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LAWS OF MARYLAND

Ch. 18

BY repealing and reenacting, with amendments,

Article - Education

Section 8-404(b)

Annotated Code of Maryland

(1978 Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article - Education

8-404.

(b) (1) Each plan shall provide for the education of
all handicapped children, including:

(i) Those who are severely handicapped,
whose parents or guardians are domiciled in the county; and

(ii) Those school-aged children who are in
day-care centers, OR EDUCATIONAL INSTITUTIONS PREVIOUSLY
CLASSIFIED AS DAY-CARE CENTERS, which were previously funded
by the Mental Retardation Administration and for whom an
exception was granted for fiscal years 1978-1979 and
1979-1980 whose parents or guardians are domiciled in the
county.

[(2) Notwithstanding paragraph (1) of this
section, for fiscal years 1980-1981 and 1981-1982 only, the
State Superintendent shall allow a handicapped child to
remain in a day-care center on application for good cause by
the county superintendent. The application for good cause
may include the lack of:

(i) Available budget funds; or

(ii) Appropriate alternate school
placement.]

(2) ON THE REQUEST OF THE CHILD'S PARENTS OR
LEGAL GUARDIAN, THE COUNTY BOARD AND THE STATE
SUPERINTENDENT SHALL ALLOW ANY HANDICAPPED CHILD DESCRIBED
IN SUBPARAGRAPH (1)(II) OF THIS SUBSECTION TO REMAIN IN THE
DAY-CARE CENTER FOR THE DURATION OF THE CHILD'S PUBLICLY
FUNDED SPECIAL EDUCATION SERVICES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved April 2, 1982.