Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
public agency shall establish, maintain, and implement written procedures
regarding the assignment of educational surrogate parents that include the
(1) A system for determining the
eligibility of individuals to serve as educational surrogate parents.
(2) A system to assign educational surrogate
agency must ensure that a person assigned as an educational surrogate parent:
(1) is not employed by the department of
education, a public agency, or any other agency involved in the education or
care of the student;
(2) has no
personal or professional interest that conflicts with the interests of the
student whom the educational surrogate parent represents;
(3) matches the student's cultural and
linguistic background to the extent possible; and
(4) has knowledge and skills that ensure
adequate representation of the student.
(c) An individual who otherwise qualifies to
be an educational surrogate parent under subsection (b) is not an employee of
the public agency solely because the individual may be paid by the agency to
serve as an educational surrogate parent.
In the case of a homeless student as
, who is not in the physical custody of a
parent or guardian, appropriate staff of:
independent living programs; and
(4) street outreach programs; may be
appointed as temporary educational surrogate parents without regard to
subsection (b)(1) until a nontemporary educational surrogate parent can be
appointed that meets all of the requirements of subsection (b).
An educational surrogate
parent may represent the student in all matters relating to the following:
(2) Evaluation and eligibility.
(4) Provision of a free appropriate public
educational surrogate parent's representation of a student includes the
(1) Participating in case
conferences or other parent-teacher conferences.
(2) Granting or denying written consent for
evaluation or services.
Accessing and reviewing the student's educational record.
(4) Requesting mediation, a due process
hearing, or filing a complaint.
Exercising on behalf of the student any other rights that a parent may exercise
under this article.
An individual assigned as an educational surrogate parent shall not be liable
for damages arising out of any civil action initiated as a result of the
individual's discharge of this duty.
When a student attends an educational
program outside the school corporation of legal settlement and is in need of an
educational surrogate parent, the corporation of legal settlement is
responsible to ensure an educational surrogate parent is assigned.
The educational surrogate parent may be from the:
(1) school corporation of legal settlement;
(2) geographic area where the
educational program is located; as agreed upon by the administrators of both
The public agency shall keep a list of educational surrogate parents from which
it makes its assignments. The list shall include the:
(1) qualifications of; and
(2) number of assignments for; each
educational surrogate parent.