<subtitle num="01" heading="State School Administration"> <chapter num="01" heading="State Board of Education"> <regulation prefix="Regulation" num=".01" heading="Treasurer, Duties."> <paragraph num="A."> <text>The Treasurer of the State Board of Education shall receive and account for all moneys to which it is entitled by law and which may come into its possession. The Treasurer shall deposit the public moneys received in the name of the State Board of Education in such incorporated bank or banks as designated by the Treasurer of Maryland. The Treasurer shall pay out all moneys in accordance with disbursement procedures established by the State Comptroller. The Treasurer shall keep accurate accounts of all moneys received and expended, shall preserve the accounts and all vouchers, and shall deliver all accounts and vouchers to his or her successor in office. The accounts shall be open, at all times, to inspection by members of the Board or any other persons directly interested in the accounts.</text> </paragraph> <paragraph num="B."> <text>The Treasurer shall indicate in account books the particular source from which each item of income is received and shall keep separate accounts of the several funds for which he or she is responsible. The Treasurer shall record the purpose of each expenditure, and the vouchers for all expenditures shall likewise show the purpose of each expenditure separately.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Repealed." /> <regulation prefix="Regulation" num=".02-1" heading="Waivers from Regulations."> <paragraph num="A."> <text>Authority. Upon a demonstration of good cause, substantial compliance, or comparable effort by an educational institution or program seeking a waiver, the State Board of Education may grant waivers from its regulations.</text> </paragraph> <paragraph num="B."> <text>Term.</text> <paragraph num="(1)"> <text>The term of a waiver may not exceed 3 years.</text> </paragraph> <paragraph num="(2)"> <text>Requests to renew waivers for additional 3-year terms may be filed with the State Superintendent of Schools.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedure.</text> <paragraph num="(1)"> <text>The head of an educational institution or program, including an institution of higher education, or the local superintendent of schools on behalf of a school or school system, shall file a waiver request with the State Superintendent of Schools. The request shall include a description of the desired outcome and an explanation of why the waiver is necessary and justifiable under the circumstances.</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent of Schools shall submit to the State Board of Education each waiver request within 45 calendar days of its receipt with a recommendation for either granting or denying the waiver, specifying its term, and providing written justification for any recommended denial.</text> </paragraph> <paragraph num="(3)"> <text>The State Board of Education shall render a decision at its next regularly scheduled meeting. The decision of the State Board of Education on a waiver request is final.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-204 and 2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 22, 1965</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed and new Regulation .04 adopted effective July 1, 1987 (14:10 Md. R. 1171)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3129)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective October 15, 1991 (18:20 Md. R. 2200)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted effective August 5, 1991 (18:15 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 amended effective January 25, 1999 (26:2 Md. R. 106)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 1, 1999 (26:22 Md. R. 1693)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03P amended effective October 15, 1991 (18:20 Md. R. 2200)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 19, 2004 (31:14 Md. R. 1079)</annotation> </annotations> </chapter> <chapter num="02" heading="State Superintendent of Schools"> <regulation prefix="Regulation" num=".01" heading="General Powers and Duties."> <paragraph num="A."> <text>Outside Committee Assignments. The State Superintendent should serve in his or her official capacity only on committees directly concerned with education.</text> </paragraph> <paragraph num="B."> <text>Power to Stay Action of County Boards.</text> <paragraph num="(1)"> <text>The State Superintendent of Schools shall have the authority, either at the request of the President of the State Board of Education or on the State Superintendent’s own motion, to order a stay of any action taken by any local board of education, whether the local board's action is taken by way of rule, regulation, resolution, bylaw, or other order.</text> </paragraph> <paragraph num="(2)"> <text>The stay shall be issued within 5 days of the date notice of the action is received by the State Superintendent or the State Board.</text> </paragraph> <paragraph num="(3)"> <text>The stay shall not exceed 60 days in duration, unless the local board’s action has been appealed to the local board or the State Board, in which case the stay may remain in place until the State Board has issued a final decision on the appeal.</text> </paragraph> <paragraph num="(4)"> <text>The stay may be dissolved at any time by the State Superintendent or the State Board.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Reports on Local School Officials."> <text>The State Superintendent of Schools shall report annually to the State Board of Education the names of all superintendents and their professional assistants appointed under authority of Education Article, §§4-201 and 6-201, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Approval of Construction Plans."> <paragraph num="A."> <text>Purpose. The following requirements of this regulation shall be followed by local school systems to obtain the State Superintendent's approval of certain school construction projects pursuant to Education Article, §2-303(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Applicable projects include the following:</text> <paragraph num="(1)"> <text>Plans or specifications for the remodeling of or addition to a school building if the remodeling or addition costs more than $350,000;</text> </paragraph> <paragraph num="(2)"> <text>Plans or specifications for the construction of a new school building; and</text> </paragraph> <paragraph num="(3)"> <text>Change orders that cost more than $25,000 for the remodeling, restoration, or construction of a school building.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exceptions. A public school construction project or public school capital improvement project for which State planning approval is requested and approved by the Board of Public Works pursuant to Education Article, §5-301, Annotated Code of Maryland, is excepted from the requirements of this regulation.</text> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>Requests for approval shall be in writing and addressed to the State Superintendent.</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent shall approve or disapprove all applicable projects under §B of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>If the State Superintendent disapproves any plan, specification, proposal, or change order, the Superintendent shall state in writing the reasons for disapproval.</text> </paragraph> <paragraph num="(4)"> <text>Approvals required by the fire marshal and other State and local agencies shall be obtained by the local school system before submitting a request for approval of the Superintendent.</text> </paragraph> <paragraph num="(5)"> <text>A local school system may use Interagency Committee/Public School Construction Program (IAC/PSCP) forms for the above referenced requests. If the IAC/PSCP forms are used, a notation of Non-State Funded Project shall be placed at the top of each form.</text> </paragraph> <paragraph num="(6)"> <text>Requests for approval shall be addressed to the State Superintendent of Schools, c/o School Facilities Branch, 200 West Baltimore Street, Baltimore, Maryland 21201.</text> </paragraph> <paragraph num="(7)"> <text>Upon completion of the project, a letter shall be submitted to the Superintendent from the local school system certifying that the project is completed.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The following information shall be submitted:</text> <paragraph num="(1)"> <text>Notification of intent to proceed with a project under §B of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Educational specifications consistent with the outline for educational specifications in the IAC/PSCP Administrative Procedures Guide;</text> </paragraph> <paragraph num="(3)"> <text>Schematic plans;</text> </paragraph> <paragraph num="(4)"> <text>Design development documents;</text> </paragraph> <paragraph num="(5)"> <text>Construction documents;</text> </paragraph> <paragraph num="(6)"> <text>Contract award or authorization for use of local staff;</text> </paragraph> <paragraph num="(7)"> <text>Change orders over $25,000.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Facilities Assessment Survey."> <paragraph num="A."> <text>The State Superintendent of Schools shall report to the State Board of Education the:</text> <paragraph num="(1)"> <text>Condition of existing public school buildings;</text> </paragraph> <paragraph num="(2)"> <text>Adequacy of existing public school buildings to support educational programs; and</text> </paragraph> <paragraph num="(3)"> <text>Cost to upgrade facilities to specified criteria.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contingent on a State appropriation funding the survey, local school systems shall conduct a facilities assessment survey beginning in fiscal year 2008 and at least every 4 years thereafter.</text> </paragraph> <paragraph num="C."> <text>Contingent on State funding, the Department shall:</text> <paragraph num="(1)"> <text>Identify minimum criteria based on the most recent editions of federal, State, and local facilities guidelines, standards, and codes addressing building, site, student capacity, educational programs, and supporting services factors;</text> </paragraph> <paragraph num="(2)"> <text>Identify current construction cost estimate parameters using data from the Interagency Committee on School Construction; and</text> </paragraph> <paragraph num="(3)"> <text>Consult with representatives of local school systems prior to issuing the assessment criteria, construction cost parameters, and survey instrument.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Local School Systems.</text> <paragraph num="(1)"> <text>Subject to §D(2) of this regulation and contingent on State funding, local school systems shall:</text> <paragraph num="(a)"> <text>Assess the adequacy of public school facilities by applying specific minimum criteria to specified building elements in individual schools and report individual school data to the Department; and</text> </paragraph> <paragraph num="(b)"> <text>Estimate the construction cost to remedy facilities deficiencies in individual schools and report individual school data to the Department.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Local school systems may exempt school buildings proposed for closing within the next 4-year period from the survey.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Department shall compile the assessment and cost data into composite findings for the school system and the State and compare these findings to the Final Report of the Task Force to Study Public School Facilities, dated February 2004.</text> </paragraph> <paragraph num="F."> <text>The Department may not release any individual school data.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Facilities Required in Public Schools"> <paragraph num="A."> <text>School Health Services. School health services shall be provided in designated health facilities consistent with COMAR 13A.05.05.10.</text> </paragraph> <paragraph num="B."> <text>Physical Education Program.</text> <paragraph num="(1)"> <text>Scope. This section applies only to schools:</text> <paragraph num="(a)"> <text>Built and occupied, or renovated and occupied, after January 1, 2013; and</text> </paragraph> <paragraph num="(b)"> <text>For which a request for proposal for the selection of an architectural and engineering design consultant for construction or renovation was initiated after July 1, 2010.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Purpose of Facilities. The facilities required in this section are to support the Physical Education instructional program required in COMAR 13A.04.13.</text> </paragraph> <paragraph num="(3)"> <text>Design Guidelines. The design of facilities required in this section shall be based on voluntary guidelines approved by the State Board of Education for physical education programs.</text> </paragraph> <paragraph num="(4)"> <text>The following minimum spaces are required:</text> <paragraph num="(a)"> <text>Gymnasium;</text> </paragraph> <paragraph num="(b)"> <text>Teacher office or planning area;</text> </paragraph> <paragraph num="(c)"> <text>Equipment storage area or areas;</text> </paragraph> <paragraph num="(d)"> <text>Outdoor instructional playing field; and</text> </paragraph> <paragraph num="(e)"> <text>Outdoor instructional hard surface area.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Waiver.</text> <paragraph num="(a)"> <text>The local superintendent of schools may request a waiver of all or part of this section based on design constraints due to:</text> <paragraph num="(i)"> <text>Size of the school site;</text> </paragraph> <paragraph num="(ii)"> <text>Configuration of the school site; and</text> </paragraph> <paragraph num="(iii)"> <text>Zoning.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The State Superintendent of Schools may waive all or part of this section.</text> </paragraph> <paragraph num="(c)"> <text>The waiver decision of the State Superintendent of Schools may be appealed to the State Board of Education.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Lacrosse Opportunities Program."> <paragraph num="A."> <text>The State Superintendent shall develop and administer the Lacrosse Opportunities Program to increase opportunities for minority students to participate in lacrosse in their communities.</text> </paragraph> <paragraph num="B."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“Agency” means a local education agency serving a population of students at least 80 percent of which are minority students.</text> </paragraph> <paragraph num="(b)"> <text>“Local education agency” means any of the 24 local public school systems in the State.</text> </paragraph> <paragraph num="(c)"> <text>“Minority student” means a student who is an Alaska Native, American Indian, Asian-American, African-American, Hispanic American, Native Hawaiian, or Pacific Islander.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Grant Application.</text> <paragraph num="(1)"> <text>An agency may submit an application to receive a grant on forms developed by the Department.</text> </paragraph> <paragraph num="(2)"> <text>An application shall include:</text> <paragraph num="(a)"> <text>A description of the scope and purpose of the proposed program;</text> </paragraph> <paragraph num="(b)"> <text>A business plan that includes the estimated total cost of the proposed program; and</text> </paragraph> <paragraph num="(c)"> <text>Any other information required by the Department in grant application guidelines or forms.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Grant Award.</text> <paragraph num="(1)"> <text>An agency receiving a grant award shall provide matching funds from any combination of federal, county, municipal, or private sources.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall ensure that the grant does not exceed 50 percent of the total annual cost of the grantee’s program.</text> </paragraph> <paragraph num="(3)"> <text>To the extent funds are available, the State Superintendent or designee will award grants to agencies that meet the requirements for a grant under this regulation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303, 2-305, 5-301, 7-103, and 7-409, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 1963</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective February 26, 1979 (6:4 Md. R. 278)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective January 27, 1986 (13:2 Md. R. 138)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3129)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended as an emergency provision effective July 23, 2025 (52:16 Md. R. 845); adopted permanently effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective March 12, 2007 (34:5 Md. R. 561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective October 3, 2011 (38:20 Md. R. 1203)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective December 22, 2014 (41:25 Md. R. 1486)</annotation> </annotations> </chapter> <chapter num="03" heading="State Department of Education"> <regulation prefix="Regulation" num=".01" heading="Organization and Administration."> <paragraph num="A."> <text>Deputy State Superintendent. The Deputy State Superintendent, designated by the State Superintendent or Board of Education, shall serve as Acting State Superintendent in the absence of the State Superintendent of Schools, and, in that capacity, is authorized to sign papers, contracts, checks, and diplomas. A document signed under this authority shall possess the same legal effects as though it were signed by the State Superintendent.</text> </paragraph> <paragraph num="B."> <text>Location. The location of the offices of the State Department of Education shall be in Baltimore, until by action of the State Board of Education the location is changed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Personnel Policies."> <paragraph num="A."> <text>Outside Employment. The assistants of the State Superintendent of Schools shall devote their full time to the work of their respective positions, and shall make no engagements for employment as instructors, or in any other way employ themselves outside their usual duties, without the consent of the State Superintendent of Schools.</text> </paragraph> <paragraph num="B."> <text>Educational Leave.</text> <paragraph num="(1)"> <text>Purpose. The primary purpose of a program of educational leave is to increase the value of the professional staff member to the State Department of Education. This may be accomplished through further study, research, or exchange in a similar position or other experience leading to professional growth.</text> </paragraph> <paragraph num="(2)"> <text>Duration. Educational leave may be requested for a full year or part of a year. The leave shall be on a full-time basis unless otherwise recommended by the State Superintendent of Schools.</text> </paragraph> <paragraph num="(3)"> <text>Selection and Appointment.