Plan
Section 29.0011. Prohibited Performance Indicator
Section 29.003. Eligibility Criteria
Section 29.004. Full Individual and Initial Evaluation
Section 29.0041. Information and Consent for Certain Psychological Examinations or Tests
Section 29.005. Individualized Education Program
Section 29.0052. Individualized Education Program Supplement
Section 29.006. Continuing Advisory Committee
Section 29.008. Contracts for Services; Residential Placement
Section 29.009. Public Notice Concerning Preschool Programs for Students With Disabilities
Section 29.011. Transition Planning
Section 29.0111. Beginning of Transition Planning
Section 29.0112. Transition and Employment Guide
Section 29.012. Residential Facilities
Section 29.015. Special Education Decision-Making for Children in Foster Care
Section 29.0151. Appointment of Surrogate Parent for Certain Children
Section 29.016. Evaluation Conducted Pursuant to a Special Education Due Process Hearing
Section 29.0162. Representation in Special Education Due Process Hearing
Section 29.0163. Protection of the Rights of Military Families With Children With Disabilities
Section 29.017. Transfer of Parental Rights at Age of Majority
Section 29.018. Special Education Grant
Section 29.019. Individualized Education Program Facilitation
Section 29.020. Individualized Education Program Facilitation Project
Section 29.022. Video Surveillance of Special Education Settings
Section 29.023. Notice of Rights
Section 29.026. Grant Program Providing Services to Students With Autism
Section 29.027. Grant Program Providing Training in Dyslexia for Teachers and Staff