Ch. 190

1996 LAWS OF MARYLAND

the educational placement of students with disabilities; eliminating the initial local
level tier of review; authorizing an appeal of a decision of the Office of
Administrative Hearings; defining certain terms; and generally relating to the
review of educational placements of students with disabilities.

BY repealing and reenacting, with amendments,
Article - Education
Section 8-415

Annotated Code of Maryland
(1992 Replacement Volume and 1995 Supplement)

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

Article -Education

8-415.

[(a) (1) If a county board makes a placement decision for a student with
disabilities, the parent or guardian of the student with disabilities may make a written
request to the county board for a review of the identification, evaluation, or educational
placement of the child or the provision of a free appropriate public education for the
child.

(2)     Within 45 days after it receives a request for review, the county board,
pursuant to the provisions of paragraphs (3) and (4), shall appoint:

(i) A hearing officer, knowledgeable in the fields and areas significant
to the educational review of the student with disabilities, to hear the case and make a
decision; or

(ii) A hearing board consisting of individuals who meet the
qualifications of subparagraph (i).

(3)     The county board shall maintain a list of at least 10 hearing officers who:

(i) May be selected from the list of State-approved hearing officers
under subsection (b)(2) of this section; and

(ii) Shall have a general knowledge of the law relating to the
placement of students with disabilities.

(4)     Unless otherwise agreed by both parties, the hearing officer or panel
members shall be chosen in rotating alphabetical sequence from those officers on the list
maintained by the county board who satisfy the requirements of paragraph (2).

(5)     An individual may not serve as the hearing officer or a board member if
he:

(i) Is an employee of the State Board or any county board; or

(ii) Has an interest that would conflict with his objectivity in the
hearing.

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