WILLIAM DONALD SCHAEFER, Governor
Ch. 367
(4) Training and experience gained, including areas of expertise, shall be
summarized by each hearing officer listed and made available to public scrutiny.
(5) The panel for any State level hearing shall be selected in the following
manner:
(i) [The Board shall provide the parents with four names, which,
unless otherwise agreed upon by both parties, shall be chosen in rotating alphabetical
sequence from the list of hearing officers] THE OFFICE OF ADMINISTRATIVE
HEARINGS SHALL PROVIDE THE PARENTS WITH THE NAMES OF TWO JUDGES FROM
THE OFFICE OF ADMINISTRATIVE HEARINGS AND THREE HEARING OFFICERS, FROM
WHICH THE PARENTS SHALL SELECT ONE JUDGE AND TWO HEARING OFFICERS;
(ii) [The parents shall choose three of the four] UNLESS OTHERWISE
AGREED UPON BY BOTH PARTIES, THE NAMES OF THE JUDGES AND HEARING
OFFICERS SHALL BE CHOSEN IN ROTATING ALPHABETICAL SEQUENCE FROM LISTS
OF JUDGES AND HEARING OFFICERS; and
(iii) The parents shall notify the [Board] OFFICE OF
ADMINISTRATIVE HEARINGS of their selection within [15] 5 WORKING days of the
[Board's] OFFICE OF ADMINISTRATIVE HEARINGS' notification. In the absence of such
notification by parents, the [Board] OFFICE OF ADMINISTRATIVE HEARINGS shall
assign hearing officers in rotating alphabetical sequence starting with the list in
subparagraph (i) above.
(6) If it becomes necessary to provide a substitute hearing officer for a
member of the panel chosen by the method prescribed in paragraph (5) of this subsection,
the [Board] OFFICE OF ADMINISTRATIVE HEARINGS shall choose from the list in
rotating alphabetical sequence the next available person.
(7) The [Board] OFFICE OF ADMINISTRATIVE HEARINGS shall maintain
and make publicly available a complete record of all requests, successful or not, of
hearing officers to serve on panels.
(c) (1) The State hearing [board] PANEL OR THE ADMINISTRATIVE LAW
JUDGE APPOINTED UNDER SUBSECTION (B) OF THIS SECTION may:
(i) After review of the educational records of the child, dismiss any
request for review which does not relate to a matter described in subsection (b)(1) of this
section;
(ii) Hear any testimony that it considers relevant;
(iii) Require a complete and independent diagnosis, evaluation, and
prescription of educational programs by qualified persons, the cost of which shall be paid
by the State Board; and
(iv) Subject to § 8-409 of this subtitle, confirm, modify, or reject any
diagnosis, evaluation, educational program, or exclusion or exemption of the child from
school privileges and require alternate special educational programs for the child.
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