Sec. 13a.08.03.02. Definitions  


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  • A. In this chapter, the following terms have the meanings indicated.

    B. Terms Defined.

    (1) "Administrative law judge" means an impartial hearing officer as defined in COMAR 13A.05.01.03B(31).

    (2) "Business day" has the meaning stated in COMAR 13A.05.01.03B(9).

    (3) "Controlled substance" means a drug or other substance identified under the Controlled Substance Act, 21 U.S.C. §812(c), section 202(c), schedules I-V.

    (4) "FAPE" means a free appropriate public education as defined in COMAR 13A.05.01.03B(27) and implemented in accordance with COMAR 13A.05.01.

    (5) "IEP" means an individualized education program as defined in COMAR 13A.05.01.03B(34) and developed in accordance with COMAR 13A.05.01.

    (6) "IEP team" has the meaning stated in COMAR 13A.05.01.03B(35).

    (7) Illegal Drug.

    (a) "Illegal drug" means a controlled substance.

    (b) "Illegal drug" does not include:

    (i) A substance that is legally possessed or used under the supervision of a licensed health-care professional; or

    (ii) A substance that is legally possessed or used under any other authority under the Controlled Substance Act or any other provision of federal law.

    (8) "Public agency" has the meaning stated in COMAR 13A.05.01.03B(59).

    (9) "School day" has the meaning stated in COMAR 13A.05.01.03B(66).

    (10) "Serious bodily injury" means an injury inflicted on another individual that results in:

    (a) A substantial risk of death;

    (b) Extreme physical pain;

    (c) Protracted and obvious disfigurement; or

    (d) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty in accordance with 18 U.S.C. §1365(h)(3).

    (11) "Student with a disability" has the meaning stated in COMAR 13A.05.01.03B(78).

    (12) "Weapon" means a dangerous weapon as defined under §18 U.S.C. 930(g)(2).