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ROBERT L. EHRLICH, JR., Governor Ch. 449
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(3) Except as provided in subsection (f) of this section or in regulations of
the State Board of Education, each child who resides in this State shall attend a
kindergarten program regularly during the school year prior to entering the first
grade unless the child is otherwise receiving regular, thorough instruction in the
skills and studies usually taught in a kindergarten program of a public school.
(b) A county superintendent, school principal, or an individual authorised by
the county superintendent or principal may excuse a student for a lawful absence.
(c) Each person who has legal custody or care and control of a child WHO
RESIDES IN THIS STATE, EXCEPT FOR BALTIMORE CITY, AND who is 5 years old or
older and under 16 OR A CHILD WHO RESIDES IN BALTIMORE CITY AND WHO IS 5
YEARS OLD OR OLDER AND UNDER 18 shall see that the child attends school or
receives instruction as required by this section.
(d) (1) This section applies to any child who has a mental, emotional, or
physical handicap.
(2) This section does not apply to a child:
(i) Whose mental, emotional, or physical condition makes his
instruction detrimental to his progress; or
(ii) Whose presence in school presents a danger of serious physical
harm to others.
(3) With the advice of the school principal, supervisor, pupil personnel
supervisor, or visiting teacher and with the written recommendation of a licensed
physician or a State Department of Education certified or licensed psychologist, the
county superintendent may:
(i) Make other appropriate provisions for the free education of any
student excepted from attendance under paragraph (2) of this subsection; or
(ii) Permit the parents or guardians of that student to withdraw
him from public school, for as long as the attendance of the child in a public school
would be detrimental to his progress or his presence in school would present a danger
of serious physical harm to others.
(4) If a child is withdrawn from a public school under this subsection, the
county board shall make other appropriate provisions for the education of the child.
(5) If an appropriate educational placement is not available immediately,
the county board shall make interim provisions for the education of the child until an
appropriate placement becomes available.
(e) (1) Any person who induces or attempts to induce a child to absent
himself unlawfully from school or employs or harbors any child who is absent
unlawfully from school while school is in session is guilty of a misdemeanor and on
conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30
days, or both.
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