PARRIS N. GLENDENING, Governor

Ch. 190

(6) Within the same 45-day period, the hearing officer or the hearing board
shall review the request and make a decision.]

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "ADMINISTRATIVE LAW JUDGE" MEANS AN INDIVIDUAL SERVING IN
THE ROLE OF AN IMPARTIAL HEARING OFFICER AS REQUIRED UNDER THE
FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(3)      "FEDERAL LAW" MEANS THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT AND REGULATIONS ADOPTED UNDER THAT ACT.

(4)      "PUBLIC AGENCY" MEANS THE STATE DEPARTMENT OF EDUCATION,
A LOCAL SCHOOL SYSTEM, OR ANY STATE AGENCY RESPONSIBLE FOR PROVIDING
EDUCATION TO STUDENTS WITH DISABILITIES, INCLUDING THE MARYLAND
SCHOOL FOR THE BUND AND THE MARYLAND SCHOOL FOR THE DEAF.

(B)     (1) IF A PARENT SEEKS REVIEW OF THE DECISION OF A PUBLIC AGENCY
CONCERNING THE IDENTIFICATION, EVALUATION, OR EDUCATIONAL PLACEMENT
OF A STUDENT OR THE PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION,
ANY PARTY SHALL BE GIVEN THE OPPORTUNITY TO REQUEST MEDIATION OF
THOSE ASPECTS OF THE DECISION SUBJECT TO DISPUTE

(2)      THE REQUEST FOR MEDIATION MAY NOT BE USED TO DENY OR
DELAY THE PARENTS RIGHTS UNDER FEDERAL LAW OR THIS SECTION.

(3)      ANY PARTY TO THE MEDIATION HAS THE RIGHT TO BE
ACCOMPANIED AND ADVISED BY COUNSEL

[(b)] (C) (1) [After exhausting all locally available administrative remedies and
procedures, a] A parent or guardian of a student with disabilities or the [ county board
that is responsible for providing special educational services for the child] PUBLIC
AGENCY may make a written request to the Office of Administrative Hearings for a
review of the identification, evaluation, or educational placement of the child or the
provision of a free appropriate education for the child.

(2) IN ORDER TO CONDUCT A HEARING, THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL APPOINT AN IMPARTIAL ADMINISTRATIVE LAW
JUDGE WHO:

(I)      IS AN ADMINISTRATIVE LAW JUDGE IN THE OFFICE OF
ADMINISTRATIVE HEARINGS;

(II)     HAS RECEIVED AND CONTINUES TO RECEIVE SPECIALIZED
TRAINING IN MATTERS SIGNIFICANT TO THE EDUCATIONAL REVIEW OF STUDENTS
WITH DISABILITIES; AND .

(III) HAS NO INTEREST THAT WOULD CONFLICT WITH THE
ADMINISTRATIVE LAW JUDGE'S OBJECTIVITY IN THE REVIEW.

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