State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1161

79-1161. Child witha disability; school district; protect rights of child; assignment of surrogateparent.(1) School districts shall establish and maintainprocedures to protect the rights of a child with a disability whenever (a) no parents ofthe child can be identified, (b) the school district cannot, after reasonable efforts, locatea parent of the child, (c)the child is a ward of the state,or (d) the child is an unaccompanied homeless youth as defined in the McKinney-VentoHomeless Assistance Act, 42 U.S.C. 11434a(6), as such section existed on January1, 2009. Such procedures shall include the assignment of an individual toact as a surrogate for the parents. The school district shall make reasonableefforts to ensure the assignment of a surrogate not more than thirty daysafter there is a determination by the district that the child needs a surrogate.In the case of a child who is a ward of the state, such surrogate may alternativelybe appointed by the judge overseeing the child's care if the surrogate meetsthe requirements of subdivision (2)(c) of this section.(2) The surrogate parent shall (a) have no interest whichconflicts with the interest of the child, (b) have knowledge and skills thatinsure adequate representation, and (c) not be an employee of any agency involvedin the care or education of the child. Aperson otherwise qualified to be a surrogate parent under this subsectionis not an employee of the agency solely because he or she is paid by the agencyto serve as a surrogate parent. The surrogate parent appointedunder this section may represent the child in all matters relating to theidentification, evaluation, and educational placement of the child and theprovision of a free appropriate public education to the child.(3) The services of the surrogate parent shall be terminatedwhen (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 andthe interest of the surrogate parent, or (c) the surrogate parent fails tofulfill his or her duties as a surrogate parent. Issues arising from the selection,appointment, or removal of a surrogate parent by a school district shall be resolved throughhearings established under sections 79-1162 to 79-1167. The surrogate parentand the school district which appointed the surrogate parent shall not beliable in civil actions for damages for acts of the surrogate parent unlesssuch acts constitute willful and wanton misconduct. SourceLaws 1988, LB 165, § 1; R.S.1943, (1994), § 79-4,147; Laws 1996, LB 900, § 843; Laws 1997, LB 346, § 42; Laws 2009, LB549, § 44.