The LEA must comply with the RECORDS frameworks as applicable.

IDENTIFICATION OF PARENT

• A biological or adoptive parent of a child;

• A foster parent of a child who meets the requirements set forth below;

• A guardian (but not the State if the child is a ward of the State);

• An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

• An individual assigned to be a surrogate parent.

A foster parent may serve as a parent of a child with a disability if the following criteria are met:

• The Department of Family and Protective Services (DFPS) is appointed as the temporary or permanent managing conservator of the child;

• The child has been placed with the foster parent for at least 60 days;

• The foster parent agrees to participate in making educational decisions on the child's behalf;

• The foster parent has no interest that conflicts with the child's interests; and

• The foster parent agrees to complete a training program for surrogate parents that complies with the training program requirements of this framework below.

The LEA should provide or arrange for the provision of the training program prior to assigning a foster parent to act as a parent but no later than 90 calendar days after assignment.

Unless appointed by the judge overseeing the child's care, the LEA must appoint a surrogate parent whenever:

• The parents of the child are not known;

• The LEA cannot, after reasonable efforts, locate the parents;

• The child is a ward of the State; or

• The child is an unaccompanied homeless youth.

The LEA must ensure that a person selected as a surrogate parent is not:

• An employee of the Texas Education Agency (TEA);

• An employee of the LEA;

• An employee of any other agency that is involved in the education or care of the child; or

• A person with a personal or professional interest that conflicts with the interest of the child the surrogate parent represents.

• Visit the child and the child's school;

• Consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;

• Review the child's educational records;

• Attend meetings of the child's ARD COMMITTEE;

• Exercise independent judgment in pursuing the child's interests; and

• Complete a training program within 90 days of assignment as a surrogate parent.

• The identification of a child with a disability (see CHILD FIND);

• The collection of evaluation and reevaluation data relating to a child with a disability (see FULL AND INDIVIDUAL EVALUATION frameworks);

• The ARD COMMITTEE process;

• The development of an individualized education program (IEP) and, for a child who is at least 16 years of age, TRANSITION SERVICES;

• The determination of LEAST RESTRICTIVE ENVIRONMENT;

• The implementation of an IEP (see ARD COMMITTEE frameworks);

• The procedural safeguards; and

• The sources that the surrogate parent may contact to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations relating to children with disabilities.