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Title 34: Education
Subtitle B: Regulations of the Offices of the Department of Education (Continued)
CHAPTER III: OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 303: EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES
Subpart A: General
: Purpose, Eligibility, and Other General Provisions
303.19 - Parent.
(a) General. As used in this part, ?parent? means?
(1) A natural or adoptive parent of a child;
(2) A guardian;
(3) A person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare); or
(4) A surrogate parent who has been assigned in accordance with ? 303.406.
(b) Foster parent. Unless State law prohibits a foster parent from acting as a parent, a State may allow a foster parent to act as a parent under Part C of the Act if?
(1) The natural parents' authority to make the decisions required of parents under the Act has been extinguished under State law; and
(2) The foster parent?
(i) Has an ongoing, long-term parental relationship with the child;
(ii) Is willing to make the decisions required of parents under the Act; and
(iii) Has no interest that would conflict with the interests of the child.
(Authority: 20 U.S.C. 1401(19), 1431-1445)
[64 FR 12535, Mar. 12, 1999]
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