Education (GED) — Title 8. Special Programs for Exceptional Children

In this subtitle the following words have the meanings indicated.

“Disadvantaged child” means a child who:

“Program of compensatory education” means a program adopted by a county board for any of the grades prekindergarten through 12 that:

New or modified teacher training curricula to incorporate instruction in methods and techniques:

Research and consultative projects undertaken to assist State agencies and the county boards in carrying out their responsibilities under this subtitle; and

Evaluation, demonstration, and distribution of findings that are related to programs of compensatory education independently or in cooperation with any public or private agency or organization that engages in research and development designed to overcome disadvantage.

Supervise and control each program of compensatory education provided in this State;

Take any action necessary to coordinate these programs;

Approve or disapprove, as may be appropriate, each county program application; and

Provide technical and consultative assistance to the county boards.

The State Board shall establish standards to guide county boards in applying for:

These standards apply to the extent that they do not conflict with the federal Elementary and Secondary Education Act of 1965 or regulations adopted under that Act.

Emphasizes a preventive program aimed at disadvantaged or potentially disadvantaged children; and

Has as an ultimate goal:

In this subtitle, “gifted and talented student” means an elementary or secondary student who is identified by professionally qualified individuals as:

A gifted and talented student needs different services beyond those normally provided by the regular school program in order to develop the student’s potential; and

Gifted and talented students are to be found in youth from all cultural groups, across all economic strata, and in all areas of human endeavor.

Teacher training to incorporate instruction in methods and techniques that are designed to enable teachers to identify and teach gifted and talented students;

Research undertaken to help develop new or modified curricula for gifted and talented students; and

Evaluation, demonstration, and distribution of findings that are related to programs for gifted and talented students.

This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.

Each blind child shall attend a school or classes for the blind 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.

A superintendent or principal of a school for the blind or an individual authorized by a superintendent or principal may excuse a blind child for a necessary absence.

Each person who has a blind child under the person’s control shall see that the child attends school or receives instruction as required by this section.

The Maryland School for the Blind shall adopt written standards for the admission and dismissal of students.

The standards and any amendments shall be submitted to the State Board for approval under § 2–206 of this article.

The State Board may require modifications to the standards as it considers necessary.

If the Maryland School for the Blind refuses to admit a child or dismisses a child, a parent or guardian of the child may make a written request to the Office of Administrative Hearings that a review be conducted to determine if the decision was appropriate.

A review shall be conducted pursuant to the provisions of § 8–413 of this title.

In this section, “Board” has the meaning stated in § 8–310 of this subtitle.

Teachers and any other professional personnel at the Maryland School for the Blind shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in Baltimore County.

In determining its recommendations for the pay plan, the Board, in consultation with the faculty and staff of the Maryland School for the Blind, shall review the salaries of public school teachers and other professional personnel in Baltimore County 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 Blind.

The Board shall provide 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.

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 teachers and other professional personnel.

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 section, the Board shall review the salaries of public school teachers and other professional personnel in Baltimore County and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.

The Secretary of Budget and Management shall review the recommendations of the Board prior to making adjustments to the pay plan authorized by this section.

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.

The Board of Directors of the Maryland School for the Blind shall give each county board on April 1 and October 1 of each year a statement that contains:

The Maryland School for the Blind, a body corporate of the State the charter of which was established on May 19, 1853, shall be governed by the Board.

The Maryland School for the Blind shall establish and operate a program of enhanced services for blind students who have other severe disabilities.

The Maryland School for the Blind shall include a description of the program in the written agreement with the Department of Education required under § 8–312 of this subtitle.

The costs of providing enhanced services to a child under the program shall be shared by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.

In addition to the funding provided for enhanced services under this section, the Governor shall annually include at least $1,000,000 in the State budget for the cost of providing residential services.

On or before September 1 each year, the Department shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with § 2–1257 of the State Government Article, on:

The Department of Education and the Maryland School for the Blind shall enter into a written agreement.

The agreement shall provide for monitoring and review by the Department of the Maryland School for the Blind, including:

Salaries, wages, and fringe benefits;

Technical and special fees;

Communications;

Travel;

Contractual services;

Supplies and materials;

Equipment;

Fixed charges; and

Other expenses.

Notwithstanding § 4–114 of this article and subject to regulations adopted by the Interagency Commission on School Construction, the Maryland School for the Blind shall be eligible for funding under the Public School Construction Program in accordance with Title 5, Subtitle 3 of this article.

The Interagency Commission on School Construction shall adopt regulations for funding school construction and school capital improvements at the Maryland School for the Blind in accordance with the requirements set forth in Title 5, Subtitle 3 of this article that apply to school construction and school capital improvement projects funded for county boards of education.

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.

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.

This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.

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.

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.

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.

There is a Maryland School for the Deaf.

