Ch. 769                          MARVIN MANDEL, Governor                              1603

read as follows:
22-92.

Nothing in this sub-heading contained shall be construed to prevent any Judge
of the Supreme Bench in suspending sentence and placing on probation [or
paroling] any person accused of crime either before or after conviction or plea of
guilty or nolo contendere in the custody of or under the supervision of any person
or agency other than a State or local governmental agency.

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

Approved May 24, 1973.

CHAPTER 770
(House Bill 387)

AN ACT to add new Section 100A to Article 77 of the Annotated Code of
Maryland (1969 Replacement Volume and 1972 Supplement), title "Public
Education," subtitle "Handicapped Children," to follow immediately after
Section 100 thereof,, to provide a right of review within a certain time of a
handicapped child's diagnosis and educational program under certain
circumstances; to provide for the appointment, powers and compensation of
boards of review; and to establish [[the procedure]] certain procedures for such
review [[and appeals therefrom]].

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That new Section 100A be and it is hereby added to Article 77 of
the Annotated Code of Maryland (1969 Replacement Volume and 1972
Supplement), title "Public Education," subtitle "Handicapped Children," to follow
immediately after Section 100 thereof and to read as follows:

100A.

(A)     AFTER EXHAUSTION OF ALL LOCALLY AVAILABLE
ADMINISTRATIVE REMEDIES AND PROCEDURES. A PARENT OR
GUARDIAN OF A MENTALLY, PHYSICALLY OR EMOTIONALLY
HANDICAPPED CHILD OR THE BOARD OF EDUCATION
RESPONSIBLE FOR PROVIDING SPECIAL EDUCATION FOR SUCH A
CHILD, WITH [[DUE]] GOOD CAUSE, MAY REQUEST IN WRITING
TO THE STATE BOARD OF EDUCATION, A REVIEW OF (1)
DIAGNOSIS, (2) EVALUATION OF EDUCATIONAL PROGRAMS
PROVIDED FOR THE CHILD BY THE LOCAL OR REGIONAL BOARD
OF EDUCATION, OR (3) THE EXCLUSION OR EXEMPTION FROM
SCHOOL PRIVILEGES OF THE CHILD BY THE LOCAL OR REGIONAL
BOARD OF EDUCATION.

(B)  THE STATE BOARD OF EDUCATION SHALL, ON RECEIPT OF
REQUEST FOR A REVIEW WITHIN 60 DAYS. ESTABLISH A HEARING
BOARD OF NOT LESS THAN THREE PERSONS KNOWLEDGEABLE IN
THE FIELDS AND AREAS SIGNIFICANT TO THE EDUCATIONAL
REVIEW OF THE CHILD. MEMBERS OF THE HEARING BOARD MAY
BE EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION OR