1074                                     LAWS OF MARYLAND                                   Ch. 265

FOR the purpose of allowing a county board of education to
make a placement decision involving a handicapped child
in a nonpublic program if certain requirements are met;
requiring that certain proceedings be in conformance
with applicable federal laws; relating generally to the
educational placement of handicapped children; and
making this Act an emergency measure.

BY repealing and reenacting, with amendments,

Article - Education

Section 8-409

Annotated Code of Maryland

(1978 Volume and 1979 Supplement)

BY adding

Article - Education

Section 8-409.1

Annotated Code of Maryland

(1978 Volume and 1979 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be repealed, amended, or enacted to read as follows: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.

(a)  A child who needs special educational services
that are not provided in a public county, regional, or State
program shall be placed in an appropriate nonpublic
educational program that offers these services.

(b)  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 § 8-417.2(d) or § 8-417.3(d)
of this subtitle, as appropriate.

(c)(1) Payment or reimbursement for a nonpublic

program may not be provided unless the Department approves:

(i) The nonpublic program;

(ii) The placement of the child in the

program;

reimbursement.

(iii) The cost of the program; and

(iv) The amount of payment or

(2) The State Board shall adopt bylaws that
establish standards and guidelines for these approvals.