HARRY HUGHES, Governor                                 845

Approved May 14, 1979.

CHAPTER 224

(Senate Bill 138)

AN ACT concerning

Public Education - Handicapped Children

FOR the purpose of limiting the power of the State
Department of Education to disapprove a handicapped
child's nonpublic placement after approval by a county
board of education.

BY repealing and reenacting, with amendments,

Article - Education

Section 8-409(d)

Annotated Code of Maryland

(1978 Volume and 1978 Supplement)

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be repealed, amended, or enacted to read as follows: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 - Education

8-409.

(d) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 14, 1979.