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MARVIN MANDEL, Governor 3413
exemption from school privileges of the child by the
local or regional board of education.
(b) 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 be employees of the State Department of
Education or may be qualified persons from outside the
Department. No person shall serve as a 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.]
(c) The hearing board may dismiss any request for
review, which after a review of the educational records
of the child, it deems to 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) Subject to the provisions of §106D(g), the
hearing board [shall have the authority to] MAY confirm,
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 child resides; and if the child resides
in Baltimore City, to any one of the three common-law
courts of the Supreme Bench.
(e) Members of the hearing board [, other than
those employed by the State Department of Education,]
APPOINTED UNDER SUBPARAGRAPH (B) shall be paid reasonable
fees and expenses as established by the State Board of
Education.
(F) EXCEPT FOR A REVIEW CONDUCTED BY A CIRCUIT
COURT OR BY THE SUPREME BENCH OF BALTIMORE CITY, ANY
REVIEW CONDUCTED AT THE REQUEST OF THE PARENT OR GUARDIAN
OF A HANDICAPPED CHILD SHALL BE CONDUCTED IN ACCORDANCE
WITH BYLAWS DEVELOPED BY THE STATE BOARD OF EDUCATION
CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND
APPLICABLE FEDERAL LAW. SUCH BYLAWS SHALL PROHIBIT A
PERSON FROM SERVING AS A HEARING OFFICER OR AS A MEMBER
OF A HEARING BOARD AT THE STATE OR LOCAL LEVEL IF THE
PERSON IS AN EMPLOYEE OF THE STATE OR LOCAL BOARD OF
EDUCATION WHICH HAS A DIRECT RESPONSIBILITY FOR THE CARE
OR EDUCATION OF THE CHILD, IF THE PERSON HAS AN
INTEREST WHICH WOULD CONFLICT WITH OBJECTIVITY IN THE
HEARING.
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