A person that is appointed surrogate for a ward has the duty and authority to protect the due process rights of the ward with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the ward’s eligibility for special education and shall participate in the development of the ward’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first:
(1) The ward is 21 years of age;
(2) The ward is determined to be no longer eligible for special education; or
(3) The juvenile court terminates wardship and determines that the child’s parent or guardian is both known and available to protect the special educational rights of the child. [1993 c.33 §78; 2003 c.396 §52]
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