The governance of the Maryland School for the Deaf is vested in the Board of Trustees of the Maryland School for the Deaf.

The Board may:

The Board shall establish an annual operating budget.

The Maryland School for the Deaf shall admit students free of charge who:

Each teacher who is employed by the Maryland School for the Deaf is in the professional service in the State Personnel Management System.

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.

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.

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.

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.

The Department and the Maryland School for the Deaf shall enter into a written agreement.

The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The standards shall include:

The individualized education program team shall determine, on at least an annual basis, whether the child requires extended year services in order to ensure that the child is not deprived of a free appropriate public education by virtue of the normal break in the regular school year.

To fulfill the purposes of this section, school personnel may provide the documents required under this section through:

Failure to comply with this section does not constitute a substantive violation of the requirement to provide a student with a free appropriate public education.

The Department shall adopt:

Subject to subsection (b) of this section, at least one time each year at a student’s 504 plan meeting, the parents of the student shall be provided with the written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.

In this section, “wraparound services”:

A nonpublic placement recommended by a local school system for approval under subsection (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.

In addition to meeting the requirements of this subtitle, a local school system seeking nonpublic tuition payment shall obtain funding approval from the local coordinating council and the State Coordinating Council in accordance with departmental regulations.

The Department shall adopt regulations to carry out the provisions of this section.

On or before March 1, 2017, the Department shall provide guidelines to each local school system on conducting orientation and mobility assessments in accordance with subsection (c)(3) of this section.

On or before December 31, 2026, and each December 31 thereafter, the Department shall report its findings on the equity of textbooks and supplemental materials for blind and visually impaired students to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

The State Board shall adopt regulations:

Each local school system shall provide or arrange for the transportation during the regular school year of each child with a disability who is in a placement approved in conformity with this subtitle and applicable regulations of the State Board and standards in:

In both the adoption of guidelines under subsection (c)(2) of this section and the annual review under subsection (d) of this section of each applicable county’s plan or procedures for transporting children with disabilities to nonpublic special education facilities, the State Department shall:

The Department shall adopt standards and issue rules and regulations based on these standards for:

Public agency personnel shall request that the local school superintendent appoint a parent surrogate to represent a child at any point in the educational decision making process if it is suspected that the child may be disabled and if:

Any request to the local school superintendent for the appointment of a parent surrogate under subsection (b) of this section shall include:

The local school superintendent shall ensure that the person proposed to serve as the child’s parent surrogate:

The State Board shall adopt rules and regulations in accordance with the Administrative Procedure Act on the qualifications, selection, appointment, training, compensation, removal, and replacement necessary to implement this section.

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:

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.

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.

The hearing shall be held and a written decision shall be issued within the time periods established by federal law. The administrative law judge may grant a specific extension of time at the request of either party.

If, at the time of the due process complaint, the child who is the subject of the hearing is not enrolled and attending an approved educational program or, if the due process complaint is over the placement or manifestation determination of a child, due to a violation of the rules of conduct, an expedited hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing.

Within 120 calendar days of the issuance of the hearing decision, any party to the hearing may file an appeal from a final decision of the Office of Administrative Hearings to the federal District Court for Maryland or to the circuit court for the county in which the child resides.

All public agencies shall include information about the Program in the parent’s rights documents distributed to families in the individualized education program meetings and before mediation or due process hearings under § 8–413 of this subtitle.

The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.

Reserved.

Reserved.

Reserved.

The Department shall adopt regulations to carry out the provisions of this section.

The Department shall be the lead agency for supervising and monitoring the Program.

The Program shall include the early intervention services provided or supervised by the Department, the Maryland Department of Health, including the Early Hearing Detection and Intervention Program established under Title 13, Subtitle 6 of the Health – General Article, and the Department of Human Services.

The Program shall be administered in accord with the applicable requirements of Part C of the Individuals with Disabilities Education Act and other applicable federal and State laws.

An interagency coordinating council shall be appointed by the Governor, with the advice and consent of the Senate, and shall:

Local lead agencies shall be established or designated in each county and Baltimore City to administer the Program in their subdivision, under the direction of the Department.

Beginning in fiscal year 2021, the Governor shall provide the following amounts for the Program:

The Department shall adopt regulations necessary to carry out the provisions of this section.

The transition meeting for a child moving from the Maryland Infants and Toddlers Program to a local school system;

A child’s initial individualized education program meeting;

At least one time each year at a child’s individualized education program meeting; and

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.

On request, the county board shall provide a written copy of the information provided under subsection (b) of this section.

There is a Therapeutic Child Care Grant Program in the State.

The Department may adopt regulations necessary to carry out this section.

In this subtitle the following words have the meanings indicated.

“Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.

“Noncollegiate educational institution” has the meaning stated in § 2–206 of this article.

“Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated.

“Placement agency” means:

“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.

“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.

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