reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3 - Education of Blind Children › Section 8-316 - Penalties

(a)    Any person who has a blind child under the person’s control and who violates any provision of § 8–302 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.
(b)    Any person who induces or attempts to induce a blind child to be absent unlawfully from school, or who employs or harbors a blind child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.
(c)    (1)    Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s sight impairment or from some other cause.
(2)    One of the physicians shall be an appropriate specialist.
(3)    If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a sight impairment, the State’s Attorney shall enforce the provisions of this section.
(4)    These medical examinations shall be paid for by the county in which the child who is examined resides.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-01 - "Deaf Child" Defined

In this subtitle, “deaf child” means a child at least 6 years old and under the age of 19 years who has a hearing impairment, and because of that impairment cannot progress satisfactorily in an ordinary public or private school.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-02 - Education of Deaf Children Required

(a)    This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.
(b)    Each deaf child shall attend a school or classes for the deaf during the school year unless the child otherwise is receiving regular, thorough instruction during the school year in studies usually taught in the public schools to children of the same age.
(c)    A superintendent or principal of a school for the deaf or an individual authorized by a superintendent or principal may excuse a deaf child for a necessary absence.
(d)    Each person who has a deaf child under the person’s control shall see that the child attends school or receives instruction as required by this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-04 - Maryland School for the Deaf

(a)    There is a Maryland School for the Deaf.
(b)    The governance of the Maryland School for the Deaf is vested in the Board of Trustees of the Maryland School for the Deaf.
(c)    (1)    The Board of Trustees shall consist of 19 members appointed by the Governor with the advice and consent of the Senate.
(2)    Of the 19 members, at least 6 members shall be deaf.
(3)    Each member of the Board shall:
(i)    Be a resident of the State;
(ii)    Be a member of the general public; and
(iii)    Have demonstrated an active interest in the education of deaf children.
(4)    Each geographic region of the State shall be represented by at least one member of the Board.
(d)    (1)    The term of a member is 6 years.
(2)    The terms of the members are staggered as required by the terms provided for the members of the Board on October 1, 1992.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member may not serve more than two consecutive terms.
(e)    The Board may:
(1)    Apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person; and
(2)    Maintain, manage, and invest any gifts or grants that it accepts.
(f)    The Board shall establish an annual operating budget.
(g)    (1)    There is a branch of the Maryland School for the Deaf.
(2)    This branch shall be located near the population center of the State.
(3)    The branch shall be administered and operated as part of and is subject to the Maryland School for the Deaf.
(h)    (1)    The Maryland School for the Deaf shall adopt written standards for the admission of students.
(2)    The standards shall define and distinguish between students who are bona fide Maryland residents and those who are out–of–state students, for purposes of admission and tuition.
(i)    The Maryland School for the Deaf shall admit students free of charge who:
(1)    Are bona fide Maryland residents; and
(2)    Meet the admission standards of the Maryland School for the Deaf.
(j)    (1)    The Maryland School for the Deaf may admit out–of–state students for tuition who meet the admission standards of the Maryland School for the Deaf.
(2)    The Maryland School for the Deaf shall establish tuition rates on an annual basis.
(k)    Each teacher who is employed by the Maryland School for the Deaf is in the professional service in the State Personnel Management System.
(l)    Professional personnel and staff employed by the Maryland School for the Deaf are in the professional and skilled services in the State Personnel Management System.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-05 - Maryland School for the Deaf -- Notice to Parents or Guardians of Availability of Programs

Each local education agency in the State shall notify the parents or guardians of each hearing–impaired child of the availability of the educational programs offered by the Maryland School for the Deaf.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-06 - Maryland School for the Deaf -- Information to Be Provided to State Board

Under § 2–206 of this article, the Maryland School for the Deaf shall keep the State Board fully informed as to the educational program and administrative policies of the schools under their jurisdiction.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-07 - Maryland School for the Deaf -- Program of Enhanced Services

(a)    The Maryland School for the Deaf shall establish and operate a program of enhanced services for deaf students who have other moderate to severe disabilities.
(b)    The Maryland School for the Deaf shall include a description of the program in the written agreement with the Department required under § 8–3A–08 of this subtitle.
(c)    The costs of providing enhanced services to a child under the program shall be paid to the school and be provided jointly by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.
(d)    (1)    The child shall be jointly placed in the enhanced program, in accordance with procedures for students with disabilities, by the local school system and the Maryland School for the Deaf.
(2)    The county in which a child placed in the enhanced program is domiciled shall pay the local share of the “basic cost”, as defined in § 8–415(d)(1) of this title, of the education for that child.
(3)    The State shall pay the remaining cost of providing services under the program to the child.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-08 - Maryland School for the Deaf -- Monitoring and Review by Department

