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parents. This shall include a method:

1.for determining whether a student needs a surrogate parent; and
2.for assigning a surrogate parent to the student.

D.Wards of the State. In the case of a student who is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the student’s case, provided that the surrogate meets the requirements in Subparagraph E.2.a and Subsection F of this Section.

E.Criteria for Selection of Surrogate Parents

1.The public agency may select a surrogate parent in any way permitted under state law.
2.Public agencies shall ensure that a person selected as a surrogate parent:
a.is not an employee of the LDE, the LEA, or any other agency that is involved in the education or care of the student;
b.has no personal or professional interest that conflicts with the interest of the student the surrogate parent represents; and
c.has knowledge and skills that ensure adequate representation of the student.

F.Non-Employee Requirement; Compensation. A person otherwise qualified to be a surrogate parent under Subsection E of this Section is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.

G.Unaccompanied Homeless Youth. In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to Subparagraph E.2.a of this Section, until a surrogate parent can be appointed who meets all of the requirements of Subsection E of this Section.

H.Surrogate Parent Responsibilities. The surrogate parent may represent the student in all matters relating to:

1.the identification, evaluation, and educational placement of the student; and
2.the provision of FAPE to the student.

I.LDE Responsibility. The LDE shall make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the student needs a surrogate parent.

J.Any person appointed as a surrogate parent shall be protected by the "limited liability" provisions set forth in L.R.S. 17:1958.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2075 (October 2008).

§520.Transfer of Parental Rights at the Age of Majority

A.General. When a student with a disability reaches the age of majority as defined in §905 that applies to all students (except for a student with a disability who has been determined to be incompetent under state law), he or she shall be afforded those rights guaranteed at such age.

1.a.The public agency shall provide any notice required by these regulations to both the student and the parent; and
b.All rights accorded to parents under part B of the IDEA shall transfer to the student.
2.All rights accorded to parents under part B of the IDEA shall transfer to students who are incarcerated in an adult or juvenile, State or local correctional institutions; and
3.Whenever rights transfer under these regulations, pursuant to Paragraph A.1 or A.2 of this Section, the agency shall notify the student and the parents of the transfer of rights.

B.When a student with a disability reaches the age of majority but has not been interdicted or the subject of a tutorship proceeding, the student’s parent may allege to the LEA that the student lacks the ability to provide informed consent with respect to his or her educational program. In the event that the parent makes such an allegation, the student has the right to dispute the parent’s allegation, either orally or in writing, or by any other method of communication.

1.Any protest or objection to the parent’s allegation shall result in the student’s educational rights being transferred fully to the student at the age of majority, unconditionally. If the student makes no such dispute or objection, the parent shall retain the student's educational rights.
2.The student’s position is final and unappealable; however, at any time the student may revoke his assent to his parents' retention of rights. Upon such revocation, the student’s rights immediately vest with the student.
3.LEAs are required to document in the student's IEP that the parents and the student have been informed of the rights herein and that they have accepted or declined these rights. If the student and/or parent is unable to sign the appropriate section of the IEP reflecting this information, the IEP team may complete that portion of the IEP on behalf of the student and/or parent, reflecting each party’s position and acknowledging that the student and/or parent is unable to sign.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2076 (October 2008).

§§521-529.Reserved

Subchapter B.Discipline Procedures for Students with Disabilities

§530.Authority of School Personnel

A.Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a student with a disability who violates a code of student conduct.

B.General

1.School personnel under this section may remove a student with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to students without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under §536).
2.After a student with a disability has been removed from his or her current placement for 10 school days in the

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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