230

LAWS OF MARYLAND

Ch. 22

INDIVIDUAL AUTHORIZED BY THE COUNTY SUPERINTENDENT OR
PRINCIPAL MAY EXCUSE THE NECESSARY ABSENCE OF A STUDENT FOR
A NECESSARY ABSENCE.

(C)   DUTY OF PARENT OR GUARDIAN.

EACH PERSON WHO HAS UNDER HIS CONTROL A CHILD WHO IS 6

YEARS OLD OR OLDER AND UNDER 16 SHALL SEE THAT THE CHILD

ATTENDS SCHOOL OR RECEIVES INSTRUCTION AS   REQUIRED BY THIS
SECTION.

(D)   APPLICATION OF SECTION.

(1)   THIS SECTION APPLIES TO ANY CHILD WHO HAS A
MENTAL, EMOTIONAL, OR PHYSICAL HANDICAP.

(2)   THIS SECTION DOES NOT APPLY TO A CHILD:

(I)     WHOSE MENTAL, EMOTIONAL, OR PHYSICAL
CONDITION MAKES HIS INSTRUCTION DETRIMENTAL TO HIS PROGRESS;
OR

(II)   WHOSE PRESENCE IN SCHOOL PRESENTS A DANGER
OF SERIOUS PHYSICAL HARM TO OTHERS.

(3)    WITH THE ADVICE OF THE SCHOOL PRINCIPAL,
SUPERVISOR, PUPIL PERSONNEL SUPERVISOR, OR VISITING TEACHER
AND WITH THE WRITTEN RECOMMENDATION OF A LICENSED PHYSICIAN
OR CERTIFIED PSYCHOLOGIST, THE COUNTY SUPERINTENDENT MAY:

(I)   MAKE OTHER APPROPRIATE PROVISIONS FOR THE
FREE EDUCATION OF ANY STUDENT EXCEPTED FROM ATTENDANCE UNDER
PARAGRAPH (2) OF THIS SUBSECTION; OR

(II)    PERMIT THE PARENTS OR GUARDIANS OF THAT
STUDENT TO WITHDRAW HIM FROM PUBLIC SCHOOL, FOR AS LONG AS
THE ATTENDANCE OF THE CHILD IN A PUBLIC SCHOOL WOULD BE
DETRIMENTAL TO HIS PROGRESS OR HIS PRESENCE IN SCHOOL WOULD
PRESENT A DANGER OF SERIOUS PHYSICAL HARM TO OTHERS.

(4) IF A CHILD IS WITHDRAWN FROM A PUBLIC
SCHOOL UNDER THIS SUBSECTION, THE COUNTY BOARD SHALL HAKE
OTHER APPROPRIATE PROVISIONS FOR THE EDUCATION OF THE
CHILD.

(5) IF AN APPROPRIATE EDUCATIONAL PLACEMENT IS
NOT AVAILABLE IMMEDIATELY, THE COUNTY BOARD SHALL MAKE
INTERIM PROVISIONS FOR THE EDUCATION OF THE CHILD UNTIL AN
APPROPRIATE PLACEMENT BECOMES AVAILABLE.

(E)   PENALTIES.

(1) ANY PERSON WHO INDUCES OR ATTEMPTS TO
INDUCE A CHILD TO ABSENT HIMSELF UNLAWFULLY FROM SCHOOL OR
EMPLOYS OR HARBORS ANY CHILD WHO IS ABSENT UNLAWFULLY FROM
SCHOOL WHILE SCHOOL IS IN SESSION IS GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $50.