HARRY HUGHES, Governor                               1879

certain information on hearing officers and panel
selections.

BY repealing and reenacting, with amendments,

Article - Education
Section 8-415(a) and (b)
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be repealed, amended, or enacted to read as follows: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, FROM THE LIST OF

HEARING OFFICERS APPROVED BY THE STATE DEPARTMENT OF

EDUCATION, 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
UNLESS OTHERWISE AGREED BY BOTH PARTIES, THE HEARING OFFICER
OR PANEL SELECTION PROCESS SHALL BE ACCORDING TO THE
PROVISIONS OF SUBPARAGRAPHS (5) AND (6) OF THIS SUBSECTION.

(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 this 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.