</text> <paragraph num="(a)"> <text>All benefits, privileges, and opportunities of a person on educational leave shall be continued in the same manner as though the person were on active duty. This applies to tenure and retirement benefits, salary increments, and opportunity for promotion.</text> </paragraph> <paragraph num="(b)"> <text>The number of persons on leave at any one time shall rest with the State Superintendent of Schools.</text> </paragraph> <paragraph num="(c)"> <text>Written application for an educational leave shall be made by the person desiring the leave in time to permit any adjustment in professional responsibilities which might be necessary by the granting of the leave.</text> </paragraph> <paragraph num="(d)"> <text>The application for a leave shall be accompanied by a plan in which the applicant outlines the means by which he or she expects to increase his or her personal worth to the State Department of Education during the period of leave.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>General Provisions.</text> <paragraph num="(a)"> <text>Eligibility. Any professional staff member recommended by the State Superintendent of Schools shall be eligible for educational leave.</text> </paragraph> <paragraph num="(b)"> <text>Salary. The recipient of an educational leave shall be paid on the basis of the recipient's annual salary whether on leave for a full year or any part of a year.</text> </paragraph> <paragraph num="(c)"> <text>Responsibilities.</text> <paragraph num="(i)"> <text>The recipient of an educational leave must agree to return to the service of the State Department of Education for at least one school year if the leave has been for one semester or two school years if the leave has been for two semesters.</text> </paragraph> <paragraph num="(ii)"> <text>If the recipient does not comply with §D(4)(c)(i) of this regulation, the recipient shall be held financially responsible for the educational leave stipend; for all of it if there is no return to service. If the recipient returns but fails to complete two full school years, the recipient shall be held financially responsible for the same proportion of the stipend as the period of service unfulfilled is to 2 years.</text> </paragraph> <paragraph num="(iii)"> <text>Full-time employment by the recipient of an educational leave, except when on an exchange basis, shall be prohibited. This does not, however, preclude the acceptance of grants, fellowships, or honoraria for occasional consultative service which would not interfere with the leave plan of the recipient.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Approval of educational leave is subject to availability of funding.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, § 2-103 and 2-104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 28, 1967</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 15, 1989 (15:27 Md. R. 3130); November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective January 15, 1989 (15:27 Md. R. 3130); August 15, 1994 (21:16 Md. R. 1385)</annotation> </annotations> </chapter> <chapter num="04" heading="Public School Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to all public school students, all public schools, all local public school systems in Maryland, alternative education programs and schools operated by local school systems, juvenile institutions, public charter schools, nonpublic schools, the Maryland School for the Blind, and the Maryland School for the Deaf, which public school students are attending.</text> </paragraph> <paragraph num="B."> <text>In addition to maintaining standards of proficient or better in all student performance areas as described in this chapter, each public school shall:</text> <paragraph num="(1)"> <text>Meet the requirements of other chapters in this title that apply to public schools; and</text> </paragraph> <paragraph num="(2)"> <text>Maintain documentation of inspections for compliance with applicable health, fire safety, and zoning regulations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual measurable objective” means a performance target established by the State Board:</text> <paragraph num="(a)"> <text>For each grade level in reading and mathematics;</text> </paragraph> <paragraph num="(b)"> <text>For attendance rate; and</text> </paragraph> <paragraph num="(c)"> <text>For one of the following:</text> <paragraph num="(i)"> <text>Graduation rate; or</text> </paragraph> <paragraph num="(ii)"> <text>For schools that do not have a grade 12, dropout rate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(1-1)"> <text>“Approved advanced technology credit” means credit earned consistent with the guidelines developed by the Department.</text> </paragraph> <paragraph num="(2)"> <text>“AYP” means adequate yearly progress as specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq., and as implemented by the Department.</text> </paragraph> <paragraph num="(3)"> <text>“Career and technology education program requirements” means completion of four occupational course credits in a planned, sequential program of study that integrates academic, technical, and workplace readiness skills.</text> </paragraph> <paragraph num="(4)"> <text>“Core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.</text> </paragraph> <paragraph num="(5)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(6)"> <text>“Executive officer” means a principal's supervisor who evaluates the principal.</text> </paragraph> <paragraph num="(7)"> <text>“Free and reduced price meals” means services funded by meeting income eligibility guidelines of the United States Department of Agriculture.</text> </paragraph> <paragraph num="(8)"> <text>“Gifted and talented” means opportunities for students identified by professionally qualified individuals as having outstanding abilities in the area of general intellectual capabilities, specific academic aptitude, or the creative, visual, or performing arts under guidelines developed by the Department.</text> </paragraph> <paragraph num="(9)"> <text>“High quality professional development” means professional development consistent with the requirements specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq. and as approved in the State plan.</text> </paragraph> <paragraph num="(10)"> <text>“Highly qualified teacher” means a teacher with qualifications consistent with the requirements specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq., and as implemented by the Department.</text> </paragraph> <paragraph num="(11)"> <text>“Limited-English proficient (LEP)” means a student 3 years old through 21 years old enrolled in an elementary school or secondary school:</text> <paragraph num="(a)"> <text>Who:</text> <paragraph num="(i)"> <text>Was not born in the United States or whose native language is a language other than English;</text> </paragraph> <paragraph num="(ii)"> <text>Is a Native American or Alaska Native, or a native resident of the outlying areas, and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or</text> </paragraph> <paragraph num="(iii)"> <text>Is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student the:</text> <paragraph num="(i)"> <text>Ability to meet the State's proficient level of achievement on State assessments described in Regulation .05C of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>Ability to successfully achieve in classrooms where the language of instruction is English; or</text> </paragraph> <paragraph num="(iii)"> <text>Opportunity to participate fully in society.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Local reconstitution” means the process used before the 2003—04 school year for school improvement, corrective action, and restructuring, that included changing one or more of a school's administration, staff, organization, or instructional programs.</text> </paragraph> <paragraph num="(13)"> <text>“Local school superintendent” means the superintendent of a local school system and includes the chief executive officers of local school systems.</text> </paragraph> <paragraph num="(14)"> <text>“Per pupil expenditure” means the average total cost of providing education to each student attending a public school in a local school system, excluding capital expenditures.</text> </paragraph> <paragraph num="(15)"> <text>“Public charter school” means a school operated as a public charter school consistent with the requirements of State law and regulation.</text> </paragraph> <paragraph num="(16)"> <text>“Public school student” means a student enrolled in a local public school system and attending a public school, an alternative education program, or alternative school operated by a local school system, a public charter school, a juvenile institution, nonpublic school, the Maryland School for the Blind, or the Maryland School for the Deaf.</text> </paragraph> <paragraph num="(17)"> <text>“Special education” means services for a student with disabilities as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.</text> </paragraph> <paragraph num="(18)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(19)"> <text>“State reconstitution” means the process used before the 2003—04 school year for school restructuring that included contracting with a third party to operate the school.</text> </paragraph> <paragraph num="(20)"> <text>“Title 1” means services funded in whole or in part by Title 1 of the federal Elementary and Secondary Education Act (ESEA), as amended, 20 U.S.C. §6301 et seq.</text> </paragraph> <paragraph num="(21)"> <text>“University of Maryland System course requirements for admission” means four credits of English, three credits of social studies/history, three credits of science (laboratory), three credits of mathematics (algebra/geometry/algebra II), two credits of foreign languages or advanced technology, and six credits of academic electives.</text> </paragraph> <paragraph num="(22)"> <text>“Wealth per pupil” means the taxable wealth of a local jurisdiction as defined by Education Article, §5-202, Annotated Code of Maryland, in relation to the September 30 enrollment of the local school system.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="School Safety."> <text>All students in Maryland's public schools, without exception and regardless of race, ethnicity, region, religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to educational environments that are:</text> <paragraph num="A."> <text>Safe;</text> </paragraph> <paragraph num="B."> <text>Appropriate for academic achievement; and</text> </paragraph> <paragraph num="C."> <text>Free from any form of harassment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Data-Based Areas."> <paragraph num="A."> <text>Student Performance Areas. The following data-based areas shall be measured by the standards in Regulation .05 of this chapter and reported annually as provided in Regulation .06 of this chapter to assess school and student performance:</text> <paragraph num="(1)"> <text>Maryland School Assessment results in reading and mathematics and Maryland High School Assessment results in algebra/data analysis and in English;</text> </paragraph> <paragraph num="(2)"> <text>Average daily attendance rate of students in grades 1—12; and</text> </paragraph> <paragraph num="(3)"> <text>Yearly high school graduation rate.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Supporting Information. The following data-based areas shall be reported to provide contextual information:</text> <paragraph num="(1)"> <text>Students enrolled in grades Prekindergarten—2, including preschool special education;</text> </paragraph> <paragraph num="(2)"> <text>Student mobility—entrants and withdrawals;</text> </paragraph> <paragraph num="(3)"> <text>Yearly dropout rate of students in grades 9—12;</text> </paragraph> <paragraph num="(4)"> <text>Norm-referenced test scores in reading and mathematics in grades 3—10;</text> </paragraph> <paragraph num="(5)"> <text>Maryland High School Assessment test scores in English, algebra/data analysis, biology, and government;</text> </paragraph> <paragraph num="(6)"> <text>Students participating in highly rigorous courses such as advanced placement, International Baccalaureate, and honors courses;</text> </paragraph> <paragraph num="(7)"> <text>The rate of students receiving services in special education, limited-English proficiency, Title 1, and free and reduced price meals;</text> </paragraph> <paragraph num="(8)"> <text>Wealth per pupil;</text> </paragraph> <paragraph num="(9)"> <text>Per pupil expenditure;</text> </paragraph> <paragraph num="(10)"> <text>Instructional staff, professional support staff, and instructional assistants per 1,000 students;</text> </paragraph> <paragraph num="(11)"> <text>Length of the school year;</text> </paragraph> <paragraph num="(12)"> <text>Length of the school day;</text> </paragraph> <paragraph num="(13)"> <text>The number of documented decisions of grade 12 students:</text> <paragraph num="(a)"> <text>Expecting acceptance at a 4-year college, a 2-year college, or a specialized school; or</text> </paragraph> <paragraph num="(b)"> <text>Planning to accept employment related to preparation, employment unrelated to preparation, or the military;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>A description of opportunities for gifted and talented students;</text> </paragraph> <paragraph num="(15)"> <text>High school completion of University System of Maryland course requirements for admission, career and technology education program requirements, or four of the following six performance indicators:</text> <paragraph num="(a)"> <text>Two or more credits in foreign language with a grade of B or better;</text> </paragraph> <paragraph num="(b)"> <text>Two or more credits of approved advanced technology with a grade of B or better;</text> </paragraph> <paragraph num="(c)"> <text>Mathematics courses beyond algebra II and geometry with a grade of B or better;</text> </paragraph> <paragraph num="(d)"> <text>Four credits of science with a grade of B or better;</text> </paragraph> <paragraph num="(e)"> <text>Score to be established by the Maryland State Board of Education, on SAT-1, or 20 or higher on ACT, or both; and</text> </paragraph> <paragraph num="(f)"> <text>A cumulative grade point average of 3.0 or higher on a 4.0 scale;</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>The number of students with disabilities who receive the Maryland High School Certificate;</text> </paragraph> <paragraph num="(17)"> <text>The number of candidates who successfully complete the General Educational Development (GED) Tests;</text> </paragraph> <paragraph num="(18)"> <text>The percentage of :</text> <paragraph num="(a)"> <text>Teachers holding professional certificates;</text> </paragraph> <paragraph num="(b)"> <text>Highly qualified teachers;</text> </paragraph> <paragraph num="(c)"> <text>Teachers with conditional credentials; and</text> </paragraph> <paragraph num="(d)"> <text>Classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools; and</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>The number of teachers participating in high quality professional development.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Standards That Apply to Student Performance Areas."> <paragraph num="A."> <text>The attendance rate represents the average daily attendance rate of students in grades 1—12, including special education students. Summer school attendance is excluded. The proficient standard is 94 percent and the advanced standard is 96 percent.</text> </paragraph> <paragraph num="B."> <text>The high school graduation rate represents the percentage of students who graduate from high school with a regular diploma, but does not include students who successfully complete the GED tests or students with disabilities who receive Maryland High School Certificates.</text> </paragraph> <paragraph num="C."> <text>Student Achievement Rates.</text> <paragraph num="(1)"> <text>The student achievement rates represent the percentage of students who achieve at the basic, proficient, and advanced performance levels on the:</text> <paragraph num="(a)"> <text>Maryland School Assessments in reading and in mathematics;</text> </paragraph> <paragraph num="(b)"> <text>Maryland High School Assessment in algebra/data analysis and in English; and</text> </paragraph> <paragraph num="(c)"> <text>Science assessments to be developed before the beginning of the 2007—08 school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The State Board shall establish the basic, proficient, and advanced student performance levels for reading and for mathematics for:</text> <paragraph num="(a)"> <text>Grades 3, 5, 8, and 10 by September 1, 2003; and</text> </paragraph> <paragraph num="(b)"> <text>Grades 4, 6, and 7 by September 1, 2004.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The State Board shall establish the graduation rate standards by September 1, 2003.</text> </paragraph> <paragraph num="(4)"> <text>By September 1, 2003, the State Board shall establish AYP for schools, school systems, and the State for:</text> <paragraph num="(a)"> <text>Reading;</text> </paragraph> <paragraph num="(b)"> <text>Mathematics; and</text> </paragraph> <paragraph num="(c)"> <text>Graduation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The State Board shall establish the basic, proficient, and advanced student performance levels for science by September 1, 2008.</text> </paragraph> <paragraph num="(6)"> <text>The State Board shall review and revise as appropriate AYP by September 1, 2008.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Reporting Requirements."> <paragraph num="A."> <text>Maryland School Performance Report.</text> <paragraph num="(1)"> <text>Annually before the beginning of the school year, the Department shall publish the Maryland School Performance Report for the State, school systems, and schools.</text> </paragraph> <paragraph num="(2)"> <text>Annually, each local school system shall publish the Maryland School Performance Report for the school system, schools, and students.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of Report.</text> <paragraph num="(1)"> <text>Each report shall include student performance data, school performance data, and supporting information, and shall be available in multiple formats.</text> </paragraph> <paragraph num="(2)"> <text>Student performance data shall be reported with percentages in both summary form and disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged.</text> </paragraph> <paragraph num="(3)"> <text>Data from a public school student attending for less than a full academic year an alternative education program or school operated by a local school system, a juvenile institution, a public charter school, a nonpublic school, the Maryland School for the Deaf, or the Maryland School for the Blind shall be included in the performance report of the local school system in which the student was last enrolled.</text> </paragraph> <paragraph num="(4)"> <text>Data from a public school student attending for a full academic year an alternative education program or school operated by a local school system, a juvenile institution, a public charter school, a nonpublic school, the Maryland School for the Deaf, or the Maryland School for the Blind shall be included in the performance report of the alternative school attended by the student and in the performance report of the local school system in which the student was last enrolled.