ROBERT L. EHRLICH, JR., Governor                               Ch. 21

Error: Obsolete subtitle designation immediately preceding § 8-401 of
the Education Article.

Occurred: As a result of Ch. 726, Acts of 1998.
8-412.1.

(a) When a child with a disability reaches the age of 18 years, all rights
accorded to parents under the federal Individuals with Disabilities Education Act[, 20
U.S.C. 1400 et seq. 1997,] shall transfer to the child if the child has not been
adjudged incompetent under State law and if there is documentation that:

(1)     The parents are unavailable or unknown as defined in § 8-412 of this
subtitle, the child would be eligible for a parent surrogate, and the child requests that
the parental rights be transferred to the child;

(2)     The parents have not participated in the special education decision
making process for the child after repeated attempts by the local school system to
involve the parents over the previous year as described in COMAR 13A.05.01.07C(7);

(3)     The parents have affirmatively rejected participation in the special
education decision making process;

(4)     The parents cannot participate in the special education decision
making process due to prolonged hospitalization, institutionalization, or serious
illness or infirmity of one or both of the parents and the parents have consented to the
transfer of rights to the child;

(5)     The parents cannot participate in the special education decision
making process due to extraordinary circumstances beyond the control of the parents
and the parents have consented to the transfer of rights to the child; or

(6)     The child is living outside of the parents' home and is not in the care
or custody of another public agency as defined in § 8-412 of this subtitle.

(c) If a child with disabilities who has reached the age of 18 years has been
represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice
required by the FEDERAL Individuals with Disabilities Education Act[, 20 U.S.C.
1400 et seq. 1997,] shall be provided to both the child and to the parent surrogate and
all other rights accorded to the parent surrogate under that Act shall transfer to the
child if the child has not been adjudged incompetent under State law and the child
requests that the rights transfer to the child.

DRAFTER'S NOTE:

Error: Incorrect citation style in § 8-412.1(a); incorrect citation style and
omitted word in § 8-412.1(c) of the Education Article.

Occurred: Ch. 113, Acts of 2002.

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