Ch. 350                                    1995 LAWS OF MARYLAND

Article - Education

Section 7-301(c) and (e)

Annotated Code of Maryland

(1992 Replacement Volume and 1994 Supplement)

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

Article - Education

7-301.

(a)     (1) Except as otherwise provided in this section, each child who resides in
this State and is 5 years old or older and under 16 shall attend a public school regularly
during the entire school year unless the child is otherwise receiving regular, thorough
instruction during the school year in the studies usually taught in the public schools to
children of the same age.

(2)     In accordance with regulations of the State Board of Education, a child
who resides in this State and is 5 years old may be exempted from mandatory school
attendance for 1 year if the child's parent or guardian files a written request with the local
school system asking that the child's attendance be delayed due to the child's level of
maturity.

(3)     Except as provided in subsection (f) of this section or in regulations of
the State Board of Education, each child who resides in this State shall attend a
kindergarten program regularly during the school year prior to entering the first grade
unless the child is otherwise receiving regular, thorough instruction in the skills and
studies usually taught in a kindergarten program of a public school.

(b)     A county superintendent, school principal, or an individual authorized by the
county superintendent or principal may excuse a student for a lawful absence.

(c)     Each person who has [under his control] LEGAL CUSTODY OR CARE AND
CONTROL OF a child who is 5 years old or older and under 16 shall see that the child
attends school or receives instruction as required by this section.

(d)     (1) This section applies to any child who has a mental, emotional, or
physical handicap.

(2)     This section does not apply to a child:

(i) Whose mental, emotional, or physical condition makes his
instruction detrimental to his progress; or

(ii) Whose presence in school presents a danger of serious physical
harm to others.

(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:

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