3408

LAWS OF MARYLAND

Ch. 560

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

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

(I)  HAS BEEN DETERMINED THROUGH
APPROPRIATE PROCEDURES TO BE HANDICAPPED AND IN NEED OF
SPECIAL EDUCATION; OR

(II)  IS BELIEVED TO BE HANDICAPPED AND IN
NEED OF SPECIAL EDUCATION.

(3)  "EDUCATIONAL DECISION MAKING PROCESS" MEANS
ALL PROCEDURES RELATING TO THE IDENTIFICATION, EVALUATION,
OR EDUCATIONAL PLACEMENT OF A CHILD AND THE PROVISION OF A
FREE APPROPRIATE PUBLIC EDUCATION, INCLUDING THE APPEAL
PROCEDURES PROVIDED FOR BY § 8-414 8-415 OF THIS ARTICLE.

(4)  "PARENT" MEANS:

(I)  CHILD'S NATURAL PARENTS;

(II)  A GUARDIAN;

(III)  A PERSON ACTING AS A PARENT OF A
CHILD SUCH AS A RELATIVE OR A STEPPARENT WITH WHOM A CHILD
LIVES INCLUDING THOSE RELATIVES OR STEPPARENTS WHO ARE THE
FOSTER PARENTS; OR

(IV)  ANY OTHER INDIVIDUAL WHO IS LEGALLY
RESPONSIBLE FOR A CHILD'S WELFARE.

PARENT DOES NOT INCLUDE A SOCIAL WORKER OR A FOSTER
PARENT, EXCEPT AS PROVIDED IN SUBPARAGRAPH (III), UNLESS
APPOINTED AS A PARENT SURROGATE.

(5)  "PARENT SURROGATE" MEANS A PERSON WHO IS
APPOINTED BY THE STATE SUPERINTENDENT TO ACT IN PLACE OF A
PARENT OF A CHILD IN THE EDUCATIONAL DECISION MAKING
PROCESS.

(6)  "PUBLIC AGENCY" INCLUDES THE STATE
DEPARTMENT OF EDUCATION, LOCAL EDUCATION AGENCIES, AND OTHER
AGENCIES THAT ARE RESPONSIBLE FOR PROVIDING EDUCATION TO
HANDICAPPED CHILDREN, INCLUDING THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, MENTAL HYGIENE ADMINISTRATION, THE MENTAL
RETARDATION ADMINISTRATION, THE JUVENILE SERVICES
ADMINISTRATION, AND THE MARYLAND SCHOOL FOR THE DEAF. FOR
THE PURPOSE OF THIS SECTION THE MARYLAND SCHOOL FOR THE
BLIND SHALL BE CONSIDERED A PUBLIC AGENCY.

(7)  "UNAVAILABLE" MEANS THAT A PUBLIC AGENCY,
AFTER REASONABLE EFFORTS, CANNOT DISCOVER THE PHYSICAL
WHEREABOUTS OF A CHILD'S PARENT.