§8-60-73 - Surrogate parents.

§8-60-73 Surrogate parents. (a) General. The department shall ensure that the rights of a student are protected when:

(1) No parent (as defined in section 8-60-2 can be identified;

(2) The department, after reasonable efforts, cannot locate a parent;

(3) The student is a ward of the State under the laws of that State; or

(4) The student is an unaccompanied homeless youth as defined in section 725(6) of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

(b) Duties of the department. The duties of the department under subsection (a) include the assignment of an individual to act as a surrogate for the parents. This shall include a method:

(1) For determining whether a student needs a surrogate parent; and

(2) For assigning a surrogate parent to the student.

(c) Wards of the State. In the case of a student who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the student's case, provided that the surrogate meets the requirements in subsections (d)(2)(A) and (e).

(d) Criteria for selection of surrogate parents. (1) The department may select a surrogate parent in any way permitted under State law.

(2) The department shall ensure that a person selected as a surrogate parent:

(A) Is not an employee of the department or any other agency that is involved in the education or care of the student;

(B) Has no personal or professional interest that conflicts with the interest of the student the surrogate parent represents; and

(C) Has knowledge and skills that ensure adequate representation of the student.

(e) Non-employee requirement; compensation. A person otherwise qualified to be a surrogate parent under subsection (d) is not an employee of the department solely because he or she is paid by the department to serve as a surrogate parent.

(f) Unaccompanied homeless youth. In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to subsection (d)(2)(A), until a surrogate parent can be appointed that meets all of the requirements of subsection (d).

(g) Surrogate parent responsibilities. The surrogate parent may represent the student in all matters relating to:

(1) The identification, evaluation, and educational placement of the student; and

(2) The provision of a FAPE to the student.

(h) Department responsibility. The department shall make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after the department determines that the student needs a surrogate parent.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(b)(2), HRS §302A-1112) (Imp: 34 C.F.R. §300.519)


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