270

LAWS OF MARYLAND

Ch. 22

Present Art. 77, §106D-1 (2) and (3) is deleted in
light of the definitions of "county board" and
"State Board" in §1-101 of this article.

The only other changes are in style.

The Administrative Procedure Act appears as Art.
41, §§ 244 through 256 of the Code.

8-415. REVIEW OF PLACEMENT DECISION OF A HANDICAPPED CHILD.

(A)   REVIEW AT COUNTY LEVEL.

(1)   IF A COUNTY BOARD MAKES A PLACEMENT DECISION
FOR A HANDICAPPED CHILD, THE PARENT OR GUARDIAN OF THE
HANDICAPPED CHILD MAY MAKE A WRITTEN REQUEST TO THE COUNTY
BOARD FOR A REVIEW OF THE PLACEMENT DECISION.

(2)    WITHIN 60 DAYS AFTER IT RECEIVES A REQUEST
FOR REVIEW, THE COUNTY BOARD SHALL APPOINT A HEARING OFFICER
OR A HEARING BOARD THAT CONSISTS OF INDIVIDUALS WHO ARE
KNOWLEDGEABLE IN THE FIELDS AND AREAS SIGNIFICANT TO THE
EDUCATIONAL REVIEW OF THE HANDICAPPED CHILD, TO HEAR THE
CASE AND MAKE A DECISION.

(3)    AN INDIVIDUAL MAY NOT SERVE AS THE HEARING
OFFICER OR A BOARD MEMBER IF HE:

(I)   IS AN EMPLOYEE OF THE COUNTY BOARD THAT IS
RESPONSIBLE FOR THE EDUCATION OR CARE OF THE HANDICAPPED
CHILD; OR

(II)   HAS AN INTEREST THAT WOULD CONFLICT WITH
HIS OBJECTIVITY IN THE HEARING.

(4)    WITHIN THIS SAME 60-DAY PERIOD, THE HEARING
OFFICER OR THE HEARING BOARD SHALL REVIEW THE PLACEMENT AND
MAKE A DECISION.

(B)   REVIEW AT STATE LEVEL.

(1) AFTER EXHAUSTING ALL LOCALLY AVAILABLE
ADMINISTRATIVE REMEDIES AND PROCEDURES, A PARENT OR GUARDIAN
OF A HANDICAPPED CHILD OR THE COUNTY BOARD THAT IS
RESPONSIBLE FOR PROVIDING SPECIAL EDUCATIONAL SERVICES FOR
THE CHILD, WITH GOOD CAUSE, MAY MAKE A WRITTEN REQUEST TO
THE STATE BOARD FOR A REVIEW OF:

(I)   DIAGNOSIS;

(II)   EVALUATION OF EDUCATIONAL PROGRAMS PROVIDED
FOR THE CHILD BY THE COUNTY BOARD; OR

(III)    THE EXCLUSION OR EXEMPTION OF THE CHILD
FROM SCHOOL PRIVILEGES BY THE COUNTY BOARD.

(2)   WITHIN 60 DAYS AFTER IT RECEIVES A REQUEST
FOR REVIEW, THE STATE BOARD SHALL APPOINT A HEARING BOARD OF