J. MILLARD TAWES, Governor                      701

CHAPTER 406
(House Bill 557)

AN ACT to repeal and re-enact, with amendments, Sections 231 (a)
and 241 (b) and (c) of Article 77 of the Annotated Code of
Maryland (1965 Replacement Volume), title "Public Education,"
subtitle "Chapter 23. School Attendance," to make the compul-
sory school attendance law applicable to children with mental or
physical handicaps and to change requirements for funds for such
children and for reimbursement to the parents of certain children
receiving education outside the public school system.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 231 (a) and 241 (b) and (c) of Article 77 of the An-
notated Code of Maryland (1965 Replacement Volume), title "Pub-
lic Education," subtitle "Chapter 23. School Attendance," be and
they are hereby repealed and re-enacted, with amendments, to read
as follows:

231.

(a) Every child residing in Baltimore City and in any county in
the State between seven and sixteen years of age shall attend some
day school regularly as defined in Section 233 of this Article, during
the entire period of each year, the public day schools in said city
or county in which said child resides are in session, unless it can
be shown that the child is elsewhere receiving regularly thorough
instruction during said period in the studies usually taught in said
public schools to children of the same age; provided that the su-
perintendent or principal of any school, or persons duly authorized
by said superintendent or principal may excuse cases of necessary
absence among its enrolled pupils; and provided further, that the
provisions of this section shall [not] apply to a child [whose mental
or physical condition is such as to render its instruction as above
described inexpedient or impracticable.] who has a mental or phys-
ical handicap and special instruction as expedient or practicable
shall be rendered as above described. In any such instance it shall be
within the discretion of the superintendent of schools of the par-
ticular county or of Baltimore City, acting with the advice of the
school principal, supervisor, pupil personnel supervisor or visiting
teacher, to permit the withdrawal of any such pupil who has reached
the age of fourteen years and who in the judgment of such person
or persons can no longer profit from further continuance in school.
ATTENDANCE AND WITHDRAWAL AS IT PERTAINS TO A
MENTALLY OR PHYSICALLY HANDICAPPED PUPIL SHALL
BE AT THE DISCRETION OF THE SUPERINTENDENT OF
SCHOOLS OF THE PARTICULAR COUNTY OR BALTIMORE
CITY ACTING WITH THE ADVICE OF THE SCHOOL PRIN-
CIPAL AND THE SUPERVISOR OF SPECIAL EDUCATION.
Every person having under his control a child between seven and
sixteen years of age shall cause such child to attend school or re-
ceive instruction as required by this section. Nothing in the pro-
vision of this section shall be construed to require the school at-
tendance of any child who shall have been legally withdrawn from
school before July 1, 1949.