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Ch. 233 2006 LAWS OF MARYLAND
(III) PAUSED A DEPRIVATION OF EDUCATIONAL BENEFITS.
[(f)] (H) The hearing shall be held and a written decision shall be issued
within [45 calendar days from the request for the hearing] THE TIME PERIODS
ESTABLISHED BY FEDERAL LAW. The administrative law judge may grant a specific
extension of time [not to exceed 60 calendar days for good cause shown] AT THE
REQUEST OF EITHER PARTY.
[(g)] (I) If, at the time of the [hearing request] DUE PROCESS COMPLAINT,
the [student] CHILD who is the subject of the hearing is not enrolled and attending
an APPROVED educational program OR, IF THE DUE PROCESS COMPLAINT IS OVER
THE PLACEMENT OR MANIFESTATION DETERMINATION OF A CHILD, DUE TO A
VIOLATION OF THE RULES OF CONDUCT, an expedited hearing [schedule shall apply.
In these cases, the hearing shall be held within 20 calendar days and a written
decision shall be issued within 15 calendar days of the hearing] SHALL OCCUR
WITHIN 20 SCHOOL DAYS OF THE DATE THE HEARING IS REQUESTED AND SHALL
RESULT IN A DECISION WITHIN 10 SCHOOL DAYS OF THE HEARING.
[(h)] (J) [Within 180 calendar days of the issuance of the hearing decision,
any] ANY party to the hearing may [file an] appeal [from] a final [review] decision
of the Office of Administrative Hearings to the federal District Court for Maryland IN
ACCORDANCE WITH FEDERAL LAW or to the circuit court for the county in which the
[student] CHILD resides.
[(h)] (J) Within 180 120 calendar days of the issuance of the hearing decision,
any party to the hearing may file an appeal from a final [review] decision of the
Office of Administrative Hearings to the federal District Court for Maryland or to the
circuit court for the county in which the [student] CHILD resides.
[(i)] (K) (1) [If a local school system has] A PUBLIC AGENCY IS NOT
REQUIRED TO PAY FOR THE COST OF EDUCATION, INCLUDING SPECIAL EDUCATION
AND RELATED SERVICES, FOR A CHILD WITH A DISABILITY AT A PRIVATE OR
NONPUBLIC SCHOOL IF THE PUBLIC AGENCY made a free appropriate public
education available to [a] THE child [with a disability] and the parent of the child
[chooses] ELECTED to place the child in [a nonpublic school, the local school system
is not required to pay for the child's education at the nonpublic school] SUCH A
SCHOOL OR FACILITY.
[(2) Before removing a child from the local school system, a parent of the
child shall notify the local school system of the parent's:
(i) Decision to reject the local school system's proposed placement;
(ii) Concerns leading to the decision to remove the child from the
local school system; and
(iii) Intention to enroll the child in a nonpublic school at public
expense.
(3) The parent shall provide notice by:
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