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2009 SESSION

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093392752
HOUSE BILL NO. 2537 Offered January 19, 2009 A BILL to amend the Code of Virginia by adding a section numbered 22.1-213.1, relating to the definition of a parent. ---------- Patron-- Toscano ---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-213.1 as follows:

§ 22.1-213.1. Definition of "parent" for purposes of special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.

A. "Parent," for purposes of special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child, means:

1. A biological or adoptive parent of a child;

2. A foster parent, even if the biological or adoptive parent's rights have not been terminated, but subject to subsection B;

3. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the Commonwealth 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 child lives, or an individual who is legally responsible for the child's welfare; or

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

B. The biological or adoptive parent, when attempting to act as the parent pursuant to this article and when more than one party is qualified under subsection A to act as a parent, must be presumed to be the parent for purposes of this section unless:

1. The biological or adoptive parent does not have legal authority to make educational decisions for the child under § 16.1-283, 16.1-277.01, or 16.1-277.02 or a comparable law in another state; or

2. Such a presumption would result in a delay of the special education identification, evaluation, or educational placement of a child or the provision of a free appropriate public education to the child.

C. If a judicial decree or order identifies a specific person or persons among subdivisions A 1 through A 5 to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of the special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.

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