Ch. 534                             MARVIN MANDEL, Governor                                 1167

92.

(a)  Every child between six and sixteen years of age residing in the State shall
attend some public school regularly during the entire period of each school year,
unless it can be shown that the child is elsewhere receiving regular, thorough
instruction during [said] THE period in the studies usually taught in [said] THE
public schools to children of the same age; provided that the superintendent or
principal of any school, or persons duly authorized by [said] THE superintendent
or principal may excuse cases of necessary absence among its; enrolled pupils. The
provisions of this section shall apply to any child who has a mental, emotional or
physical handicap [and who under the bylaws, rules and regulations of the State
Board of Education is educable and qualified for special instruction as provided for
in this article; and provided further, that]. HOWEVER, the provisions of this
section shall not apply to a child whose mental, emotional, or physical condition is
such as to render his instruction as above described detrimental to his progress nor
shall it apply to a child whose presence in school constitutes a danger of serious
physical harm to others. In any such instance it shall be within the discretion of
the superintendent of schools of the particular county or of Baltimore City, acting
with the advice of the school principal, supervisor, pupil personnel supervisor, or
visiting teacher, and with the written recommendation of a licensed physician or
certified psychologist, [to permit the withdrawal] TO MAKE OTHER
APPROPRIATE PROVISION FOR THE FREE EDUCATION of any pupil to
whom [[in the judgment of [such I THAT person or persons TO WHOM]] the
above provisions apply, OR TO PERMIT THE PARENTS OR GUARDIANS
OF THAT PUPIL TO WITHDRAW HIM FROM PUBLIC SCHOOL, FOR
AS LONG AS [Withdrawal as it pertains to mentally, emotionally or physically
handicapped pupils shall not be construed as to exclude permanently the return of
any pupil whose condition improves to the degree that] the child's attendance in a
public school [is no longer] CONTINUES TO BE detrimental to his progress [.
Neither shall any provision of this section be construed as to exclude permanently
any pupil whose] OR HIS presence in school [no longer constitutes]
CONTINUES TO CONSTITUTE a danger of serious physical harm to others.
When a child is withdrawn from the public school as provided in this section the
board of education of the particular county or of Baltimore City shall make some
other appropriate provision for the child's education. If no appropriate educational
placement is immediately available the board of education of the particular county
or Baltimore City shall make some interim provisions for the child's education
until such time as appropriate placement becomes available. Every person having
under his control a child between six and sixteen years of age shall cause [such]
THAT child to attend school or receive instruction as required by this section.
Nothing in the provision of this section shall be construed to require the school
attendance of any child who shall have been legally withdrawn from school before
July 1, 1969.

(b)  Any person violating any provisions of this section shall be deemed guilty of
a misdemeanor and be fined not exceeding fifty dollars ($50.00) for each offense.

(c)  Any person who induces or attempts to induce a child to absent himself
unlawfully from school or employs or harbors while school is in session any child
absent unlawfully from school shall be deemed guilty of a misdemeanor and be
fined not more than fifty dollars ($50.00).

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.