Ch. 16

1996 LAWS OF MARYLAND

(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 SHALL MAY NOT BE CONSIDERED AN EMPLOYEE OF A
PUBLIC AGENCY FOR THE PURPOSES OF 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 [State Superintendent] LOCAL SCHOOL SUPERINTENDENT shall appoint
a parent surrogate if [ the Superintendent] THAT SUPERINTENDENT finds [ that]:

(i) The child is eligible for the appointment of a parent surrogate in
accordance with subsection (b) 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 (d) of this
section.

(2)     If the [State Superintendent] LOCAL SCHOOL SUPERINTENDENT
finds that the child is not eligible for the appointment of a parent surrogate in accordance
with subsection (b) of this section, the LOCAL SCHOOL [Superintendent]
SUPERINTENDENT shall notify the requesting public agency of this finding and specify
the reasons in writing.

(3)     If the [State Superintendent] LOCAL SCHOOL SUPERINTENDENT
finds that the proposed parent surrogate is not qualified to represent the child in the
educational decision making process in accordance with subsection (d) of this section, the
LOCAL SCHOOL [Superintendent] 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] LOCAL SCHOOL 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.

(5)     (I) THE LOCAL SCHOOL SUPERINTENDENT SHALL NOTIFY, IN
WRITING, THE STATE SUPERINTENDENT OF THE PARENT SURROGATE
APPOINTMENT. THIS

(II) THE NOTICE MUST SHALL OCCUR WITHIN 30 DAYS OF AFTER
THE DAY ON WHICH THE APPOINTMENT IS MADE

(III) THE NOTIFICATION SHALL INCLUDE THE CHILD'S NAME, THE
NAME OF THE PARENT SURROGATE, AND ANY OTHER INFORMATION DEEMED
APPLICABLE.

(f)      (1) A child entrusted to a parent surrogate shall be represented by that
parent surrogate in the educational decision making process.

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