Ch. 739                                       LAWS OF MARYLAND

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

Article - Education

8-401.1.

(A)  (1) A HANDICAPPED STUDENT WHO HAS BEEN PLACED WITH AN
EMPLOYER IN AN UNPAID WORK ASSIGNMENT AS PART OF AN
INDIVIDUALIZED EDUCATION PLAN IS AN EMPLOYEE OF THE EMPLOYER FOR
THE PURPOSES OF WORKERS' COMPENSATION WITHIN THE MEANING OF
ARTICLE 101, SECTION § 21 OF THE CODE.

(2) A RESIDENT IN A FACILITY AS DEFINED UNDER §
10-101(E) OF THE HEALTH - GENERAL ARTICLE IS NOT AN EMPLOYEE OF
THE EMPLOYER FOR THE PURPOSES OF WORKERS' COMPENSATION WITHIN THE
MEANING OF ARTICLE 101, § 21 OF THE CODE.

(B) ANY WORKERS' COMPENSATION BENEFIT PAID TO A HANDICAPPED
STUDENT UNDER THIS SECTION SHALL BE THE MINIMUM AMOUNT FOR THAT
INJURY AUTHORIZED BY ARTICLE 101 OF THE CODE.

(B)  COMPENSATION FOR INJURY OR DEATH TO A HANDICAPPED
STUDENT UNDER THIS SECTION SHALL BE BASED ON THE FEDERAL MINIMUM
WAGE IN EFFECT AT THE TIME OF THE STUDENT'S INJURY.

(C)  A COUNTY BOARD OF EDUCATION THAT PLACES A HANDICAPPED
STUDENT WITH AN EMPLOYER IN AN UNPAID WORK ASSIGNMENT PURSUANT TO
THE STUDENT'S INDIVIDUALIZED EDUCATION PLAN MAY SECURE WORKERS'
COMPENSATION COVERAGE FOR THAT STUDENT.

Article 101 - Workmen's Compensation

16.

The employer shall secure compensation to his employees in
one of the following ways;

(5) BY HAVING A COUNTY BOARD OF EDUCATION SECURE
COMPENSATION FOR THE EMPLOYEE UNDER § 8-401.1(C) OF THE EDUCATION
ARTICLE.

21.

(b) The following shall constitute employees subject to the
provisions of this article, except as exempted under subsection
(c) of this section:

(12) A HANDICAPPED STUDENT WITH AN EMPLOYER IN AN
UNPAID WORK ASSIGNMENT PURSUANT TO SECTION § 8-401.1 OF THE
EDUCATION ARTICLE IS AN EMPLOYEE OF THE EMPLOYER FOR THE PURPOSES
OF WORKERS' COMPENSATION.

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