Section 281.41.30. Parent.

       41.30(1) General. “Parent” means:

        a.           A biological or adoptive parent of a child;

        b.           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;

        c.           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;

        d.           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

        e.           A surrogate parent who has been appointed in accordance with rule 281— 41.519(256B,34CFR300) or 20 U.S.C. 1439(a)(5).

       41.30(2) Rules of construction and application. The following rules are to be used to determine whether a party qualifies as a parent:

        a.           Except as provided in 41.30(2)“b,” the biological or adoptive parent, when attempting to act as the parent under this chapter and when more than one party is qualified to act as a parent under this chapter, must be presumed to be the parent for purposes of this rule unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

        b.           If a judicial decree or order identifies a specific person or persons under paragraphs “a” to “d” of subrule 41.30(1) 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 rule.

        c.           “Parent” does not include a public or private agency involved in the education or care of a child or an employee or contractor with any public or private agency involved in the education or care of the child in that employee’s or contractor’s official capacity.