Maryland Education Section 8-412

      (a)      (1)      In this section the following words have the meanings indicated.

            (2)      "Child" means an individual under the age of 21 who:

                  (i)      Has been determined through appropriate procedures to be disabled and in need of special education; or

                  (ii)      Is believed to be disabled and in need of special education.

            (3)      "Educational decision making process" means all procedures relating to the identification, evaluation, or educational placement of a child and the provision of a free appropriate public education, including the appeal procedures provided for by § 8-413 of this subtitle.

            (4)      "Local school superintendent" means the school system superintendent or any individual in charge of a system or program that provides educational services to children.

            (5)      (i)      "Parent" means:

                        1.      A child's natural parents;

                        2.      A guardian;

                        3.      A person acting as a parent of a child such as a relative or a stepparent with whom a child lives including those relatives or stepparents who are the foster parents; or

                        4.      Any other individual who is legally responsible for a child's welfare.

                  (ii)      "Parent" does not include a social worker or a foster parent, except as provided in item 3, unless appointed as a parent surrogate.

            (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 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)      "Unavailable" means that a public agency, after reasonable efforts, cannot discover the physical whereabouts of a child's parent.

            (9)      "Unknown" means that a public agency, after reasonable efforts, cannot identify the child's parent.

            (10)      "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)      A public agency 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 parents of the child are unknown or unavailable.

      (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 shall ensure that the person proposed:

                  (i)      Has no interest that conflicts with the interests of the child to be entrusted to that person; and

                  (ii)      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 local school superintendent shall appoint a parent surrogate if that superintendent finds:

                  (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 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 shall notify the requesting public agency of this finding and specify the reasons in writing.

            (3)      If the 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 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 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.

                  (ii)      The notice shall occur within 30 days 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.

            (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.

            (3)      This immunity does not apply to liability covered by any applicable insurance, to the extent of that coverage, or to acts or omissions constituting gross, willful, or wanton negligence.

      (g)      (1)      A public agency may request that the local school superintendent terminate the appointment of a previously assigned parent surrogate for good cause.

            (2)      When a public agency requests that the local school superintendent terminate the appointment of the parent surrogate, the agency shall state the reasons for the action and submit the name and qualifications of another individual who is proposed to be assigned as the new parent surrogate.

      (h)      The State Board shall adopt rules and regulations in accordance with the Administrative Procedure Act on the qualifications, selection, appointment, training, compensation, removal, and replacement necessary to implement this section.