- (a) The public agency may select a surrogate parent in any way permitted under state law.
(b) Public agencies must ensure that a person selected as a surrogate:
- (1) Is not an employee of the SEA, the LEA, or any other agency that is involved in the education or care of the child;
- (2) Has no personal or professional interest that conflicts with the interest of the child he or she represents; and
- (3) Has knowledge and skills that ensure adequate representation of the child.