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="School Improvement, Corrective Action, and Restructuring — Local School Systems."> <paragraph num="A."> <text>School Identified for Improvement.</text> <paragraph num="(1)"> <text>Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall identify for school improvement each elementary or secondary school that has not made AYP because that school did not make the annual measurable objective in the same reported area for 2 consecutive years. The reported areas are reading, mathematics, or as applicable, attendance rate or graduation rate.</text> </paragraph> <paragraph num="(2)"> <text>To insure that all students reach the State's proficient level in reading, mathematics, and science by 2013 —14, within 3 months or sooner after identification, each identified school shall develop a 2-year school improvement plan that:</text> <paragraph num="(a)"> <text>Focuses on strengthening core academic subjects;</text> </paragraph> <paragraph num="(b)"> <text>Incorporates strategies based on scientifically based research that will strengthen core academic subjects;</text> </paragraph> <paragraph num="(c)"> <text>Includes funds for high quality professional development; and</text> </paragraph> <paragraph num="(d)"> <text>Has specific measurable objectives for each student subgroup.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Each local school system within 45 days of receiving a plan shall:</text> <paragraph num="(a)"> <text>Establish a peer review process to assist with review of the plan;</text> </paragraph> <paragraph num="(b)"> <text>Promptly review the plan;</text> </paragraph> <paragraph num="(c)"> <text>Work with the schools as necessary; and</text> </paragraph> <paragraph num="(d)"> <text>Approve the school plan if the plan meets the requirements of all applicable federal and State laws and regulations.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The school improvement plan shall be implemented the school year following identification except for school year 2003—04 when the plan shall be implemented as soon as practicable during the 2003—04 school year.</text> </paragraph> <paragraph num="(5)"> <text>Each local school system shall provide a school identified for improvement with technical assistance grounded in scientifically based research that includes the following:</text> <paragraph num="(a)"> <text>Assistance in analyzing data from the State assessment system, and other examples of student work, to:</text> <paragraph num="(i)"> <text>Identify and develop solutions to problems in instruction;</text> </paragraph> <paragraph num="(ii)"> <text>Increase parental involvement;</text> </paragraph> <paragraph num="(iii)"> <text>Improve professional development; and</text> </paragraph> <paragraph num="(iv)"> <text>Implement the school plan;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Assistance in identifying and implementing professional development and instructional strategies and methods that have proved effective, through scientifically based research, in addressing the specific instructional issues that caused the local school system to identify the school for improvement; and</text> </paragraph> <paragraph num="(c)"> <text>Assistance in analyzing and revising the school's budget so that the school allocates its resources more effectively to the activities most likely to increase student academic achievement and remove the school from school improvement status.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>School Identified for Corrective Action.</text> <paragraph num="(1)"> <text>Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall place a school in corrective action if a school has not made AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate, after 2 years in school improvement.</text> </paragraph> <paragraph num="(2)"> <text>For a school under corrective action, each local school system shall continue to provide technical assistance as required under §A(5) of this regulation and shall take at least one of the following corrective actions:</text> <paragraph num="(a)"> <text>Replace the school staff who are relevant to the failure to make adequate yearly progress;</text> </paragraph> <paragraph num="(b)"> <text>Institute and fully implement a new curriculum, including providing high qualify professional development for all staff who are relevant to the failure to make AYP, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make AYP;</text> </paragraph> <paragraph num="(c)"> <text>Significantly decrease management authority at the school level;</text> </paragraph> <paragraph num="(d)"> <text>Appoint an outside expert to advise the school on its progress toward making AYP based on its school plan;</text> </paragraph> <paragraph num="(e)"> <text>Extend the length of the school year or school day for the school; or</text> </paragraph> <paragraph num="(f)"> <text>Restructure the internal organizational structure of the school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>School Identified for Restructuring.</text> <paragraph num="(1)"> <text>Annually, before the beginning of the school year following a failure to make adequate yearly progress, a local school system shall identify a school for restructuring if after 1 full year of corrective action the school does not make AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate.</text> </paragraph> <paragraph num="(2)"> <text>The local school system shall prepare a plan for alternative governance and implement the alternative governance arrangement not later than the beginning of the next school year.</text> </paragraph> <paragraph num="(3)"> <text>One of the following alternative governance arrangements shall be implemented consistent with State law and as approved by the State Superintendent of Schools and the State Board:</text> <paragraph num="(a)"> <text>Reopening the school as a public charter school consistent with the requirements of State law and regulation;</text> </paragraph> <paragraph num="(b)"> <text>Replacing all or most of the school staff including the principal who are relevant to the failure to make AYP;</text> </paragraph> <paragraph num="(c)"> <text>Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school; or</text> </paragraph> <paragraph num="(d)"> <text>Any other major restructuring of the school's governance arrangement that makes fundamental reform such as significant changes in the school's staffing and governance to improve academic achievement in the school and that has substantial promise of enabling the school to make AYP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>General Requirements for School Improvement, Corrective Action, or Restructuring.</text> <paragraph num="(1)"> <text>Before identifying a school for school improvement, corrective action, or restructuring, a local school system shall provide the school with an opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based.</text> </paragraph> <paragraph num="(2)"> <text>Supporting Evidence.</text> <paragraph num="(a)"> <text>If the principal of a school that a local school system proposes to identify for school improvement, corrective action, or restructuring believes, or a majority of the parents of the students enrolled in the school believe, that the proposed identification is in error for statistically significant reasons, the principal may provide supporting evidence to the local school system.</text> </paragraph> <paragraph num="(b)"> <text>The local school system shall consider the evidence referred to in §D(2)(a) of this regulation before making a final determination.</text> </paragraph> <paragraph num="(c)"> <text>The local school system shall submit its final determination to the Department for its review and approval.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The local school system shall make public a final determination of the status of the school with respect to identification not later than 30 days after it provides the school with the opportunity to review the data on which the proposed identification is based.</text> </paragraph> <paragraph num="(4)"> <text>Each local school system shall provide to parents of each student enrolled in a school identified for improvement, corrective action, or restructuring, notice and an explanation of what the identification means, the reasons for the identification, what the school is doing to address the problem of low achievement, how parents can become involved in addressing the academic issues, and any other information required by applicable federal or State law or regulation.</text> </paragraph> <paragraph num="(5)"> <text>If a school makes the annual measurable objective for which it was identified for improvement for 1 year or has extenuating circumstances beyond its control, such as an act of nature or an extraordinary fiscal constraint beyond its control, a local school system may delay the progression of the school into the next phase of the school improvement process for 1 year; but no such period of delay shall be taken into account in determining the number of consecutive years of failure to make AYP.</text> </paragraph> <paragraph num="(6)"> <text>If any school identified for school improvement, corrective action, or restructuring makes AYP for 2 consecutive years, the local school system may not subject the school to the requirements of school improvement, corrective action, restructuring or identify the school for school improvement for the succeeding year.</text> </paragraph> <paragraph num="(7)"> <text>A school receiving funds under Title I of the No Child Left Behind Act must comply with all applicable State and federal requirements for schools identified for improvement, corrective action, and restructuring.</text> </paragraph> <paragraph num="(8)"> <text>If the State Board determines that a local school system has failed to fulfill its responsibilities as set forth in this regulation, the State Board shall take appropriate corrective action, including withholding or redirection of State and federal funding.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Schools Previously Identified for Improvement, Corrective Action, or Reconstitution.</text> <paragraph num="(1)"> <text>A school in the first or second year of school improvement under Title I on January 8, 2002, shall be treated by the local school system as a school in the first or second year of school improvement for the 2002—03 school year.</text> </paragraph> <paragraph num="(2)"> <text>A school in the first or second year under local reconstitution on January 8, 2002, that is not also a school under Title I, shall be treated as a school in the first or second year of school improvement for the 2002—03 school year.</text> </paragraph> <paragraph num="(3)"> <text>A school in school improvement under Title I for 3 or more consecutive school years preceding January 8, 2002, shall be treated by the local school system as a school under corrective action for the 2002—03 school year.</text> </paragraph> <paragraph num="(4)"> <text>A school under local reconstitution for 3 or more consecutive school years preceding January 8, 2002, that is not also a school under Title I, shall be treated by the local school system as a school under corrective action for the 2002—03 school year.</text> </paragraph> <paragraph num="(5)"> <text>Any school that was in corrective action on January 8, 2002 shall be treated by the local school system as a school requiring restructuring for the 2003—04 school year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Requirements for Local School System Improvement and Corrective Action."> <paragraph num="A."> <text>Local School System Improvement.</text> <paragraph num="(1)"> <text>The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify for improvement any local school system that for 2 consecutive years fails to make the annual measurable objectives in reading, mathematics, or as applicable, attendance rate, or graduation rate at each of the elementary school grades (3— 5), middle school grades (6—8), and high school grades (9—12).</text> </paragraph> <paragraph num="(2)"> <text>Before identifying a local school system for improvement, the State Board shall:</text> <paragraph num="(a)"> <text>Provide the local school system with an opportunity to review the data on which the proposed identification is based;</text> </paragraph> <paragraph num="(b)"> <text>Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and</text> </paragraph> <paragraph num="(c)"> <text>Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The State Board shall promptly provide parents of each student enrolled in the schools served by the local school system identified for improvement notice, the results of the review, the reasons for identification of the school system for improvement, and how parents can participate in upgrading the quality of the local school system.</text> </paragraph> <paragraph num="(4)"> <text>Within 3 months of identification, the local school system shall revise applicable components of the school system master plan to:</text> <paragraph num="(a)"> <text>Incorporate scientifically based research strategies that strengthen the core academic program in the schools in the system;</text> </paragraph> <paragraph num="(b)"> <text>Identify actions that have the likelihood of improving student achievement to meet the State's proficiency standards;</text> </paragraph> <paragraph num="(c)"> <text>Address professional development needs of staff in schools not making AYP;</text> </paragraph> <paragraph num="(d)"> <text>Include specific measurable achievement goals and targets for each of the subgroups of students;</text> </paragraph> <paragraph num="(e)"> <text>Address the fundamental teaching and learning needs in schools and specific academic problems of low-achieving schools;</text> </paragraph> <paragraph num="(f)"> <text>Incorporate as appropriate activities before school, after school, during the summer, and during an extended school year;</text> </paragraph> <paragraph num="(g)"> <text>Specify the responsibilities of the local school system under the plan; and</text> </paragraph> <paragraph num="(h)"> <text>Include strategies to promote effective parental involvement in the school.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The local school system shall implement the plan not later than the school year following the year in which the school system was identified for improvement.</text> </paragraph> <paragraph num="(6)"> <text>Technical Assistance.</text> <paragraph num="(a)"> <text>The Department shall, if requested, provide technical assistance grounded in scientifically based research that better enables the local school system to develop and implement its plan and work with schools needing improvement.</text> </paragraph> <paragraph num="(b)"> <text>The Department may use an entity to provide the technical assistance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Local School System Corrective Action.</text> <paragraph num="(1)"> <text>The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify a local school system for corrective action if a local school system does not make the system improvement performance targets in reading, mathematics, or as applicable, attendance rate or graduation rate for 2 consecutive years at each of the elementary school grades (3—5), middle school grades (6—8), and high school grades (9—12) after identification of the school system for system improvement.</text> </paragraph> <paragraph num="(2)"> <text>Before identifying a local school system for corrective action, the State Board shall:</text> <paragraph num="(a)"> <text>Provide the local school system with an opportunity to review the data on which the proposed identification is based;</text> </paragraph> <paragraph num="(b)"> <text>Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and</text> </paragraph> <paragraph num="(c)"> <text>Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For a local school system identified for corrective action, the State Board and the State Superintendent of Schools shall continue to make available technical assistance and shall take at least one of the following corrective actions:</text> <paragraph num="(a)"> <text>Defer, reduce, or redirect State and federal programmatic and administrative funds including per pupil funding;</text> </paragraph> <paragraph num="(b)"> <text>Order the local school system to institute and fully implement a new curriculum aligned with the State curriculum that is based on State and local academic content and achievement standards, including high quality professional development based on scientifically based research;</text> </paragraph> <paragraph num="(c)"> <text>Order the local school system to replace school principals and executive officers who are relevant to the failure to make AYP with qualified personnel approved by the State Board and the State Superintendent of Schools;</text> </paragraph> <paragraph num="(d)"> <text>Remove particular schools from the direct control of the local school board and establish alternative arrangements for public governance and supervision of such schools;</text> </paragraph> <paragraph num="(e)"> <text>Order a reorganization of the local school system as approved by the State Board and the State Superintendent of Schools that groups specified schools under the direct supervision of an executive officer approved by the State Superintendent of Schools who reports directly to the local school superintendent or chief executive officer;</text> </paragraph> <paragraph num="(f)"> <text>Through court proceeding, appoint a receiver or trustee to administer the affairs of the local school system in place of the superintendent and school board; or</text> </paragraph> <paragraph num="(g)"> <text>With legislative authorization, abolish or restructure the local school system.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The State Board shall publish and disseminate to parents and the public information on any corrective action the State Board takes.</text> </paragraph> <paragraph num="(5)"> <text>The State Board may delay implementation of corrective action if a local school system makes the annual measurable objective for which it was identified for corrective action for 1 year or its failure to make the annual measurable objective is due to exceptional circumstances such as acts of nature or an unforeseen decline in financial resources beyond the control of the local school system. A period of delay under this subsection may not be taken into account in determining the number of consecutive years of failure to make AYP.</text> </paragraph> <paragraph num="(6)"> <text>If a local school system makes the annual measurable objective in the reported area in the elementary school grades (3—5), middle school grades (6—8), or high school grades (9—12) for 2 consecutive years and continues to meet objectives in other reported areas in the elementary school grades (3—5), middle school grades (6—8), or high school grades (9—12) beginning after the date of identification, the State Board shall not identify the local school system for improvement or for corrective action for the succeeding school year.