NAC388.283. Appointment of surrogate parent for pupil with disability.

     1. Except as otherwise provided in subsection 2, a public agency shall appoint or petition the Superintendent to appoint a surrogate parent for:

     (a) A pupil with a disability, other than a gifted and talented pupil, when the:

          (1) Parents cannot be identified;

          (2) Location of a parent is not discovered after reasonable efforts; or

          (3) Pupil is a ward of the State.

     (b) An unaccompanied youth who is a homeless youth.

Ê The public agency or the Superintendent, as applicable, shall make reasonable efforts to ensure the appointment of a surrogate parent not more than 30 days after the determination of the agency that the appointment is necessary. As used in this subsection, “unaccompanied youth” has the meaning ascribed to it in 42 U.S.C. § 11434a(6).

     2. If a pupil with a disability is a ward of the State, the judge overseeing the care of the pupil may appoint a surrogate parent who satisfies the requirements of this section.

     3. A person selected as such a surrogate parent must have no interest that conflicts with the interests of the pupil and have knowledge and skills that ensure the adequate representation of the pupil’s interests.

     4. Except as otherwise provided in this subsection, the surrogate parent must not be an employee of the public agency which is involved in the education or care of the pupil, but he or she may be paid by the public agency to serve as the surrogate parent. If the pupil is an unaccompanied youth who is a homeless youth, an appropriate employee of an emergency shelter, transitional shelter, independent living program or street outreach program who is otherwise qualified may be appointed on a temporary basis as a surrogate parent, regardless of whether the person is employed by a public agency which is involved in the education or care of the pupil, until another person is appointed as a surrogate parent who satisfies the requirements of subsection 3.

     5. The surrogate parent shall represent the pupil in all matters relating to the identification of a pupil, the assessment of any special educational needs of the pupil, the educational placement of the pupil and the provision of a free appropriate program of public education to the pupil. The program must be provided for the pupil without any cost to the parent.

     (Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; R071-05, 2-23-2006; R058-07, 10-31-2007)