HARRY HUGHES, Governor

1075

(d)(1) 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] (2) THE Department may not

disapprove a nonpublic placement recommended by a county

board for a child unless the Department provides an

appropriate alternative placement in conformity with the
bylaws of the State Board and applicable federal laws and
regulations.

(3) A DECISION FOR DISAPPROVAL OF THE NONPUBLIC
PLACEMENT AND THE RECOMMENDATION FOR ALTERNATIVE PLACEMENT
SHALL BE MADE BY PERSONS WHO ARE KNOWLEDGEABLE ABOUT:

(I) THE CHILD;

(II) THE MEANING OF THE EVALUATION DATA;
AND

(III) THE PLACEMENT OPTIONS.

(4) 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.

(c) (1) Payment or reimbursement for a nonpublic
program may not be provided IF THE PAYMENT OR REIMBURSEMENT
WOULD REQUIRE AN ADDITIONAL CONTRIBUTION FROM THE STATE
UNDER § 8-417.2(D)(2) OR § 8-417.3(D)(2) OF THIS SUBTITLE
unless the Department approves:

(i) The nonpublic program;

(ii) The placement of the child in the
program;

(iii) The cost of the program; and

(iv) The amount of payment or

reimbursement.

(2) DEPARTMENT APPROVAL IS NOT REQUIRED FOR A
NONPUBLIC PROGRAM IF:

(I)  THE COUNTY BOARD APPROVES THE
PLACEMENT OF THE CHILD IN THE PROGRAM;

(II)  THE COUNTY BOARD MAKES THE PAYMENT OR
REIMBURSEMENT FROM FUNDS AVAILABLE TO THE COUNTY BOARD,
INCLUDING THE FUND ESTABLISHED UNDER § 8-417.3(C) OF THIS
SUBTITLE; AND ESTABLISHED UNDER SECTION 8-417.3(C) AND (D)
(1) OF THIS SUBTITLE; AND

(III)  THE PLACEMENT DOES NOT REQUIRE AN
ADDITIONAL STATE CONTRIBUTION UNDER § 8-417.2(D)(2) OR §