Ch. 17

1996 LAWS OF MARYLAND

Article - Education

[8-404.

(a)     After the State Board adopts standards under § 8-403 of this subtitle, each
county board promptly shall develop a plan to provide special educational services in
accordance with these standards.

(b)     (1) Each plan shall provide for the education of all handicapped children,
including:

(i) Those who are severely handicapped, whose parents or guardians
are domiciled in the county; and

(ii) Those school-aged children who are in day-care centers, or
educational institutions previously classified as day-care centers, which were previously
funded by the Mental Retardation Administration and for whom an exception was
granted for fiscal years 1978-1979 and 1979-1980 whose parents or guardians are
domiciled in the county.

(2) On the request of the child's parents or legal guardian, the county board
and the State Superintendent shall allow any handicapped child described in
subparagraph (1)(ii) of this subsection to remain in the day-care center for the duration
of the child's publicly funded special education services.

(c)     Before adopting a local plan, the county board shall consult with public and
private agencies and persons who are concerned with and knowledgeable about the
problems of children who need special educational services.

(d)     A county board may adopt a plan that exceeds State standards.

(e)     The Department shall provide reasonable assistance to each county board in
the development of its plan.

(f)     Each county plan shall provide for full implementation of programs within 6
years on an annual phase-in basis.

(g)     Each county board shall submit its plan to the State Superintendent within 9
months after adoption of the standards by the State Board and implementation shall
begin with the school year after the plan is submitted.]

[8-405.

(a)     The State Superintendent shall review each county plan and, if he finds that it
meets the standards adopted by the State Board and the requirements of this subtitle, he
shall recommend that the plan be approved by the State Board.

(b)     If the State Superintendent finds that the plan does not meet the standards of
the State Board or the requirements of this subtitle, he shall return it to the county board
with his written statement of why the plan does not meet these standards and
requirements.

(c)     The State Superintendent shall act on the plan within 60 days after he receives
it.

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