HARRY HUGHES, Governor

2949

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be repealed, amended, or enacted to read as follows: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

8-401.

(a)  In this subtitle, the following words have the
meanings indicated.

(1) "COMPENSATORY SPECIAL EDUCATIONAL SERVICES"
MEANS THE ADDITIONAL YEARS OF SPECIAL EDUCATION SERVICES
THAT SHALL BE AVAILABLE TO A HANDICAPPED INDIVIDUAL WHO
MEETS THE REQUIREMENTS IN SECTION 8-401.1(A) OF THIS
SUBTITLE.

[(1)] (2) "Handicapped child" means a child who
has been determined through appropriate assessment as having
temporary or long-term special educational needs arising
from cognitive, emotional, or physical factors, or any
combination of these, and whose ability to meet general
educational objectives is impaired to a degree whereby the
services available in the general education program are
inadequate in preparing one to achieve his educational
potential.

[(2)] (3) "Special educational services" means
the educational services necessary to assure that all
handicapped children are given the opportunity to reach
appropriate levels of knowledge and learning skills
consistent with their potential and includes the full range
of these services, including special equipment, therapeutic
treatments ancillary to education, and transportation,
whether provided as part of or in addition to regular
classroom placement or in separate public or private classes
or facilities.

(b)  In this subtitle, the domicile of a school age
child is the county in which the parent or guardian who has
legal custody of the child is domiciled.

(C) IN THIS SUBTITLE, THE TERMS "CHILD" OR "CHILDREN"
SHALL INCLUDE ANY INDIVIDUAL ELIGIBLE FOR OR RECEIVING
SPECIAL EDUCATIONAL SERVICES OR COMPENSATORY SPECIAL
EDUCATIONAL SERVICES.

8-401.1.

(A) A HANDICAPPED INDIVIDUAL SHALL RECEIVE UP TO -5- 2
YEARS COMPENSATORY SPECIAL EDUCATION SERVICES FOR AS MANY
YEARS AS THE INDIVIDUAL WAS UNABLE TO ATTEND SCHOOL, IF THE
YEARS AS THE INDIVIDUAL WAS A RESIDENT OF MARYLAND AND WAS
UNABLE TO ATTEND SCHOOL OR WAS DENIED UNABLE TO RECEIVE
APPROPRIATE EDUCATIONAL SERVICES IN ANY YEAR AFTER 1975, IF
THE INDIVIDUAL: