38-1513a


      38-1513a.   Educational decisions; education advocates for exceptional children; definitions. (a) When the court has granted legal custody of a child in a hearing under the Kansas code for care of children to an agency, association or individual, the custodian or an agent designated by the custodian shall have authority to make educational decisions for the child if the parents of the child are unknown or unavailable. When the custodian of the child is the secretary, and the parents of the child are unknown or unavailable, and the child appears to be an exceptional child who requires special education, the secretary shall immediately notify the state board of education, or a designee of the state board, and the school district in which the child is residing that the child is in need of an education advocate. As soon as possible after notification by the secretary of the need by a child of an education advocate, the state board of education, or its designee, shall appoint an education advocate for the child.

      (b)   As used in this section, the terms exceptional child, special education, and education advocate have the meanings respectively ascribed thereto in the special education for exceptional children act.

      History:   L. 1985, ch. 146, § 2; L. 1987, ch. 268, § 1; L. 1999, ch. 116, § 36; July 1.