Parent”
“Parent” means:
1. Persons who meet the definition of “parent”:
a. A biological or adoptive parent of a child;
b. A foster parent, even if the biological or adoptive
parent’s rights have not been terminated, but subject to
subdivision 8 of this subsection;
c. A guardian generally authorized to act as the child’s
parent, or authorized to make educational decisions
for the child (but not a guardian ad litem, or the state if
the child is a ward of the state);
d. An individual acting in the place of a biological or
adoptive parent (including a grandparent, stepparent,
or other relative) with whom the child lives, or an
individual who is legally responsible for the child’s
welfare;
e. If no party qualified under subdivisions 1a through 1d
of this subsection can be identified, or those parties
are unwilling to act as parent, a surrogate parent who
has been appointed in accordance with requirements
or
f. A minor who is emancipated .
2. If a judicial decree or order identifies a specific person(s)
under subdivisions 1 a through 1 e of this subsection to act as
the “parent” of a child or to make educational decisions on
behalf of a child, then such person(s) shall be determined to
be the “parent” for purposes of this definition.
3. “Parent” does not include local or state agencies or their
agents, including local departments of social services, even if
the child is in the custody of such an agency.
4. The biological or adoptive parent, when attempting to act
as the parent under this chapter and when more than one
party is qualified under this section to act as a parent, shall
be presumed to be the parent for purposes of this section
unless the biological or adoptive parent(s)’ authority to
make educational decisions on the child’s behalf has been
extinguished pursuant to, or
16.1-283 of the Code of Virginia or a comparable law in
another state.
5. Noncustodial parents whose parental rights have not been
terminated are entitled to all parent rights and responsibilities
available under this chapter, including access to their child’s
records.
6. Custodial stepparents have the right to access the child’s
record. Noncustodial stepparents do not have the right to
access the child’s record.
7. A validly married minor who has not pursued emancipation
emancipation based on the minor’s marriage record and,
thus, assumes responsibilities of “parent” under this
chapter.
8. The local educational agency shall provide written notice to
the biological or adoptive parents at their last known address
that a foster parent is acting as the parent under this section,
and the local educational agency is entitled to rely upon the
actions of the foster parent under this section until such time
that the biological or adoptive parent attempts to act as the
parent. “Parent counseling and training” means assisting parents in
understanding the special needs of their child, providing parents
with information about child development, and helping parents
to acquire the necessary skills that will allow them to support the
implementation of their child’s IEP or IFSP
