BLAIR LEE III, Acting Governor

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(ii) Has an interest that would conflict
with his objectivity in the hearing.

(4) Within this same [60-day] 45-DAY period,
the hearing officer or the hearing board shall review the
[placement] COMPLAINT REQUEST and make a decision.

(b)    (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] MAY MAKE A
WRITTEN REQUEST TO THE STATE 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 EDUCATION TO FOR THE CHILD.

(2) THE PARENT OR GUARDIAN OF A HANDICAPPED

CHILD WHO RESIDES IN ANY RESIDENTIAL FACILITY MAINTAINED BY

THE STATE, OR IN A FACILITY FROM WHICH RESIDENTIAL CARE IS

PURCHASED BY THE STATE, MAY MAKE A WRITTEN REQUEST TO THE

STATE 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 EDUCATION TO

THE CHILD.

[(2)] (3)(2) [Within 60 days after] AFTER it
receives a request for review, the State Board shall appoint
a hearing board of at least three individuals who are
knowledgeable in the fields and areas significant to the
educational review of the child.

[(3)] (4)(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)    (1) The State Hearing Board may:

(i) After review of the educational
records of the child, dismiss any request for review [that
it considers to be without good cause] WHICH DOES NOT RELATE
TO A MATTER DESCRIBED IN SUBSECTIONS (B)(1) OR (2)