The educational agent or educational representative is authorized to make educational decisions for a student and has the same rights as the student to participate in the individualized educational program and to request, receive, examine, copy, and consent to the disclosure of the plan or another educational record. The educational agent or the educational representative shall participate based upon a determination of the student's preferences to the extent they can be determined. If the student's preferences cannot be determined, then the decisions must be based upon the student's best interest as determined by the educational agent or educational representative. An educational agent or educational representative who in good faith makes a decision about educational services is not subject to civil or criminal liability because of the substance of the decision.
HISTORY: 2016 Act No. 242 (H.5021), Section 1, eff June 5, 2016.