1076                                 LAWS OF MARYLAND                               Ch. 265

8-417.3(D)(2) OF THIS SUBTITLE.

[(2)] (3) The State Board shall adopt bylaws that
establish standards and guidelines for [these] approvals
REQUIRED BY (2) OF THIS SUBSECTION.

(d)  A nonpublic placement recommended by a county
board for approval under SUBSECTION (C)(1) OF 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 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.

(e) (1) Except for a placement that results from an
appeal from a decision of the Department taken under the
Administrative Procedure Act, a child may not be placed in a
nonpublic educational program at public expense by any court
unless the placement is in accordance with this section.

(2)  The Department shall be notified of each
case in which the placement of a child in a nonpublic
educational program at public expense is sought or is under
consideration by a court.

(3)  The Department shall be made a party to the
proceeding.

8-409.1.

ALL PROCEEDINGS HELD AND DECISIONS MADE PURSUANT TO §
8-409 OR § 8-415 OF THIS SUBTITLE SHALL BE IN CONFORMANCE
WITH APPLICABLE FEDERAL LAW.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980. is hereby declared to be an
emergency measure and necessary for the immediate
preservation of the public health and safety and having been
passed by a yea and nay vote supported by three-fifths of
all the members elected to each of the two Houses of the
General Assembly, the same shall take effect from the date
of its passage.

Approved April 22, 1980.