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ROBERT L. EHRLICH, JR., Governor
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Ch. 233
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(i) Informing the individualized education program team at the
most recent meeting the parent attended before the removal of the child; or
(ii) Providing the local school system with written notice at least 10
business days, including holidays that occur on business days, before the removal of
the child.]
[(4)] (2) If the parent [decides to enroll the] OF A CHILD WITH A
DISABILITY, WHO PREVIOUSLY RECEIVED SPECIAL EDUCATION AND RELATED
SERVICES UNDER THE AUTHORITY OF A PUBLIC AGENCY, ENROLLS THE child in a
nonpublic school OR FACILITY without the consent of or referral by the [local school
system] PUBLIC AGENCY, an [impartial hearing officer] ADMINISTRATIVE LAW
JUDGE or a court may require the [local school system] PUBLIC AGENCY to reimburse
the parent for the costs of the placement ENROLLMENT if[:
(i) The child had previously received special education and related
services under the authority of the local school system; and
(ii) An impartial hearing officer] THE ADMINISTRATIVE LAW
JUDGE or court determines that the [local school system] PUBLIC AGENCY had not
made a free appropriate public education available to the child in a timely manner
[before the parent enrolled the child in the nonpublic school] PRIOR TO THAT
ENROLLMENT.
[(5)] (3) Reimbursement may be reduced or denied by the [impartial
hearing officer] ADMINISTRATIVE LAW JUDGE or court [if the:
(i) Parent failed to notify the local school system of the decision as
required under paragraph (3) of this subsection;
(ii) Parent's actions were unreasonable; or
(iii) Parent failed to make the child available for evaluation before
the child's removal and after the local school system provided the parent with written
notice of its intention to evaluate the child, including an appropriate and reasonable
statement of the purpose of the evaluation] IN ACCORDANCE WITH FEDERAL LAW.
[(6) An impartial hearing officer or court may not reduce or deny
reimbursement for failure to provide notice as required under paragraph (3) of this
subsection if:
(i) The parent is illiterate and cannot write in English;
(ii) Providing notice would likely result in physical or serious
emotional harm to the child;
(iii) The local school system prevented the parent from providing
notice; or
(iv) The parent was not provided with a copy of the procedural
safeguards notice in accordance with COMAR 13A.05.01.11A, including the
requirements of this subsection.
- 1381,-
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