</text> </paragraph> <paragraph num="(7)"> <text>If, after 2 years in corrective action, the local school system continues to remain in corrective action, the State Board shall review the actions taken by the local school system and determine if modifications to the corrective action plan are appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Hearings.</text> <paragraph num="(1)"> <text>If the State Superintendent of Schools recommends that a local school system be placed under corrective action, the State Superintendent of Schools shall provide a written explanation of the basis for the recommendation.</text> </paragraph> <paragraph num="(2)"> <text>Within 10 days of the date of the recommendation by the State Superintendent of Schools, the local board of education may file a written request for a hearing before the State Board. If a hearing is requested, the hearing shall be scheduled promptly.</text> </paragraph> <paragraph num="(3)"> <text>The hearing shall proceed in the following manner:</text> <paragraph num="(a)"> <text>The State Superintendent of Schools or designee shall describe the rationale for the recommendation and submit supporting documentation;</text> </paragraph> <paragraph num="(b)"> <text>The local board of education through a designee shall present the board's position with respect to the recommendation and submit supporting documentation;</text> </paragraph> <paragraph num="(c)"> <text>Members of the school community and parents of students in the school may file written comments regarding the recommendations;</text> </paragraph> <paragraph num="(d)"> <text>The State Board may ask questions during each presentation; and</text> </paragraph> <paragraph num="(e)"> <text>Counsel may be present and assist each board, but staff members shall make the presentations.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The State Board shall determine by a preponderance of the evidence if the State Superintendent of Schools has provided a sufficient and reasonable basis to support the State Superintendent's recommendation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Transition.</text> <paragraph num="(1)"> <text>For the 2003—04 school year, the State Board shall identify for corrective action any local school system that as of January 8, 2002, has had 25 percent or more of its schools under local or State reconstitution for more than 3 school years.</text> </paragraph> <paragraph num="(2)"> <text>For the 2003—04 school year, the State Board shall identify for improvement any local school system that as of September 1, 2003, has 25 percent or more of its schools newly identified for school improvement or corrective action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="State Board of Education Review and Recognition."> <paragraph num="A."> <text>The State Board and the State Superintendent of Schools shall annually review the progress of each local school system to determine if the school system is making the annual measurable objective in reading and in mathematics and shall publicize the results of the review to each local school system, teachers, staff, and the community and include statistically sound disaggregated results.</text> </paragraph> <paragraph num="B."> <text>The State Board, upon the recommendation of the State Superintendent of Schools, may make monetary or nonmonetary rewards to schools, school systems, or both, that significantly close the achievement gap between subgroups or exceed their annual measurable objective in reading or in mathematics for 2 or more consecutive years and designate certain schools as distinguished schools that have made the greatest gains in closing the achievement gap or exceeding their annual measurable objectives.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-206, 2-303, 5-201—5-206, 7-202, 7-203, 7-205, 7-301, and 8-404, Annotated Code of Maryland;Federal Statutory Reference: 20 U.S.C.§6301 et seq.;Federal Regulatory Reference: 34 CFR 200</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 20, 1993 (20:25 Md. R. 1948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 4, 1995 (22:24 Md. R. 1900); July 1, 1996 (23:13 Md. R. 945)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 1, 1996 (23:13 Md. R. 945); November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective December 4, 1995 (22:24 Md. R. 1900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 1, 1996 (23:13 Md. R. 945); November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective December 5, 1994 (21:24 Md. R. 1989)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1320)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective June 6, 1994 (21:11 Md. R. 952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed and new Regulations .07 and .08 adopted effective January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07F adopted effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 and .08 repealed and new Regulations .07—.10 adopted effective June 25, 2001 (28:12 Md. R. 1111)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 repealed and new Regulations .01—.09 adopted effective July 21, 2003 (30:14 Md. R. 936)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 8, 2004 (31:22 Md. R. 1596); July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective July 28, 2008 (35:15 Md. R. 1349); January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> </annotations> </chapter> <chapter num="05" heading="Appeals to the State Board of Education"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Appellant” means the individual or entity appealing a final decision of a local board.</text> </paragraph> <paragraph num="(2)"> <text>“Contested case” means a proceeding as defined in State Government Article, §10-202(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Days” means calendar days unless otherwise indicated.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“File” means:</text> <paragraph num="(a)"> <text>In regard to an initial appeal, petition for declaratory ruling, or request for removal of a local board member:</text> <paragraph num="(i)"> <text>Delivery of the papers to the State Board in hard copy on or before the date the papers are due;</text> </paragraph> <paragraph num="(ii)"> <text>Depositing the papers in the United States mail as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin on or before the date the papers are due; or</text> </paragraph> <paragraph num="(iii)"> <text>Submitting the papers electronically to the State Board on or before the date the papers are due.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In regard to all other motions, memoranda, and responses:</text> <paragraph num="(i)"> <text>Delivery of the papers to the State Board in hard copy on or before the date papers are due;</text> </paragraph> <paragraph num="(ii)"> <text>Depositing the papers in the United States mail or with a delivery service on or before the date the papers are due; or</text> </paragraph> <paragraph num="(iii)"> <text>Submitting the papers electronically to the State Board on or before the date the papers are due.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Local board” means the board of education of a county including the Baltimore City Board of School Commissioners.</text> </paragraph> <paragraph num="(7)"> <text>“Local superintendent” means the superintendent of a local school system and includes the chief executive officers for the Baltimore City Public School System and for the Prince George's County Public School System.</text> </paragraph> <paragraph num="(8)"> <text>“Party” means either an appellant, respondent, or any person or entity allowed to intervene or participate as a party.</text> </paragraph> <paragraph num="(9)"> <text>“Respondent” means the local board or other individual or entity which issued the decision that is on appeal.</text> </paragraph> <paragraph num="(10)"> <text>“State Board” means the State Board of Education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Appeals."> <paragraph num="A."> <text>Contents. The request for an appeal shall:</text> <paragraph num="(1)"> <text>Be signed by each party taking the appeal and include the printed name, regular mail address, and email address of each party;</text> </paragraph> <paragraph num="(2)"> <text>Designate the decision or order for which review is requested;</text> </paragraph> <paragraph num="(3)"> <text>Contain a statement of the facts necessary to an understanding of the appeal;</text> </paragraph> <paragraph num="(4)"> <text>Contain the issues or charges for which the appeal is being taken;</text> </paragraph> <paragraph num="(5)"> <text>Contain reasons in support of the appeal;</text> </paragraph> <paragraph num="(6)"> <text>Contain a statement of the relief sought;</text> </paragraph> <paragraph num="(7)"> <text>Include any supporting documents, exhibits, and affidavits;</text> </paragraph> <paragraph num="(8)"> <text>Include, if possible, a copy of the order and opinion from which the appeal is sought; and</text> </paragraph> <paragraph num="(9)"> <text>Be no longer than 15 pages, excluding attachments.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Deadlines.</text> <paragraph num="(1)"> <text>Appeals.</text> <paragraph num="(a)"> <text>An appeal shall be filed within 30 calendar days of the decision of the local board or other individual or entity which issued the decision on appeal.</text> </paragraph> <paragraph num="(b)"> <text>The 30 days shall run from the later of the date of the order or the opinion reflecting the decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The day of the decision may not be included in computing any period of time prescribed by these regulations.</text> </paragraph> <paragraph num="(3)"> <text>An appeal shall be deemed to have been filed within the 30-day period of time permitted under §B(1) of this regulation if, before the expiration of the time, it has been:</text> <paragraph num="(a)"> <text>Delivered to the State Board;</text> </paragraph> <paragraph num="(b)"> <text>Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin; or</text> </paragraph> <paragraph num="(c)"> <text>Submitted electronically to the State Board.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Acknowledgment. The State Board shall promptly acknowledge receipt of the appeal in writing and send a copy of an appeal involving a local school system to the local superintendent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Response to Appeals."> <paragraph num="A."> <text>Time for Response. Within 20 days after the State Board sends a copy of the appeal to the local superintendent, the respondent shall file a memorandum in response to the appeal or a motion to dismiss, whichever is appropriate.</text> </paragraph> <paragraph num="B."> <text>Motion to Dismiss.</text> <paragraph num="(1)"> <text>A motion to dismiss shall specifically state the facts and reasons upon which the motion is based that may include, but are not limited to, the following:</text> <paragraph num="(a)"> <text>The local board has not made a final decision;</text> </paragraph> <paragraph num="(b)"> <text>The appeal has become moot;</text> </paragraph> <paragraph num="(c)"> <text>The appellant lacks standing to bring the appeal;</text> </paragraph> <paragraph num="(d)"> <text>The State Board has no jurisdiction over the appeal; or</text> </paragraph> <paragraph num="(e)"> <text>The appeal has not been filed within the time prescribed by Regulation .02B of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The State Board may, on its own motion, or on motion filed by any party, dismiss an appeal for one or more of the reasons listed in §B(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Memorandum in Response to the Appeal.</text> <paragraph num="(1)"> <text>The respondent may file a memorandum in response to the appeal.</text> </paragraph> <paragraph num="(2)"> <text>The memorandum shall contain the following:</text> <paragraph num="(a)"> <text>A concise statement of the questions presented for review;</text> </paragraph> <paragraph num="(b)"> <text>A statement of the facts material to those questions;</text> </paragraph> <paragraph num="(c)"> <text>An argument on each question, including citations of authority, reference to relevant legal principles, and reference to pages of the record and exhibits relied on, if any;</text> </paragraph> <paragraph num="(d)"> <text>A short conclusion stating the relief sought; and</text> </paragraph> <paragraph num="(e)"> <text>Any supporting documents, exhibits, and affidavits.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The appellant may file a response to the memorandum, and the local board may file a reply to the response.</text> </paragraph> <paragraph num="(4)"> <text>The State Board may decide the appeal on the merits based on the filings.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Record.</text> <paragraph num="(1)"> <text>The local board shall file the record of the local proceedings with the local board's response.</text> </paragraph> <paragraph num="(2)"> <text>Transcript.</text> <paragraph num="(a)"> <text>The stenographic record of an evidentiary hearing before the local board or its designee shall be transcribed, and the cost of transcription shall initially be paid by the appellant.</text> </paragraph> <paragraph num="(b)"> <text>An appellant who prevails in an appeal before the State Board shall be reimbursed the cost of the transcription by the local board.</text> </paragraph> <paragraph num="(c)"> <text>The transcript shall be filed promptly with the State Board.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Parties may agree by written stipulation to omit from the record and transcript those parts unnecessary for the determination of the issues presented to the State Board.</text> </paragraph> <paragraph num="(4)"> <text>Waiver of Transcription Costs.</text> <paragraph num="(a)"> <text>An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs, with the State Superintendent.</text> </paragraph> <paragraph num="(b)"> <text>The request of waiver shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant's inability to pay.</text> </paragraph> <paragraph num="(c)"> <text>The State Superintendent shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers.</text> </paragraph> <paragraph num="(d)"> <text>If the State Superintendent is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Superintendent may waive the payment of cost, and the cost shall be paid by the local board.</text> </paragraph> <paragraph num="(e)"> <text>A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="General Procedures."> <paragraph num="A."> <text>Amendment of Appeal or Other Pleading.</text> <paragraph num="(1)"> <text>The State Board upon its own initiative or upon the request of a party may order a party to make a more definite statement of the appeal.</text> </paragraph> <paragraph num="(2)"> <text>A party may amend an appeal or other pleading upon leave of the State Board or by written consent of the other party.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Requests to Shorten or Extend Time Requirements.</text> <paragraph num="(1)"> <text>Upon the written request of a party or on its own initiative, the State Board for good cause shown may shorten or extend the time limitations set forth in this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The State Board may not extend the time limitations set forth in this chapter before an appeal is filed.</text> </paragraph> <paragraph num="(3)"> <text>The State Board may not extend the time period for filing an appeal from the decision of the local board or for filing an application for reconsideration of a State Board decision except in the case of fraud, lack of notice of the decision, or other extraordinary circumstances.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Evidence. If an appellant asks to present additional evidence on the issues in an appeal, and it is shown to the satisfaction of the State Board that the additional evidence is material and that there were good reasons for the failure to offer the evidence in the proceedings before the local board, the State Board may:</text> <paragraph num="(1)"> <text>Remand the appeal to the local board for the limited purpose of receiving the additional evidence upon conditions the State Board considers proper; or</text> </paragraph> <paragraph num="(2)"> <text>Receive the additional evidence.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Representation of Parties.</text> <paragraph num="(1)"> <text>A party may be accompanied, represented, and advised by counsel at all stages of an appeal.</text> </paragraph> <paragraph num="(2)"> <text>A party, or counsel if a party is represented by counsel, shall be responsible for the:</text> <paragraph num="(a)"> <text>Filing and receipt of motions, memoranda, and responses;</text> </paragraph> <paragraph num="(b)"> <text>Submission of evidence, examination, and cross-examination of witnesses;</text> </paragraph> <paragraph num="(c)"> <text>Filing and receipt of exceptions, if applicable; and</text> </paragraph> <paragraph num="(d)"> <text>Oral argument, if applicable.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In cases with multiple parties, the State Board may request the parties to select one or more lead appellants to file responses and documents on behalf of all appellants and to receive responses and documents on behalf of all appellants.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Filing Motions, Memoranda, and Responses.</text> <paragraph num="(1)"> <text>Motions, memoranda, and responses shall be filed with the State Board with a written certification that copies were furnished to all other parties.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §E(3), (4), and (5) of this regulation, responses to any motion or memorandum shall be filed within 15 days of the filing of the motion or memorandum, and any reply to the response shall be filed within 10 days of the date on which the response is filed.</text> </paragraph> <paragraph num="(3)"> <text>If the motion, memorandum, or response is provided to the opposing party by mail, 3 days shall be added to the prescribed period for filing a response or reply to the response.</text> </paragraph> <paragraph num="(4)"> <text>The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day that is not a Saturday, Sunday, or a State legal holiday.</text> </paragraph> <paragraph num="(5)"> <text>The State Board or its designee may modify the time schedule for the filing of motions, memoranda, and responses upon timely notice to all parties.</text> </paragraph> <paragraph num="(6)"> <text>Motions, memoranda, and responses shall be no longer than 15 pages, excluding attachments.