B. If a public education agency notifies the department that the child requires an initial evaluation for special education and related services and the parent identified pursuant to subsection A of this section cannot be located or does not attempt to participate, the department shall promptly notify the public education agency of a parent, as defined in 34 Code of Federal Regulations section 300.30, who can consent to or refuse the initial evaluation in accordance with 20 United States Code section 1414.
C. When the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent for the purposes of this section.