(a)    The Department and the Maryland School for the Deaf shall enter into a written agreement.
(b)    The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:
(1)    Review by the Department of the annual budget approved by the Board of the Maryland School for the Deaf;
(2)    Monitoring of the Maryland School for the Deaf’s program of enhanced services for deaf students by the Department who have other moderate to severe disabilities, including the criteria approved by the Board of the Maryland School for the Deaf for the admission of students to the program;
(3)    Consultation between the Department and the Maryland School for the Deaf on issues of deaf education;
(4)    Assistance from the Department in developing agreements between the Maryland School for the Deaf and local school systems and other State and local agencies for provision of services to deaf children; and
(5)    Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Deaf’s educational program and services to deaf children as required by federal or State law.
(c)    (1)    The Maryland School for the Deaf may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to deaf children.
(2)    This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for deaf and hearing–impaired students.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-09 - Maryland School for the Deaf -- Funding

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “4–year average annual full–time equivalent enrollment” means:
(i)    The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Deaf during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and
(ii)    One–half the average number of children served annually by the Maryland School for the Deaf’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period.
(3)    “Growth in the target per pupil foundation amount” means the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.
(4)    “Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–202 of this article.
(5)    “Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Maryland School for the Deaf shall receive an appropriation equal to or greater than the sum of:
(i)    75% of the prior year appropriation multiplied by the product of:
1.    The sum of the weighted enrollment growth plus 1; and
2.    The sum of the growth in the target per pupil foundation amount plus 1; and
(ii)    25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus 1.
(2)    The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Deaf.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-10 - Maryland School for the Deaf -- Pay Plan for Teachers and Professionals

(a)    There shall be a single, uniform pay plan for teachers and other professional personnel at the campuses of the Maryland School for the Deaf. The pay plan shall be established by the Secretary of Budget and Management after considering recommendations from the Board of Trustees of the Maryland School for the Deaf. The Secretary shall include in the pay plan classifications and pay grades based on the duties, responsibilities, education, and training required.
(b)    In determining its recommendations for the pay plan, the Board of Trustees, in consultation with the faculty and staff of the Maryland School for the Deaf, shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend to the Secretary of Budget and Management salaries that will be adequate to recruit and retain qualified teachers and professional personnel at the Maryland School for the Deaf.
(c)    The Board of Trustees shall provide their recommendations to the Secretary of Budget and Management on or before the June 1 prior to the July 1 of the first fiscal year in which the pay plan will take effect.
(d)    Beginning with the third fiscal year the pay plan is in effect and in every third fiscal year thereafter, the Secretary of Budget and Management shall adjust the pay plan, if necessary, to ensure that salaries in the pay plan are adequate to recruit and retain qualified educators and other professional personnel.
(e)    On or before the September 1 preceding the beginning of the fiscal year for which adjustments to the pay plan may be made under this subsection, the Board of Trustees of the Maryland School for the Deaf shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.
(f)    The Secretary of Budget and Management shall review the recommendations of the Board of Trustees prior to making adjustments to the pay plan authorized by this Act.
(g)    The Secretary of Budget and Management shall incorporate these adjustments into the budget recommendations for the Governor’s review and approval for inclusion in the annual budget request.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 3A - Education of Deaf Children › Section 8-3A-11 - Penalties

(a)    Any person who has a deaf child under the person’s control and who violates any provision of § 8–3A–02 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.
(b)    Any person who induces or attempts to induce a deaf child to be absent unlawfully from school, or who employs or harbors a deaf child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.
(c)    (1)    Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s hearing impairment or from some other cause.
(2)    One of the physicians shall be an appropriate specialist.
(3)    If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a hearing impairment, the State’s Attorney shall enforce the provisions of this section.
(4)    These medical examinations shall be paid for by the county in which the child who is examined resides.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-401 - Definitions; Domicile of Child

