HARRY HUGHES, Governor

2539

(ii) The placement of the child in the
program;

(iii) The cost of the program; and

(iv) The amount of payment or
reimbursement.

(2)  Department approval is not required for a
nonpublic program if:

(i) The county board approves the
placement of the child in the program;

(ii) The county board makes the payment or
reimbursement from funds available to the county board
established under Section 8-417.3(c) and (d) (1) of this
subtitle; and

(iii) The placement does not require an
additional State contribution under § 8-417.2(d)(2) or §
8-417.3(d)(2) of this subtitle.

(3)  The State Board shall adopt bylaws that
establish standards and guidelines for approvals required by
(2) of this subsection.

(d)  A nonpublic placement recommended by a county
board for approval under subsection (c)(1) of this section
shall be approved or disapproved pursuant to the bylaws of
the State Board. However, the Department may not disapprove
a nonpublic placement recommended by a county board for a
child unless the Department provides an appropriate
alternative placement in conformity with the bylaws of the
State Board and applicable federal laws and regulations.
The Department may not terminate funding for the last
approved nonpublic placement of a child during the pendency
of an administrative or judicial review of a recommended
placement change.

(e)  (1) Except for a placement that results from an
appeal from a decision of the Department taken under the
Administrative Procedure Act, a child may not be placed in a
nonpublic educational program at public expense by any court
unless the placement is in accordance with this section.

(2)  The Department shall be notified of each
case in which the placement of a child in a nonpublic
educational program at public expense is sought or is under
consideration by a court.

(3)  The Department shall be made a party to the
proceeding.