</text> </paragraph> <paragraph num="(7)"> <text>The State Board may strike any motion, memoranda, response, or other submission that is outside of the briefing process or otherwise fails to comply with the requirements of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Counsel. The State Board may request the Office of the Attorney General to participate or provide legal advice in any appeal as counsel for the State Board.</text> </paragraph> <paragraph num="G."> <text>Lack of Notice.</text> <paragraph num="(1)"> <text>A party who alleges lack of timely notice in a local board or State Board proceeding must file an affidavit with the State Board affirming under oath that the notice at issue was not timely received, the facts that support that affirmation, and that the party was prejudiced as a result.</text> </paragraph> <paragraph num="(2)"> <text>Failure to submit an affidavit shall result in the State Board declining to consider the claim of lack of notice.</text> </paragraph> <paragraph num="(3)"> <text>If a party submits an affidavit under §G(1) of this regulation, the opposing party shall bear the burden of demonstrating by a preponderance of the evidence, in the form of affidavits and documents, that the correspondence was timely sent to the correct recipient at the correct address.</text> </paragraph> <paragraph num="(4)"> <text>If the State Board concludes that there is a dispute of fact concerning whether a party received timely notice, it may refer the case to the Office of Administrative Hearings for proposed findings of fact, conclusions of law, and a proposed decision on the question.</text> </paragraph> </paragraph> <paragraph num="H."> <text>At the rest of the State Board, a party shall submit hard copies of any documents that were filed in electronic format.</text> </paragraph> <paragraph num="I."> <text>A party submitting video evidence shall provide a transcribed copy of the video and, for a video that contains portions that are not relevant to the appeal, provide the time stamp location of the relevant portions of the video.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Petition for Declaratory Ruling."> <paragraph num="A."> <text>A party may file a petition for declaratory ruling by the State Board on the interpretation of a public school law or regulation of the State Board that is material to an existing case or controversy.</text> </paragraph> <paragraph num="B."> <text>The rules set forth in this chapter apply to a petition for declaratory ruling, as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Standard of Review."> <paragraph num="A."> <text>General. Decisions of a local board involving a local policy or a controversy and dispute regarding the rules and regulations of the local board shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the decision is arbitrary, unreasonable, or illegal.</text> </paragraph> <paragraph num="B."> <text>A decision may be arbitrary or unreasonable if it is one or more of the following:</text> <paragraph num="(1)"> <text>It is contrary to sound educational policy; or</text> </paragraph> <paragraph num="(2)"> <text>A reasoning mind could not have reasonably reached the conclusion the local board or local superintendent reached.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A decision may be illegal if it is one or more of the following:</text> <paragraph num="(1)"> <text>Unconstitutional;</text> </paragraph> <paragraph num="(2)"> <text>Exceeds the statutory authority or jurisdiction of the local board;</text> </paragraph> <paragraph num="(3)"> <text>Misconstrues the law;</text> </paragraph> <paragraph num="(4)"> <text>Results from an unlawful procedure;</text> </paragraph> <paragraph num="(5)"> <text>Is an abuse of discretionary powers; or</text> </paragraph> <paragraph num="(6)"> <text>Is affected by any other error of law.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The appellant shall have the burden of proof by a preponderance of the evidence.</text> </paragraph> <paragraph num="E."> <text>State School Laws and Regulations. The State Board shall exercise its independent judgment on the record before it in the explanation and interpretation of the public school laws and State Board regulations.</text> </paragraph> <paragraph num="F."> <text>Certificated Employee Suspension or Dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland.</text> <paragraph num="(1)"> <text>The standard of review for certificated employee suspension and dismissal actions shall be de novo as defined in §F(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The State Board shall exercise its independent judgment on the record before it in determining whether to sustain the suspension or dismissal of a certificated employee.</text> </paragraph> <paragraph num="(3)"> <text>The local board has the burden of proof by a preponderance of the evidence.</text> </paragraph> <paragraph num="(4)"> <text>The State Board, in its discretion, may modify a penalty.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Student Suspension and Expulsion.</text> <paragraph num="(1)"> <text>The decision of a local board in a student suspension and expulsion matter shall be final pursuant to Education Article, §7-305(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The State Board may not review the merits of a student suspension or expulsion, but shall accept an appeal if there are specific factual and legal allegations of one or more of the following:</text> <paragraph num="(a)"> <text>The local board has not followed State or local law, policies, or procedures;</text> </paragraph> <paragraph num="(b)"> <text>The local board has violated the due process rights of the student; or</text> </paragraph> <paragraph num="(c)"> <text>The local board has acted in an unconstitutional manner.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The State Board may reverse or modify a student suspension and expulsion if the allegations set forth in §G(2) of this regulation are proven true or if the decision of a local board is otherwise illegal as defined in §C of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>The appellant shall have the burden of proof by a preponderance of the evidence.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Hearing Procedures."> <paragraph num="A."> <text>Transfer to the Office of Administrative Hearings.</text> <paragraph num="(1)"> <text>The State Board shall transfer an appeal to the Office of Administrative Hearings for review by an administrative law judge under the following circumstances:</text> <paragraph num="(a)"> <text>An appeal of a school consolidation, school redistricting, or school closing pursuant to COMAR 13A.02.09;</text> </paragraph> <paragraph num="(b)"> <text>An appeal of a certificated employee suspension or dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(c)"> <text>An appeal upon review in which the State Board finds that there exists a genuine dispute of material fact.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a motion to dismiss is filed, the State Board may rule on the motion without first transferring the appeal to the Office of Administrative Hearings.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Transcripts.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, in an appeal of a suspension or dismissal of a certificated employee, the entire record of the proceedings before the local board shall be prepared and transcribed at the expense of the local board and shall be made a part of the record of the proceedings.</text> </paragraph> <paragraph num="(2)"> <text>Both parties may agree by way of written stipulation to omit from the record and transcript portions not relevant for consideration by the State Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Testimony or Documentary Evidence.</text> <paragraph num="(1)"> <text>Additional testimony or documentary evidence may be introduced by either party if the administrative law judge finds that the evidence is relevant and material and there were good reasons for the failure to offer the evidence in the proceedings before the local board, but evidence that is unduly repetitious of that already contained in the record may be excluded by an administrative law judge.</text> </paragraph> <paragraph num="(2)"> <text>Notwithstanding §C(1) of this regulation, the administrative law judge may permit repetitious testimony if credibility is an issue.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.</text> </paragraph> <paragraph num="E."> <text>The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties.</text> </paragraph> <paragraph num="F."> <text>Exceptions.</text> <paragraph num="(1)"> <text>A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision.</text> </paragraph> <paragraph num="(2)"> <text>A party may respond within 15 days of the date the exceptions were filed.</text> </paragraph> <paragraph num="(3)"> <text>As appropriate, each party shall append to the party’s exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party’s exceptions or response to exceptions.</text> </paragraph> <paragraph num="(4)"> <text>If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered.</text> </paragraph> <paragraph num="(5)"> <text>Oral argument before the State Board shall be limited to 10 minutes per side. The State Board at its sole discretion may shorten or lengthen the time period for oral argument.</text> </paragraph> <paragraph num="(6)"> <text>The rules set forth in Regulation .04D of this chapter apply to oral arguments on exceptions.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Hearing Record and Transcript."> <paragraph num="A."> <text>The administrative law judge shall prepare an official record which shall include:</text> <paragraph num="(1)"> <text>Motions and pleadings;</text> </paragraph> <paragraph num="(2)"> <text>Documentary evidence;</text> </paragraph> <paragraph num="(3)"> <text>Exhibits;</text> </paragraph> <paragraph num="(4)"> <text>Memoranda or materials filed in the proceedings; and</text> </paragraph> <paragraph num="(5)"> <text>Items required in a contested case as set forth in the Administrative Procedure Act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The proceedings before the administrative law judge shall be transcribed at the expense of the party filing exceptions to the administrative law judge’s proposed decision.</text> </paragraph> <paragraph num="C."> <text>The party filing exceptions to the administrative law judge’s proposed decision shall file a copy of the transcript with the State Board, and the transcript shall be made a part of the record.</text> </paragraph> <paragraph num="D."> <text>Waiver of Transcription Costs.</text> <paragraph num="(1)"> <text>An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs with the State Board President.</text> </paragraph> <paragraph num="(2)"> <text>The request for waiver of costs shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant’s inability to pay.</text> </paragraph> <paragraph num="(3)"> <text>The State Board President shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers.</text> </paragraph> <paragraph num="(4)"> <text>If the State Board President is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Board President may waive the payment of cost, and the cost shall be paid by the State Board.</text> </paragraph> <paragraph num="(5)"> <text>A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity.</text> </paragraph> <paragraph num="(6)"> <text>The waiver process does not extend the deadline for filing exceptions to the administrative law judge’s proposed decision, but an appellant may amend the exceptions once the transcript is issued in order to provide copies of the pages of the transcript that support the argument as required by Regulation .07 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Final Decision."> <paragraph num="A."> <text>The State Board shall make the final decision in all appeals.</text> </paragraph> <paragraph num="B."> <text>Except as otherwise provided in this chapter, the State Board shall decide an appeal on the record without a hearing or oral argument.</text> </paragraph> <paragraph num="C."> <text>A decision may not be rendered without the concurrence of a majority of the voting members then serving on the State Board. If the Board cannot reach such concurrence, the local board’s decision shall stand.</text> </paragraph> <paragraph num="D."> <text>The final decision shall be in writing and contain a factual background, legal analysis, and conclusion.</text> </paragraph> <paragraph num="E."> <text>A copy of the decision shall be promptly delivered or mailed to each party or the party's attorney of record, local board presidents, local superintendents of schools, designated representatives of the State teachers associations, and the association of local boards of education.</text> </paragraph> <paragraph num="F."> <text>Copies.</text> <paragraph num="(1)"> <text>Copies of the opinions of the State Board and an index to the opinions shall be kept electronically at the Department and shall be available for inspection at any reasonable time.</text> </paragraph> <paragraph num="(2)"> <text>The Department may charge any reasonable fee for making or supervising the making of a copy, printout, or other reproduction of an opinion or an index.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Reconsideration."> <paragraph num="A."> <text>A party may file a request for reconsideration of a State Board decision within 30 days of the date of the decision using the method of filing prescribed by Regulation .01B(5)(a) of this chapter for initial appeals.</text> </paragraph> <paragraph num="B."> <text>The party requesting the reconsideration shall send copies of the request to all other parties.</text> </paragraph> <paragraph num="C."> <text>A response to a request for reconsideration may be filed within 15 days of the date the request for reconsideration was filed.</text> </paragraph> <paragraph num="D."> <text>A decision on the request shall be made in the discretion of the State Board except that a decision may not be disturbed unless:</text> <paragraph num="(1)"> <text>The decision resulted from a mistake or error of law; or</text> </paragraph> <paragraph num="(2)"> <text>New facts material to the issues have been discovered or have occurred subsequent to the decision.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The State Board may refuse to consider any evidence that the party could have introduced while the appeal was pending.</text> </paragraph> <paragraph num="F."> <text>The filing of a request for reconsideration does not stay the enforcement of the original decision.</text> </paragraph> <paragraph num="G."> <text>The State Board may, in its discretion, abrogate, change, or modify the original decision.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Appeal to Circuit Court."> <paragraph num="A."> <text>Any party may appeal a decision to the circuit court of the jurisdiction in which the local board is located within 30 days of the date of the decision of the State Board.</text> </paragraph> <paragraph num="B."> <text>The appeal is governed by Maryland Rules 7-201—7-210 or 7-401—7-403, where appropriate.</text> </paragraph> <paragraph num="C."> <text>The State Board shall prepare and transmit the record in accordance with the time line set forth in the Maryland Rules of Procedure.</text> </paragraph> <paragraph num="D."> <text>Because the State Board has reviewed and rendered a decision made in the first instance by a local school system official or a local board, the State Board may not participate as a party in an appeal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Procedures Applicable to Requests to Remove a Local Board Member."> <paragraph num="A."> <text>Request to Issue Charges. A request to issue charges against a local board member may be filed with the State Board by the local board or by a resident of the county in which the school system is located, if removal by the State Board is permitted by the statute governing removal of members of that local board.</text> </paragraph> <paragraph num="B."> <text>Content of the Request.</text> <paragraph num="(1)"> <text>The request to issue charges shall:</text> <paragraph num="(a)"> <text>Set forth in a detailed affidavit, with all supporting documentation, the factual basis to support a statutory ground for removal; and</text> </paragraph> <paragraph num="(b)"> <text>Be signed with a statement submitting the affidavit under penalties of perjury by including the following language: “I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.”</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Grounds for removal are those set forth by the statute governing removal of members of that local board and may include:</text> <paragraph num="(a)"> <text>Misconduct in office;</text> </paragraph> <paragraph num="(b)"> <text>Immorality;</text> </paragraph> <paragraph num="(c)"> <text>Incompetency;</text> </paragraph> <paragraph num="(d)"> <text>Willful neglect of duty; or</text> </paragraph> <paragraph num="(e)"> <text>Failure to attend a required number of scheduled board meetings.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Method of Submission.</text> <paragraph num="(1)"> <text>The request shall be filed with the State Board in the manner prescribed in Regulation .01B(5)(a) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Repetitive, redundant, or duplicative submissions will not be accepted.</text> </paragraph> <paragraph num="(3)"> <text>The State Board may consolidate multiple requests for removal.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Time of Submission. From the date the first request to issue charges was filed, the record shall remain open to file additional requests for 30 calendar days. The record shall close at the end of the 30-day period, unless the State Board extends that time period.</text> </paragraph> <paragraph num="E."> <text>Factual and Legal Sufficiency of the Request.</text> <paragraph num="(1)"> <text>The State Board shall assess the factual and legal sufficiency of the request to issue charges.</text> </paragraph> <paragraph num="(2)"> <text>In doing so, it shall notify the local board member of the request and may provide the local board member an opportunity to respond to the request to issue charges.</text> </paragraph> <paragraph num="(3)"> <text>A factually sufficient request shall:</text> <paragraph num="(a)"> <text>Be made by a person who has personal knowledge of the facts supporting the request and reason to believe in its truth; and</text> </paragraph> <paragraph num="(b)"> <text>State the act or acts complained of in concise language, with a detailed description of the date, location, and nature of each act.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A legally sufficient request shall create a reasonable belief that the actions committed could constitute a ground for removal from office.</text> </paragraph> <paragraph num="(5)"> <text>The State Board shall dismiss a request that is not factually or legally sufficient, or otherwise fails to meet the requirements of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Issuance of Charges. If the State Board determines that the request to issue charges is factually and legally sufficient, it shall send a notice of the charges to the local board member who may file a request for a hearing within 10 days of the date the notice of charges was issued.