268

LAWS OF MARYLAND

Ch. 22

(1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)    "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE
OF 21.

(3)    "EDUCATIONAL DECISION BAKING PROCESS"
INCLUDES IDENTIFICATION, EVALUATION, AND PLACEMENT, AS WELL
AS THE HEARING, MEDIATION, AND APPEAL PROCEDURES PROVIDED
FOR IN THE BYLAWS OF THE STATE BOARD.

(4)    "PARENT SUBROGATE" MEANS A PERSON WHO IS
APPOINTED BY THE STATE BOARD ON THE RECOMMENDATION OF A
COUNTY SUPERINTENDENT OR HIS DESIGNEE AS AN ADVOCATE OF A
CHILD IN THE EDUCATIONAL DECISION BAKING PROCESS IN PLACE OF
THE NATURAL PARENT OR LEGAL GUARDIAN OF THE CHILD.

(5)   "UNAVAILABLE" INCLUDES COMMITTED TO A MENTAL
INSTITUTION, INCARCERATED IN A PENAL INSTITUTION, OTHERWISE
UNABLE TO ACT AS AN ADVOCATE OF A CHILD IN THE EDUCATIONAL
DECISION MAKING PROCESS, OR NOT PRESENT AFTER GOOD FAITH
EFFORTS TO OBTAIN PRESENCE.

(6)     "UNKNOWN" MEANS NOT KNOWN AND NOT
ASCERTAINABLE BY REASONABLE DILIGENCE OR AFTER REASONABLE
INQUIRY.

(B)   WHO MAY REQUEST ASSIGNMENT OF PARENT SURROGATE.

ANY PERSON MAY REQUEST THAT A PARENT SURROGATE BE
ASSIGNED FOR A CHILD WHO MAY NEED SPECIAL EDUCATION IF:

(1)   THE CHILD IS A WARD OF THE STATE; OR

(2)   THE PARENT OR GUARDIAN OF THE CHILD IS
UNKNOWN OR UNAVAILABLE.

(C)     COUNTY SUPERINTENDENT REQUIRED TO REQUEST
ASSIGNMENT.

(1) IF A COUNTY SUPERINTENDENT OR HIS DESIGNEE
FINDS THAT A CHILD MAY NEED SPECIAL EDUCATION AND THE CHILD
IS A WARD OF THE STATE OR THE PARENT OR GUARDIAN OF THE
CHILD IS UNKNOWN OR UNAVAILABLE, THE COUNTY SUPERINTENDENT
OR HIS DESIGNEE SHALL MAKE A WRITTEN REQUEST THAT THE STATE
BOARD APPOINT A PARENT SUBROGATE TO REPRESENT THE CHILD IN
THE EDUCATIONAL DECISION MAKING PROCESS.

(2) THE REQUEST TO THE STATE BOARD SHALL

INCLUDE:

(I) THE NAME, DATE OF BIRTH, SEX, DOMICILE, AND
RESIDENCE OF THE CHILD;

(II) A STATEMENT EXPLAINING WHY THE CHILD MEETS
THE REQUIREMENTS FOR THE APPOINTMENT OF A PARENT SURROGATE;