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2213
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MARVIN MANDEL, Governor
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exclusion or exemption from school privileges of the
child by the local or regional board of education.
(b) (D) 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 QUALIFIED persons
knowledgeable in the fields and areas significant to the
educational review of the child. Members of the hearing
board may NOT be employees of the State Department of
Education [or may be qualified personal from outside the
department]. [No] A person [shall] MAY NOT serve
member of the hearing board who participated in the
previous diagnosis, evaluation, prescription of special
educational services, and other educational records of
the child, which records shall be furnished by the local
or regional board of education A PERSON MAY NOT SERVE AS
A MEMBER OF THE HEARING BOARD IF HE OR SHE (1) IS AN
EMPLOYEE OF THE STATE BOARD OF EDUCATION OR OF THE LOCAL
BOARD OF EDUCATION WHICH IS INVOLVED IN THE EDUCATION OR
CARE OF THE CHILD OR (2) HAS AS INTEREST WHICH WOULD
CONFLICT WITH HIS OR HER OBJECTIVITY IN THE HEARING.
(c) (E) The hearing board may dismiss any
request for review, which after a review of the
educational records of the child, it deems to be have been
made without good cause. The hearing board may hear any
testimony as it shall deem relevant. The board may
require a complete and independent diagnosis, evaluation
and prescription of educational programs by qualified
persons, the cost of which shall be paid by the State
Board of Education.
(d) (F) Subject to the provisions of § 106D(g),
the hearing board shall have the authority to] MAY
conform, modify, or reject any diagnosis, evaluation,
educational program prescribed or exclusion or exemption
from school privileges and prescribe alternate special
educational programs for the child. Appeal from the
decision of the hearing board shall be to the circuit
court for the county in which the child resides; and, if
the child resides in Baltimore City, to any one of the
three common-law courts of the Supreme Bench.
(e) (G) Members of the hearing board[, other
than those employed by the State Department of
Education,] shall be paid reasonable fees and expenses as
established by the State Board of Education.
(F) AT ANY LEVEL OF REVIEW INCLUDING THE LOCAL
PROCESS, MEMBERS OF HEARING BOARDS MAY NOT BE LOCAL OR
STATE BOARD OF EDUCATION EMPLOYEES.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977 is hereby declared to be
an emergency measure and necessary for the immediate
preservation of the public health and safety and having
been passed by a yea and nay vote supported by
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