{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-213.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-213.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-213.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-213.1.html"}],"law_id":72577,"edition_id":1,"section_id":72577,"structure_id":15147,"section_number":"22.1-213.1","catch_line":"Definition of “parent.”","history":"2009, c. 119.","full_text":"A\n\n“Parent,” for purposes of this article and regulations promulgated thereto, means:1\n\nA biological or adoptive parent of a child;2\n\nA foster parent, even if the biological or adoptive parent’s rights have not been terminated, but subject to subsection B;3\n\nA guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the Commonwealth if the child is a ward of the Commonwealth);4\n\nAn individual acting in the place of a biological or adoptive parent (including grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or5\n\nIf no party qualified under subdivisions 1 through 4 can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with 8VAC20-81-220.B\n\nThe biological or adoptive parent, when attempting to act as the parent pursuant to this section and when more than one party is qualified under subsection A to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01, 16.1-277.02, or 16.1-283 or a comparable law in another state.C\n\nThe local school division shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent pursuant to this section until such time that the biological or adoptive parent attempts to act as the parent.D\n\nIf a judicial decree or order identifies a specific person or persons among subdivisions A 1 through A 5 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 the special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.E\n\nThe Board of Education shall revise the regulations governing the provision of special education services in accordance with this section.","order_by":null,"text":{"0":{"id":261313,"text":"“Parent,” for purposes of this article and regulations promulgated thereto, means:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":261314,"text":"A biological or adoptive parent of a child;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":261315,"text":"A foster parent, even if the biological or adoptive parent’s rights have not been terminated, but subject to subsection B;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":261316,"text":"A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the Commonwealth if the child is a ward of the Commonwealth);","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":261317,"text":"An individual acting in the place of a biological or adoptive parent (including grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":261318,"text":"If no party qualified under subdivisions 1 through 4 can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with 8VAC20-81-220.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":261319,"text":"The biological or adoptive parent, when attempting to act as the parent pursuant to this section and when more than one party is qualified under subsection A to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01, 16.1-277.02, or 16.1-283 or a comparable law in another state.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":261320,"text":"The local school division shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent pursuant to this section until such time that the biological or adoptive parent attempts to act as the parent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":261321,"text":"If a judicial decree or order identifies a specific person or persons among subdivisions A 1 through A 5 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 the special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":261322,"text":"The Board of Education shall revise the regulations governing the provision of special education services in accordance with this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15147,"edition_id":1,"name":"Special Education","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12954,"metadata":{},"date_created":"2026-06-26 03:52:32","date_modified":"2026-06-26 03:52:32","permalink":{"id":181827,"object_type":"structure","relational_id":15147,"identifier":"2","token":"22.1\/13\/2","url":"\/22.1\/13\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12954,"edition_id":1,"name":"Programs, Courses of Instruction and Textbooks","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":181369,"object_type":"structure","relational_id":12954,"identifier":"13","token":"22.1\/13","url":"\/22.1\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86043,"structure_id":15147,"section_number":"22.1-213","catch_line":"Definitions","url":"\/22.1-213\/","token":"22.1\/13\/2\/22.1-213","metadata":false},{"id":72577,"structure_id":15147,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","url":"\/22.1-213.1\/","token":"22.1\/13\/2\/22.1-213.1","metadata":false},{"id":82042,"structure_id":15147,"section_number":"22.1-214","catch_line":"Board to prepare special education program for children with disabilities","url":"\/22.1-214\/","token":"22.1\/13\/2\/22.1-214","metadata":false},{"id":84589,"structure_id":15147,"section_number":"22.1-214.1","catch_line":"Issuance of subpoenas by hearing officers","url":"\/22.1-214.1\/","token":"22.1\/13\/2\/22.1-214.1","metadata":false},{"id":76983,"structure_id":15147,"section_number":"22.1-214.2","catch_line":"Definition of \"supervise\" as related to educational programs provided for or by Department of Behavioral Health and Developmental Services","url":"\/22.1-214.2\/","token":"22.1\/13\/2\/22.1-214.2","metadata":false},{"id":75557,"structure_id":15147,"section_number":"22.1-214.3","catch_line":"Department to develop certain curriculum guidelines; Board to approve","url":"\/22.1-214.3\/","token":"22.1\/13\/2\/22.1-214.3","metadata":false},{"id":81597,"structure_id":15147,"section_number":"22.1-214.4","catch_line":"Certain duties of Department","url":"\/22.1-214.4\/","token":"22.1\/13\/2\/22.1-214.4","metadata":false},{"id":69592,"structure_id":15147,"section_number":"22.1-214.5","catch_line":"Special education family support centers","url":"\/22.1-214.5\/","token":"22.1\/13\/2\/22.1-214.5","metadata":false},{"id":64302,"structure_id":15147,"section_number":"22.1-215","catch_line":"School