(a)    (1)    In this subtitle the following words have the meanings indicated.
(2)    “Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf–blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment, including blindness, and who because of that impairment needs special education and related services.
(3)    “Free appropriate public education” means special education and related services that:
(i)    Are provided at public expense, under public supervision and direction, at no cost to the parents;
(ii)    Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(iii)    Includes preschool, elementary, and secondary education; and
(iv)    Are provided in conformance with the requirements of the child’s individualized education program.
(4)    (i)    “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.
(ii)    “Related services” includes the early identification and assessment of disabling conditions in children.
(iii)    “Related services” does not include a surgically implanted medical device or the replacement of the device.
(5)    “Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:
(i)    Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii)    Instruction in physical education.
(b)    In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-402 - Workers' Compensation for Child With a Disability

(a)    (1)    A child with a disability who has been placed by a local school system or private noncollegiate institution with an employer in an unpaid work assignment as part of an individualized education program is a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.
(2)    A resident in a facility as defined under § 10–101(g) of the Health – General Article is not a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.
(b)    Compensation for injury or death to a child with a disability under this section shall be based on the federal minimum wage in effect at the time of the child’s injury.
(c)    A local school system or private noncollegiate institution that places a child with a disability with an employer in an unpaid work assignment pursuant to the child’s individualized education program may secure workers’ compensation coverage for that child.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-403 - Appropriate Public Education for Child With a Disability

(a)    The State and each local school system shall make a free appropriate public education available to each child with a disability, as provided by this subtitle.
(b)    Appropriate special education and related services are available to a child with a disability from birth through the end of the school year in which the child turns 21 years of age.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-404 - Adoption of Regulatory Standards for Education of Children With Disabilities

(a)    The State Board shall adopt, as regulations, standards for the identification, evaluation, educational placement, and the provision of a free appropriate public education of each child in this State who has begun the school year under the age of 21 and is found to need special education and related services, whether or not the child is receiving nonduplicative services from another governmental agency.
(b)    Before these standards are adopted, the State Board shall consult with public and private agencies and persons who are concerned with and knowledgeable about the educational needs of children with disabilities who require special education and related services.
(c)    The standards for the education of a child with a disability who is enrolled in a school that is operated by an agency other than a local school system may not be lower than the standards for the education of a child with a disability who is enrolled in a school that is operated by a local school system. The standards for the approval of schools located in jurisdictions outside Maryland shall be the same as standards applicable to the approval of schools within Maryland. However, no school located in a jurisdiction outside Maryland shall be approved if the charges for pupils approved by the Department are higher than charges for pupils from any other state for the same services, unless waived by the State Superintendent.
(d)    The standards shall include:
(1)    The required qualifications for teachers, administrators, and other professionals serving a child with a disability;
(2)    Procedures for the identification, evaluation, educational placement, and provision of a free appropriate public education for a child with a disability who requires the provision of special education and related services;
(3)    Guidelines for curricula, instructional materials, equipment, and the organization, administration, and supervision of the program, including accounting, auditing, and reporting procedures;
(4)    Provisions for local, regional, and State day and residential centers for children with disabilities who cannot be served appropriately in the public schools;
(5)    Coordination of these special education services with services given by any other government agency; and
(6)    Guidelines for approval of placement in nonpublic schools or facilities if appropriate public services are not available.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-411 - Education and Training of Children With Disabilities Who Are Under the Age of 6

(a)    (1)    Each year the Governor shall place an item in the State budget for the education and training of children with disabilities who are under the age of 6.
(2)    The appropriation by the General Assembly shall be spent under the supervision and control of the Department.
(b)    The Department shall adopt standards and issue rules and regulations based on these standards for:
(1)    Identification, evaluation, early intervention, and education of children with disabilities;
(2)    Qualifications of service providers and teachers;
(3)    Curriculum and equipment; and
(4)    General supervision and operation of the program provided in this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-412.1 - Transfer of Rights at Age of Majority

