BLAIR LEE III, Acting Governor

271

AT LEAST THREE INDIVIDUALS WHO ARE KNOWLEDGEABLE IN THE
FIELDS AND AREAS SIGNIFICANT TO THE EDUCATIONAL REVIEW OF
THE CHILD.

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

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

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

(C)   AUTHORITY AND DUTIES OF STATE HEARING BOARD.

(1) THE STATE HEARING BOARD MAY:

(1)    AFTER REVIEW OF THE EDUCATIONAL RECORDS OF
THE CHILD, DISMISS ANY REQUEST FOR REVIEW THAT IT CONSIDERS
TO BE WITHOUT GOOD CAUSE;

(II)     HEAR ANY TESTIMONY THAT IT CONSIDERS

RELEVANT;

(III)    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; AND

(IV)     SUBJECT TO §8-409 OF THIS SUBTITLE,
CONFIRM, MODIFY, OR REJECT ANY DIAGNOSIS, EVALUATION,
EDUCATIONAL PROGRAM, OR EXCLUSION OR EXEMPTION OF THE CHILD
FROM SCHOOL PRIVILEGES AND REQUIRE ALTERNATE SPECIAL
EDUCATIONAL PROGRAMS FOR THE CHILD.

(2)    THE HEARING BOARD SHALL MAKE ITS DECISION
WITHIN 60 DAYS AFTER THE STATE BOARD RECEIVES THE REQUEST
FOR REVIEW.

(3)     EACH BOARD MEMBER IS ENTITLED TO A
REASONABLE FEE AND EXPENSES AS ESTABLISHED BY THE STATE
BOARD.

(D)   WAIVER OF 60-DAY TIME LIMITS.

THE 60-DAY TIME LIMITS IMPOSED BY SUBSECTIONS (A) AND
(C) OF THIS SECTION FOR A DECISION ON A REQUEST FOR REVIEW
SHALL BE EXTENDED OR WAIVED ON WRITTEN REQUEST TO THE
REVIEWING AUTHORITY BY THE PARENT OR GUARDIAN WHO REQUESTED
THE REVIEW.

(E)    CIRCUIT COURT TO ACT IF STATE BOARD FAILS TO MEET
60-DAY REQUIREMENT.

IF A DECISION IS NOT MADE ON A REQUEST FOR REVIEW
WITHIN 60 DAYS AFTER IT IS RECEIVED BY THE STATE BOARD UNDER
SUBSECTION (B) OF THIS SECTION, THE CIRCUIT COURT FOR THE