Ch. 367                                        1994 LAWS OF MARYLAND

(2)    The STATE hearing [board] PANEL OR THE ADMINISTRATIVE LAW
JUDGE shall make its decision within the time prescribed by the bylaws of the State Board
of Education and applicable federal law or regulations.

(3)      Each [board] PANEL member is entitled to a reasonable fee and
expenses as established by the State Board.

(d)     In accordance with the bylaws of the State Board and applicable federal law or
regulations, the time limits imposed by subsections (a) and (c) of this section for a
decision on a request for review shall be extended or waived on written request to the
reviewing authority by the parent or guardian who requested the review.

(e) At any hearing held under this section, upon the request of a party, the
hearing officer shall administer oaths to all witnesses.

(f)       [If a decision is not made on a request for review within the time prescribed
by the bylaw and applicable federal law and regulations, the circuit court for the county in
which the child resides, on petition, shall hear and make a decision on the request for
review as soon as practicable after receiving the record of the case.]

(1)      UNDER THIS SECTION, ANY PUBLIC AGENCY, PARENT OR GUARDIAN
MAY FILE AN APPEAL FROM A FINAL REVIEW DECISION OF THE OFFICE OF
ADMINISTRATIVE HEARINGS TO THE FEDERAL DISTRICT COURT FOR MARYLAND
OR TO THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE STUDENT RESIDES.

(2)      AN APPEAL UNDER THIS SECTION SHALL BE FILED WITHIN 180 DAYS
AFTER THE DATE THAT NOTICE OF THE DECISION OF THE STATE HEARING PANEL
OR THE ADMINISTRATIVE LAW JUDGE IS SENT.

(g)      [(1) An appeal from the decision of the State hearing board under subsection
(c) of this section shall be to the circuit court for the county in which the handicapped
child resides.] ANY REVIEW REQUESTED BY A PARENT OR GUARDIAN OF A STUDENT
WITH DISABILITIES SHALL BE CONDUCTED IN CONFORMITY WITH THIS SECTION
AND ANY APPLICABLE FEDERAL LAW.

[(2) An appeal to the circuit court under paragraph (1) of this subsection
shall be filed within 180 days after the date that notice of the State hearing board's
decision is sent.]

[(h) Except for a review by a circuit court, any review requested by a parent or
guardian of a handicapped child shall be conducted in conformity with this section and
any applicable federal law.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1994.

Approved May 2, 1994.

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