(a)    When a child with a disability reaches the age of 18 years, all rights accorded to parents under the federal Individuals with Disabilities Education Act shall transfer to the child if the child has not been adjudged incompetent under State law and if there is documentation that:
(1)    The parents are unavailable or unknown as defined in § 8-412 of this subtitle, the child would be eligible for a parent surrogate, and the child requests that the parental rights be transferred to the child;
(2)    The parents have not participated in the special education decision making process for the child after repeated attempts by the local school system to involve the parents over the previous year as described in COMAR 13A.05.01.07C(7);
(3)    The parents have affirmatively rejected participation in the special education decision making process;
(4)    The parents cannot participate in the special education decision making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both of the parents and the parents have consented to the transfer of rights to the child;
(5)    The parents cannot participate in the special education decision making process due to extraordinary circumstances beyond the control of the parents and the parents have consented to the transfer of rights to the child; or
(6)    The child is living outside of the parents’ home and is not in the care or custody of another public agency as defined in § 8-412 of this subtitle.
(b)    A child with disabilities who reaches the age of 18 years and is living at home with the child’s parents and whose parents do not consent to the transfer of rights to the child may file for due process in accordance with § 8-413 of this subtitle to determine whether the rights should be transferred to the child.
(c)    If a child with disabilities who has reached the age of 18 years has been represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice required by the federal Individuals with Disabilities Education Act shall be provided to both the child and to the parent surrogate and all other rights accorded to the parent surrogate under that Act shall transfer to the child if the child has not been adjudged incompetent under State law and the child requests that the rights transfer to the child.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-415 - Shared Cost of Education of Children With Disabilities

(a)    Reserved.
(b)    Reserved.
(c)    Reserved.
(d)    (1)    In this subsection, “basic cost” as to each county, means the average amount spent by the county from county, State, and federal sources for the public education of a nonhandicapped child. “Basic cost” does not include amounts specifically allocated and spent for identifiable compensatory programs for disadvantaged children.
(2)    As provided in paragraphs (3) and (4) of this subsection, the State and the counties shall share collectively in the cost of educating children with disabilities in nonpublic programs under § 8–406 of this subtitle.
(3)    (i)    Subject to the limitation under subparagraph (ii) of this paragraph, for each of these children domiciled in the county, the county shall contribute for each placement the sum of:
1.    The local share of the basic cost;
2.    An additional amount equal to 200 percent of the basic cost; and
3.    A.    For fiscal year 2009, an additional amount equal to 20 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph; and
B.    For fiscal year 2010 and each subsequent fiscal year thereafter, an additional amount equal to 30 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph.
(ii)    The amount that a county is required to contribute under subparagraph (i) of this paragraph may not exceed the total cost or reimbursement amount approved by the Department.
(4)    For each of these children, the State shall contribute an amount equal to the amount of the approved cost or reimbursement in excess of the amount the county is required to contribute under paragraph (3) of this subsection.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-417 - Rate Setting for Residential and Nonresidential Child Care Programs and Nonpublic General Education Schools

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Nonpublic general education school” means a nonpublic school approved under COMAR 13A.09.10 pursuant to § 2–206 of this article and operated in conjunction with residential or nonresidential child care programs licensed or approved by the Department, the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
(3)    “Nonresidential child care program” means a program that:
(i)    Provides services for children in a nonresidential setting, designed to achieve objectives related to the needs of children at risk of out–of–home placement; and
(ii)    Is licensed or approved by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
(4)    “Residential child care program” means a program that:
(i)    Provides care for children 24 hours a day within a structured set of services and activities designed to achieve objectives related to the needs of the children served; and
(ii)    Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
(b)    (1)    The Department, in collaboration with the fiscal agent of the Children’s Cabinet Fund under Title 8, Subtitle 5 of the Human Services Article, shall administer and implement a redesigned rate setting process for nonpublic general education schools, residential child care programs, and nonresidential child care programs.
(2)    The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the Governor’s Office of Crime Prevention, Youth, and Victim Services shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.
(c)    (1)    A decision as to the amount or implementation of rates established under this section may be appealed by sending a written request for appeal to the Children’s Cabinet.
(2)    The request shall set forth the specific objections to the decision as to the amount or implementation of rates established under this section.
(3)    The Children’s Cabinet or designees shall issue a final, binding opinion upholding, reversing, or modifying the rates set by the Interagency Rates Committee within 30 days after receipt of the request for appeal.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-418 - Habilitative Services Information

A local school system shall provide to the parents or guardians of a child with a disability verbal and written information about access to habilitative services, including a copy of the Maryland Insurance Administration’s Parents’ Guide to Habilitative Services, at the following times:
(1)    The transition meeting for a child moving from the Maryland Infants and Toddlers Program to a local school system;
(2)    A child’s initial individualized education program meeting;
(3)    At least one time each year at a child’s individualized education program meeting; and
(4)    On the approval or denial of a parent’s or guardian’s request for a related service to enable a child with a disability to benefit from special education.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 4 - Children With Disabilities › Section 8-419 - Development and Publication of List of Special Education Service Delivery Models

(a)    (1)    Each county board shall develop and publish on its website a list of all special education service delivery models in the local school system.
(2)    The county board shall clearly state that all decisions regarding the placement of a child with a disability in a special education service delivery model under paragraph (1) of this subsection will be made by an individualized education program team in consultation with the parents or guardians of the child and consistent with the least restrictive environment requirements of the federal Individuals with Disabilities Education Act.
(b)    On request, the county board shall provide a written copy of the information provided under subsection (a) of this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.
(c)    “Noncollegiate educational institution” has the meaning stated in § 2–206 of this article.
(d)    “Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated.
(e)    “Placement agency” means:
(1)    A local department of social services;
(2)    The Maryland Department of Health;
(3)    The Department of Juvenile Services; or
(4)    A private agency that:
(i)    Engages in the placement of children in homes or with individuals; and
(ii)    Is licensed by the Social Services Administration under § 5–507 of the Family Law Article.
(f)    “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care is newly enrolled or seeks to enroll.
(g)    “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving school.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-502 - Intent

It is the intent of the General Assembly that the State promote the education and well-being of children in State-supervised care by facilitating:
(1)    The prompt enrollment of children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and
(2)    The prompt transfer of the educational records of children in State-supervised care.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-503 - Notice to Receiving School

(a)    Prior to or concurrent with the placement or modification of the placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency’s designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
(b)    The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
(c)    After receiving notice under subsection (a) or (b) of this section, a receiving school shall fulfill the requirements of § 8-504(a) of this subtitle.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-504 - Requirements for Receiving and Sending Schools

(a)    Within 2 school days after receiving notice under § 8-503 of this subtitle, a receiving school shall:
(1)    Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;
(2)    Request, in writing, the educational records of the child in State-supervised care from the sending school;
(3)    Provide a copy of the request made under item (2) of this subsection to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and
(4)    Inform the child in State-supervised care, or the responsible adult acting on behalf of the child in State-supervised care, of the rights conferred by this subtitle.
(b)    After receiving notice under subsection (a) of this section, a sending school shall:
(1)    Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;
(2)    Immediately inform the receiving school orally of the status of the child in State-supervised care under the federal Rehabilitation Act of 1973 codified at 29 U.S.C. § 794 (§ 504) or under the federal Individuals with Disabilities Education Act codified at 20 U.S.C. § 1400; and
(3)    Within 3 school days following receipt of notice from the receiving school, send by mail or transmit electronically to the receiving school a copy of:
(i)    A completed student withdrawal or transfer record of the child in State-supervised care;
(ii)    The academic records of the child in State-supervised care;
(iii)    The immunization records of the child in State-supervised care; and
(iv)    If applicable, the most recent individualized education plan or § 504 plan and the most recent assessment of the child in State-supervised care.
(c)    Notwithstanding subsection (b)(3) of this section, a placement agency or school employee may hand carry the documents listed in subsection (b)(3) of this section from a sending school to a receiving school.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-505 - Dispute Resolution Process

(a)    Each county board shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights conferred by this subtitle.
(b)    During the dispute resolution process the child in State-supervised care shall remain enrolled in the receiving school.
(c)    A child in State-supervised care who is the subject of a dispute shall be provided appropriate educational services including the implementation of an existing individualized education program.
(d)    The Department shall adopt regulations to implement this section on or before January 1, 2006.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-506 - Implementation by County Boards

(a)    The Department shall ensure that each county board takes reasonable measures to implement this section.
(b)    A county board shall inform:
(1)    Principals, teachers, and other school personnel in the county of the requirements imposed by this subtitle;
(2)    Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights conferred by this subtitle; and
(3)    Other interested parties of the requirements imposed and the rights conferred by this subtitle.
(c)    The Department shall adopt regulations to implement this section on or before January 1, 2006.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 5 - Children in State-Supervised Care › Section 8-507 - Reimbursement of Basic Cost

(a)    In this section, “basic cost” means the average amount spent by a county board from county and State funds for the public education of a nondisabled child.
(b)    A county board shall reimburse the Department of Juvenile Services or the Department of Human Services the amount of the basic cost calculated under subsection (a) of this section for each child who was domiciled in the county prior to the placement if:
(1)    The Department of Juvenile Services or the Department of Human Services places a child who is in State–supervised care in a nonpublic residential placement that also provides the education program for the child;
(2)    The child does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of this title; and
(3)    The child was included in the full–time equivalent enrollment of the county as calculated under § 5–202 of this article.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Eligible individual” means an individual who:
(1)    Is a resident of the State;
(2)    Is identified by an otolaryngologist or a licensed audiologist as having a hearing loss; and
(3)    (i)    Is under the age of 21 years; and
(ii)    Has not graduated from high school.
(c)    “Licensed audiologist” means an individual who is licensed to practice audiology under Title 2 of the Health Occupations Article.
(d)    “Loan Bank” means the Hearing Aid and Language and Communication Video Loan Bank.
(e)    “Otolaryngologist” means an individual who:
(1)    Is licensed to practice medicine under Title 14 of the Health Occupations Article; and
(2)    Specializes in otolaryngology.
(f)    “Program” means the Hearing Aid and Language and Communication Video Loan Bank Program.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-602 - Program Established

(a)    There is a Hearing Aid and Language and Communication Video Loan Bank Program in the Department.
(b)    The Program is established for the purpose of lending or providing:
(1)    Hearing aids on a temporary basis to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid to ensure that eligible individuals will have maximum auditory input throughout childhood, adolescence, and into young adulthood; and
(2)    Language and communication videos on a temporary basis and resources that may be downloaded from a website to a parent or legal guardian of an eligible individual to ensure that parents or legal guardians of eligible individuals have:
(i)    Access to resources that provide them with unbiased information about language and communication options to use with their deaf or hard of hearing child; and
(ii)    Resources to teach them the language or other means of communication that they choose to use with their deaf or hard of hearing child.
(c)    The Program shall employ an otolaryngologist or a licensed audiologist.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-603 - Hearing Aid and Language and Communication Video Loan Bank

(a)    There is a permanent Hearing Aid and Language and Communication Video Loan Bank in the Department.
(b)    The Program shall provide and maintain:
(1)    A pool of hearing aids in the Loan Bank to lend to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid;
(2)    Testing and programming equipment for hearing aids in the Loan Bank;
(3)    Supplies for repair and reconditioning of hearing aids in the Loan Bank; and
(4)    Language and communication videos to be loaned to a parent or legal guardian of an eligible individual and resources that may be downloaded from a website that provide:
(i)    Unbiased information about language and communication options to use with a deaf or hard of hearing child; and
(ii)    Instruction on learning the language or communication options in item (i) of this item.
(c)    (1)    The Governor shall include in the State budget an appropriation to the Program of:
(i)    $5,000 in fiscal year 2021; and
(ii)    $300 in fiscal year 2022 and each fiscal year thereafter.
(2)    The appropriation in paragraph (1) of this subsection shall be used to satisfy the requirement in subsection (b)(4) of this section.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 8 - Special Programs for Exceptional Children › Subtitle 6 - Hearing Aid and Language and Communication Video Loan Bank Program › Section 8-604 - Hearing Aid Loans

(a)    The Program shall lend a suitable hearing aid to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid on receipt of:
(1)    A prescription from an otolaryngologist or a licensed audiologist; and
(2)    Any documents required by the Program to prove that the individual is an eligible individual who has no immediate access to a hearing aid.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the loan period shall be for not more than 1 year.
(2)    The Program may extend the original loan period for the loan of a hearing aid for an additional 1–year period if, prior to each extension, the Program determines that:
(i)    The individual does not have immediate access to another hearing aid under Medicaid, the Maryland Children’s Health Program, or private health insurance;
(ii)    The individual’s parent or legal guardian currently does not have the financial means to obtain immediate access to another hearing aid; and
(iii)    The individual’s parent or legal guardian is making reasonable efforts to obtain access to another hearing aid.
(c)    A parent or legal guardian who borrows a hearing aid from the Loan Bank for an eligible individual shall:
(1)    Be the custodian of the hearing aid;
(2)    Return the hearing aid immediately to the Loan Bank on the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;
(3)    Be responsible for the proper care and use of the hearing aid;
(4)    Be responsible for any damage to or loss of the hearing aid; and
(5)    Sign a written agreement provided by the State Superintendent that states the term and conditions of the loan.
(d)    If the parent or legal guardian of an eligible individual receives a hearing aid on loan from the Loan Bank, the Program shall ensure that the eligible individual’s otolaryngologist or licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the Program.