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PARRIS N. GLENDENING, Governor
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Ch. 563
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IN ACCORDANCE WITH § 8-415(D) OF THIS SUBTITLE, IF A STATE OR LOCAL AGENCY
DOCUMENTS THAT THE CHILD'S PARENT OR LOCAL GUARDIAN IS UNABLE TO
PROVIDE THE WRAPAROUND SERVICES.
[(c)] (D) (1) Payment or reimbursement for a nonpublic program may not be
provided if the payment or reimbursement would require an additional contribution
from the State under § 8-415(d)(2) of this subtitle unless the Department approves:
(i) The nonpublic program;
(ii) The placement of the child in the program;
(iii) The cost of the program; and
(iv) The amount of payment or reimbursement.
(2) FOR WRAPAROUND SERVICES, PAYMENT OR REIMBURSEMENT MAY
NOT BE PROVIDED IN ACCORDANCE WITH § 8-415(D) OF THIS SUBTITLE IF NOT
ELIGIBLE FOR RETURN/DIVERSION, OR:
(I) THE CHILD IS ELIGIBLE FOR FUNDING FOR OUT-OF-STATE
PLACEMENT OF CHILDREN UNDER ARTICLE 49D, §§ 4.3 AND 20.1 OF THE CODE; OR
(II) ALTERNATIVE FEDERAL, STATE, OR LOCAL FUNDING IS
AVAILABLE.
[(2)] (3) Department approval is not required for a nonpublic program if:
(i) The local school system approves the placement of the child in
the program; and
(ii) The local school system makes the payment or reimbursement
from local funds.
[(3)] (4) The State Board shall adopt regulations that establish
standards and guidelines for approvals required by paragraph [(2)] (3) of this
subsection.
[(d)] (E) A nonpublic placement recommended by a local school system for
approval under subsection [(c)(1)] (D)(1) of this section shall be approved or
disapproved pursuant to the regulations of the State Board. However, the
Department may not disapprove a nonpublic placement recommended by a local
school system for a child unless the Department provides an appropriate alternative
placement in conformity with the regulations of the State Board and applicable
federal laws and regulations. The Department may not terminate funding for the last
approved nonpublic placement of a child during the pendency of an administrative or
judicial review of a recommended placement change.
[(e)] (F) In addition to meeting the requirements of this subtitle, a local school
system seeking nonpublic tuition payment must also meet the requirements of Article
49D of the Code, as applicable, and obtain funding approval from the local
coordinating council and the State Coordinating Council.
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- 4209 -
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