NC Education Code · NC Policy Manual

NC 1500-2.27 Parent

Plain English summary

This regulation defines who qualifies as a 'parent' for purposes of educational decision-making under NC special education rules, including biological, adoptive, foster parents, guardians, relatives acting in a parental role, and surrogate parents. It establishes a presumption that biological or adoptive parents hold priority when multiple parties qualify, unless a court order specifies otherwise or they lack legal authority to make educational decisions. Judicial decrees override the default presumption by designating a specific individual as the parent.

Key requirements

  • A biological or adoptive parent of a child qualifies as a parent.
  • A foster parent qualifies unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent.
  • A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State), qualifies as a parent.
  • 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, qualifies as a parent.
  • A surrogate parent who has been appointed in accordance with §300.519 or section 639(a)(5) of the Act qualifies as a parent.
  • The biological or adoptive parent, when more than one party is qualified to act as a parent, must be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
  • If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (4) 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 this section.

Affected parties

  • biological parents
  • adoptive parents
  • foster parents
  • legal guardians
  • grandparents and other relatives acting in parental role
  • stepparents
  • surrogate parents
  • children with disabilities
  • local education agencies
  • courts and judicial entities

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=16