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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, […]

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 […]

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 […]

Section 8-405 – Meetings to Discuss and Evaluate Educational Program; Extended Year Services

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Accessible copy” includes a copy of a document provided to an individual in a format as defined in § 8–408 of this subtitle.         (3)    “Extenuating circumstance” means:             (i)    A death in the family;             (ii)    A personal emergency;             (iii)    A natural disaster; or             (iv)    Any other similar situation defined by the […]

Section 8-406 – Placement of Child With a Disability in Nonpublic Educational Program

    (a)    In this section, “wraparound services”:         (1)    Means individualized services, excluding regular school programs or services, that are provided to a child with a disability and the child’s family; and         (2)    Includes the following services:             (i)    Behavioral aide in home;             (ii)    Education tutoring;             (iii)    Family therapy;             (iv)    Medication management;             (v)    Respite care;             (vi)    Vocational mentoring; and             (vii)    Environmental accessibility adaptations.     (b)    (1)    A child with a disability […]

Section 8-408 – Individualized Education Programs for Blind or Visually Impaired Children

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Assessment” means the process of collecting data to be used by an IEP team to determine a student’s need for special education and related services.         (3)    “Braille” means the system of reading and writing through touch commonly known as Standard English Contracted Braille.         (4)    “Child who is […]

Section 8-410 – Transportation of Child With a Disability

    (a)    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:         (1)    A public school;         (2)    A school maintained by a State agency; and         (3)    A […]

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 […]

Section 8-412 – Parent Surrogates

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Child” means an individual who is eligible to receive education services in accordance with the Individuals with Disabilities Education Act and applicable State law and regulation.         (3)    “Educational decision making process” means all procedures relating to the identification, evaluation, or educational placement of a child and […]

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 […]

Section 8-413 – Review of Placement Decision of Student With Disabilities

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Administrative law judge” means an individual serving in the role of an impartial hearing officer as required under the federal Individuals with Disabilities Education Act.         (3)    “Due process complaint” means a written request for a due process hearing filed by the parent of a child with […]

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 […]

Section 8-416 – Maryland Infants and Toddlers Program

    (a)    (1)    There is a Maryland Infants and Toddlers Program in the Department.         (2)    The purpose of the Program is to provide a statewide, community–based interagency system of comprehensive early intervention services to eligible infants and toddlers, from birth until the beginning of the school year following a child’s 4th birthday, and their families.     (b)    The Department shall be […]

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 […]

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 […]