2.46.1 The term parent means -

2.46.1.1 A biological or adoptive parent of a child;

2.46.1.2 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;

2.46.1.3 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);

2.46.1.4 An individual acting in the place of a biological or adoptive parent (including a grandparent or stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

2.46.1.5 A surrogate parent who has been appointed in accordance with 34 CFR 300.519 and § 15.00 of these regulations.

2.46.2 Except as provided in 2.46.3 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 2.46.1 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.

2.46.3 If a judicial decree or order identifies a specific person or persons under 2.46.1 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.