[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR300.20]



[Page 15-16]

 

                           TITLE 34--EDUCATION

 

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 

                         DEPARTMENT OF EDUCATION

 

PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH 

DISABILITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  300.20  Parent.



    (a) General. As used in this part, the term parent means--

    (1) A natural or adoptive parent of a child;

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

State;

    (3) A person acting in the place of a parent (such as a grandparent 

or stepparent with whom the child lives, or a



[[Page 16]]



person who is legally responsible for the child's welfare); or

    (4) A surrogate parent who has been appointed in accordance with 

Sec.  300.515.

    (b) Foster parent. Unless State law prohibits a foster parent from 

acting as a parent, a State may allow a foster parent to act as a parent 

under Part B of the Act if--

    (1) The natural parents' authority to make educational decisions on 

the child's behalf has been extinguished under State law; and

    (2) The foster parent--

    (i) Has an ongoing, long-term parental relationship with the child;

    (ii) Is willing to make the educational decisions required of 

parents under the Act; and

    (iii) Has no interest that would conflict with the interests of the 

child.



(Authority: 20 U.S.C. 1401(19))