Sec. 263.004: Notice to Court Regarding Education Decision-Making

(a) Unless the rights and duties of the department under Section 153.371(10) to make decisions regarding the child’s education have been limited by court order, the department shall file with the court a report identifying the name and contact information for each person who has been:

(1) designated by the department to make educational decisions on behalf of the child; and

(2) assigned to serve as the child’s surrogate parent in accordance with 20 U.S.C. Section 1415(b) and Section 29.001(10), Education Code, for purposes of decision-making regarding special education services, if applicable.

(b) Not later than the fifth day after the date an adversary hearing under Section 262.201 or Section 262.205 is concluded, the report required by Subsection (a) shall be filed with the court and a copy shall be provided to:

(1) each person entitled to notice of a permanency hearing under Section 263.301; and

(2) the school the child attends.

(c) If a person other than a person identified in the report required by Subsection (a) is designated to make educational decisions or assigned to serve as a surrogate parent, the department shall file with the court an updated report that includes the information required by Subsection (a) for the designated or assigned person. The updated report must be filed not later than the fifth day after the date of designation or assignment.

Comments

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