4 AAC 52.600. Qualifications and duties of surrogate parent

(a) A surrogate parent must

(1) have no personal or professional interests that could conflict with the interests of the child;

(2) not be employed by the department or by a public agency that is involved in the education or care of the child; however, a district may select as a surrogate parent an individual who is an employee of an entity that is not a public agency, that only provides non-educational care for the child, and that meets the standards listed in this section;

(3) have knowledge and skills that assure adequate representation of the child; and

(4) have participated in a training program for surrogate parents developed by the department and conducted by the department or the district.

(b) A person who otherwise qualifies as a surrogate parent is not considered an employee of a public agency solely because the person is paid by the district to serve as a surrogate parent.

(c) A surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child, and the provision of a FAPE to the child.

(d) A person who is a foster parent of a child may not serve as a surrogate parent of that child unless the person has an ongoing, long-term relationship with the child, and is willing to make the educational decisions required of parents under this chapter.

History: Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/9/2002, Register 163

Authority: AS 14.07.060

AS 14.30.325

AS 47.10.084

AS 47.12.150

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