Kan. Admin. Regs. § 91-40-24 - Educational advocates
(a)
(1) Before taking any special education
action in regard to any child, an agency shall attempt to identify the parents
of the child and the parents' current whereabouts.
(2) If the parental rights of the parents of
an exceptional child have been severed, the secretary of social and
rehabilitation services or the secretary's designee shall notify the state
board or its designee of this fact and request the appointment of an
educational advocate for the child.
(3) If the identity of the parent or the
parent's current whereabouts cannot be determined, the agency shall take the
following action:
(A) Request that
proceedings be initiated, pursuant to the Kansas code for the care of children,
to determine whether the child is a child in need of care; and
(B) notify the state board or its designee,
within three business days, of the agency's determination and request the
appointment of an educational advocate for the child.
(b) Within three business days of
receiving a request for the appointment of an educational advocate, the agency
making the request shall be notified by the state board or its designee of the
name, address, and telephone number of the person appointed to serve as the
child's educational advocate.
(c)
Each person appointed as an educational advocate shall meet the following
requirements:
(1) Be at least 18 years of
age;
(2) have completed a training
program offered or approved by the state board concerning the powers, duties,
and functions of an educational advocate;
(3) not be an employee of the state board or
any agency that is involved in the education or care of the child; and
(4) have no interest that
conflicts with the interest of any child whom the person represents.
(d)
(1) A person who is an employee of a
nonpublic agency that provides only noneducational care for the child and who
meets the requirements of subsection (c) of this regulation may be appointed as
an educational advocate.
(2) A
person who otherwise qualifies to be an educational advocate shall not be
considered an employee of an agency solely because that person is paid by the
agency to serve as an educational advocate.
(e) Any person appointed as an educational
advocate shall perform the following duties:
(1) Assert the child's rights in the
education and decision-making process, including the identification,
evaluation, and placement of the child;
(2) comply with applicable confidentiality
requirements imposed by state and federal law;
(3) participate in the development of the
child's individualized education program; and
(4) exercise all the rights given to parents
under the special education for exceptional children act.
Notes
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