PARRIS N. GLENDENING, Governor                             Ch. 351

(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(4)     If a child is withdrawn from a public school under this subsection, the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] LEGAL CUSTODY OR CARE AND
CONTROL OF 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:

(I)      [on] FOR A FIRST conviction is subject to a fine not to exceed $50
per day of unlawful absence or imprisonment not to exceed 10 days, or both; AND

(II)    FOR A SECOND OR SUBSEQUENT CONVICTION IS SUBJECT TO A
FINE NOT TO EXCEED $100 PER DAY OF UNLAWFUL ABSENCE OR IMPRISONMENT
NOT TO EXCEED 30 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 18, 1995.

CHAPTER 351
(House Bill 233)

AN ACT concerning

Charging Documents—Public School Personnel Charging Documents - Applicability to

Educators

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