Ch. 190

1996 LAWS OF MARYLAND

(3)     THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL INFORM THE
PARENT OF ANY FREE OR LOW COST LEGAL AND OTHER RELEVANT SERVICES
AVAILABLE UPON REQUEST OR WHENEVER A HEARING IS INITIATED UNDER THIS
SECTION.

(4)     UNLESS THE PARENT AND THE PUBLIC AGENCY OTHERWISE AGREE,
DURING THE COURSE OF ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING, THE
STUDENT MUST REMAIN IN THE LAST APPROVED PLACEMENT.

(5)      IF THE HEARING CONCERNS THE INITIAL ADMISSION OF A CHILD
INTO A PUBLIC SCHOOL, THE STUDENT WITH THE CONSENT OF THE PARENT MUST
BE PLACED IN THE PUBLIC SCHOOL PROGRAM UNTIL THE PROCEEDINGS HAVE
BEEN COMPLETED.

[(2) The Office of Administrative Hearings shall maintain a list of at least 30
hearing officers who are knowledgeable regarding the education of students with
disabilities.

(3)     An individual may not serve as a hearing board member if he:

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

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

(4)     Training and experience gained, including areas of expertise, shall be
summarized by each hearing officer listed and made available to public scrutiny.

(5)     The panel for any State level hearing shall be selected in the following
manner:

(i) The Office of Administrative Hearings shall provide the parents
with the names of two judges from the Office of Administrative Hearings and three
hearing officers, from which the parents shall select one judge and two hearing officers;

(ii) Unless otherwise agreed upon by both parties, the names of the
judges and hearing officers shall be chosen in rotating alphabetical sequence from lists of
judges and hearing officers; and

(iii) The parents shall notify the Office of Administrative Hearings of
their selection within 15 days of the Office of Administrative Hearings' notification. In
the absence of such notification by parents, the Office of Administrative Hearings shall
assign hearing officers in rotating alphabetical sequence starting with the list in
subparagraph (i) above.

(6)     If it becomes necessary to provide a substitute hearing officer for a
member of the panel chosen by the method prescribed in paragraph (5) of this subsection,
the Office of Administrative Hearings shall choose from the list in rotating alphabetical
sequence the next available person.

(7)     The Office of Administrative Hearings shall maintain and make publicly
available a complete record of all requests, successful or not, of hearing officers to serve
on panels.]

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