Table of Contents TITLE 20. EDUCATION CHAPTER 7. SCHOOL INSTRUCTION AND SPECIAL PROGRAMS Part 4. Special Education for Exceptional Children
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20-7-401 20-7-402 1 20-7-403 20-7-404 20-7-411 20-7-414 20-7-419 20-7-420 20-7-421 20-7-422 20-7-424 20-7-431 20-7-435 20-7-436 20-7-437 20-7-443 20-7-451 20-7-452 20-7-454 20-7-455 20-7-456 20-7-457 1 20-7-461 1 20-7-462 20-7-463 20-7-470 20-7-471 20-7-472 20-7-473 20-7-474 20-7-475

Mont. Code Ann. § 20-7-462

(2011)

Responsibilities of surrogate parent

A person assigned as a surrogate parent shall represent the child with a disability in all decisionmaking processes concerning the child's education by:

(1) becoming thoroughly acquainted with the child's history and other information contained in school and other pertinent files, records, and reports relating to that child's educational needs;

(2) complying with state and federal law as to the confidentiality of all records and information to which the person is privy pertaining to that child and using discretion in the necessary sharing of the information with appropriate people for the purpose of furthering the interests of the child;

(3) becoming familiar with the educational evaluation and placement for the child and by giving approval or disapproval for the evaluation and placement and reviewing and evaluating special education programs pertaining to the child and other programs that may be available; and

(4) initiating any mediation, hearing, or appeal procedures necessary and seeking qualified legal assistance whenever the assistance is in the best interest of the child.

Opinions construing this section

1 opinion
2014 MT 74 Mar 18, 2014 Reversed
Matter of C.S., YINC
Majority by Beth Baker · 5 to 0
uthority to “represent [C.S.] in all decisionmaking processes concerning [his] education,” her appointment impacts C.S.’s future education possibilities. Section 20-7-462, MCA. This action has not “lost all practical purpose for the parties,” and we conclude that the court’s refusal to vacate its appointment of Mahoney has not
Official Annotations archive.org, 2011 edition
History:
En. Sec. 6, Ch. 618, L. 1985
Amd. Sec. 10, Ch. 249, L. 1991
Amd. Sec. 99(4), Ch. 51, L. 1999 (HB 38 - Peck, Ray (D) HD 91)
Amd. Sec. 305, Ch. 56, L. 2009 (HB 37 - Campbell, Margarett (D) HD 31)
Source text on leg.mt.gov