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ROBERT L. EHRLICH, JR., Governor
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Ch. 233
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Article - Education
Section 8-416(a)
Annotated Code of Maryland
(2004 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Education
8-401.
(a) (1) In this subtitle the following words have the meanings indicated.
(2) "Child with a disability" means a child who has been determined
through appropriate assessment as having autism, deaf-blindness, hearing
impairment, including deafness, emotional disturbance, mental retardation, multiple
disabilities, orthopedic impairment, other health impairment, specific learning
disability, speech or language impairment, traumatic brain injury, visual impairment,
including blindness, and who because of that impairment needs special education and
related services.
(3) "Free appropriate public education" means special education and
related services that:
(i) Are provided at public expense, under public supervision and
direction, at no cost to the parents;
(ii) Meet the standards of the State Board regulations and the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. [1997]);
(hi) Includes preschool, elementary, and secondary education; and
(iv) Are provided in conformance with the requirements of the
child's individualized education program.
(4) "Special education" means specially designed instruction, at no cost
to parents, to meet the unique needs of a child with a disability, including:
(i) Instruction in the classroom, in the home, in hospitals and
institutions, and in other settings; and
(ii) Instruction in physical education.
(5) (i) "Related services" means transportation and such
developmental, corrective, and other supportive services as may be required to assist
a child with a disability to benefit from special education.
(ii) "Related services" includes the early identification and
assessment of disabling conditions in children.
(III) "RELATED SERVICES" DOES NOT INCLUDE A SURGICALLY
IMPLANTED MEDICAL DEVICE OR THE REPLACEMENT OF THE DEVICE.
- 1371 -
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