</text> </paragraph> <paragraph num="G."> <text>Hearing. If a hearing is requested, the State Board shall transfer the case to the Office of Administrative Hearings to schedule and conduct the hearing and issue a proposed decision on whether or not the local board member should be removed from office.</text> </paragraph> <paragraph num="H."> <text>Parties at the Hearing.</text> <paragraph num="(1)"> <text>If a local board has requested removal, it shall present the case for removal at the hearing through counsel.</text> </paragraph> <paragraph num="(2)"> <text>If a resident has requested removal, the resident shall present the case for removal through counsel or pro se.</text> </paragraph> <paragraph num="(3)"> <text>The local board member shall present the case against removal through counsel or pro se.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Proposed Decision. The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the proposed decision to the parties.</text> </paragraph> <paragraph num="J."> <text>Hearing Record and Transcript. The administrative law judge and the parties shall prepare a record and transcript as provided in Regulation .08 of this chapter.</text> </paragraph> <paragraph num="K."> <text>Exceptions and Oral Argument.</text> <paragraph num="(1)"> <text>A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision.</text> </paragraph> <paragraph num="(2)"> <text>A party may respond within 15 days of the date the exceptions were filed.</text> </paragraph> <paragraph num="(3)"> <text>As appropriate, each party shall append to the party’s exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party’s exceptions or response to exceptions.</text> </paragraph> <paragraph num="(4)"> <text>If exceptions are filed, each side shall have the opportunity for oral argument before the State Board before the State Board issues a final decision.</text> </paragraph> <paragraph num="(5)"> <text>Oral argument before the State Board shall be limited to 10 minutes per side. The State Board, upon request or at its sole discretion, may shorten or lengthen the time period for oral argument.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">: Education Article, §§2-205, 4-205, 6-202, and 7-305; State Government Article, §§10-122 and 10-201 et seq.; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 28, 2012 (39:10 Md. R. 660)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07F amended effective November 26, 2012 (39:23 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective November 26, 2012 (39:23 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 11, 2019 (46:3 Md. R. 107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, D amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective December 25, 2023 (50:25 Md. R. 1088)</annotation> </annotations> </chapter> <chapter num="06" heading="Educational Equity"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish as a matter of policy and priority that:</text> <paragraph num="A."> <text>Each Maryland public school will provide every student equitable access to the educational rigor, resources, and supports that are designed to maximize the student’s academic success and social/emotional well-being;</text> </paragraph> <paragraph num="B."> <text>Each local school system’s procedures and practices provide for educational equity and ensure that there are no obstacles to accessing educational opportunities for any student; and</text> </paragraph> <paragraph num="C."> <text>Achievement will improve for all Maryland students and achievement gaps will be eliminated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to all local school systems, the Maryland State Department of Education, and entities that provide educational services to children birth—age 21, including licensed childcare facilities and programs.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accountability measures” means those Maryland accountability framework indicators in place to guarantee oversight of opportunities, resources, and educational rigor that will lead to achievement for all students.</text> </paragraph> <paragraph num="(2)"> <text>“Educational equity” means that every student has access to the opportunities, resources, and educational rigor they need throughout their educational career to maximize academic success and social/emotional well-being and to view each student’s individual characteristics as valuable.</text> </paragraph> <paragraph num="(3)"> <text>“Educational opportunities” means all students have access to rigorous, well-rounded academic programs and experiences that enrich their educational career and prepare them for academic and career success.</text> </paragraph> <paragraph num="(4)"> <text>“Equity lens” means that for any program, practice, decision, or action, the impact on all students is addressed, with strategic focus on marginalized student groups.</text> </paragraph> <paragraph num="(5)"> <text>“Individual characteristics” means the characteristics of each individual student, which include but are not limited to:</text> <paragraph num="(a)"> <text>Ability (cognitive, social/emotional, and physical);</text> </paragraph> <paragraph num="(b)"> <text>Ethnicity;</text> </paragraph> <paragraph num="(c)"> <text>Family structure;</text> </paragraph> <paragraph num="(d)"> <text>Gender identity and expression;</text> </paragraph> <paragraph num="(e)"> <text>Language;</text> </paragraph> <paragraph num="(f)"> <text>National origin;</text> </paragraph> <paragraph num="(g)"> <text>Nationality;</text> </paragraph> <paragraph num="(h)"> <text>Race;</text> </paragraph> <paragraph num="(i)"> <text>Religion;</text> </paragraph> <paragraph num="(j)"> <text>Sexual orientation; and</text> </paragraph> <paragraph num="(k)"> <text>Socio-economic status.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requirements — Educational Equity in Maryland."> <paragraph num="A."> <text>The Maryland State Department of Education shall establish systems of structure and support for school systems, students, teachers, and other stakeholders that ensure educational equity and excellence.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall develop an educational equity policy and regulations, to be reviewed every 3 years, with the goal of providing educational equity to all students.</text> </paragraph> <paragraph num="C."> <text>The policy and regulations shall:</text> <paragraph num="(1)"> <text>Be designed to create and maintain environments that are equitable, fair, safe, diverse, and inclusive;</text> </paragraph> <paragraph num="(2)"> <text>Be based on the goal of providing educational equity for all students;</text> </paragraph> <paragraph num="(3)"> <text>Direct the identification and utilization of resources to provide equitable access to educational opportunities and services, by among other steps, the use of disaggregated student data to analyze trends and identify gaps and equitable solutions;</text> </paragraph> <paragraph num="(4)"> <text>Identify partnerships with the Maryland State Department of Education, local government agencies, and stakeholders to support educational equity;</text> </paragraph> <paragraph num="(5)"> <text>Provide tailored and differentiated professional learning to build capacity for cultural responsiveness to address areas of inequity identified by the school system;</text> </paragraph> <paragraph num="(6)"> <text>Ensure equitable access to effective teachers for all students;</text> </paragraph> <paragraph num="(7)"> <text>Require that an equity lens be used in all staff recruiting, hiring, retention, and promotion processes;</text> </paragraph> <paragraph num="(8)"> <text>Require that an equity lens be used in reviews of staff, curriculum, pedagogy, professional learning, instructional materials, and assessment design;</text> </paragraph> <paragraph num="(9)"> <text>Provide the access and opportunity for all students to successfully read on level by the end of grade 2;</text> </paragraph> <paragraph num="(10)"> <text>Direct that equity be addressed in the Local Every Student Succeeds Act (ESSA) Consolidated Strategic Plan;</text> </paragraph> <paragraph num="(11)"> <text>Identify the school system’s process for analyzing data to develop goals, objectives, strategies, and timelines for the implementation of equitable and culturally competent practices in each school;</text> </paragraph> <paragraph num="(12)"> <text>Identify the method of evaluation to measure the effect of equitable practices in the school system and schools; and</text> </paragraph> <paragraph num="(13)"> <text>Designate an individual responsible for the facilitation, monitoring, and implementation of the system equity initiatives within the Local ESSA Consolidated Strategic Plan.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Monitoring and Reporting."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Address implementation of the equity policy through its Local ESSA Consolidated Strategic Plan;</text> </paragraph> <paragraph num="(2)"> <text>Beginning September 1, 2019, include its equity initiatives as an integrated component of its Local ESSA Consolidated Strategic Plan; and</text> </paragraph> <paragraph num="(3)"> <text>Beginning September 1, 2020, and every 3 years thereafter, in its Local ESSA Consolidated Strategic Plan, submit to the State Superintendent an analysis of the results of the accountability measures related to data collected on achieving equity goals and objectives that will be published and made accessible to the public.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Maryland State Department of Education shall:</text> <paragraph num="(1)"> <text>Conduct needs assessments for the Department and local school systems;</text> </paragraph> <paragraph num="(2)"> <text>Convene the Network for Equity and Excellence in Education with representation from each local school system and other stakeholders to review Statewide progress and to develop implementation and peer review guidelines for this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Develop a guide for implementation of equity initiatives at the local level which includes sample components of high-quality equity policies, guidance around how to apply an equity lens within priority birth—age 21 focus areas as defined by the Department, and strategies on how to measure and evaluate the application of an equity lens; and</text> </paragraph> <paragraph num="(4)"> <text>Review and assess progress of the Department and local school systems on implementing the requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Beginning December 1, 2020, and every 3 years thereafter, the State Superintendent shall report progress on the implementation of this chapter to the State Board, publish the data, and make it easily accessible for public viewing.</text> </paragraph> <paragraph num="D."> <text>Beginning in 2020 and annually thereafter, the State Board of Education and the Superintendent will recognize schools, school staff, and local school systems that demonstrate the most significant advances in promoting equity and excellence.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(c) and (h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 18, 2019 (46:23 Md. R. 1066)</annotation> </annotations> </chapter> <chapter num="07" heading="Nondiscrimination in Education"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter implements Education Article, §§2-303(b) and 26-701 et seq., Annotated Code of Maryland, prohibiting unlawful discrimination and retaliation in education in Maryland public and nonpublic schools that receive State funds.</text> </paragraph> <paragraph num="B."> <text>This chapter applies to the following entities in Maryland:</text> <paragraph num="(1)"> <text>All county boards of education;</text> </paragraph> <paragraph num="(2)"> <text>All public prekindergarten programs;</text> </paragraph> <paragraph num="(3)"> <text>All public primary and secondary schools;</text> </paragraph> <paragraph num="(4)"> <text>All nonpublic prekindergarten programs that receive State funds; and</text> </paragraph> <paragraph num="(5)"> <text>All nonpublic primary or secondary schools that receive State funds.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This chapter does not apply to:</text> <paragraph num="(1)"> <text>With respect to discrimination on the basis of sex, a prekindergarten program or school that limits admission to students of only one sex;</text> </paragraph> <paragraph num="(2)"> <text>With respect to discrimination on the basis of religion, a nonpublic prekindergarten program or nonpublic school that is affiliated with a religious institution:</text> <paragraph num="(a)"> <text>Providing instruction on the religious beliefs of the religion with which the program or school is affiliated;</text> </paragraph> <paragraph num="(b)"> <text>Declining to provide instruction in beliefs that are different from the religion with which the program or school is affiliated;</text> </paragraph> <paragraph num="(c)"> <text>Requiring student attendance at religious events inherent to the religion with which the program or school is affiliated;</text> </paragraph> <paragraph num="(d)"> <text>Having a preference in or limiting admission to a student of certain religious beliefs or a student who is a member or is part of a family that is a member of the religious institution affiliated with the program or school, if the program or school has had the preference or limitation continually since the date on which the program or school was established; or</text> </paragraph> <paragraph num="(e)"> <text>Granting tuition discounts for a student of certain religious beliefs or who is a member or is part of a family that is a member of the religious institution affiliated with the program or school if the practice of granting the discounts was established the later of before July 1, 2022, or since the date on which the program or school was established; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>With respect to discrimination on the basis of disability, a nonpublic prekindergarten program or nonpublic school that is in compliance with §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq., or the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., as applicable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.</text> </paragraph> <paragraph num="(2)"> <text>“Complainant” means a person who files a complaint alleging a discriminatory act under this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(4)"> <text>“Discriminatory act” means an act prohibited under this chapter.</text> </paragraph> <paragraph num="(5)"> <text>“Gender identity” means the gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth, which may be demonstrated by:</text> <paragraph num="(a)"> <text>Consistent and uniform assertion of the person's gender identity; or</text> </paragraph> <paragraph num="(b)"> <text>Any other evidence that the gender identity is sincerely held as part of the person's core identity.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Party” or “parties” means the complainant and the respondent.</text> </paragraph> <paragraph num="(8)"> <text>“Protective hairstyle” includes braids, twists, and locks.</text> </paragraph> <paragraph num="(9)"> <text>“Race” includes traits associated with race, including hair texture, afro hairstyles, and protective hairstyles.</text> </paragraph> <paragraph num="(10)"> <text>“Respondent” means a person accused in a complaint of a discriminatory act.</text> </paragraph> <paragraph num="(11)"> <text>“Sexual orientation” means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality.</text> </paragraph> <paragraph num="(12)"> <text>“Superintendent” means the State Superintendent of Schools.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Nondiscrimination in Education."> <paragraph num="A."> <text>Educational entities have a responsibility to protect every student’s right to learn in an environment free from unlawful discrimination.</text> </paragraph> <paragraph num="B."> <text>Entities identified in Regulation .01B of this chapter may not:</text> <paragraph num="(1)"> <text>Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;</text> </paragraph> <paragraph num="(2)"> <text>Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or</text> </paragraph> <paragraph num="(3)"> <text>Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Entities identified in Regulation .01B(1) of this chapter shall adopt and maintain a written antidiscrimination policy that prohibits unlawful discrimination as described in §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>Entities identified in Regulation .01B of this chapter shall include the following antidiscrimination statement in their student handbook: “It is the policy of the State of Maryland that all public and publicly funded schools and school programs operate in compliance with:</text> <paragraph num="(1)"> <text>Title VI of the federal Civil Rights Act of 1964; and</text> </paragraph> <paragraph num="(2)"> <text>Title 26, Subtitle 7 of the Education Article of the Maryland Code, which states that public and publicly funded schools and programs may not:</text> <paragraph num="(a)"> <text>Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;</text> </paragraph> <paragraph num="(b)"> <text>Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or</text> </paragraph> <paragraph num="(c)"> <text>Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.”</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Complaints."> <paragraph num="A."> <text>A complainant alleging discrimination in violation of Education Article, §26-704, Annotated Code of Maryland, may file a complaint in writing with the Superintendent.</text> </paragraph> <paragraph num="B."> <text>A parent or guardian of a minor alleging discrimination may file a complaint on behalf of the minor.</text> </paragraph> <paragraph num="C."> <text>The complaint shall be delivered by regular mail or electronic mail to the Department.</text> </paragraph> <paragraph num="D."> <text>The complaint shall be in writing and include the following information:</text> <paragraph num="(1)"> <text>The complainant’s name, mailing address, email address, telephone number, and signature;</text> </paragraph> <paragraph num="(2)"> <text>The respondent’s name, mailing address, email address, and telephone number;</text> </paragraph> <paragraph num="(3)"> <text>The date of any alleged discriminatory acts;</text> </paragraph> <paragraph num="(4)"> <text>A statement of facts describing any discriminatory acts;</text> </paragraph> <paragraph num="(5)"> <text>A statement of the relief requested; and</text> </paragraph> <paragraph num="(6)"> <text>Any supporting documents, exhibits, and affidavits.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The complaint shall be no longer than 15 pages, excluding attachments.</text> </paragraph> <paragraph num="F."> <text>Deadlines.</text> <paragraph num="(1)"> <text>A complaint shall be filed within 60 days from the later of the date of the last discriminatory act or when the complainant learned of the discrimination.