Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2218.Educational decisions; educationaladvocates for exceptional children.(a) When the court has granted legal custody of a child in ahearing underthe code to an agency, association or individual, the custodian or an agentdesignated by thecustodian shall have authority to make educational decisions for the child ifthe parents of the childare unknown or unavailable. When the custodian of the child is the secretary,and the parents of thechild are unknown or unavailable, and the child appears to be an exceptionalchild who requiresspecial education, the secretary shall immediately notify the state board ofeducation, or a designeeof the state board, and the school district in which the child is residing thatthe child is in need of aneducation advocate. As used in this section, a parent is unavailable if:
(1) Repeated attemptshave been made to contact the parent to provide notice of an IEP meeting andsecure the parent's participation and such attempts have been unsuccessful;
(2) havingbeen provided actual notice of an IEP meeting, the parent has failed or refusedto attend and participate in the meeting; or
(3) the parent's whereabouts areunknown so that notice of an IEP meeting cannot be given to the parent.As soon as possible after notification, the state board ofeducation, or itsdesignee, shall appoint an education advocate for the child.
(b) If the secretary changes the placement of a pupil from one schooldistrict toanother or to another school within the same district, it shall be the duty ofthe secretary to transfer, or make provision for the transfer, of all schoolrecords of such pupil to the district or school to which the pupil istransferred. Such school records shall be transferred at the same time that thepupil is transferred or as soon as possible thereafter.
(c) As used in this section, the terms "exceptional child", "specialeducation",and "educationadvocate" have the meanings respectively ascribed thereto in the specialeducation for exceptionalchildren act, K.S.A. 72-961 et seq., and amendments thereto.The term "pupil" means a child living ina school district as a result of a placement therein by the secretary pursuantto this code.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2218.Educational decisions; educationaladvocates for exceptional children.(a) When the court has granted legal custody of a child in ahearing underthe code to an agency, association or individual, the custodian or an agentdesignated by thecustodian shall have authority to make educational decisions for the child ifthe parents of the childare unknown or unavailable. When the custodian of the child is the secretary,and the parents of thechild are unknown or unavailable, and the child appears to be an exceptionalchild who requiresspecial education, the secretary shall immediately notify the state board ofeducation, or a designeeof the state board, and the school district in which the child is residing thatthe child is in need of aneducation advocate. As used in this section, a parent is unavailable if:
(1) Repeated attemptshave been made to contact the parent to provide notice of an IEP meeting andsecure the parent's participation and such attempts have been unsuccessful;
(2) havingbeen provided actual notice of an IEP meeting, the parent has failed or refusedto attend and participate in the meeting; or
(3) the parent's whereabouts areunknown so that notice of an IEP meeting cannot be given to the parent.As soon as possible after notification, the state board ofeducation, or itsdesignee, shall appoint an education advocate for the child.
(b) If the secretary changes the placement of a pupil from one schooldistrict toanother or to another school within the same district, it shall be the duty ofthe secretary to transfer, or make provision for the transfer, of all schoolrecords of such pupil to the district or school to which the pupil istransferred. Such school records shall be transferred at the same time that thepupil is transferred or as soon as possible thereafter.
(c) As used in this section, the terms "exceptional child", "specialeducation",and "educationadvocate" have the meanings respectively ascribed thereto in the specialeducation for exceptionalchildren act, K.S.A. 72-961 et seq., and amendments thereto.The term "pupil" means a child living ina school district as a result of a placement therein by the secretary pursuantto this code.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2218.Educational decisions; educationaladvocates for exceptional children.(a) When the court has granted legal custody of a child in ahearing underthe code to an agency, association or individual, the custodian or an agentdesignated by thecustodian shall have authority to make educational decisions for the child ifthe parents of the childare unknown or unavailable. When the custodian of the child is the secretary,and the parents of thechild are unknown or unavailable, and the child appears to be an exceptionalchild who requiresspecial education, the secretary shall immediately notify the state board ofeducation, or a designeeof the state board, and the school district in which the child is residing thatthe child is in need of aneducation advocate. As used in this section, a parent is unavailable if:
(1) Repeated attemptshave been made to contact the parent to provide notice of an IEP meeting andsecure the parent's participation and such attempts have been unsuccessful;
(2) havingbeen provided actual notice of an IEP meeting, the parent has failed or refusedto attend and participate in the meeting; or
(3) the parent's whereabouts areunknown so that notice of an IEP meeting cannot be given to the parent.As soon as possible after notification, the state board ofeducation, or itsdesignee, shall appoint an education advocate for the child.
(b) If the secretary changes the placement of a pupil from one schooldistrict toanother or to another school within the same district, it shall be the duty ofthe secretary to transfer, or make provision for the transfer, of all schoolrecords of such pupil to the district or school to which the pupil istransferred. Such school records shall be transferred at the same time that thepupil is transferred or as soon as possible thereafter.
(c) As used in this section, the terms "exceptional child", "specialeducation",and "educationadvocate" have the meanings respectively ascribed thereto in the specialeducation for exceptionalchildren act, K.S.A. 72-961 et seq., and amendments thereto.The term "pupil" means a child living ina school district as a result of a placement therein by the secretary pursuantto this code.
