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Ch. 233
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2006 LAWS OF MARYLAND
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(4) THE STATUTE OF LIMITATIONS DESCRIBED UNDER PARAGRAPH (3)
OF THIS SUBSECTION DOES NOT APPLY TO A PARENT WHO IS PREVENTED FROM
REQUESTING A DUE PROCESS HEARING DUE TO:
(I) SPECIFIC MISREPRESENTATIONS MADE BY THE PUBLIC
AGENCY THAT IT HAD RESOLVED THE PROBLEM THAT FORMED THE BASIS OF THE
DUE PROCESS COMPLAINT: OR
(ID THE PUBLIC AGENCY'S WITHHOLDING OF INFORMATION THAT
THE PUBLIC AGENCY WAS REQUIRED TO PROVIDE TO THE PARENT.
[(2)] (4) (5) In order to conduct a hearing, the Office of Administrative
Hearings shall appoint an [impartial] administrative law judge who:
(i) Is an administrative law judge in the Office of Administrative
Hearings; AND
[(ii) Has received and continues to receive specialized training in
matters significant to the educational review of students with disabilities; and
(iii) Has no interest that would conflict with the administrative law
judge's objectivity in the review.
(3) The Office of Administrative Hearings shall inform the parent of any
free or low cost legal and other relevant services available upon request or whenever
a hearing is initiated under this section.]
(II) MEETS THE REQUIREMENTS OF A DUE PROCESS HEARING
OFFICER IN ACCORDANCE WITH FEDERAL LAW.
[(4)] (5) (6) Unless the parent and the public agency otherwise agree,
during the course of any administrative or judicial proceeding, the [student] CHILD
must remain in the last approved placement IN ACCORDANCE WITH FEDERAL LAW.
[(5)] (6) (7) If the hearing concerns the initial admission of a child into
a public school, the [student] CHILD with the consent of the parent must be placed in
the public school program until the proceedings have been completed.
[(d)] (E) (1) The administrative law judge appointed under subsection [(c)]
(D) of this section shall conduct the hearing in accordance with federal law, Title 10 of
the State Government Article, and the Office of Administrative Hearings Rules of
Administrative Procedure, and may:
(i) After review of the educational records of the child, dismiss any
request for review which does not relate to a matter described in subsection [(c)(1)]
(D)(1) of this section;
(ii) Require the parties to attend a prehearing conference prior to
the due process hearing;
(iii) Hear any testimony that it considers relevant;
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- 1378 -
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