MD Code, Education, § 8-412 Page 1

West's Annotated Code of Maryland Currentness

Education
Division II. Elementary and Secondary Education [Titles 2-9]
Title 8. Special Programs for Exceptional Children (Refs & Annos)
Subtitle 4. Children with Disabilities (Refs & Annos)
§ 8-412. Appointment of parent surrogates

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

(2) “Child” means an individual who is eligible to receive education services in accordance with the Individu-
als with Disabilities Education Act [FN1] and applicable State law and regulation.

(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 the administrative head in
charge of a public agency as defined in paragraph (7) of this subsection that provides educational services to
children.

(5)(i) “Parent” means:

1. A child's natural parents;

2. A child's adoptive parents;

3. A guardian;

4. A person acting as a parent of a child such as a relative or a stepparent with whom a child lives;

5. A foster parent with whom a child lives if the foster parent has been granted limited guardianship for
educational decision making purposes by the court that has placed the child in foster care; or

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

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MD Code, Education, § 8-412 Page 2

(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 Developmental Disabilities Administration, the De-
partment 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 youth” means a homeless youth, as defined by the McKinney-Vento Homeless
Assistance Act [FN2], who is not in the physical custody of a parent or guardian.

(9) “Unavailable” means that a public agency, after reasonable efforts, cannot discover the physical where-
abouts 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 edu-
cational decisions for the child.

(b) Public agency personnel shall request that the local school superintendent appoint a parent surrogate to rep-
resent a child at any point in the educational decision making process if it is suspected that the child may be dis-
abled and if:

(1) The child is a ward of the State;

(2) The child is an unaccompanied homeless youth; or

(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:

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MD Code, Education, § 8-412 Page 3

(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 subsec-
tion (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) The local school superintendent shall ensure that the person proposed to serve as the child's parent surrogate:

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

(2) Has knowledge and skills that ensure adequate representation of the child.

(e)(1) The local school superintendent shall appoint a parent surrogate not more than 30 days after a determina-
tion of need, if 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

(ii) The proposed parent surrogate is qualified to represent the child in the educational decision making pro-
cess 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 surrog-
ate in accordance with subsection (b) of this section, the local school superintendent shall notify the request-
ing individual 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 public agency personnel to propose the appointment of another parent surrogate who is quali-
fied; or

(ii) Select and appoint a parent surrogate who is qualified.

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MD Code, Education, § 8-412 Page 4

(4)(i) The local school superintendent shall notify the State Superintendent in writing 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 informa-
tion deemed applicable.

(f)(1) A child entrusted to a parent surrogate shall be represented by that parent surrogate in the educational de-
cision 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 cover-
age, or to acts or omissions constituting gross, willful, or wanton negligence.

(g)(1) The local school superintendent may terminate the appointment of a previously assigned parent surrogate
for good cause.

(2) When the local school superintendent terminates the appointment of the parent surrogate, the local school
superintendent shall state the reasons for the action and notify the State Superintendent, in writing, of the ter-
mination of a previously appointed parent surrogate.

(3) The local school superintendent shall submit the name and qualifications of another individual who is as-
signed as the new parent surrogate if the child continues to require a parent surrogate in accordance with sub-
section (b) of this section.

(h) The State Board shall adopt rules and regulations in accordance with the Administrative Procedure Act
[FN3] on the qualifications, selection, appointment, training, compensation, removal, and replacement necessary
to implement this section.

CREDIT(S)

Acts 1978, c. 22, § 2; Acts 1981, c. 597; Acts 1982, c. 560; Acts 1983, c. 8; Acts 1984, c. 255; Acts 1985, c. 10,
§ 3; Acts 1987, c. 290, § 9; Acts 1988, c. 6, § 10; Acts 1989, c. 539, § 7; Acts 1991, c. 89; Acts 1995, c. 8, § 4,
eff. June 1, 1995; renumbered by Acts 1996, c. 10, § 16, eff. April 9, 1996; Acts 1996, c. 16, § 1, eff. July 1,
1996; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 726, § 1, eff. July 1, 1998. Amended by Acts
2003, c. 53, § 4, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2006, c. 44, § 6, eff. April 8,

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MD Code, Education, § 8-412 Page 5

2006; Acts 2006, c. 233, § 1, eff. July 1, 2006; Acts 2007, c. 456, § 1, eff. Oct. 1, 2007.

Formerly Art. 77, § 106D-1.

[FN1] Pub.L. 91-230, Title VI, Apr. 13, 1970, 84 Stat. 175 to 188, codified at 20 USCA 1400 et seq.

[FN2] Pub.L. 100-77, July 22, 1987, 101 Stat. 482, codified at 42 USCA 11301 et seq.

[FN3] State Government § 10-101 et seq.

HISTORICAL AND STATUTORY NOTES

2006 Legislation

Acts 2006, c. 44, § 6, in subsec. (a)(5)(i)5., corrected spelling.

Acts 2006, c. 233, § 2, provides:

“SECTION 2. AND BE IT FURTHER ENACTED, That all laws or parts of laws, public general or public local,
inconsistent with this Act, are repealed to the extent of the inconsistency.”

CROSS REFERENCES

Administrative Procedure Act, see State Government, § 10-101 et seq.

LIBRARY REFERENCES

Guardian and Ward 13.

Westlaw Key Number Search: 196k13.
C.J.S. Guardian and Ward §§ 11, 20 to 29.

NOTES OF DECISIONS

Function of county boards 1

1. Function of county boards

Functions of county board of education do not include custody or guardianship of children. In re Roger S., 1995,
658 A.2d 696, 338 Md. 385. Schools 48(6)

MD Code, Education, § 8-412, MD EDUC § 8-412

The statutes and Constitution are current through all chapters of the 2010 Regular Session of the General As-
sembly, effective through July 1, 1020.

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MD Code, Education, § 8-412 Page 6

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