Rule 10-316. Appointment or change of educational decision maker.

A. Definition. An educational decision maker is an individual appointed by the children’s court to attend school meetings and to make decisions about the child’s education that a parent could make under law, including decisions about the child’s educational setting, and the development and implementation of an individual education plan for the child. B. Appointment of educational decision maker; separate order required. The children’s court shall appoint an educational decision maker in every case. The appointment shall be made by a separate order substantially in the form approved by the Supreme Court. C. Timing of appointment. (1) Initial appointment. The children’s court shall appoint an educational decision maker at the custody hearing, provided that the court may change the appointment of an educational decision maker upon motion of a party at any stage of the proceedings. (2) Review of appointment. The children’s court shall review at each subsequent stage of the proceedings whether to continue or change the appointment of an educational decision maker for the child. Any change shall be made by a separate order substantially in the form approved by the Supreme Court. D. Identity of educational decision maker; qualifications. (1) Respondent. The children’s court shall appoint a respondent as the child’s educational decision maker, unless the court determines that doing so would be contrary to the best interests of the child. (2) Other qualified individual. If the court determines that no respondent should be appointed as the child’s educational decision maker, the court shall appoint another qualified individual, taking into account the following: (a) whether the individual knows the child and is willing to accept responsibility for making educational decisions; (b) whether the individual has any personal or professional interests that conflict with the interests of the child; and (c) whether the individual is permitted to make all necessary educational decisions for the child, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act.