A person that is appointed surrogate for an adjudicated youth has the duty and authority to protect the due process rights of the adjudicated youth with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the adjudicated youth’s eligibility for special education and shall participate in the development of the adjudicated youth’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first:\n(1) The adjudicated youth is 21 years of age;\n(2) The adjudicated youth is determined to be no longer eligible for special education; or\n(3) The juvenile court terminates jurisdiction of the adjudicated youth and determines that the adjudicated youth’s parent or guardian is both known and available to protect the special educational rights of the adjudicated youth. [1993 c.33 §188; 2003 c.396 §101; 2021 c.489 §64]
Oregon Legal Code