726

LAWS OF MARYLAND

Ch. 240

resides in Baltimore City, to any one of the three common
law courts of the Supreme Bench.

106D.

(b.) Upon the adoption of standards by the State
Board of Education, each local board of education shall
promptly and diligently develop a plan for the provision
of special educational services in accordance with such
standards. Such plan shall provide for the education of
all handicapped children, including those who are
severely handicapped, whose parents or guardians are
domiciled within the county. Prior to the adoption of a
local plan, the local board of education shall consult
with public and private agencies and persons concerned
with and knowledgeable about the problems of children in
need of special educational services. Nothing herein
shall preclude a local board of education from developing
a plan which exceeds the State standards. The State
Department of Education shall provide reasonable
assistance to the local boards of education in the
development of the plan. The local plan shall provide
for full implementation of programs within [five] SIX
years on an annual phase—in basis. Each local board of
education shall submit its plan to the State
Superintendent of Schools within nine months after
adoption of the standards by the State Board of
Education, with implementation to commence with the
school year next following submission of the plan.
"Local board of education," as used in this subtitle,
includes the Board of School Commissioners of Baltimore
City, and "county," as used in this subtitle, includes
Baltimore City.

SECTION [[3]] 2. AND BE IT FURTHER ENACTED, That
new Section 106D(g) be and it is hereby added to Article
77 — Public Education, of the Annotated Code of Maryland
(1975 Replacement Volume and 1975 Supplement) to read as
follows:

Article 77 — Public Education

106D.

(G) A CHILD IN NEED OF SPECIAL EDUCATIONAL
SERVICES THAT ARE NOT THEN PROVIDED IN A PUBLIC COUNTY,
REGIONAL, OR STATE PROGRAM SHALL BE PLACED IN AN
APPROPRIATE NONPUBLIC EDUCATIONAL PROGRAM OFFERING THESE
SERVICES. THE COST OF THE NONPUBLIC EDUCATIONAL PROGRAM
SHALL BE PAID BY THE STATE AND THE COUNTY IN WHICH THE
CHILD IS DOMICILED IN ACCORDANCE WITH § 106E-3(D) OR
§106E-4(D), AS APPLICABLE. HOWEVER, PAYMENT OR
REIMBURSEMENT FOR A NONPUBLIC PROGRAM MAY NOT BE PROVIDED
UNLESS (1) THE NONPUBLIC PROGRAM, (2) THE PLACEMENT IN
IT, (3) THE COST OF THE PROGRAM, AND (4) THE AMOUNT OF
PAYMENT OR REIMBURSEMENT, ARE APPROVED BY THE STATE
DEPARTMENT OF EDUCATION. AS PART OF THE AUTHORITY
GRANTED TO IT BY SUBSECTION (A) OF THIS SECTION, THE