Ch. 4

1996 LAWS OF MARYLAND

(f) (1) A handicapped student may not be removed from the student's current
educational placement for more than 10 school days each school year unless:

(i) The admission, review, and dismissal committee has determined
that the conduct which prompted the disciplinary action was not a manifestation of the
student's handicapping condition and the student's parents have not appealed the
determination;

(ii) The admission, review, and dismissal committee has determined in
accordance with regulations adopted by the State Board of Education that the cumulative
effect of 2 or more suspensions totaling more than 10 school days each school year does
not create a pattern of exclusion that significantly impacts upon the student's educational
program and the student's parents have not appealed the determination;

(iii) The student's parents have agreed to an alternative or interim
educational placement; or

(iv) 1. The maintenance of the student's current educational
placement is substantially likely to result in injury to the student or to others;

2.       The student's parents have not agreed to an alternative or
interim educational placement; and

3.       A court of competent jurisdiction has temporarily enjoined
the student from remaining in the student's current educational placement.

(2)     In injunctive proceedings under paragraph (1)(iv)3 of this subsection,
there is a presumption in favor of maintaining the student's current educational
placement. The county superintendent or the superintendent's designated representative
may overcome this presumption by showing that maintaining the student's current
educational placement is substantially likely to result in injury either to the student or to
others.

(3)     Whenever a student has been enjoined from attending the student's
current educational placement under paragraph (1)(iv)3 of this subsection, the county
superintendent shall ensure that the student continues to receive appropriate educational
and related services to the extent practicable.

(G) (1) THIS SUBSECTION DOES NOT APPLY IF THE STUDENT IS REFERRED
TO THE DEPARTMENT OF JUVENILE JUSTICE.

(2) IF A STUDENT VIOLATES A STATE OR LOCAL LAW OR REGULATION
AND DURING OR AS A RESULT OF THE COMMISSION OF THAT VIOLATION DAMAGED,
DESTROYED, OR SUBSTANTIALLY DECREASED THE VALUE OF SCHOOL PROPERTY
OR PROPERTY OF ANOTHER THAT WAS ON SCHOOL PROPERTY AT THE TIME OF THE
VIOLATION, AS PART OF A CONFERENCE ON THE MATTER WITH THE STUDENT, THE
STUDENT'S PARENT OR GUARDIAN AND ANY OTHER APPROPRIATE PERSON, THE
PRINCIPAL MAY SHALL REQUIRE THE STUDENT OR THE STUDENT'S PARENT TO
MAKE RESTITUTION.

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