2726

LAWS OF MARYLAND

Ch. 932

8-401.

(A) IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1)    "HANDICAPPED CHILD" MEANS A CHILD WHO IS

MENTALLY, PHYSICALLY, OR EMOTIONALLY HANDICAPPED AND BECAUSE

OF THAT HANDICAP CANNOT PROGRESS SATISFACTORILY IN AN

ORDINARY PUBLIC OR PRIVATE SCHOOL HAS BEEN DETERMINED

THROUGH APPROPRIATE ASSESSMENT AS HAVING TEMPORARY OR

LONG-TERM SPECIAL EDUCATIONAL NEEDS ARISING FROM COGNITIVE.
EMOTIONAL, OR PHYSICAL FACTORS, OR ANY COMBINATION OF THESE,
AND WHOSE ABILITY TO MEET GENERAL EDUCATIONAL OBJECTIVES IS
IMPAIRED TO A DEGREE WHEREBY THE SERVICES AVAILABLE IN THE
GENERAL EDUCATION PROGRAM ARE INADEQUATE IN PREPARING ONE TO
ACHIEVE HIS EDUCATIONAL POTENTIAL.

[(a)] (2) [In this subtitle, "Special] "SPECIAL
educational services" means the educational services
necessary to assure that all HANDICAPPED children with
handicaps that impede their abilities to learn are given the
opportunity to reach appropriate levels of knowledge and
learning skills consistent with their potential and includes
the full range of these services, including special
equipment, therapeutic treatments ancillary to education,
and transportation, whether provided as part of or in
addition to regular classroom placement or in separate
public or private classes or facilities.

(b) In this subtitle, the domicile of a school age
child is the county in which the parent or guardian who has
legal custody of the child is domiciled.

8-415.

(a) (1) [If a county board makes a placement
decision for a handicapped child, the parent or guardian of
the handicapped child say make a written request to the
county board for a review of the placement decision.] THE
PARENT OR GUARDIAN OF A HANDICAPPED CHILD MAY MAKE A WRITTEN

REQUEST TO THE COUNTY BOARD FOR A REVIEW OF ANY MATTER

RELATING TO THE IDENTIFICATION, EVALUATION, OR EDUCATIONAL

PLACEMENT OF THE CHILD OR THE PROVISION OF A FREE
APPROPRIATE PUBLIC EDUCATION TO FOR THE CHILD.

(2)    Within [60] 45 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