Sec. 13a.08.07.03-3. Post-Enrollment Educational Decision Making

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "General education decisions" means decisions involving nonspecial education services, including, but not limited to:

(i) Field trip authorization;

(ii) Parent-teacher conferences;

(iii) Signing report cards;

(iv) Guidance office matters;

(v) Choice of academic programs and courses;

(vi) Career program choices;

(vii) Testing authorization;

(viii) Special programs authorization, for example, for sex education or armed forces recruiting;

(ix) Choice of magnet school or other nonzoned schools;

(x) School health-related decisions;

(xi) School discipline;

(xii) Sports and other extracurricular participation; and

(xiii) Parental options under No Child Left Behind.

(b) "Parent surrogate" has the meaning stated in Education Article, §8-412(a)(6), Annotated Code of Maryland.

(c) "Special education decisions" means all decisions relating to identification, evaluation, educational placement, or discipline of a child with a disability as defined in Education Article, §8-401, Annotated Code of Maryland.

B. General Education Decision Making.

(1) The persons authorized to make general education decisions are:

(a) A natural parent, if the natural parent retains educational decision-making authority; or

(b) The placement agency caseworker, or person designated by the caseworker, such as:

(i) A parent, as defined in Regulation .02B(6) of this chapter;

(ii) An education guardian;

(iii) A formal kinship care provider;

(iv) A residential child care program representative; or

(v) A treatment foster care caseworker.

(2) Within 10 days of enrollment in school of the child in State-supervised care, the placement agency caseworker with care and custody of the child shall identify and provide contact information to the receiving school concerning which person listed in §B(1) of this regulation is:

(a) The primary decision maker for general education decisions; and

(b) The secondary decision maker if the primary decision maker is unavailable.

(3) The local school system shall maintain in the student's school record the information provided §B of this regulation.

C. Special Education Decision Making.

(1) The persons authorized to make special education decisions is the parent surrogate or the parent as defined in Regulation .02B(6) of this chapter.

(2) The local superintendent shall appoint a parent surrogate in compliance with the requirements and timelines set forth in Education Article, §8-412, Annotated Code of Maryland.

(3) The local school system shall maintain all parent surrogate documentation in the student record.