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Ch. 456
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Martin O'Malley, Governor
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(ii) "Parent" does not include a social worker or other employee
of a public agency who is responsible for the education or care of the child.
(6) "Parent surrogate" means a person who is appointed by the local
school superintendent to act in place of a parent of a child in the educational decision
making process.
(7) "Public agency" includes the State Department of Education, local
education agencies, and other agencies that are responsible for providing education to
a child with a disability, including the Department of Health and Mental Hygiene,
Mental Hygiene Administration, the Mental Retardation DEVELOPMENTAL
DISABILITIES Administration, the Department of Juvenile Services, and the
Maryland School for the Deaf. For the purpose of this section the Maryland School for
the Blind shall be considered a public agency.
(8) "Unaccompanied homeless [child] YOUTH" means a [child who is
considered homeless] HOMELESS YOUTH, as defined by the McKinney-Vento
Homeless Assistance Act, WHO IS NOT EN THE PHYSICAL CUSTODY OF A PARENT
OR GUARDIAN.
(9) "Unavailable" means that a public agency, after reasonable efforts,
cannot discover the physical whereabouts of a child's parent.
(10) "Unknown" means that a public agency, after reasonable efforts,
cannot identify the child's parent.
(11) "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) 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;
(2) The child is an unaccompanied homeless [child] YOUTH; or
(3) (i) The parents of the child are unknown or unavailable; and
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- 2717 -
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