Indiana Administrative Code
Rule 43 - Related Services; Transitions; Transfer of Rights
Section 43-6 - Appointment of an educational representative

Universal Citation: 511 IN Admin Code 43-6

Current through September 27, 2023

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35; IC 29-3

Sec. 6.

(a) Any student eligible for special education and related services who has become eighteen (18) years of age and has not had a guardian appointed under IC 29-3 may have an educational representative appointed to make educational decisions on the student's behalf if the student:

(1) requests in writing that an educational representative be appointed; or

(2) is certified as unable to provide informed consent under subsection (f).

(b) A student's parent must be appointed to act as the educational representative under this section. If the parent is unavailable, a person trained as an educational surrogate parent under 511 IAC 7-39-2 must be appointed by the public agency to serve as the educational representative.

(c) An appointment of an educational representative under this section may be made as early as sixty (60) calendar days prior to the student's eighteenth birthday.

(d) The public agency is not responsible for the cost of appointing an educational representative.

(e) A student who requests that an educational representative be appointed under subsection (a)(1) may request, in writing, that the appointment be revoked.

(f) For an educational representative to be appointed under subsection (a)(2), two (2) persons described in subsection (g) must, based on personal examination or interview, certify in writing that the student is incapable of providing informed consent and that the student has been informed of this decision. As used in this section, "incapable of providing informed consent" means that the student is unable to do the following:

(1) Understand on a continuing or consistent basis the nature, extent, and probable consequences of a proposed educational program or option.

(2) Make a rational evaluation on a continuing or consistent basis of the benefits or disadvantages of a proposed educational decision or program as compared with the benefits or disadvantages of another proposed educational decision or program.

(3) Communicate such understanding in a meaningful way.

(g) Persons who certify in writing that a student is incapable of providing informed consent must be one (1) of the following:

(1) A physician with an unlimited license.

(2) A licensed nurse practitioner.

(3) A licensed clinical psychologist.

(4) A licensed psychologist.

(5) A licensed school psychologist.

(6) A licensed clinical social worker.

(h) Persons providing certification described in subsection (f) cannot be related to the student.

(i) At least one (1) of the persons providing certification described in subsection (f) cannot be employed by the public agency serving the student.

Indiana State Board of Education; 511 IAC 7-43-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

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