(1) Procedures for the appointment of a surrogate parent shall comply with 20-7-461, MCA.

(2) A foster parent meeting the requirements of 34 CFR 300.20(b) 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) has an ongoing, long-term parental relationship with the student;

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

(c) 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.