511 IAC 7-39-1 - Method for determining whether a student needs an educational surrogate parent
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) The
public agency must establish, maintain, and implement written procedures
regarding how the public agency determines a student is in need of an
educational surrogate parent.
(b)
The public agency shall protect the rights of a student by assigning an
educational surrogate parent under any of the following circumstances:
(1) When no parent, as defined in
511 IAC 7-32-70, can be
identified.
(2) When, after
reasonable efforts, the public agency cannot locate a parent.
(3) When the student is a ward of the state
under the laws of the state, unless as follows:
(A) The court order creating the wardship:
(i) permits the student to remain in the
home; or
(ii) expressly reserves to
a parent the authority to make decisions regarding the student's education or
upbringing.
(B) The
student is a ward of the department of correction who has a parent as defined
by 511 IAC 7-32-70.
(4) When the student is a homeless
student as defined in
511 IAC 7-32-46 who is not in the
physical custody of a parent or guardian.
(c) The public agency shall appoint an
educational surrogate parent, if needed:
(1)
at the time the student is referred for an initial educational evaluation;
and
(2) any time the public agency
determines that a student who has been identified as disabled under this
article is in need of an educational surrogate parent.
(d) The public agency must make reasonable
efforts to ensure the assignment of an educational surrogate parent not more
than thirty (30) calendar days after the public agency determines that a
student needs an educational surrogate parent.
(e) If a student is a ward of the state, the
educational surrogate parent may be appointed by the judge overseeing the
student's case, provided that the educational surrogate parent meets the
requirements of section 2(b)(1) and 2(d) of this rule.
Notes
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