Virginia Code 22.1-213.1: Definition of “parent.”.
A. “Parent,” for purposes of this article and regulations promulgated thereto, means:
Terms Used In Virginia Code 22.1-213.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Special education: means specially designed instruction at no cost to the parent to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education. See Virginia Code 22.1-213
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
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 through 4 can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with 8VAC20-81-220.
B. The biological or adoptive parent, when attempting to act as the parent pursuant to this section 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 the biological or adoptive parent has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01, 16.1-277.02, or 16.1-283 or a comparable law in another state.
C. The local school division shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent pursuant to this section until such time that the biological or adoptive parent attempts to act as the parent.
D. 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.
E. The Board of Education shall revise the regulations governing the provision of special education services in accordance with this section.
2009, c. 119.