3410

LAWS OF MARYLAND

Ch. 560

(II) HAS KNOWLEDGE AND SKILLS THAT INSURE
ADEQUATE REPRESENTATION OF THE CHILD.

(2) A PARENT SURROGATE MAY NOT BE AN EMPLOYEE OF
A PUBLIC AGENCY INVOLVED IN THE EDUCATION OF THE CHILD
ENTRUSTED TO THAT PARENT SURROGATE.

(F) (1) IF A PUBLIC' AGENCY FILES A REQUEST FOR THE
APPOINTMENT OF A PARENT SURROGATE, THE STATE SUPERINTENDENT
SHALL APPOINT A PARENT SURROGATE IF THE SUPERINTENDENT FINDS
THAT:

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

(II)  THE PROPOSED PARENT SURROGATE IS
QUALIFIED TO REPRESENT THE CHILD IN THE EDUCATIONAL DECISION
MAKING PROCESS IN ACCORDANCE WITH SUBSECTION (E) OF THIS

SECTION.

(2)  IF THE STATE SUPERINTENDENT FINDS THAT THE
CHILD IS NOT ELIGIBLE FOR THE APPOINTMENT OF A PARENT
SURROGATE IN ACCORDANCE WITH SUBSECTIONS (B) OR (C) OF THIS
SECTION, THE SUPERINTENDENT SHALL NOTIFY THE REQUESTING
PUBLIC AGENCY OF THIS FINDING AND SPECIFY THE REASONS IN
WRITING.

(3)  IF THE STATE SUPERINTENDENT FINDS THAT THE
PROPOSED PARENT SURROGATE IS NOT QUALIFIED TO REPRESENT THE
CHILD IN THE EDUCATIONAL DECISION MAKING PROCESS IN
ACCORDANCE WITH SUBSECTION (E) OR THIS SECTION, THE
SUPERINTENDENT MAY:

(I)  REQUEST THE PUBLIC AGENCY TO PROPOSE
ANOTHER PARENT SURROGATE WHO IS QUALIFIED; OR

(II)  SELECT AND APPOINT A PARENT SURROGATE
WHO IS QUALIFIED.

(4) THE STATE SUPERINTENDENT SHALL MAKE A FINAL
SELECTION OR REJECTION OF A PARENT SURROGATE WITHIN 10 DAYS
AFTER IT RECEIVES A REQUEST WHICH INCLUDES APPROPRIATE
ELIGIBILITY DOCUMENTATION FROM A PUBLIC AGENCY.

(G) (1) A CHILD ENTRUSTED TO A PARENT SURROGATE SHALL
BE REPRESENTED BY THAT PARENT SURROGATE IN THE EDUCATIONAL
DECISION MAKING PROCESS.

(2) A PARENT SURROGATE IS NOT LIABLE TO THE
CHILD ENTRUSTED TO THAT PARENT SURROGATE OR TO THE PARENT OF
THAT CHILD FOR ANY DAMAGES THAT RESULT FROM ACTS OR
OMISSIONS OF THAT PARENT SURROGATE CONSTITUTING ORDINARY
NEGLIGENCE.