10-564. Order appointing/changing educational decision maker.
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
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No. _______________ |
In the Matter of
_______________________________, (a) Child(ren), and Concerning
_______________________________, Respondent(s).
ORDER APPOINTING/CHANGING
EDUCATIONAL DECISION MAKER
This matter came before the [Honorable ________] [Special Master _________], on ____________ (date) for ______________ hearing. The New Mexico Children, Youth and Families Department (CYFD) was represented by _____________, children’s court attorney. _________________ (name(s) of child(ren)) was/were [not] present [and] [but] was/were represented by __________________, (guardian ad litem/attorney). (Expand as necessary) Respondent(s) _________________ was/were [not] present [by telephone] [and] [but] was/were represented by attorney ________________. (Expand-modify as necessary) The CASA was [not] present. (If applicable) A court certified interpreter did [not] provide interpretation services for the hearing.
The Court has heard the [evidence] [stipulation of the parties], reviewed the pleadings, is fully advised in the matter, and FINDS:
1. _________________ (name(s) of respondent(s)) should [not] make educational decisions regarding _________________ (name(s) of child(ren)) and should [not] have authority as the parent for the purposes of the Family Educational Rights and Privacy Act (FERPA).
2. (If applicable, otherwise delete) The appointment of _______________ as _________________’s (name(s) of child(ren)) educational decision maker should not continue.
3. (If applicable, otherwise delete) The appointment of _______________ as _________________’s (name(s) of child(ren)) parent for the purpose of obtaining and releasing school records under FERPA should not continue.
4. (If applicable, otherwise delete) ______________ should be appointed _________________’s (name(s) of child(ren)) educational decision maker.
5. (If applicable, otherwise delete) _____________ should be appointed _________________’s (name(s) of child(ren)) parent for the purpose of obtaining and releasing school records under FERPA.
IT IS THEREFORE ORDERED:
1. __________________ is appointed _________________’s (name(s) of child(ren)) educational decision-maker. As the educational decision-maker for _________________ (name(s) of child(ren)), __________________may request school meetings, may attend school meetings, and may make decisions about _________________’s (name(s) of child(ren)) education that a parent could make under law, including decisions about _________________’s (name(s) of child(ren)) educational setting and the development and implementation of an individualized education plan for _________________ (name(s) of child(ren)).
2. _________________ is authorized to act as _________________’s (name(s) of child(ren)) parent under FERPA for the purpose of obtaining and releasing school records.
3. (If applicable, otherwise delete) The appointment(s) of _________________, who was/were previously appointed _________________’s (name(s) of child(ren)) educational decision maker is/are terminated.
4. (If applicable, otherwise delete) The appointment(s) of _________________, who was/were previously authorized to act as (a) parent(s) under FERPA for the purpose of obtaining and releasing school records, is/are terminated.
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______________________________
(Add signature lines for all attorneys in the case)
USE NOTES
1. The appointment of an educational decision maker implicates significant educational rights for children and must be reviewed throughout the duration of the case. The individual appointed to be the educational decision maker should be a person who knows the child, is willing to accept responsibility for making educational decisions, does not have any personal or professional interests that conflict with the interests of the child, and is able to make any necessary educational decisions, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act. See, e.g., 34 C.F.R. § 300.519(d) (listing criteria for the selection of surrogate parents for wards of the state, which preclude guardians ad litem and CYFD caseworkers from serving in this role); see also 34 C.F.R. § 300.30 (defining “Parent” as used in federal Department of Education regulations).
[Adopted by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014; as amended by Supreme Court Order No. S-1-RCR-2023-00016, effective for all cases pending or filed on or after December 31, 2023.]