Section 511IAC7-39-2. Method for assigning an educational surrogate parent

   (a) The public agency shall establish, maintain, and implement written procedures regarding the assignment of educational surrogate parents that include the following:

(1) A system to assign educational surrogate parents.

(2) A system for determining the eligibility of individuals to serve as educational surrogate parents.

(3) A system for training individuals to serve as educational surrogate parents that includes training regarding special education laws and rules.

  (b) The public 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.

  (d) In the case of a homeless student as defined in 511 IAC 7-32-46, who is not in the physical custody of a parent or guardian, appropriate staff of:

(1) emergency shelters;

(2) transitional shelters;

(3) 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).

  (e) An educational surrogate parent may represent the student in all matters relating to the following:

(1) Identification.

(2) Evaluation and eligibility.

(3) Placement.

(4) Provision of a free appropriate public education.

  (f) An educational surrogate parent's representation of a student includes the following:

(1) Participating in case conferences or other parent-teacher conferences.

(2) Granting or denying written consent for evaluation or services.

(3) Accessing and reviewing the student's educational record.

(4) Requesting mediation, a due process hearing, or filing a complaint.

(5) Exercising on behalf of the student any other rights that a parent may exercise under this article.

  (g) 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.

  (h) To meet the training requirements in subsection (a)(3), the public agency must train or contract with another agency or organization to train educational surrogate parents about special education laws and rules in order to develop a pool of educational surrogate parents from which the public agency may draw.

  (i) 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; or

(2) geographic area where the educational program is located;

as agreed upon by the administrators of both programs involved.

  (j) 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. (Indiana State Board of Education; 511 IAC 7-39-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)