MARVIN MANDEL, Governor

727

STATE BOARD OF EDUCATION SHALL ADOPT BYLAWS SETTING FORTH
STANDARDS AND GUIDELINES FOR THESE APPROVALS. [[A CHILD
MAY NOT BE PLACED IN A NONPUBLIC EDUCATIONAL PROGRAM AT
PUBLIC EXPENSE BY ANY COURT EXCEPT IN ACCORDANCE WITH
THIS SUBSECTION (G).]] EXCEPT FOR A PLACEMENT RESULTING
FROM AN APPEAL FROM A DECISION OF THE STATS DEPARTMENT OF
EDUCATION TAKEN UNDER THE ADMINISTRATIVE PROCEDURES ACT,

A CHILD MAY NOT BE PLACED IN A NONPUBLIC EDUCATIONAL

PROGRAM AT PUBLIC EXPENSE BY ANY COURT UNLESS THE

PLACEMENT IS IN ACCORD WITH THIS SUBSECTION (G). THE
STATE DEPARTMENT OF EDUCATION SHALL BE NOTIFIED OF EVERY
CASE IN WHICH PLACEMENT OF A CHILD IN A NONPUBLIC
EDUCATIONAL PROGRAM AT PUBLIC EXPENSE IS SOUGHT OR IS
UNDER CONSIDERATION BY THE COURT, AND SHALL BE MADE A
PARTY TO THE PROCEEDING.

SECTION [[4]] 3. AND BE IT FURTHER ENACTED, That
new Sections 106E—1 through 106E—7, inclusive, to be
under new Chapter 7D. "State and Local Financial
Assistance for Special Educational Services" be and they
are 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

CHAPTER 7D.

STATE AND LOCAL FINANCIAL ASSISTANCE FOR

SPECIAL EDUCATIONAL SERVICES

106E-1. PURPOSE.

THE PURPOSE OF THIS CHAPTER IS TO PROVIDE A FORMULA
FOR FUNDING THE PROGRAMS REQUIRED UNDER §106D OF THIS
ARTICLE, AND TO FIX THE OBLIGATION OF THE STATE AND THE
COUNTIES WITH RESPECT TO SUCH FUNDING THROUGH FISCAL YEAR
1981 .

106E-2. DEFINITIONS.

(A)    AS USED IN THIS CHAPTER, THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(B)    "BASIC COST", AS TO EACH COUNTY, MEANS THE
AVERAGE AMOUNT EXPENDED BY THE COUNTY FROM COUNTY, STATE,
AND FEDERAL SOURCES FOR THE PUBLIC EDUCATION OF A
NONHANDICAPPED CHILD. THE TERM DOES NOT INCLUDE AMOUNTS
SPECIFICALLY ALLOCATED AND EXPENDED FOR IDENTIFIABLE
COMPENSATORY PROGRAMS FOR DISADVANTAGED CHILDREN.

(C)    "COUNTY" INCLUDES BALTIMORE CITY AND, WHERE
APPROPRIATE, "COUNTY BOARD OF EDUCATION" INCLUDES THE
MAYOR AND CITY COUNCIL OF BALTIMORE CITY.

(D)    "EXCESS COST" MEANS THE COST OF PROVIDING
SPECIAL EDUCATIONAL SERVICES UNDER §106D OF THIS ARTICLE
IN EXCESS OF THE BASIC COST DEFINED IN SUBSECTION (B) OF
THIS SECTION, BUT EXCLUDING (I) FEDERAL FUNDS RECEIVED OF