§ 8-406. Placement in nonpublic programs
West's Annotated Code of MarylandEducationEffective: January 1, 2024
Effective: January 1, 2024
MD Code, Education, § 8-406
§ 8-406. Placement in nonpublic programs
(a) In this section, “wraparound services”:
(b)(1) A child with a disability who needs special education and related services that cannot be provided in a public county, regional, or State program shall be placed in an appropriate nonpublic educational program that offers these services.
(c)(1) The cost of the nonpublic educational program shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, as appropriate.
(2) Subject to availability of funding in the State budget, for a child who qualifies for a nonpublic educational program under subsection (b)(2) of this section and who requires wraparound services in order to receive special education and related services in the least restrictive environment, the cost of providing the services shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, if a State or local agency documents that the child's parent or legal guardian is unable to provide the wraparound services.
(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:
(e) 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.
(f) 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.
Credits
Added as Education § 8-409 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1978, c. 942, §§ 2, 3, eff. July 1, 1978; Acts 1979, c. 224; Acts 1980, c. 265; Acts 1982, c. 260; Acts 1985, c. 10, § 3. Renumbered as Education § 8-406 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1998, c. 726, § 1, eff. July 1, 1998; Acts 2001, c. 29, § 6, eff. April 10, 2001; Acts 2002, c. 563, § 1, eff. July 1, 2002; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2006, c. 233, § 1, eff. July 1, 2006; Acts 2021, c. 700, § 1, eff. July 1, 2021; Acts 2021, c. 701, § 1, eff. July 1, 2021; Acts 2022, c. 500, § 1, eff. Jan. 1, 2024; Acts 2023, c. 648, § 1, eff. July 1, 1023.
Formerly Art. 77, § 106D.
MD Code, Education, § 8-406, MD EDUC § 8-406
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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