divisions to provide special education; plan to be submitted to Board","url":"\/22.1-215\/","token":"22.1\/13\/2\/22.1-215","metadata":false},{"id":64419,"structure_id":15147,"section_number":"22.1-215.1","catch_line":"Information regarding procedures and rights relating to special education placement and withdrawal","url":"\/22.1-215.1\/","token":"22.1\/13\/2\/22.1-215.1","metadata":false},{"id":68219,"structure_id":15147,"section_number":"22.1-215.2","catch_line":"Parental notification; 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This law was first created in 2009. The record of its establishment is cataloged in chapter 119<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":68111,"section_number":"32.1-162.15:1.1","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/32.1-162.15_1.1\/"}],"refers_to":[{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"}],"permalink":{"id":181833,"object_type":"law","relational_id":72577,"identifier":"22.1-213.1","token":"22.1\/13\/2\/22.1-213.1","url":"\/22.1-213.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-213.1\/","token":"22.1\/13\/2\/22.1-213.1","dublin_core":{"Title":"Definition of “parent.”","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-213.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> “Parent<\/span>,” for purposes of this article and regulations promulgated thereto, means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A biological or adoptive parent<\/span> of a child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A foster parent<\/span>, even if the biological or adoptive parent<\/span>’s rights have not been terminated, but subject to subsection B; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A guardian generally authorized to act as the child’s parent<\/span>, or authorized to make educational decisions for the child (but not the Commonwealth if the child is a ward of the Commonwealth); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An individual acting in the place of a biological or adoptive parent<\/span> (including grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If no party<\/span> qualified under subdivisions 1 through 4 can be identified, or those parties are unwilling to act as parent<\/span>, a surrogate parent<\/span> who has been appointed in accordance with 8VAC20-81-220. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The biological or adoptive parent<\/span>, when attempting to act as the parent<\/span> pursuant to this section and when more than one party<\/span> is qualified under subsection A to act as a parent<\/span>, must be presumed to be the parent<\/span> for purposes of this section unless the biological or adoptive parent<\/span> has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01<\/a>, 16.1-277.02<\/a>, or 16.1-283<\/a> or a comparable law<\/span> in another state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The local school division shall provide written notice to the biological or adoptive parents<\/span><\/span> at their last known address that a foster parent<\/span> is acting as the parent<\/span> pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent<\/span> pursuant to this section until such time that the biological or adoptive parent<\/span> attempts to act as the parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a judicial decree<\/span> or order<\/span> identifies a specific person or persons among subdivisions A 1 through A 5 to act as the “parent<\/span>” 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<\/span>” for purposes of the special education<\/span> identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> of Education shall revise the regulations governing the provision of special education<\/span> services in accordance with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITION OF “PARENT.” (\u00a7 22.1-213.1)\n\nA. “Parent,” for purposes of this article and regulations\npromulgated thereto, means:\n\n 1. A biological or adoptive parent of a child;\n\n 2. A foster parent, even if the biological or adoptive parent’s rights\n have not been terminated, but subject to subsection B;\n\n 3. A guardian generally authorized to act as the child’s parent, or\n authorized to make educational decisions for the child (but not the\n Commonwealth if the child is a ward of the Commonwealth);\n\n 4. An individual acting in the place of a biological or adoptive parent\n (including grandparent, stepparent, or other relative) with whom the child\n lives, or an individual who is legally responsible for the child’s\n welfare; or\n\n 5. If no party qualified under subdivisions 1 through 4 can be identified, or\n those parties are unwilling to act as parent, a surrogate parent who has been\n appointed in accordance with 8VAC20-81-220.\n\nB. The biological or adoptive parent, when attempting to act as the parent\npursuant to this section and when more than one party is qualified under\nsubsection A to act as a parent, must be presumed to be the parent for purposes\nof this section unless the biological or adoptive parent has had their residual\nparental rights and responsibilities terminated pursuant to § 16.1-277.01,\n16.1-277.02, or 16.1-283 or a comparable law in another state.\n\nC. The local school division shall provide written notice to the biological or\nadoptive parents at their last known address that a foster parent is acting as\nthe parent pursuant to this section, and the local school division is entitled\nto rely upon the actions of the foster parent pursuant to this section until\nsuch time that the biological or adoptive parent attempts to act as the parent.\n\nD. If a judicial decree or order identifies a specific person or persons among\nsubdivisions A 1 through A 5 to act as the “parent” of a child or to\nmake educational decisions on behalf of a child, then such person or persons\nshall be determined to be the “parent” for purposes of the special\neducation identification, evaluation, and placement of a child and the provision\nof a free appropriate public education to a child.\n\nE. The Board of Education shall revise the regulations governing the provision\nof special education services in accordance with this section.\n\nHISTORY: 2009, c. 119.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}