Ch. 323

1996 LAWS OF MARYLAND

(i) The admission, review, and dismissal committee has determined
that the conduct which prompted the disciplinary action was not a manifestation of the
student's [handicapping condition] DISABILITY and the student's parents have not
appealed the determination;

(ii) The admission, review, and dismissal committee has determined in
accordance with regulations adopted by the State Board of Education that the cumulative
effect of 2 or more suspensions totaling more than 10 school days each school year does
not create a pattern of exclusion that significantly impacts upon the student's educational
program and the student's parents have not appealed the determination;

(iii) The student's parents have agreed to an alternative or interim
educational placement; or

(iv) 1. The maintenance of the student's current educational
placement is substantially likely to result in injury to the student or to others;

2.       The student's parents have not agreed to an alternative or
interim educational placement; and

3.       A court of competent jurisdiction has temporarily enjoined
the student from remaining in the student's current educational placement.

(2)     In injunctive proceedings under paragraph (1)(iv)3 of this subsection,
there is a presumption in favor of maintaining the student's current educational
placement. The county superintendent or the superintendent's designated representative
may overcome this presumption by showing that maintaining the student's current
educational placement is substantially likely to result in injury either to the student or to
others.

(3)     Whenever a student has been enjoined from attending the student's
current educational placement under paragraph (1)(iv)3 of this subsection, the county
superintendent shall ensure that the student continues to receive appropriate educational
and related services to the extent practicable.

SECTION 2. AND BE IT FURTHER ENACTED, That should Public Law
103-382, Section 14601 et seq. of the United States Code, Improving America's Schools
Act of 1994, be repealed or otherwise found unenforceable, § 7-304(e) of the Education
Article, as enacted by this Act, shall be abrogated and of no further force and effect, with
no further action required by the General Assembly.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.

Approved April 30, 1996.

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