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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

commenters noted that, in these situations, it is to the child's advantage to have relevant information given to the caregiver and the agency responsible for the child.

Discussion: The definition of parent in §303.27 includes a

biological or adoptive parent of a child; a foster parent, 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 early

intervention, educational, health, or developmental decisions for the child (but not the State if the child is

a ward of the State); 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; or a surrogate parent who has been appointed in

accordance with §303.422 or section 639(a)(5) of the Act.

For a child in foster care who has a foster parent

that meets the definition of a parent in §303.27, the

child’s foster parent must be notified, pursuant to

§303.421 and new §303.320(a)(2)(ii) (proposed §303.303(a)

(3)), if the child is screened and not suspected of having a disability.

For a child who is a ward of the State (which includes