Oregon Statutes 343.156 – Limitations on appointment of surrogate to protect educational rights of a child with a disability
A school district or other educational agency may not appoint as a surrogate, nor may a court order the appointment as a surrogate, to protect the special educational rights of a child with a disability, a person who is the child’s parent, guardian or former guardian if:
Terms Used In Oregon Statutes 343.156
- Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Order: has the meaning given that term in ORS Chapter 183. See Oregon Statutes 343.035
- Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
(1) At any time while the child was under the care, custody or control of the person, a court entered an order:
(a) Taking the child into protective custody under ORS § 419B.150; or
(b) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS § 419B.337; and
(2) The court entered a subsequent order that:
(a) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS § 419B.328; or
(b) Terminated the person’s parental rights under ORS § 419B.500 and 419B.502 to 419B.524. [2011 c.194 § 6]
343.156 was added to and made a part of ORS Chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.