(1) School districts must ensure that the rights of a student are protected when:
(a) No parent as defined in WAC 392-172A-01125
can be identified;
(b) The school district, after reasonable efforts, cannot locate a parent;
(c) The student is a ward of the state;
(d) The student is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act; or
(e) An educational representative is appointed for a student pursuant to WAC 392-172A-05135
(2) School districts must develop procedures for assignment of an individual to act as a surrogate for the parents. This must include a method:
(a) For determining whether a student needs a surrogate parent;
(b) For assigning a surrogate parent to the student; and
(c) Ensuring that an assignment of a surrogate parent is provided within thirty days of the district's determination that a surrogate parent is required.
(3) If a student is a ward of the state, the judge overseeing the student's case, may appoint a surrogate parent, provided that the surrogate meets the requirements in subsections (4)(a) and (5) of this section.
(4) School districts must ensure that a person selected as a surrogate parent:
(a) Is not an employee of the OSPI, the school district, 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.
(5) A person otherwise qualified to be a surrogate parent under subsection (4) of this section is not an employee of the OSPI, school district or other agency solely because he or she is paid by the agency to serve as a surrogate parent.
(6) 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 subsection (4)(a) of this section until a surrogate parent can be appointed that meets all of the requirements of subsection (4) of this section.
(7) The surrogate parent may represent the student in all matters relating to the identification, evaluation, educational placement and the provision of FAPE to the student.
[Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. 09-20-053, § 392-172A-05130, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05130, filed 6/29/07, effective 7/30/07.]