2006 Nebraska Revised Statutes - § 79-1161 — Child with a disability; school district; appoint surrogate parent.

Section 79-1161
Child with a disability; school district; appoint surrogate parent.

(1) A surrogate parent shall be appointed by a school district to protect the rights of a child with a disability if the district determines that (a) the parents of the child cannot be identified, (b) the parents of the child are unknown or unavailable, or (c) the child is a ward of the state.

(2) The surrogate parent shall (a) have no interest which conflicts with the interest of the child, (b) have knowledge and skills that insure adequate representation, and (c) not be an employee of any agency involved in the care or education of the child. The surrogate parent appointed under this section may represent the child in all matters relating to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child.

(3) The services of the surrogate parent shall be terminated when (a) the child is no longer eligible under subsection (1) of this section, (b) a conflict of interest develops between the interest of the child and the interest of the surrogate parent, or (c) the surrogate parent fails to fulfill his or her duties as a surrogate parent. Issues arising from the selection, appointment, or removal of a surrogate parent shall be resolved through hearings established under sections 79-1162 to 79-1167. The surrogate parent and the school district which appointed the surrogate parent shall not be liable in civil actions for damages for acts of the surrogate parent unless such acts constitute willful and wanton misconduct.

Source:

Laws 1988, LB 165, § 1

R.S.1943, (1994), § 79-4,147

Laws 1996, LB 900, § 843

Laws 1997, LB 346, § 42

~Reissue Revised Statutes of Nebraska