HARRY HUGHES, Governor

1283

Article - Education

Section 8-415

Annotated Code of Maryland

(1978 Volume and 1980 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be repealed, amended, or enacted to read as follows: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

8-415.

(a)  (1) If a county board makes a placement decision
for a handicapped child, the parent or guardian of the
handicapped child may make a written request to the county
board for a review of the identification, evaluation, or
educational placement of the child or the provision of a
free appropriate public education for the child.

(2)  Within 45 days after it receives a request
for review, the county board shall appoint a hearing officer
or a hearing board that consists of individuals who are
knowledgeable in the fields and areas significant to the
educational review of the handicapped child, to hear the
case and make a decision.

(3)  An individual may not serve as the hearing
officer or a board member if he:

(i) Is an employee of the State Board or
any county board; or

(ii) Has an interest that would conflict
with his objectivity in the hearing.

(4)  Within the same 45-day period, the hearing
officer or the hearing board shall review the request and
make a decision.

(b) (1) After exhausting all locally available
administrative remedies and procedures, a parent or guardian
of a handicapped child or the county board that is
responsible for providing special educational services for
the child may make a written request to the State Board for
a review of the identification, evaluation, or educational
placement of the child or the provision of a free
appropriate education for the child.

(2)  After it receives a request for review, the
State Board shall appoint a hearing board of at least three
individuals who are knowledgeable in the fields and areas
significant to the educational review of the child.

(3)  An individual may not serve as a hearing
board member if he: