PARRIS N. GLENDENING, Governor

Ch. 120

(6) A school system shall forward information to another school system
relating to the discipline of a student, including information on an expulsion of the
student, on receipt of the request for information.

(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 student's disability, except that, in those
circumstances, the procedures under State and federal law shall be followed.

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

(f) (1) 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:

(i) The Admission, Review, and Dismissal Committee has determined
that the conduct which prompted the disciplinary action was not a manifestation of the
student's disability and the student's parents have not appealed the determination;

(ii) The Admission, Review, and Dismissal Committee has determined
in accordance with regulations adopted by the State Board of Education that the
cumulative effect of 2 or more suspensions totaling more than 10 school days each school

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