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MARVIN MANDEL, Governor 2109
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FOR the purpose of creating a system of parent surrogates
to represent children in the educational decision
making process in place of a child's natural parent
or guardian under certain circumstances; and
requiring the State Board of Education to promulgate
rules and regulations to implement the program.
BY adding to
Article 77 — Public Education
Section 106D-1
Annotated Code of Maryland
(1975 Replacement Volume and 1976 Supplement)
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Preamble
It is the intent of this Act that State law conform
with Federal requirements in Public Law 94-142, and to
protect the educational rights of children requiring
special education by providing for the appointment of a
parent surrogate for any child whose parent or guardian
is unknown or unavailable, or any child who is a ward of
the State; now, therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 106D-1 be and it is hereby
added to Article 77 — Public Education, of the Annotated
Code of Maryland (1975 Replacement Volume and 1976
Supplement) to read as follows:
Article 77 - Public Education
106D-1.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.
(2) "BOARD" OR "LOCAL BOARD" MEANS A COUNTY
BOARD OF EDUCATION OR THE BOARD OF SCHOOL COMMISSIONERS
OF BALTIMORE CITY.
(3) "STATE BOARD" MEANS THE STATE BOARD OF
EDUCATION.
(4) "PARENT SURROGATE" MEANS A PERSON,
APPOINTED BY THE STATE BOARD ON THE RECOMMENDATION OF A
LOCAL SUPERINTENDENT OF SCHOOLS OR HIS DESIGNEE, AS A
CHILD'S ADVOCATE IN THE EDUCATIONAL DECISION MAKING
PROCESS IN PLACE OF THE CHILD'S NATURAL PARENT OR LEGAL
GUARDIAN.
(5) "CHILD" MEANS A PERSON UNDER THE AGE OF
21.
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(6) "EDUCATIONAL DECISION MAKING PROCESS"
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