10.16.3504    SURROGATE PARENTS

(1) Procedures for the appointment of a surrogate parent shall comply with 20-7-461 through 20-7-463, MCA, 34 CFR 300.30, and 34 CFR 300.519.

(2) A foster parent meeting the requirements of 34 CFR 300.30(a)(2) may act as a parent under Part B of IDEA if the natural parents' authority to make educational decisions on the student's behalf has been extinguished under state law and the foster parent:

(a) is willing to make the educational decisions required of parents under IDEA; and

(b) has no interest that would conflict with the interests of the student.

(3) The local educational agency shall petition a court of competent jurisdiction for termination of the surrogate parent appointment when the student's parents are identified, the whereabouts of the parents are discovered, the student is no longer a ward of the state, or the surrogate parent wishes to discontinue her or his appointment.

History: 20-7-402, MCA; IMP, 20-7-403, 20-7-414, MCA; NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.