</text> </paragraph> <paragraph num="(2)"> <text>A complaint shall be deemed to have been filed within the 60-day period if, before the expiration of the 60-day period, it has been:</text> <paragraph num="(a)"> <text>Delivered to the Department; or</text> </paragraph> <paragraph num="(b)"> <text>Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Concurrent Jurisdiction with State Board.</text> <paragraph num="(1)"> <text>The State Board may stay action of an appeal filed pursuant to COMAR 13A.01.05 that also alleges discrimination in violation of Education Article, §26-701 et seq., Annotated Code of Maryland, pending a mediation agreement or final decision on a complaint filed under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The parties shall immediately provide to the State Board written notice of the mediation agreement or final decision.</text> </paragraph> <paragraph num="(3)"> <text>The provisions of this chapter do not extend any filing deadlines for any appeals filed with the State Board pursuant to COMAR 13A.01.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Response to Complaints."> <paragraph num="A."> <text>Upon receiving a complaint, the Department shall provide written notice of the complaint to the program or school that is the subject of the complaint and, if applicable, the county board in which the program or school is located.</text> </paragraph> <paragraph num="B."> <text>Within 30 days of receipt of written notice of the complaint, the county board, program, or school shall submit a written response to the Superintendent setting out its position.</text> </paragraph> <paragraph num="C."> <text>The response shall contain the following information:</text> <paragraph num="(1)"> <text>A statement of facts relevant to the complaint;</text> </paragraph> <paragraph num="(2)"> <text>An argument on each allegation raised in the complaint, including citations of authority, reference to relevant legal principles, and reference to pages of documents and exhibits relied upon, if any;</text> </paragraph> <paragraph num="(3)"> <text>A statement of the relief requested; and</text> </paragraph> <paragraph num="(4)"> <text>Any supporting documents, exhibits, or affidavits.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Department Response."> <paragraph num="A."> <text>The Superintendent is authorized to enforce this chapter consistent with Education Article, §§2-303(b) and 26-701 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Calculating Deadlines. The last day of the period of time prescribed by any regulation of this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday.</text> </paragraph> <paragraph num="C."> <text>Mediation.</text> <paragraph num="(1)"> <text>Within 5 days of receiving the response from the county board, program, or school, the Department shall contact the parties and determine if the parties are willing to attempt mediation of an agreement between the complainant and the respondent to remedy and eliminate the alleged discrimination.</text> </paragraph> <paragraph num="(2)"> <text>Mediation is a voluntary process for each of the parties.</text> </paragraph> <paragraph num="(3)"> <text>If the parties are agreeable to mediation of the complaint, the Department will refer the complaint to the Office of Administrative Hearings for mediation to be completed within 60 days of the filing of the complaint.</text> </paragraph> <paragraph num="(4)"> <text>Mediation procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01.18.</text> </paragraph> <paragraph num="(5)"> <text>If mediation is successful, the Superintendent shall issue a written statement to both parties of the mediation findings and agreement, including the timeline within which any agreed actions must be taken.</text> </paragraph> <paragraph num="(6)"> <text>If a mediation agreement is not reached within the 60-day time period, the parties shall give written notice to the Superintendent.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Superintendent’s Decision.</text> <paragraph num="(1)"> <text>The Superintendent shall make a decision based on the filings with the Department unless additional information is requested by the Department from either of the parties.</text> </paragraph> <paragraph num="(2)"> <text>Before issuing a decision, the Superintendent may request the parties to present additional documents, answer any questions, or present oral argument.</text> </paragraph> <paragraph num="(3)"> <text>Within 120 days after the complaint is filed, the Superintendent shall issue a written decision, including:</text> <paragraph num="(a)"> <text>Findings of fact;</text> </paragraph> <paragraph num="(b)"> <text>Conclusions of law; and</text> </paragraph> <paragraph num="(c)"> <text>Notice of appeal rights, including any deadlines for filing an appeal.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the Superintendent finds that a county board, program, or school has violated Education Article, §26-704, Annotated Code of Maryland, the decision shall specify:</text> <paragraph num="(a)"> <text>Any actions required to remedy or eliminate the discrimination, including the timeline within which the actions must be taken; and</text> </paragraph> <paragraph num="(b)"> <text>Notification of how to reopen any complaint to remedy or eliminate the discrimination required by the Superintendent’s final decision.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Superintendent’s decision may require the Comptroller to withhold funding from the county board, program, or school in an amount to be determined by the Superintendent in accordance with Education Article, §2-303(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>If the Superintendent does not issue a decision within the 120-day time period, the complainant may appeal to the Office of Administrative Hearings as described in Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reopening Complaints.</text> <paragraph num="(1)"> <text>A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed in mediation or required by the Superintendent’s decision may reopen a complaint previously made without having to file a new complaint or engaging in mediation.</text> </paragraph> <paragraph num="(2)"> <text>If the Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required by the Superintendent’s decision, the Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the county board, program, or school in an amount determined by the Superintendent in accordance with Education Article, §2-303(b), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Appeals."> <paragraph num="A."> <text>The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final administrative decision on the appeal of the Superintendent’s decision in a complaint brought under this chapter.</text> </paragraph> <paragraph num="B."> <text>Hearing Requests.</text> <paragraph num="(1)"> <text>Either party may appeal the Superintendent’s decision to the Office of Administrative Hearings by filing a request for hearing with the Department.</text> </paragraph> <paragraph num="(2)"> <text>The hearing request:</text> <paragraph num="(a)"> <text>Shall be filed within 10 days from the date notice of the Superintendent’s decision is sent to the party; or</text> </paragraph> <paragraph num="(b)"> <text>If the Superintendent does not issue a decision within the 120-day time period required by Regulation .06D(3) of this chapter, may be filed within 130 days after the complaint is filed.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the subject of the Superintendent’s decision is also before the State Board on an appeal filed pursuant to COMAR 13A.01.05 as described in Regulation .04H of this chapter, the party shall choose between:</text> <paragraph num="(a)"> <text>Filing a request for a hearing to appeal the Superintendent’s decision to the Office of Administrative Hearings and withdrawing the State Board appeal; or</text> </paragraph> <paragraph num="(b)"> <text>Pursuing the appeal before the State Board pursuant to COMAR 13A.01.05 and foregoing a hearing request to appeal the Superintendent’s decision.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The hearing request shall state:</text> <paragraph num="(a)"> <text>The name and address of the parties and any representatives of the parties; and</text> </paragraph> <paragraph num="(b)"> <text>The date of the Superintendent’s decision.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Superintendent and the Department may not participate as a party in an appeal.</text> </paragraph> <paragraph num="(6)"> <text>The Department shall forward a hearing request to the Office of Administrative Hearings within 5 days of the filing date.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Hearing Procedures.</text> <paragraph num="(1)"> <text>Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.</text> </paragraph> <paragraph num="(2)"> <text>The party filing the appeal and request for a hearing shall have the burden of proof by a preponderance of the evidence.</text> </paragraph> <paragraph num="(3)"> <text>The appeal hearing shall be held in the county where the alleged discrimination occurred.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The administrative law judge shall issue, by regular mail, a decision and order to the parties stating:</text> <paragraph num="(1)"> <text>Findings of fact;</text> </paragraph> <paragraph num="(2)"> <text>Conclusions of law; and</text> </paragraph> <paragraph num="(3)"> <text>If the administrative law judge finds that the respondent has violated Education Article, §26-704, Annotated Code of Maryland, a directive:</text> <paragraph num="(a)"> <text>To cease and desist from engaging in the discrimination; and</text> </paragraph> <paragraph num="(b)"> <text>To take any affirmative action necessary to effectuate the purposes of Education Article, §26-701 et seq., Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A decision by an administrative law judge of the Office of Administrative Hearings in an appeal under this chapter is the final administrative decision and may be appealed to the circuit court pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-303, 4-108, and 26-701 et seq.; State Government Article, §§10-122 and 10-201 et seq., Annotated Code of Maryland; Federal Statutory References: 29 U.S.C. §794 et seq. and 42 U.S.C. §12101 et seq.</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 25, 2023 (50:25 Md. R. 1089)</annotation> </annotations> </chapter> <chapter num="08" heading="Public Information Act Requests"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets out procedures under the Public Information Act for filing and processing requests sent to the State Department of Education for the inspection and copying of public records of the Department.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Policy."> <text>It is the policy of the State Department of Education to facilitate access to the public records of the Department, if access is allowed by law, by minimizing costs and time delays to applicants.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.</text> </paragraph> <paragraph num="(5)"> <text>“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>“Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.</text> </paragraph> <paragraph num="(11)"> <text>“Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Working day” means a day other than a Saturday, Sunday, State holiday, or other day on which the Department is not open for official business.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="State Superintendent as Official Custodian."> <text>Unless otherwise provided by law, the State Superintendent is the official custodian of the public records of the Department.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Who May Request Public Records."> <text>Any person may request to inspect or copy public records of the Department.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Necessity for Written Request."> <paragraph num="A."> <text>Inspection.</text> <paragraph num="(1)"> <text>Except as otherwise provided in this chapter, the custodian shall make public records of the Department available for inspection by an applicant without demanding a written request.</text> </paragraph> <paragraph num="(2)"> <text>The custodian shall require a written request if the custodian reasonably believes that:</text> <paragraph num="(a)"> <text>The Act or any other law may prohibit the disclosure of one or more public records to the applicant; or</text> </paragraph> <paragraph num="(b)"> <text>A written request will materially assist the Office in responding.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Copies. If the applicant requests a copy of any public record of the Department, the custodian may require a written request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Contents of Written Request."> <text>A written request shall:</text> <paragraph num="A."> <text>Contain the applicant's contact information; and</text> </paragraph> <paragraph num="B."> <text>Reasonably identify, by brief description, the public record sought.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Addressee."> <text>A request to inspect or copy a public record shall be addressed to the custodian of the record or to the Department’s representative for public records requests as designated under General Provisions Article, §4-503, Annotated Code of Maryland. If the custodian is unknown, the request may alternatively be addressed to the State Superintendent.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Response to Request."> <paragraph num="A."> <text>If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:</text> <paragraph num="(1)"> <text>Immediately; or</text> </paragraph> <paragraph num="(2)"> <text>If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:</text> <paragraph num="(1)"> <text>The amount of time that the custodian anticipates it will take to produce the public record;</text> </paragraph> <paragraph num="(2)"> <text>An estimate of the range of fees that may be charged to comply with the request for public records; and</text> </paragraph> <paragraph num="(3)"> <text>The reason why it will take more than 10 working days to produce the records.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the custodian decides to deny a request for inspection, the custodian shall:</text> <paragraph num="(1)"> <text>Deny the request promptly and not more than 30 days after the request, except as otherwise provided by law; and</text> </paragraph> <paragraph num="(2)"> <text>Immediately notify the applicant of the denial.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:</text> <paragraph num="(1)"> <text>The reason or reasons for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:</text> <paragraph num="(a)"> <text>Why the denial is necessary, that is, why disclosure of the public record would be contrary to the public interest; and</text> </paragraph> <paragraph num="(b)"> <text>Why redacting information would not address the reasons for the denial;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The legal authority for the denial;</text> </paragraph> <paragraph num="(3)"> <text>Without disclosing the protected information, a brief description of the undisclosed record or records that will enable the applicant to assess the applicability of the legal authority for the denial; and</text> </paragraph> <paragraph num="(4)"> <text>Notice of the remedies available for review of the denial.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant:</text> <paragraph num="(1)"> <text>That the person does not have custody or control of the requested public record; and</text> </paragraph> <paragraph num="(2)"> <text>If the person knows:</text> <paragraph num="(a)"> <text>The name of the custodian of the public record; and</text> </paragraph> <paragraph num="(b)"> <text>The location or possible location of the public record.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Any time limit imposed by §§A—C of this regulation may be extended:</text> <paragraph num="(1)"> <text>With the consent of the applicant, for an additional period of up to 30 days; and</text> </paragraph> <paragraph num="(2)"> <text>For the period of time during which a dispute is pending before the Public Access Ombudsman, as permitted by General Provisions Article, §4-203(d)(2), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice to Person Possibly Affected by Disclosure."> <paragraph num="A."> <text>Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Department to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.</text> </paragraph> <paragraph num="B."> <text>The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Electronic Records."> <paragraph num="A."> <text>Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:</text> <paragraph num="(1)"> <text>The public record is in a searchable and analyzable electronic format;</text> </paragraph> <paragraph num="(2)"> <text>The applicant requests a copy of the public record in a searchable and analyzable electronic format; and</text> </paragraph> <paragraph num="(3)"> <text>The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if:</text> <paragraph num="(1)"> <text>Requested by the applicant; and</text> </paragraph> <paragraph num="(2)"> <text>The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian is not required to:</text> <paragraph num="(1)"> <text>Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format;</text> </paragraph> <paragraph num="(2)"> <text>Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained; or</text> </paragraph> <paragraph num="(3)"> <text>Create, compile, or program a new public record.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by:</text> <paragraph num="(1)"> <text>Using a software program or function; or</text> </paragraph> <paragraph num="(2)"> <text>Converting the electronic record into a different searchable and analyzable format.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Public Record Destroyed or Lost."> <text>If the person to whom application is made knows that a requested public record of the Department has been destroyed or lost, the person shall promptly:</text> <paragraph num="A."> <text>Notify the applicant that the public record is not available; and</text> </paragraph> <paragraph num="B."> <text>Explain the reasons why the public record cannot be produced.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Availability of Judicial and Administrative Review."> <text>If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362(a)(1), Annotated Code of Maryland, without pursuing the remedies set forth in General Provisions Article, Title 4, Subtitles 1A and 1B, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Disclosure Against Public Interest."> <paragraph num="A."> <text>Denial Pending Court Order.</text> <paragraph num="(1)"> <text>If, in the opinion of the State Superintendent, disclosure of a public record of the Department otherwise subject to disclosure under the Act would do substantial injury to the public interest, the State Superintendent may temporarily deny the request and seek a court order allowing continued nondisclosure.