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Ch. 321                                     1993 LAWS OF MARYLAND

(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(4)     If a child is withdrawn from a public school under this subsection, the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.

(2)     Any person who has control over a child who is 5 years old or older and
under 16 who fails to see that the child attends school or receives instruction under this
section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $50
per day of unlawful absence or imprisonment not to exceed 10 days, or both.

(3)     As to any sentence imposed under this section, the court may suspend
the fine or the prison sentence and establish terms and conditions which would promote
the child's attendance. The suspension authority provided for in this subsection is in
addition to and not in limitation of the suspension authority under Article 27, § 641A of
the Code.

(f) A child may be exempted from attending kindergarten if a parent or guardian
of the child files a written request with the local school system and verifies that the child
is enrolled:

(1)     Full-time in a licensed child care center;

(2)     Full-time in a registered family day care home; or

(3)     Part-time in a head start 5 year old program.

(G) KINDERGARTEN PROGRAMS ARE NOT SUBJECT TO THE REQUIREMENTS
OF § 7-103(A) OF THIS TITLE RELATING TO MINIMUM DAYS OR HOURS OF
OPERATION.

SECTION 3. 2. AND BE IT FURTHER ENACTED, That the provisions of this
Act shall take effect July 1, 1993, and shall be construed to apply retroactively.

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