Maryland Education Section 8-413

      (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)      "Federal law" means the Individuals with Disabilities Education Act and regulations adopted under that Act.

            (4)      "Public agency" means the State Department of Education, a local school system, or any State agency responsible for providing education to students with disabilities, including the Maryland School for the Blind and the Maryland School for the Deaf.

      (b)      (1)      If a parent seeks review of the decision of a public agency concerning the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education, any party shall be given the opportunity to request mediation of those aspects of the decision subject to dispute.

            (2)      The request for mediation may not be used to deny or delay the parent's rights under federal law or this section.

            (3)      Any party to the mediation has the right to be accompanied and advised by counsel.

      (c)      (1)      A parent or guardian of a student with disabilities or the public agency may make a written request to the Office of Administrative Hearings for a review of the identification, evaluation, or educational placement of the child or the provision of a free appropriate education for the child.

            (2)      In order to conduct a hearing, the Office of Administrative Hearings shall appoint an impartial administrative law judge who:

                  (i)      Is an administrative law judge in the Office of Administrative Hearings;

                  (ii)      Has received and continues to receive specialized training in matters significant to the educational review of students with disabilities; and

                  (iii)      Has no interest that would conflict with the administrative law judge's objectivity in the review.

            (3)      The Office of Administrative Hearings shall inform the parent of any free or low cost legal and other relevant services available upon request or whenever a hearing is initiated under this section.

            (4)      Unless the parent and the public agency otherwise agree, during the course of any administrative or judicial proceeding, the student must remain in the last approved placement.

            (5)      If the hearing concerns the initial admission of a child into a public school, the student with the consent of the parent must be placed in the public school program until the proceedings have been completed.

      (d)      (1)      The administrative law judge appointed under subsection (c) of this section shall conduct the hearing in accordance with federal law, Title 10 of the State Government Article, and the Office of Administrative Hearings Rules of Administrative Procedure, and may:

                  (i)      After review of the educational records of the child, dismiss any request for review which does not relate to a matter described in subsection (c)(1) of this section;

                  (ii)      Require the parties to attend a prehearing conference prior to the due process hearing;

                  (iii)      Hear any testimony that it considers relevant;

                  (iv)      Require an independent evaluation or call an impartial expert witness in the diagnosis or education of students with disabilities whose testimony shall be on the record and whose costs shall be paid by the State Education Agency; and

                  (v)      Administer oaths to witnesses at the hearing on request of a party.

            (2)      The provisions of the Family Educational Rights and Privacy Act and 34 C.F.R. Part 99 shall apply to school records sought by the impartial expert witness.

            (3)      If the parties cannot agree on an impartial expert witness, each party shall be given the opportunity to submit a list of possible experts, and the administrative law judge shall decide which impartial expert witness to call.

      (e)      (1)      Any party to the hearing has the right to:

                  (i)      Be accompanied and be advised by counsel and individuals with special knowledge or training with respect to the problems of children with disabilities;

                  (ii)      Present evidence and confront, cross-examine, and compel the attendance of witnesses;

                  (iii)      Prohibit the introduction of any evidence at the hearing which has not been disclosed to all parties at least 5 days before the hearing;

                  (iv)      Obtain a written or electronic verbatim record of the hearing; and

                  (v)      Obtain written findings of fact and decisions.

            (2)      Parents involved in the hearings must be given the right to:

                  (i)      Have the child who is the subject of the hearing present; and

                  (ii)      Open the hearing to the public.

      (f)      The hearing shall be held and a written decision shall be issued within 45 calendar days from the request for the hearing. The administrative law judge may grant a specific extension of time not to exceed 60 calendar days for good cause shown.

      (g)      If, at the time of the hearing request, the student who is the subject of the hearing is not enrolled and attending an educational program, an expedited hearing schedule shall apply. In these cases, the hearing shall be held within 20 calendar days and a written decision shall be issued within 15 calendar days of the hearing.

      (h)      Within 180 calendar days of the issuance of the hearing decision, any party to the hearing may file an appeal from a final review 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 student resides.

      (i)      (1)      If a local school system has made a free appropriate public education available to a child with a disability and the parent of the child chooses to place the child in a nonpublic school, the local school system is not required to pay for the child's education at the nonpublic school.

            (2)      Before removing a child from the local school system, a parent of the child shall notify the local school system of the parent's:

                  (i)      Decision to reject the local school system's proposed placement;

                  (ii)      Concerns leading to the decision to remove the child from the local school system; and

                  (iii)      Intention to enroll the child in a nonpublic school at public expense.

            (3)      The parent shall provide notice by:

                  (i)      Informing the individualized education program team at the most recent meeting the parent attended before the removal of the child; or

                  (ii)      Providing the local school system with written notice at least 10 business days, including holidays that occur on business days, before the removal of the child.

            (4)      If the parent decides to enroll the child in a nonpublic school without the consent of or referral by the local school system, an impartial hearing officer or a court may require the local school system to reimburse the parent for the costs of the placement if:

                  (i)      The child had previously received special education and related services under the authority of the local school system; and

                  (ii)      An impartial hearing officer or court determines that the local school system had not made a free appropriate public education available to the child in a timely manner before the parent enrolled the child in the nonpublic school.

            (5)      Reimbursement may be reduced or denied by the impartial hearing officer or court if the:

                  (i)      Parent failed to notify the local school system of the decision as required under paragraph (3) of this subsection;

                  (ii)      Parent's actions were unreasonable; or

                  (iii)      Parent failed to make the child available for evaluation before the child's removal and after the local school system provided the parent with written notice of its intention to evaluate the child, including an appropriate and reasonable statement of the purpose of the evaluation.

            (6)      An impartial hearing officer or court may not reduce or deny reimbursement for failure to provide notice as required under paragraph (3) of this subsection if:

                  (i)      The parent is illiterate and cannot write in English;

                  (ii)      Providing notice would likely result in physical or serious emotional harm to the child;

                  (iii)      The local school system prevented the parent from providing notice; or

                  (iv)      The parent was not provided with a copy of the procedural safeguards notice in accordance with COMAR 13A.05.01.11A, including the requirements of this subsection.

            (7)      Disagreements between a parent and a local school system regarding the availability of a free appropriate public education and the question of financial responsibility are subject to the provisions of subsections (c) through (h) of this section and COMAR 13A.05.01.15C.