34 C.F.R. § 300.30

Parent

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(a) Parent means—

(1) A biological or adoptive parent of a child;

(2) 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;

(3) 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);

(4) 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

(5) A surrogate parent who has been appointed in accordance with § 300.519 or section 639(a)(5) of the Act.

(b) (1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (4) of this section 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.

(Authority: 20 U.S.C. 1401(23))

Notes of Decisions

Cited in 20 cases (5 in the last 5 years), 2007–2026 · leading case: Q. T. v. Pottsgrove School District

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Q. T. v. Pottsgrove School District (2023) ca3 · cites it 3× “and his reading of 34 C.F.R. § 300.30 (b)(2). Following the decision of the Hearing Officer, Q.”

T.R. v. School District of Philadelphia (2016) paed · cites it 2× “All parents as defined by 34 C.F.R. § 300.30 (a) with limited English proficiency and whose children now or in the future are enrolled in the School District of Philadelphia and identified or eligible to be identified as children with a disability within the meaning of the IDEA…”

Fuentes v. Board of Educ. of City of New York (2008) ca2 · cites it 2× “*151 34 C.F.R. § 300.30 (b)(2006). Fuentes posits that these changes create a presumption that a biological parent retains a right to sue under the IDEA regardless of custodial status so long as the decree at issue does not restrict the biological parent’s rights with regard to…”

Bowman v. District of Columbia (2007) dcd · cites it 3× “§ 1401 (23), includes “guardian[s],” and a regulation issued by the Office of Special Education and Rehabilitative Services in the Department of Education, 4 34 C.F.R. § 300.30 , defines “parent” to include guardians “authorized to make educational decisions for the child.”

Orange County Department of Education v. California Department of Education (2011) ca9 · cites it 2× “The broad, 2007 version of section 56028 was designed to implement the new, expansive definition of parent under the 2006 federal regulation, 34 C.F.R. § 300.30 . See 2007 Cal. Legis.”

In re J.J. (2013) pasuperct “§§ 1401 (23) and 1415(b)(2); 34 C.F.R. §§ 300.30 , 300.45, and 300.519.”

Jalloh v. District of Columbia (2013) dcd “2 (referencing 34 C.F.R. § 300.30 (a)(4)). The undersigned likewise acknowledges the Grandmother as the "Parent” of D.”

In re C.S. (2014) mont · cites it 2× “34 CFR 300.30 ....” Admin. R. M. 10.16.3504(1).”

Orange County Department of Education v. California Department of Education (2011) ca9 · cites it 2× “14, 2006) (describing similar language in 34 C.F.R. § 300.30 (a)(3)). 8 Unfortunately, the relevant California legislative history does not clarify this issue.”

Office of the Child Advocate on behalf of Jane Doe v. Providence Public School Department (2026) rid · cites it 7× “§ 1401 (23)(A)-(C); 34 C.F.R. § 300.30 (a). B. OCA’s Basis for Standing Under the IDEA OCA claims standing under the IDEA because its statutory mandate functionally places it within the IDEA’s definition of a “parent.”

Orange Cty. Dept. of Educ. v. Cal. Dept. of Educ. (2011) ca9 · cites it 2× “The broad, 2007 version of section 56028 was designed to implement the new, expansive definition of parent under the 2006 federal regulation, 34 C.F.R. § 300.30 . See 2007 Cal. Legis.”

Smith ex rel. Smith v. Meeks (2016) ilnd “to make educational decisions on behalf of [the] child,” 34 C.F.R. § 300.30 (b). The Seventh Circuit has explained that a noncustodial parent may retain certain rights under the IDEA, depending on the nature of the custody arrangement as defined by state law and any applicable…”

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