BLAIR LEE III, Acting Governor                           2729

(II) WITHIN 45 DAYS AFTER IT IS RECEIVED
BY THE STATE BOARD UNDER SUBPARAGRAPH (C)(2)(II) OF THIS
SECTION.

(2) THE CIRCUIT COURT OR THE BALTIMORE CITY

COURT SHALL MAKE ITS DECISION AS SOON AS PRACTICABLE AFTER

RECEIVING THE RECORD OF THE CASE.

(f) (1) An appeal from the decision of the State
Hearing Board under subsection (c) of this section shall be
to the circuit court for the county in which the handicapped
child resides or, if he resides in Baltimore City, to the
Baltimore City Court.

           (2) IN ANY APPEAL BROUGHT UNDER THIS SUBSECTION

THE COURT SHALL:

(I) RECEIVE THE RECORDS OF THE

ADMINISTRATIVE PROCEEDINGS;

(II) HEAR ADDITIONAL EVIDENCE AT THE

REQUEST OF A PARTY;

(III) BASE ITS DECISION ON THE

PREPONDERANCE OF THE EVIDENCE; AND

(IV) GRANT ANY RELIEF IT DETERMINES

APPROPRIATE.

(g) [Except for a review by a circuit court or by
the Baltimore City Court, any] ANY review requested by a
parent or guardian of a handicapped child shall be conducted
in conformity with this section and any applicable federal
law.

(H) AT ANY LEVEL OF REVIEW, THE PARTY MAKING THE

PLACEMENT DECISION SHALL BEAR THE BURDEN OF PROVING THE

APPROPRIATENESS OF ITS DECISION BY A PREPONDERANCE OF THE

EVIDENCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1978.

CHAPTER 933
(House Bill 1433)
AN ACT concerning

Vehicle Laws - Driver Education Instructor Certification