A person that is appointed surrogate for a youth offender has the duty and authority to protect the due process rights of the youth offender 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 youth offender’s eligibility for special education and shall participate in the development of the youth offender’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 youth offender is 21 years of age;
(2) The youth offender is determined to be no longer eligible for special education; or
(3) The juvenile court terminates jurisdiction of the youth offender and determines that the youth offender’s parent or guardian is both known and available to protect the special educational rights of the youth offender. [1993 c.33 §188; 2003 c.396 §101]
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