Tex. Educ. Code § 29.015 · Subchapter A. SPECIAL EDUCATION PROGRAM
SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm
- Text hash
- sha256 c36e17acdb8dfec0568f3cac4856496b191aaa469f6dc531959400a6d33d6e75
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 2 provisions
Provisions in this library whose text cites Tex. Educ. Code § 29.015. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.