|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 233
|
|
2006 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
(b) [A public] PUBLIC agency PERSONNEL shall request that the local school
superintendent appoint a parent surrogate to represent a child at any point in the
educational decision making process if it is suspected that the child may be disabled
and if:
(1) The child is a ward of the State; [or]
(2) THE CHILD IS AN UNACCOMPANIED HOMELESS CHILD; OR
[(2)] (3) (I) The parents of the child are unknown or unavailable; AND
(II) THE CHILD'S RIGHTS HAVE NOT BEEN TRANSFERRED IN
ACCORDANCE WITH § 8-412.1 OF THIS SUBTITLE.
(c) Any request to the local school superintendent for the appointment of a
parent surrogate under subsection (b) of this section 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) of this section;
(3) Documentation, as applicable, of the efforts made to identify the
parent if unknown or to locate the parent if unavailable; 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.
(d) [(1)] The [public agency requesting the appointment of a parent
surrogate] LOCAL SCHOOL SUPERINTENDENT shall ensure that the person proposed
TO SERVE AS THE CHILD'S PARENT SURROGATE:
[(i)] (1) Has no interest that conflicts with the interests of the
child to be entrusted to that person; and
[(h)] (2) Has knowledge and skills that ensure adequate
representation of the child.
[(2) A parent surrogate may not be an employee of a public agency
involved in the care and education of the child entrusted to that parent surrogate,
except that a foster parent may not be considered an employee of a public agency
under this section solely because the foster parent receives public funds for the care of
the child.]
(e) (1) [If a public agency files a request for the appointment of a parent
surrogate, the] THE local school superintendent shall appoint a parent surrogate NOT
MORE THAN 30 DAYS AFTER A DETERMINATION OF NEED, if [that] THE LOCAL
SCHOOL superintendent finds:
(i) The child is eligible for the appointment of a parent surrogate in
accordance with subsection (b) of this section; and
- 1374 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
