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2212 LAWS OF MARYLAND Ch. 413
State and local level for due process involving the
education of handicapped children; establishing
certain qualifications for a person serving as a
hearing officer or on a hearing board; and generally
relating to due process procedures for education of
handicapped children.
BY repealing and reenacting, with amendments,
Article 77 — Public Education
Section 100A
Annotated Code of Maryland
(1975 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 100A of Article 77 - Public
Education, of the Annotated Code of Maryland (1975
Replacement Volume and 1976 Supplement) be and it is
hereby repealed and reenacted, with amendments, to read
as follows:
Article 77 - Public Education
100A.
(A) "LOCAL BOARD OF EDUCATION", AS USED IN THIS
SECTION, INCLUDES THE BOARD OF SCHOOL COMMISSIONERS OF
BALTIMORE CITY.
(B) AFTER A PLACEMENT DECISION BY THE LOCAL BOARD
OF EDUCATION FOR A CHILD WHO IS MENTALLY, PHYSICALLY OR
EMOTIONALLY HANDICAPPED HAS BEEN RENDERED, THE PARENT OR
GUARDIAN Of THE HANDICAPPED CHILD MAY REQUEST IN WRITING
TO THE LOCAL BOARD OF EDUCATION A REVIEW OF THE PLACEMENT
DECISION. WITHIN 45 60 DAYS OF RECEIPT OF THIS REQUEST
FOR A REVIEW, THE LOCAL BOARD OF EDUCATION SHALL APPOINT
A HEARING OFFICER OR BOARD OF PERSONS KNOWLEDGEABLE IN
THE FIELDS AND AREAS SIGNIFICANT TO THE EDUCATIONAL
REVIEW OF THE HANDICAPPED CHILD TO HEAR AND RENDER A
DECISION. WITHIN THE SAME 45 60-DAY PERIOD, THE HEARING
OFFICER OR BOARD OF PERSONS SHALL REVIEW THE PLACEMENT
AND RENDER ITS DECISION. THE HEARING OFFICER OR MEMBERS
OF THE HEARING BOARD MAY NOT BE EMPLOYEES OF THE LOCAL
BOARD OF EDUCATION WHICH HAS DIRECT RESPONSIBILITY FOR
THE EDUCATION OR CARE OF THE CHILD OR ANY PERSON HAVING
AN INTEREST WHICH WOULD CONFLICT WITH HIS OR HER
OBJECTIVITY IN THE HEARING.
(a) (C) 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 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
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