Sec. 263.0025: Appointment of Surrogate Parent

(a) If a child in the temporary or permanent conservatorship of the department is eligible under Section 29.003, Education Code, to participate in a school district’s special education program, the court may, when necessary to ensure that the educational rights of the child are protected, appoint a surrogate parent who:

(1) is willing to serve in that capacity; and

(2) meets the requirements of 20 U.S.C. Section 1415(b) and Section 29.001(/autolink/gov.leg.tx.educ_code__29.001), Education Code.<__p>

(b) In appointing a surrogate parent for a child, the court shall give preferential consideration to a foster parent of the child as required under Section 29.015, Education Code.

(c) If the court does not appoint a child’s foster parent to serve as the child’s surrogate parent, the court shall give consideration to:

(1) a relative or other designated caregiver as defined by Section 264.751; or

(2) a court-appointed volunteer advocate who has been appointed to serve as the child’s guardian ad litem, as provided by Section 107.031(c).

(d) The following persons may not be appointed as a surrogate parent for the child:

(1) the department;

(2) the Texas Education Agency;

(3) a school or school district; or

(4) any other agency that is involved in the education or care of the child.


Added by Acts 2013, 83rd Leg., R.S., eff. September 1, 2013.