If the ARC Chairperson determines that parental rights have been terminated by the court, the ARC Chairperson contacts the DoSE and obtains a certified or attested copy of the court order or letter from an attorney for Cabinet for Families and Children verifying that parental rights are terminated. If the child has been committed to the Cabinet for Families and Children (CFC) or the Department of Juvenile Justice and parental rights have not been terminated, the ARC Chairperson involves the biological or adoptive parent in educational decision-making and no surrogate parent is assigned. (8) In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to the criteria listed in until a surrogate parent can be appointed that meets all the requirements of this section.Ĭommitment to Cabinet for Families and Children or Department of Juvenil e Justice (7) A person who is otherwise qualified to be a surrogate parent shall not be considered an employee of the LEA solely because he or she is paid by the LEA to serve as a surrogate parent. A surrogate: (a) Shall not be an employee of the Kentucky Department of Education, the LEA, or any other agency that is involved in the education or care of the child (b) Shall not have any personal or professional interest that conflicts with the interests of the child and (c) Shall have knowledge and skills that ensure adequate representation of the child. (6) An LEA shall have a procedure for selecting surrogates. Part 300, and 707 KAR Chapter 1, to make decisions about educational issues for a child. The surrogate parent of the child shall have all the rights afforded parents under Part B of IDEA, 34 C.F.R. (5) An LEA shall have a procedure for determining whether a child needs a surrogate parent and assigning a surrogate parent to the child. (4) The LEA shall keep a record of the reasonable efforts it made to discover the whereabouts of the parents, such as: (a) Detailed records of the telephone calls made or attempted and the results of those calls (b) Copies of correspondence sent to the parents and any responses received and (c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits. 3) An LEA shall ensure the rights of a child are protected by appointing a surrogate parent to make educational decisions for the child if: (a) No individual can be identified as a parent as defined in 707 KAR 1:002 (b) An LEA, after reasonable efforts, cannot discover the whereabouts of the parents (c) The child is a ward of the state or (d) The child is an unaccompanied homeless youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. (f) A surrogate parent who has been appointed in accordance with 707 KAR 1:340, Section 6.ħ07 KAR 1:340, Section 6 Representation of Children. (e) A foster parent if the biological or adoptive parents grant authority in writing for the foster parent to make educational decisions on the child’s behalf, and the foster parent is willing to make educational decisions required of parents under 707 KAR Chapter 1, and has no interest that would conflict with the interests of the child or (d) A foster parent if the biological or adoptive parents’ authority to make educational decisions on the child’s behalf has been extinguished and the foster parent has an ongoing, long-term parental relationship with the child, is willing to make the educational decisions required of parents under 707 KAR Chapter 1, and has no interest that would conflict with the interests of the child (c) A person acting in the place of a biological or adoptive parent such as a grandparent, stepparent, or other relative with whom the child lives, or a person who is legally responsible for the child’s welfare (b) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state (43) "Parent" means: (a) A biological or adoptive parent of a child
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