2748

LAWS OF MARYLAND

Ch. 942

BY renumbering

Article - Education
Section 8-409(d)
to be Section 8-409(e)
Annotated Code of Maryland

(As enacted by Chapter ______of the Acts

of the General Assembly of 1978)

BY adding to

Article - Education

Section 6-409(d)

Annotated Code of Maryland

(As enacted by Chapter __ of the Acts

of the General Assembly of 1978)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 77 — Public Education

106D.

(g) A child in need of special educational services
that are not then provided in a public county, regional, or
State program shall be placed in an appropriate nonpublic
educational program offering these services. The cost of
the nonpublic educational program shall be paid by the State
and the county in which the child is domiciled in accordance
with § 106G-3 (d) or § 106G-4 (d), as applicable. However,
payment or reimbursement for a nonpublic program may not be
provided unless (1) the nonpublic program, (2) the placement
in it, (3) the cost of the program, and (4) the amount of
payment or reimbursement, are approved by the State
Department of Education. As part of the authority granted
to it by subsection (a) of this section, the State Board of
Education shall adopt bylaws setting forth standards and
guidelines for these approvals. THE STATE DEPARTMENT OF

EDUCATION SHALL NOT DISAPPROVE A NONPUBLIC PLACEMENT

APPROVED BY A LOCAL BOARD OF EDUCATION EXCEPT PURSUANT TO

STANDARDS AND GUIDELINES SET FORTH IN DULY ADOPTED BYLAWS OF

THE STATE BOARD OF EDUCATION. THE STATE DEPARTMENT OF

EDUCATION SHALL NOT DISAPPROVE A NONPUBLIC PLACEMENT

APPROVED BY A LOCAL BOARD OF EDUCATION UNLESS PROVISION IS
MADE FOR AN APPROPRIATE ALTERNATIVE PLACEMENT AND UNLESS AN

INDIVIDUALIZED EDUCATION PROGRAM CONFORMING TO FEDERAL LAW

AND REGULATIONS AND BYLAWS OF THE STATE BOARD OF EDUCATION

IS PREPARED BEFORE THE CHILD IS TRANSFERRED FROM HIS LAST

APPROVED PLACEMENT. THE STATE DEPARTMENT OF EDUCATION SHALL

NOT DISAPPROVE A NONPUBLIC PLACEMENT APPROVED BY A LOCAL

BOARD OF EDUCATION IN CIRCUMSTANCES IN WHICH THE

DEPARTMENT'S ACTION WILL PREVENT THE CHILD FROM CONTINUING