Section 511IAC7-39-1. Method for determining whether a student needs an educational surrogate parent

   (a) The public agency must establish, maintain, and implement written procedures regarding the following:

(1) How the public agency determines a student is in need of an educational surrogate parent.

(2) How eligible persons will be trained to serve as educational surrogate parents.

  (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. (Indiana State Board of Education; 511 IAC 7-39-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)