PARRIS N. GLENDENING, Governor                             Ch. 323

during the prohibited hours only for attendance at a previously scheduled appointment,
and if the student is a minor then only if accompanied by his parent or guardian.

(4) Any person who violates any provision of this subsection is guilty of a
misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

(e)     (1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. §
921.

(2)     Except as provided in paragraph (3) of this subsection, if the County
Superintendent or the Superintendent's designated representative finds that a student
has brought a firearm onto school property, the student shall be expelled for a minimum
of 1 year.

(3)     The County Superintendent may specify, on a case by case basis, a
shorter period of expulsion or an alternative educational setting, if alternative
educational settings have been approved by the County Board, for a student who has
brought a firearm onto school property.

(4)      (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH, IF THE PROCEEDINGS CONDUCTED UNDER THIS SUBSECTION
INVOLVE AN IDENTIFIED STUDENT WITH DISABILITIES WHO IS DETERMINED TO
HAVE BROUGHT A FIREARM TO SCHOOL, THE STUDENT MAY BE PLACED IN AN
INTERIM ALTERNATIVE EDUCATIONAL SETTING IN ACCORDANCE WITH STATE LAW
PROCEDURES, FOR NOT MORE THAN THE MAXIMUM NUMBER OF DAYS SPECIFIED
IN THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT, 20 U.S.C. 1415(E)
OR THE IMPROVING AMERICA'S SCHOOLS ACT.

(II) THE INTERIM ALTERNATIVE EDUCATIONAL SETTING SHALL
BE DECIDED BY THE ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.

(III)   IF A PARENT OR GUARDIAN OF AN IDENTIFIED STUDENT WITH
DISABILITIES REQUESTS A DUE PROCESS HEARING, THE STUDENT SHALL REMAIN IN
THE ALTERNATIVE EDUCATIONAL SETTING DESCRIBED ABOVE DURING THE
PENDENCY OF ANY PROCEEDINGS CONDUCTED UNDER THIS SUBSECTION, UNLESS
THE PARENTS AND THE LOCAL SCHOOL SYSTEM AGREE OTHERWISE.

(IV)   THIS SUBSECTION DOES NOT SUPERSEDE THE PROVISIONS OF §
14601 OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT IF THE
CONDUCT OF THE IDENTIFIED STUDENT WITH DISABILITIES IS UNRELATED TO THE
STUDENTS DISABILITY, EXCEPT THAT, IN THOSE CIRCUMSTANCES, THE
PROCEDURES UNDER STATE AND FEDERAL LAW SHALL BE FOLLOWED.

[(4)] (5) The State Board shall adopt regulations to implement this
subsection.

(f)      (1) [A handicapped] FOR ANY OTHER NONFIREARM DISCIPLINARY
ACTION A student WITH A DISABILITY may not be removed from the student's current
educational placement for more than 10 school days each school year unless:

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