22.1-213.1 - Definition of "parent.". - Virginia Statutes

§ 22.1-213.1. Definition of "parent.".

A. "Parent," for purposes of this article and regulations promulgatedthereto, means:

1. A biological or adoptive parent of a child;

2. A foster parent, even if the biological or adoptive parent's rights havenot been terminated, but subject to subsection B;

3. A guardian generally authorized to act as the child's parent, orauthorized to make educational decisions for the child (but not theCommonwealth if the child is a ward of the Commonwealth);

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

5. If no party qualified under subdivisions 1 through 4 can be identified, orthose parties are unwilling to act as parent, a surrogate parent who has beenappointed in accordance with 8 VAC 20-80-80.

B. The biological or adoptive parent, when attempting to act as the parentpursuant to this section and when more than one party is qualified undersubsection A to act as a parent, must be presumed to be the parent forpurposes of this section unless the biological or adoptive parent has hadtheir residual parental rights and responsibilities terminated pursuant to §16.1-277.01, 16.1-277.02, or 16.1-283 or a comparable law in another state.

C. The local school division shall provide written notice to the biologicalor adoptive parents at their last known address that a foster parent isacting as the parent pursuant to this section, and the local school divisionis entitled to rely upon the actions of the foster parent pursuant to thissection until such time that the biological or adoptive parent attempts toact as the parent.

D. If a judicial decree or order identifies a specific person or personsamong subdivisions A 1 through A 5 to act as the "parent" of a child or tomake educational decisions on behalf of a child, then such person or personsshall be determined to be the "parent" for purposes of the specialeducation identification, evaluation, and placement of a child and theprovision of a free appropriate public education to a child.

E. The Board of Education shall revise the regulations governing theprovision of special education services in accordance with this section.

(2009, c. 119.)