Montana Code Annotated 2023

TITLE 20. EDUCATION

CHAPTER 7. SCHOOL INSTRUCTION AND SPECIAL PROGRAMS

Part 4. Special Education for Exceptional Children

Responsibilities Of Surrogate Parent

20-7-462. Responsibilities of surrogate parent. A person assigned as a surrogate parent shall represent the child with a disability in all decisionmaking processes concerning the child's education by:

(1) becoming thoroughly acquainted with the child's history and other information contained in school and other pertinent files, records, and reports relating to that child's educational needs;

(2) complying with state and federal law as to the confidentiality of all records and information to which the person is privy pertaining to that child and using discretion in the necessary sharing of the information with appropriate people for the purpose of furthering the interests of the child;

(3) becoming familiar with the educational evaluation and placement for the child and by giving approval or disapproval for the evaluation and placement and reviewing and evaluating special education programs pertaining to the child and other programs that may be available; and

(4) initiating any mediation, hearing, or appeal procedures necessary and seeking qualified legal assistance whenever the assistance is in the best interest of the child.

History: En. Sec. 6, Ch. 618, L. 1985; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 305, Ch. 56, L. 2009.