Ch. 717

LAWS OF MARYLAND

of certain appeals; and generally relating to appeals from
certain decisions on the placement of handicapped children.

BY repealing and reenacting, with amendments,

Article - Education

Section 8-415

Annotated Code of Maryland

(1985 Replacement Volume and 1987 Supplement)

Preamble

WHEREAS, Under the provisions of federal law, appeals to
federal courts from decisions of the State Hearing Board
regarding the placement of handicapped children must be taken
within a period of time provided by State law for analogous
causes of action if that period is consistent with the purposes
of the Federal Education for Handicapped Children Act; and

WHEREAS, It is the intention of the General Assembly of
Maryland to provide for a time for appeal of such decisions to
State courts that is appropriate for such cases, that is
consistent with the purposes of the federal act, and that, under
the provisions of federal law, will govern appeals of such
decisions to federal courts; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Education

8-415.

(a) (1) If a county board makes a placement decision for a
handicapped child, the parent or guardian of the handicapped
child may make a written request to the county board for a review
of the identification, evaluation, or educational placement of
the child or the provision of a free appropriate public education
for the child.

(2) Within 45 days after it receives a request for
review, the county board, pursuant to the provisions of
paragraphs (3) and (4), shall appoint:

(i) A hearing officer, knowledgeable in the
fields and areas significant to the educational review of the
handicapped child, to hear the case and make a decision; or

(ii) A hearing board consisting of individuals
who meet the qualifications of subparagraph (i).

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