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(1) Procedures for the appointment of a surrogate parent shall comply with 20-7-461, MCA.

(2) A foster parent meeting the requirements of 34 CFR 300.20(b) may act as a parent under Part B of IDEA if the natural parents' authority to make educational decisions on the student's behalf has been extinguished under state law and the foster parent:

(a) has an ongoing, long-term parental relationship with the student;

(b) is willing to make the educational decisions required of parents under IDEA; and

(c) has no interest that would conflict with the interests of the student.

(3) The local educational agency shall petition a court of competent jurisdiction for termination of the surrogate parent appointment when the student’s parents are identified, the whereabouts of the parents are discovered, the student is no longer a ward of the state or the surrogate parent wishes to discontinue her or his appointment.

History: 20-7-402, MCA; IMP, 20-7-403, 20-7-414, MCA; NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

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