---
kind: "section"
citation: "34 C.F.R. § 300.30"
title: "34"
number: "300.30"
heading: "Parent."
url: "https://uscodex.org/cfr/34/300.30"
---

# §300.30. Parent.

- (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](/cfr/34/300.519.md) or [section 639(a)(5)](/cfr/34/639.md?p=a-5) of the Act.
- (b)
  - (1) Except as provided in [paragraph (b)(2)](#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)](#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)](#a-1..a-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.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.