511 IAC 7-43-6 - Appointment of an educational representative
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 29-3
Sec. 6.
(a) Any
student eligible for special education and related services who has become
eighteen (18) years of age and has not had a guardian appointed under IC 29-3
may have an educational representative appointed to make educational decisions
on the student's behalf if the student:
(1)
requests in writing that an educational representative be appointed;
or
(2) is certified as unable to
provide informed consent under subsection (f).
(b) A student's parent must be appointed to
act as the educational representative under this section. If the parent is
unavailable, a person trained as an educational surrogate parent under
511 IAC 7-39-2 must be appointed
by the public agency to serve as the educational representative.
(c) An appointment of an educational
representative under this section may be made as early as sixty (60) calendar
days prior to the student's eighteenth birthday.
(d) The public agency is not responsible for
the cost of appointing an educational representative.
(e) A student who requests that an
educational representative be appointed under subsection (a)(1) may request, in
writing, that the appointment be revoked.
(f) For an educational representative to be
appointed under subsection (a)(2), two (2) persons described in subsection (g)
must, based on personal examination or interview, certify in writing that the
student is incapable of providing informed consent and that the student has
been informed of this decision. As used in this section, "incapable of
providing informed consent" means that the student is unable to do the
following:
(1) Understand on a continuing or
consistent basis the nature, extent, and probable consequences of a proposed
educational program or option.
(2)
Make a rational evaluation on a continuing or consistent basis of the benefits
or disadvantages of a proposed educational decision or program as compared with
the benefits or disadvantages of another proposed educational decision or
program.
(3) Communicate such
understanding in a meaningful way.
(g) Persons who certify in writing that a
student is incapable of providing informed consent must be one (1) of the
following:
(1) A physician with an unlimited
license.
(2) A licensed nurse
practitioner.
(3) A licensed
clinical psychologist.
(4) A
licensed psychologist.
(5) A
licensed school psychologist.
(6) A
licensed clinical social worker.
(h) Persons providing certification described
in subsection (f) cannot be related to the student.
(i) At least one (1) of the persons providing
certification described in subsection (f) cannot be employed by the public
agency serving the student.
Notes
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