794                                        LAWS OF MARYLAND                                Ch. 358

Approved May 21, 1973.

CHAPTER 359

(Senate Bill 649)

AN ACT to add new Sections 106A and 106B to Article 77 of the Annotated
Code of Maryland (1969 Replacement Volume [[and 1972 Supplement]]), title
"Public Education,'" to be under the new subtitle "Chapter 7A. Special
Educational Services," to follow immediately after Section 106 of said Article
and title, subtitle "Chapter 7. Handicapped Children," I [to repeal Sections 99,
100, 101 and 102 of said Article]] [[, title, and subtitle]] [[effective July 1,
1975,]] of the Code (1969 Replacement Volume and 1972 Supplement),
subtitle, "Chapter 7. Handicapped Children." to provide for a comprehensive
program of special educational services for handicapped children, including
those who are severely handicapped, in the State, to require the State Board of
Education to promulgate by-laws for the identification, diagnosis, examination
and education of children in need of special educational services, to define
"special educational services," to provide guidelines for such by-laws, to require
local Boards of Education to develop plans for the provision of special
educational services in accordance with State by-laws, to provide for review and
approval of such plans by the State Superintendent of Schools and State Board
of Education, to empower the said Superintendent and Board to develop such
plans under certain circumstances, to require local boards of education to
implement approved plans, to provide for the effect of this Act on certain
existing programs of special education [[to provide for State and local
contributions to the funding of such plans,]] and generally relating to the
provision of special educational services by the State and local governments.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 106A and 106B be and they are hereby added
to Article 77 of the Annotated Code of Maryland (1969 Replacement Volume
[land 1972 Supplement]]), title "Public Education," to be under the new subtitle
"Chapter 7A. Special Educational Services," to follow immediately after Section
106 of said Article and title, subtitle "Chapter 7. Handicapped Children," and to
read as follows:

CHAPTER 7A. SPECIAL EDUCATIONAL SERVICES.

106A. [[DUTIES OF EDUCATION AGENCIES.]]

(A) THE STATE AND ITS SEVERAL COUNTIES SHALL MAKE
AVAILABLE FREE EDUCATIONAL PROGRAMS FOR ALL
HANDICAPPED CHILDREN, INCLUDING THOSE CHILDREN WHO
ARE SEVERELY HANDICAPPED, [[LIVING WITHIN THE
BOUNDARIES OF THEIR SCHOOL SYSTEMS.]] IN ACCORDANCE
WITH THIS [[SUBTITLE]] SECTION. THE STATE BOARD OF
EDUCATION SHALL, IN THE FORM OF BY-LAWS, PROMULGATED
ON OR BEFORE JULY 1, 1974, ADOPT STANDARDS FOR THE
IDENTIFICATION, DIAGNOSIS, EXAMINATION, AND EDUCATION OF
ALL CHILDREN IN THIS STATE THROUGH AGE 20 WHO ARE FOUND
TO BE. IN NEED OF SPECIAL EDUCATIONAL SERVICES, WHETHER
OR NOT SUCH CHILDREN ARE RECEIVING NON-DUPLICATIVE
SERVICES FROM OTHER GOVERNMENTAL AGENCIES. SAID