162.999. Duties of surrogates, qualifications for appointment, evaluation by board, successor surrogates appointed, when--rights of surrogates--immunity from suits, exceptions--reimbursement for expen

MISSOURI STATUTES AND CODES

162.999. Duties of surrogates, qualifications for appointment, evaluation by board, successor surrogates appointed, when--rights of surrogates--immunity from suits, exceptions--reimbursement for expen

Duties of surrogates, qualifications for appointment, evaluation byboard, successor surrogates appointed, when--rights ofsurrogates--immunity from suits, exceptions--reimbursement forexpenses--legal assistance and independent evaluations, rules.

162.999. 1. Any person who is appointed to act as asurrogate parent shall:

(1) Be at least eighteen years of age;

(2) Be free of any interest that may conflict with theinterests of the child represented; and

(3) Not be an employee of the state board of education orany governmental entity having responsibility for the educationor care of the child.

2. No person shall be appointed to act as a surrogateparent of a handicapped or severely handicapped child unless hehas completed the requisite education and training to be providedby the state board of education.

3. The state board of education shall periodically evaluatethe performance of persons appointed surrogate parents to ensurethat such appointees are providing effective representation.Such periodic evaluations shall take place as often as isreasonably necessary to protect the interests of the particularchild.

4. If a person appointed to act as a surrogate parent dies,resigns, or is removed, the state board of education shall,within fifteen days thereof, appoint a successor surrogateparent.

5. The person appointed to act as a surrogate parent for ahandicapped or severely handicapped child shall represent thechild in all decisions relating to the child's educationincluding, but not limited to, the:

(1) Identification of the child as one needing specialeducational services;

(2) Evaluation of the child's need for special educationalservices;

(3) Placement within the elementary and secondaryeducational system or within special programs offered by otherstate agencies responsible for providing special educationalservices;

(4) Provision of a free appropriate public education forthe child; and

(5) Legal assistance necessary to protect the best interestof the child.

6. The person appointed to act as a surrogate parent shallhave the same right to all information and records concerning thechild, confidential or otherwise, compiled, prepared ormaintained by any political subdivision or state agency as wouldthe child's parents or guardian, provided that such records arenecessary to represent the child effectively in decisionsrelating to the child's education.

7. The person appointed to act as a surrogate parent shallbe immune from liability for any civil damage arising from anyact or omission in representing the child in any decision relatedto the child's education. This immunity shall not apply tointentional conduct, wanton and willful conduct or grossnegligence.

8. The person appointed to act as a surrogate parent shallbe reimbursed by the state board of education for all reasonableand necessary expenses incurred as a result of his representationof a handicapped or severely handicapped child pursuant tosections 162.997 to 162.999. Standards for obtaining legalassistance and the provision of independent evaluations shall beestablished by rules promulgated by the state board of education.No person reimbursed pursuant to this section shall be deemed anemployee of the state board of education.