BLAIR LEE III, Acting Governor

2749

IN A PREVIOUSLY APPROVED PLACEMENT AT PUBLIC EXPENSE PENDING

ADMINISTRATIVE AND JUDICIAL REVIEW OF THE DEPARTMENT'S

ACTION OR IN CIRCUMSTANCES IN WHICH THE NONPUBLIC PLACEMENT

MAY NOT BE HELD OPEN FOR THE CHILD DURING THE PERIOD UNTIL

ADMINISTRATIVE AND JUDICIAL REVIEW OF THE DEPARTMENT'S

ACTION HAS BEEN COMPLETED. A NONPUBLIC PLACEMENT

RECOMMENDED BY A COUNTY BOARD FOR APPROVAL UNDER THIS

SECTION SHALL BE APPROVED OR DISAPPROVED PURSUANT TO THE

BYLAWS OF THE STATE BOARD. HOWEVER, THE DEPARTMENT MAY NOT

DISAPPROVE A NONPUBLIC PLACEMENT RECOMMENDED BY A COUNTY

BOARD FOR A CHILD IF THE CHILD WILL BE PREVENTED FROM

CONTINUING IN THE LAST APPROVED PLACEMENT DURING THE NEXT
PLACEMENT YEAR UNLESS THE DEPARTMENT PROVIDES AN APPROPRIATE

ALTERNATIVE PLACEMENT IN CONFORMITY WITH THE BYLAWS OF THE

STATE BOARD AND APPLICABLE FEDERAL LAWS AND REGULATIONS.

THE DEPARTMENT MAY NOT TERMINATE FUNDING FOR THE LAST

APPROVED NONPUBLIC PLACEMENT OF A CHILD DURING THE PENDENCY

OF AN ADMINISTRATIVE OR JUDICIAL REVIEW OF A RECOMMENDED

PLACEMENT CHANGE. Except for a placement resulting from an
appeal from a decision of the State Department of Education
taken under the Administrative Procedures Act, a child may
not be placed in a nonpublic educational program at public
expense by any court unless the placement is in accord with
this subsection (g). The State Department of Education
shall be notified of every case in which placement of a
child in a nonpublic educational program at public expense
is sought or is under consideration by the court, and shall
be made a party to the proceeding.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s)
8-409 (d) of Article - Education, of the Annotated Code of

Maryland (as enacted by Chapter ____ of the Acts of the

General Assembly of 1978) be renumbered to be Section(s)
8-409(e).

SECTION 3. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland (as enacted by Chapter

____ of the Acts of the General Assembly of 1978) be

repealed, attended, or enacted to read as follows:

Article - Education

6-409.

(D) THE DEPARTMENT MAY NOT DISAPPROVE A NONPUBLIC

PLACEMENT APPROVED BY A COUNTY BOARD:

(1) UNLESS DISAPPROVAL IS MADE IN ACCORDANCE
WITH STANDARDS AND GUIDELINES IN THE BYLAWS OF THE STATE

BOARD;

(2) UNLESS THE DEPARTMENT PROVIDES FOR AN

APPROPRIATE ALTERNATIVE PLACEMENT IN AN INDIVIDUALIZED

EDUCATIONAL PROGRAM THAT:

(I) CONFORMS TO FEDERAL LAW AND

REGULATIONS AND STATE BOARD BYLAWS; AND