HARRY HUGHES, Governor

3409

(8)  "UNKNOWN" MEANS THAT A PUBLIC AGENCY, AFTER
REASONABLE EFFORTS, CANNOT IDENTIFY THE CHILD'S PARENT.

(9)  "WARD OF THE STATE" MEANS A CHILD FOR WHOM A
STATE OR COUNTY AGENCY OR OFFICIAL HAS BEEN APPOINTED LEGAL
GUARDIAN, OR WHO HAS BEEN COMMITTED BY A COURT OF COMPETENT
JURISDICTION TO THE LEGAL CUSTODY OF A STATE OR COUNTY
AGENCY OR OFFICIAL WITH THE EXPRESS AUTHORIZATION THAT THE
STATE OR COUNTY AGENCY OR OFFICIAL MAKE EDUCATIONAL
DECISIONS FOR THE CHILD.

(B)  A PUBLIC AGENCY SHALL REQUEST THAT THE STATE
SUPERINTENDENT APPOINT A PARENT SURROGATE TO REPRESENT A
CHILD IN THE EDUCATIONAL DECISION MAKING PROCESS IF:

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

(2)  THE PARENTS OF THE CHILD ARE UNKNOWN OR
UNAVAILABLE.

(C)  SUBJECT TO APPLICABLE BYLAWS, RULES, AND
REGULATIONS OF THE STATE BOARD, A PUBLIC AGENCY MAY REQUEST
THAT THE STATE SUPERINTENDENT APPOINT A PARENT SURROGATE IF
A CHILD IS IN THE CARE AND CUSTODY OF A STATE OR COUNTY
AGENCY OR OFFICIAL AND THE PARENTS OF THE CHILD HAVE
VOLUNTARILY GIVEN WRITTEN CONSENT FOR THE APPOINTMENT OF A
PARENT SURROGATE.

(D)  ANY REQUEST TO THE STATE SUPERINTENDENT FOR THE
APPOINTMENT OF A PARENT SURROGATE UNDER SUBSECTION (B) OR
(C) SHALL INCLUDE:

(1)  THE NAME, DATE OF BIRTH, SEX, LEGAL
DOMICILE, AND PRESENT RESIDENCE OF THE CHILD;

(2)  A STATEMENT THAT THE CHILD IS ELIGIBLE FOR
THE APPOINTMENT OF A PARENT SURROGATE IN ACCORDANCE WITH
SUBSECTION (B) OR (C) OF THIS SECTION;

(3)  DOCUMENTATION, AS APPLICABLE, OF THE EFFORTS
MADE TO IDENTIFY THE PARENT IF UNKNOWN OR TO LOCATE THE
PARENT IF UNAVAILABLE, OR THE VOLUNTARY WRITTEN CONSENT OF
THE PARENT FOR THE APPOINTMENT OF A PARENT SURROGATE; AND

(4)  THE NAME AND QUALIFICATIONS OF THE PROPOSED
PARENT SURROGATE WHOM THE PUBLIC AGENCY CONSIDERS TO BE
QUALIFIED TO REPRESENT THE CHILD IN THE EDUCATIONAL DECISION
MAKING PROCESS.

(E) (1) THE PUBLIC AGENCY REQUESTING THE APPOINTMENT
OF A PARENT SURROGATE SHALL INSURE THAT THE PERSON PROPOSED:

(I) HAS NO INTEREST THAT CONFLICTS WITH
THE INTERESTS OF THE CHILD TO BE ENTRUSTED TO THAT PERSON;
AND