(1) Upon the request of any party, the court shall appoint a surrogate for a youth or youth offender who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:
(a) The court finds that the youth or youth offender may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;
(b) The youth or youth offender does not already have a surrogate appointed by a school district or other educational agency; and
(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.
(2) A surrogate appointed under this section:
(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the youth or youth offender;
(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the youth or youth offender; and
(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the youth or youth offender in special education decisions. [1993 c.33 §187; 2003 c.396 §100; 2005 c.662 §15]
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