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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.

Discussion: The surrogate parent provisions in §303.422

are only relevant if a parent is unavailable. If a foster

parent meets the definition of parent in §303.27 there

would be no need for a surrogate parent to be assigned and

the consultation provision in §303.422(b)(2) would not

apply.

Changes: None.

Comment: A few commenters recommended adding language specifying that a surrogate parent cannot be a person involved in the education or care of the child.

Discussion: We agree that this additional language would provide useful clarification and have amended the

regulations to add language to §303.422(d)(2)(i) clarifying

that an employee of a public agency that provides education or care to a child or any family member of the child cannot be a surrogate parent.

Changes: We have amended §303.422(d)(2)(i) to expressly

prohibit any employee of the lead agency or any other public agency or EIS provider that provides early intervention services, education, care, or other services to a child or any family member of the child from serving as a surrogate parent for that child.

Comment: One commenter recommended adding language to

§303.422 to indicate that a lead agency may not remove a