|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 359
|
|
|
|
|
2110
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
INCLUDES IDENTIFICATION, EVALUATION, AND PLACEMENT, AS
HELL AS THE HEARING, MEDIATION, AND APPEAL PROCEDURES
PROVIDED FOR IN THE BYLAWS PROMULGATED BY THE STATE BOARD
OF EDUCATION.
(7) "UNKNOWN" MEANS NOT KNOWN AND NOT
ASCERTAINABLE BY REASONABLE DILIGENCE OR AFTER REASONABLE
INQUIRY.
(8) "UNAVAILABLE" INCLUDES BEING COMMITTED
TO A MENTAL INSTITUTION, INCARCERATED IN A PENAL
INSTITUTION, OTHERWISE UNABLE TO ACT AS A CHILD'S
ADVOCATE IN THE EDUCATIONAL DECISION MAKING PROCESS, OR
NOT PRESENT AFTER GOOD-FAITH EFFORTS TO OBTAIN PRESENCE.
(B) ANY PERSON MAY REQUEST THE ASSIGNMENT OF A
PARENT SURROGATE FOR A CHILD WHO MAY NEED SPECIAL
EDUCATION IF THE CHILD IS A WARD OF THE STATE, OR IF THE
CHILD'S PARENT OR GUARDIAN ARE UNKNOWN OR UNAVAILABLE.
(C) WHEN A LOCAL SUPERINTENDENT OF SCHOOLS OR HIS
DESIGNEE FINDS THAT A CHILD MAY REQUIRE SPECIAL EDUCATION
AND THE CHILD IS A WARD OF THE STATE, OR THE CHILD'S
PARENT OR GUARDIAN IS UNKNOWN OR UNAVAILABLE, THAT
SUPERINTENDENT OR HIS DESIGNEE SHALL REQUEST IN WRITING
THAT THE STATE BOARD APPOINT A PARENT SURROGATE TO
REPRESENT THE CHILD IN THE EDUCATIONAL DECISION MAKING
PROCESS. THE REQUEST TO THE STATE BOARD SHALL INCLUDE
THE CHILD'S NAME, DATE OF BIRTH, SEX, DOMICILE AND
RESIDENCE, A STATEMENT EXPLAINING WHY THE CHILD MEETS THE
CRITERIA FOR THE APPOINTMENT OF A PARENT SURROGATE,
DOCUMENTATION OF EFFORTS MADE TO LOCATE THE PARENT IF
UNKNOWN, OR THE PARENT'S PRESENT LOCATION IF UNAVAILABLE,
AND THE NAME AND QUALIFICATIONS OF A PROPOSED PARENT
SURROGATE TEEMED APPROPRIATE TO REPRESENT THE CHILD IN
THE EDUCATIONAL DECISION MAKING PROCESS.
(D) UPON THE FILING OF A REQUEST FOR THE
APPOINTMENT OF A PARENT SURROGATE BY A BOARD, THE STATE
BOARD SHALL APPOINT A PARENT SURROGATE AFTER A
DETERMINATION THAT THE PARENT OR LEGAL GUARDIAN IS
UNKNOWN OR UNAVAILABLE AND THAT THE PROPOSED PARENT
SURROGATE IS NEITHER AN EMPLOYEE NOR AN AGENT OF THE
STATE BOARD OR THE LOCAL BOARD INVOLVED IN THE EDUCATION
OF THE CHILD AND IS OTHERWISE PROPERLY QUALIFIED TO SERVE
AS AN ADVOCATE FOR THE CHILD. IF THE STATE BOARD FINDS
THAT THE PROPOSED PARENT SURROGATE IS NOT QUALIFIED TO
SERVE, IT SHALL REQUEST THAT THE LOCAL BOARD MAKE ANOTHER
NOMINATION, OR IT MAY SELECT AND APPOINT ONE ITSELF.
FINAL SELECTION SHALL BE WITHIN TEN LAYS OF A REQUEST BY
THE LOCAL BOARD. ALL COSTS FOR SELECTION AND APPOINTMENT
SHALL BE BORNE BY THE LOCAL BOARD.
(E) ANY PERSON AGGRIEVED BY A DECISION OF THE
STATE BOARD WITH REGARD TO THE SELECTION AND APPOINTMENT
OF A PARENT SURROGATE MAY SEEK REVIEW OF THE DECISION IN
A COURT OF COMPETENT JURISDICTION.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
