HARRY HUGHES, Governor

3407

(d) (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)  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)  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.

(g) (1) A parent surrogate appointed pursuant to the
provisions of this section may not be liable to the child
entrusted to such parent surrogate or the parents or
guardian of such child for any civil damages which result
from acts or omissions of such parent surrogate which
constitute ordinary negligence.

(2) This immunity does not apply to liability
covered by any applicable insurance to the extent of that
coverage, or to acts or omissions constituting gross,
willful, or wanton negligence.]