§ 8-402. Workers' compensation for child with a disability

   (a) Employee of employer. --

   (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 workers' compensation.

   (2) A resident in a facility as defined under § 10-101(e) of the Health - General Article is not a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers' compensation.

(b) Basis for compensation. -- 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.

(c) County board to secure coverage. -- 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.

HISTORY: 1989, ch. 739; 1991, ch. 21, § 3; 1996, ch. 10, § 16; 1998, ch. 726; 2007, ch. 229.