Either at the adversary hearing or no later than five days following the adversary hearing, DFPS must provide the court with:

  •   the name and contact information for each person that DFPS designates to make educational decisions on behalf of the child; and

  •   the name of any person who has been assigned by a school or the court to serve as the child’s surrogate parent for purposes of making decisions regarding special education services, if applicable.

Texas Family Code, §263.004External Link

The caseworker must file a completed Form 2085-EPDF Document Education Decision-Maker at the adversary hearing with the required information.

The caseworker must file an updated form with the court any time:

  •   a new person is designated as the person who can make educational decisions;

  •   a new person is designated as the surrogate parent;

  •   a surrogate parent is appointed for the first time.

The caseworker must file the updated form no later than the fifth day after the person is designated or assigned.

Exceptions to the Requirement

The only exception to the requirement to designate an educational decision-maker is if the court order limits DFPS’s authority to make education decisions on behalf of the child, and therefore DFPS has no such authority to delegate.

If a caseworker thinks there may be an exception to the requirement, the caseworker must consult with the attorney representing DFPS immediately.

Texas Family Code, §263.004External Link

Special Education Decision-Making

A foster parent is authorized to act as a “parent” for a foster child with a disability in making special education eligibility and service decisions immediately after the child is placed and is not required to be appointed as a “surrogate parent” by the school or the court to fulfill that role. The foster parent must receive training no later than 90 days after placement and must agree to other requirements.

Texas Family Code §263.0025 (a-1)External Link

Texas Education Code §§29.015(a) and (b)External Link

The caseworker must inform the appropriate school district if the child’s foster parent is unwilling or unable to serve as a parent for special education decision-making not later than the fifth day after the date a child with a disability in enrolled in school.

Texas Education Code §29.015 (d)External Link

The school district must appoint an individual to serve as the surrogate parent for the child if the foster parent is unwilling or unable to serve as the parent for special education decision-making. The court may also appoint a surrogate parent if certain conditions are met.

Texas Education Code §29.0151 (b)(2)External Link

Texas Family Code §263.0025(b)External Link

If the court appoints a surrogate parent and the school district notifies DFPS that the surrogate is failing to properly perform the required duties, DFPS must promptly notify the court. The school must consult with DFPS and the school must appoint another person to serve as the surrogate parent for the child. 

Texas Education Code §§29.0151(f) and (g)External Link