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Ch. 308
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2005 LAWS OF MARYLAND
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(C) NOTWITHSTANDING SUBSECTION (B)(3) OF THIS SECTION, A PLACEMENT
AGENCY OR SCHOOL EMPLOYEE MAY HAND CARRY THE DOCUMENTS LISTED IN
SUBSECTION (B)(3) OF THIS SECTION FROM A SENDING SCHOOL TO A RECEIVING
SCHOOL.
8-505.
(A) EACH COUNTY BOARD SHALL ESTABLISH A DISPUTE RESOLUTION
PROCESS TO ADDRESS DISPUTES REGARDING THE REQUIREMENTS IMPOSED AND
THE RIGHTS CONFERRED BY THIS SUBTITLE.
(B) THE DISPUTE RESOLUTION PROCESS ESTABLISHED UNDER SUBSECTION
(A) OF THIS SECTION SHALL BE AS FOLLOWS:
(1) UPON RECEIPT OF A WRITTEN COMPLAINT FROM A CHILD IN
STATE SUPERVISED CARE, A RESPONSIBLE ADULT ACTING ON BEHALF OF A CHILD
IN STATE SUPERVISED CARE, OR A PLACEMENT AGENCY, THE PRINCIPAL OF A
SCHOOL SHALL RESOLVE THE COMPLAINT WITHIN 5 SCHOOL DAYS;
(2) THE PRINCIPAL SHALL PROVIDE THE PERSON WHO FILES THE
COMPLAINT UNDER PARAGRAPH (1) OF THIS SUBSECTION WITH A WRITTEN
EXPLANATION OF THE PRINCIPAL'S RESOLUTION OF THE COMPLAINT INCLUDING
INFORMATION REGARDING THE PERSON'S RIGHT TO APPEAL;
(3) IF A PRINCIPAL DOES NOT ISSUE A DECISION WITHIN 5 DAYS, OR THE
PERSON UNDER PARAGRAPH (1) OF THIS SUBSECTION IS DISSATISFIED WITH THE
DECISION OF THE PRINCIPAL, THAT PERSON MAY FILE A WRITTEN COMPLAINT WITH
THE COUNTY SUPERINTENDENT;
(4) THE COUNTY SUPERINTENDENT SHALL RENDER A DECISION WITHIN
10 SCHOOL DAYS OF RECEIPT OF THE COMPLAINT;
(5) IF THE COUNTY SUPERINTENDENT DOES NOT ISSUE A DECISION
WITHIN 10 SCHOOL DAYS, OR THE PERSON UNDER PARAGRAPH (1) OF THIS
SUBSECTION IS DISSATISFIED WITH THE DECISION OF THE COUNTY
SUPERINTENDENT, THAT PERSON MAY FILE A WRITTEN APPEAL TO THE COUNTY
BOARD WITHIN 30 DAYS;
(6) A COUNTY BOARD SHALL RENDER A DECISION WITHIN 45 DAYS OF
RECEIPT OF THE APPEAL; AND
(7) IF A PERSON UNDER PARAGRAPH (1) OF THIS SUBSECTION IS
DISSATISFIED WITH THE DECISION OF THE COUNTY BOARD, THAT PERSON MAY FILE
A WRITTEN APPEAL TO THE STATE BOARD WITHIN 30 DAYS.
(C) (B) DURING THE DISPUTE RESOLUTION PROCESS THE CHILD IN
STATE-SUPERVISED CARE SHALL REMAIN ENROLLED IN THE RECEIVING SCHOOL.
(D) (C) A CHILD IN STATE-SUPERVISED CARE WHO IS THE SUBJECT OF A
DISPUTE SHALL BE PROVIDED APPROPRIATE REMEDIAL EDUCATIONAL SERVICES AS
NEEDED INCLUDING THE IMPLEMENTATION OF AN EXISTING INDIVIDUALIZED
EDUCATION PROGRAM.
- 1568 -
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