1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) Child in State-Supervised Care.

      1. (a) “Child in State-supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.
      2. (b) “Child in State-supervised care” does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, §22-308, Annotated Code of Maryland.
   2. (2) “Department” means the State Department of Education.
   3. (3) “Education guardian” means the person or entity designated by the court as having educational decision-making authority for the child pursuant to Courts and Judicial Proceedings Article, 3-819(c)(1)(ii), Annotated Code of Maryland.
   4. (4) “Noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland.
   5. (5) “Notice” means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated.

   6. (6) Parent.

      1. (a) “Parent” means:

         1. (i) A child's natural parents;
         2. (ii) A child's adoptive parents;
         3. (iii) A guardian;
         4. (iv) A person acting as a parent of a child such as a relative or a stepparent with whom the child lives;
         5. (v) 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. (vi) Any other individual who is legally responsible for a child's welfare.
      2. (b) “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.

   7. (7) “Placement agency” means:

      1. (a) A local department of social services;
      2. (b) The Maryland Department of Health;
      3. (c) The Department of Juvenile Services; or

      4. (d) A private agency that:

         1. (i) Engages in the placement of children in homes or with individuals; and
         2. (ii) Is licensed by the Social Services Administration under Family Law Article, §5-507, Annotated Code of Maryland.
   8. (8) “Placement or modification of a placement” means a change of the physical residence of a child in State-supervised care.
   9. (9) “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll.
   10. (10) “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling or seeking to enroll in a receiving school.

Authority: Education Article, §§2-205, 2-206, 4-122, 7-101, and 8-501—8-506, Annotated Code of Maryland

Effective date: August 28, 2006 (33:17 Md. R. 1437)

Regulation .02B amended effective June 2, 2008 (35:11 Md. R. 1042)

Regulation .03-1 adopted effective June 2, 2008 (35:11 Md. R. 1042)

Regulation .03-1 amended effective February 18, 2013 (40:3 Md. R. 219)

Regulation .03-2 adopted effective June 2, 2008 (35:11 Md. R. 1042)

Regulation .03-3 adopted effective June 2, 2008 (35:11 Md. R. 1042)

Regulation .03-4 adopted effective June 2, 2008 (35:11 Md. R. 1042)

Regulation .06 adopted effective January 7, 2016 (42:26 Md. R. 1596)