BLAIR LEE III, Acting Governor

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(III)   DOCUMENTATION OF EFFORTS MADE TO LOCATE
THE PARENT OR GUARDIAN IF UNKNOWN OR THE LOCATION OF THE
PARENT OR GUARDIAN IF UNAVAILABLE; AND

(IV)   THE NAME AND QUALIFICATIONS OF A PROPOSED
PARENT SURROGATE WHO IS CONSIDERED APPROPRIATE TO REPRESENT
THE CHILD IN THE EDUCATIONAL DECISION MAKING PROCESS.

(D)   APPOINTMENT BY STATE BOARD.

(1) IF A COUNTY BOARD FILES A REQUEST FOR THE
APPOINTMENT OF A PARENT SURROGATE, THE STATE BOARD SHALL
APPOINT A PARENT SURROGATE IF IT FINDS THAT:

(I)    THE PARENT OR GUARDIAN IS UNKNOWN OR
UNAVAILABLE;

(II)   THE PROPOSED PARENT SURROGATE IS NEITHER AN
EMPLOYEE NOR AN AGENT OF THE STATE BOARD OR THE COUNTY BOARD
THAT IS INVOLVED IN THE EDUCATION OF THE CHILD; AND

(III)   THE PARENT SURROGATE IS OTHERWISE PROPERLY
QUALIFIED TO BE AN ADVOCATE FOR THE CHILD.

(2)    IF THE STATE BOARD FINDS THAT THE PROPOSED
PARENT SURROGATE IS NOT QUALIFIED TO SERVE, THE STATE BOARD
MAY:

(I)    ASK THE COUNTY BOARD TO MAKE ANOTHER
NOMINATION; OR

(II)   CHOOSE AND APPOINT A PARENT SURROGATE.

(3)   THE STATE BOARD SHALL MAKE A FINAL SELECTION
OR REJECTION WITHIN 10 DAYS AFTER IT RECEIVES A REQUEST FROM
THE COUNTY BOARD.

(4)    THE COUNTY BOARD SHALL BEAR THE COSTS FOR
SELECTION AND APPOINTMENT.

(E)   RULES AND REGULATIONS.

THE STATE BOARD SHALL ADOPT RULES AND REGULATIONS IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT ON THE
QUALIFICATIONS, SELECTION, APPOINTMENT, TRAINING,
COMPENSATION, REMOVAL, AND REPLACEMENT NECESSARY TO
IMPLEMENT THIS SECTION.

(F)   COURT REVIEW OF STATE BOARD DECISION.

ANY PERSON WHO IS AGGRIEVED BY A DECISION OF THE STATE
BOARD ON THE SELECTION AND APPOINTMENT OF A PARENT SURROGATE
MAY SEEK REVIEW OF THE DECISION IN A COURT OF COMPETENT
JURISDICTION.

REVISOR'S NOTE: This section presently appears as Art.
77, §106D-1.