Iowa Code r. 281-41.519 - Surrogate parents
(1)
General. Each public agency must ensure that the rights of a
child are protected when:
a. No parent as
defined in rule 281-41.30 (256B, 34CFR300 ) can
be identified;
b. The public
agency, after reasonable efforts, cannot locate a parent;
c. The child is a ward of the state under the
laws of the state; or
d. The child
is an unaccompanied homeless youth as defined in Section 725(6) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(6)).
(2)
Duties of public agency.
The duties of a public agency under subrule 41.519(1) include the assignment of
an individual to act as a surrogate for the parents. This must include a method
for determining whether a child needs a surrogate parent and for assigning a
surrogate parent to the child.
(3)
Wards of the state. In the case of a child who is a ward of
the state, the surrogate parent alternatively may be appointed by the judge
presiding in the child's case, provided that the surrogate meets the
requirements in subparagraph 41.519(4)"b" (1) and subrule
41.519(5).
(4)
Criteria for
selection of surrogate parents.
a.
The public agency may select a surrogate parent in any way permitted under
state law.
b. Public agencies must
ensure that a person selected as a surrogate parent:
(1) Is not an employee of the SEA, the LEA,
or any other public or private agency that is involved in the education or care
of the child;
(2) Has no personal
or professional interest that conflicts with the interest of the child the
surrogate parent represents; and
(3) Has knowledge and skills that ensure
adequate representation of the child.
(5)
Nonemployee requirement;
compensation. A person otherwise qualified to be a surrogate parent
under subrule 41.519(4) is not an employee of the agency solely because the
person is paid by the agency to serve as a surrogate parent.
(6)
Unaccompanied homeless
youth. In the case of a child 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 subparagraph 41.519(4)"b"
(1), until a surrogate parent can be appointed that meets all of the
requirements of subrule 41.519(4).
(7)
Surrogate parent
responsibilities. The surrogate parent may represent the child in all
matters relating to the identification, evaluation, and educational placement
of the child, and the provision of FAPE to the child.
(8)
Training of surrogate
parents. Training will be conducted as necessary by each AEA using a
training procedure approved by the department, which includes rights and
responsibilities of a surrogate parent, sample forms used by LEAs and AEAs,
specific needs of individuals with disabilities and resources for legal and
instructional technical assistance. The department will provide continuing
education and assistance to AEAs upon request.
(9)
SEA responsibility. The
department must make reasonable efforts to ensure the assignment of a surrogate
parent not more than 30 days after a public agency determines that the child
needs a surrogate parent.
Notes
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