</text> </paragraph> <paragraph num="(2)"> <text>A temporary denial shall be in writing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Circuit Court Review.</text> <paragraph num="(1)"> <text>Within 10 working days after the denial, the State Superintendent shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.</text> </paragraph> <paragraph num="(2)"> <text>Notice of the State Superintendent’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Fees."> <paragraph num="A."> <text>Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Department is as follows:</text> <paragraph num="(1)"> <text>For each copy made by a standard printer or photocopying machine within the Department, 25 cents per page;</text> </paragraph> <paragraph num="(2)"> <text>For each copy made other than by a standard printer or photocopying machine within the Department, the actual cost of reproduction; and</text> </paragraph> <paragraph num="(3)"> <text>For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Minimum Fee. A charge may not be made if the total fee is $1 or less.</text> </paragraph> <paragraph num="C."> <text>If the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.</text> </paragraph> <paragraph num="D."> <text>If the custodian cannot copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall:</text> <paragraph num="(1)"> <text>Collect from the applicant a fee to cover the actual cost of reproduction; or</text> </paragraph> <paragraph num="(2)"> <text>Direct the applicant to pay the cost of reproduction directly to the facility making the copy.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the custodian intends to charge a fee, before copying a public record of the Department or otherwise disclosing public records to the applicant, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and may either:</text> <paragraph num="(1)"> <text>Obtain the agreement of the applicant to pay the cost; or</text> </paragraph> <paragraph num="(2)"> <text>Require prepayment of all or a portion of the cost.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Search and Preparation Fee.</text> <paragraph num="(1)"> <text>Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Department spends to:</text> <paragraph num="(a)"> <text>Search for requested public records;</text> </paragraph> <paragraph num="(b)"> <text>Review requested public records for potential disclosure; and</text> </paragraph> <paragraph num="(c)"> <text>Prepare public records for inspection and copying.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The custodian shall determine the fee under §F(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The custodian may not charge a fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection.</text> </paragraph> <paragraph num="H."> <text>Waiver or Reduction of Fee.</text> <paragraph num="(1)"> <text>The custodian may waive or reduce any fee under this regulation if:</text> <paragraph num="(a)"> <text>The applicant requests a waiver; and</text> </paragraph> <paragraph num="(b)"> <text>The custodian determines that:</text> <paragraph num="(i)"> <text>The waiver or reduction is in the public interest; or</text> </paragraph> <paragraph num="(ii)"> <text>The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>In determining whether a fee waiver is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.</text> </paragraph> </paragraph> <paragraph num="I."> <text>If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Time and Place of Inspection."> <paragraph num="A."> <text>An applicant may inspect any public record of the Department that the applicant is entitled to inspect during the normal working hours of the Department, subject to the ability of the custodian, if a record is not immediately available for inspection, to schedule a mutually agreeable date within a reasonable amount of time that comports with any applicable deadlines under the Act.</text> </paragraph> <paragraph num="B."> <text>The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s expressed wish, determines that another place is more suitable and convenient.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">General Provisions Article, §§4-101—4-601, Annotated Code of Maryland;</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 24, 2023 (50:14 Md. R. 594)</annotation> </annotations> </chapter> <chapter num="09" heading="Correction or Amendment of Public Records"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the State Department of Education.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(4)"> <text>“Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Who May Request."> <text>A person in interest may request that the Department correct or amend any public record that:</text> <paragraph num="A."> <text>The Department keeps; and</text> </paragraph> <paragraph num="B."> <text>The person in interest is authorized to inspect.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Contents of Request."> <paragraph num="A."> <text>A person in interest shall make a request to correct or amend a public record in writing.</text> </paragraph> <paragraph num="B."> <text>The request shall:</text> <paragraph num="(1)"> <text>Identify the public record to be corrected or amended;</text> </paragraph> <paragraph num="(2)"> <text>State the precise correction or amendment requested;</text> </paragraph> <paragraph num="(3)"> <text>State the reason for the correction or amendment; and</text> </paragraph> <paragraph num="(4)"> <text>Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Who May Request Public Records."> <text>Any person may request to inspect or copy public records of the Department.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Return of Nonconforming Request."> <paragraph num="A."> <text>The Department shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with:</text> <paragraph num="(1)"> <text>An explanation of the reason for the return; and</text> </paragraph> <paragraph num="(2)"> <text>A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Contents of Written Request."> <text>A written request shall:</text> <paragraph num="A."> <text>Contain the applicant's contact information; and</text> </paragraph> <paragraph num="B."> <text>Reasonably identify, by brief description, the public record sought.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Response to Refusal of Request—Statement of Disagreement."> <text>If the Department refuses to make a requested correction or amendment, a person in interest may file with the Department a concise statement of the reasons for:</text> <paragraph num="A."> <text>The requested correction or amendment; and</text> </paragraph> <paragraph num="B."> <text>The person’s disagreement with the refusal of the Department to make the correction or amendment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading=". Requirements for Statement of Disagreement."> <text>The statement submitted under Regulation .08 of this chapter shall:</text> <paragraph num="A."> <text>Be on pages not larger than 8-1/2 by 11 inches;</text> </paragraph> <paragraph num="B."> <text>Use only one side of each page; and</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Disclosure of Statement of Disagreement."> <text>If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Administrative Review."> <paragraph num="A."> <text>A person may request administrative review under this regulation if the Department:</text> <paragraph num="(1)"> <text>Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A request for review shall be filed with the State Superintendent within 30 days after the requester is advised of the Department’s action.</text> </paragraph> <paragraph num="C."> <text>The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">General Provisions Article, §4-502, Annotated Code of Maryland;</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 24, 2023 (50:14 Md. R. 594)</annotation> </annotations> </chapter> <chapter num="10" heading="Language Access"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>The purpose of this chapter is to establish as a matter of policy and priority that parents, guardians, and caregivers are provided with a meaningful opportunity to participate in and have access to programs and services critical to their child’s education, regardless of their dominant language.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to all local school systems.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Covered languages” means the most common dominant languages other than English spoken by persons living in the county in which the local school system is located.</text> </paragraph> <paragraph num="(2)"> <text>“Interpretation” means the process of converting a spoken language from one language to another in a way that is culturally and linguistically appropriate, while preserving the original meaning.</text> </paragraph> <paragraph num="(3)"> <text>“Language access plan” means a document that describes how the local school system will provide services to individuals whose dominant language is not English.</text> </paragraph> <paragraph num="(4)"> <text>“Translation” means the process of converting text from one language to another while preserving the original meaning.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requirements."> <text>Each local school system shall:</text> <paragraph num="A."> <text>Develop and implement a language access plan to:</text> <paragraph num="(1)"> <text>Determine the covered languages for which language services will be provided;</text> </paragraph> <paragraph num="(2)"> <text>Establish a process to identify, translate, and disseminate documents containing critical information regarding students’ education;</text> </paragraph> <paragraph num="(3)"> <text>Establish a process to provide interpretation services for meetings and communication with parents and guardians;</text> </paragraph> <paragraph num="(4)"> <text>Establish a plan to provide language access for families whose dominant language is not a covered language; and</text> </paragraph> <paragraph num="(5)"> <text>Provide regular training sessions for translators, interpreters, school staff, and administrators;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Establish a process for users of language access services to provide feedback on the implementation of the language access plan;</text> </paragraph> <paragraph num="C."> <text>Track and report on the effectiveness of their language access services;</text> </paragraph> <paragraph num="D."> <text>Develop annual goals to improve the effectiveness of language access services;</text> </paragraph> <paragraph num="E."> <text>Review and revise their language access plan every two years; and</text> </paragraph> <paragraph num="F."> <text>Update covered languages annually.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article §2-205, Annotated Code of Maryland; Federal Statutory Reference: 42 U.S.C. § 2000d</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 15, 2025 (52:18 Md. R. 924)</annotation> </annotations> </chapter> </subtitle> <subtitle num="02" heading="Local School Administration"> <chapter num="01" heading="Local Boards of Education"> <regulation prefix="Regulation" num=".01" heading="Rules for Meetings."> <text>The rules generally adopted by deliberative bodies for their government shall be observed by the local board of education. A motion or resolution may not be declared adopted without the concurrence of a majority of the whole board; namely: three members when the board consists of five, four members when the board consists of six or seven, and five members when the board consists of eight or nine.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Records and Reports."> <paragraph num="A."> <text>Minutes. The local superintendent shall keep accurate minutes of the proceedings of each meeting of the local board of education and, after the minutes have been duly approved at the first subsequent meeting, shall record the proceedings. This record shall be a public record.</text> </paragraph> <paragraph num="B."> <text>Record of Hearings.</text> <paragraph num="(1)"> <text>An accurate record of all hearings, disputes, or controversies shall be kept by the local superintendent in order that, if an appeal is taken, the record shall be submitted.</text> </paragraph> <paragraph num="(2)"> <text>Unless waived by all the parties, a stenographic record of that part of the proceedings which involves the presentation of evidence shall be made at the expense of the local board of education. The record need not be transcribed, however, unless requested by a party to the controversy, by the local superintendent, by the local board, by the State Superintendent, or by the State Board, as the case may be. The cost of any typewritten transcript of any proceedings, or part of proceedings, shall be paid by the party or entity requesting it unless as provided in COMAR 13A.01.01.03C(3) and D(2).</text> </paragraph> </paragraph> <paragraph num="C."> <text>Annual School Budget. The annual school budget shall be submitted by the local board of education to the board of county commissioners or county council or the city council according to the form and procedures adopted by the State Board of Education and set forth in the “Financial Reporting Manual for Maryland Public Schools Revised 2009”, which is incorporated by reference. The forms and procedures in the manual shall apply to the annual school budgets beginning with fiscal year 2010.</text> </paragraph> <paragraph num="D."> <text>Annual School Financial Report. The annual school financial report shall be submitted by the local board of education to the State Board of Education according to the form and procedures adopted by the State Board of Education.</text> </paragraph> <paragraph num="E."> <text>Other Reports. The local school system shall submit all reports required of the local board of education by the State Board of Education or the State Superintendent of Schools.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Specific Responsibilities."> <paragraph num="A."> <text>Comprehensive Liability Insurance. The type and amount of liability insurance carried by the local boards of education shall conform to the requirements of Education Article, § 4-105, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Absence of Principal. The local board of education may designate or give the principal authority to designate a person as the highest official of the school when the principal is to be absent from the school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Length of the School Year."> <paragraph num="A."> <text>Schools shall be open a minimum of 180 days per year. In implementing Education Article, §7-103, Annotated Code of Maryland, a waiver of the 180-day requirement will be granted by the State Board of Education to local school systems only when:</text> <paragraph num="(1)"> <text>They demonstrate that sufficient effort has been made through calendar planning and modification; and</text> </paragraph> <paragraph num="(2)"> <text>Natural or civil disasters or severe weather conditions are sufficiently significant to warrant waiver.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The closing of individual schools does not require a waiver by the State Board of Education but may be granted by permission of the State Superintendent of Schools upon request of the local superintendent of schools.</text> </paragraph> <paragraph num="C."> <text>Whether or not a school system plans to apply for a waiver, after any school system closure, it must provide notice to the Maryland State Department of Education, within 10 days of reopening, of its plan to make up the missed school days, including the dates of the make-up days.</text> </paragraph> <paragraph num="D."> <text>Application for Waiver.</text> <paragraph num="(1)"> <text>In the required written application for waiver of school days, it shall be demonstrated that:</text> <paragraph num="(a)"> <text>The local school system developed a calendar which included days to be used to make up days lost. Depending upon past experience, this number could range from 3 to 10 days throughout the State. The local school system calendar shall have identified those potential make-up days which could have been used as student days when calendar modification becomes necessary; that is, make-up days, student vacation days, etc.</text> </paragraph> <paragraph num="(b)"> <text>The local school system has modified its calendar by scheduling school on the make-up days provided in the original calendar and by extending the school year 3 days beyond the previously scheduled closing date.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In considering this application, the State Board of Education may waive:</text> <paragraph num="(a)"> <text>The final day needed to complete the 180-day schedule if that day falls on a Monday;</text> </paragraph> <paragraph num="(b)"> <text>Additional days beyond those specified in §D(1)(b) of this regulation that would have to be added to the calendar to complete a 180-day schedule.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 27, 1971</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B adopted effective October 21, 1978 (5:21 Md. R. 1589)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 1, 1987 (14:10 Md. R. 1172)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective March 30, 1977 (4:7 Md. R. 580); June 15, 1979 (6:12 Md. R. 1052); May 2, 1980 (7:9 Md. R. 848); August 30, 1982 (9:17 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3130)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 31, 2017 (44:15 Md. R. 760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective December 16, 1996 (23:25 Md. R. 1786); November 2, 1998 (25:22 Md. R. 1652); October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective August 15, 1994 (21:16 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 24, 2018 (45:19 Md. R. 865)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective September 25, 2017 (44:19 Md. R. 898)</annotation> </annotations> </chapter> <chapter num="02" heading="Emergency Plans"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets forth the requirements for emergency plans that shall be developed and implemented by each local school system in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Local school system” means any of the 24 local public school systems in the State.</text> </paragraph> <paragraph num="(2)"> <text>“School emergency plan” means a plan for each public school grounds within the local school system that addresses mitigation, prevention, preparation, response, and recovery to an emergency including responding to:</text> <paragraph num="(a)"> <text>Violent or traumatic events on school grounds during regular school hours or during school-sponsored activities; or</text> </paragraph> <paragraph num="(b)"> <text>Events in the community that affect normal school functioning.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Central administration emergency plan” means a plan for each local school system and the SEED School that addresses mitigation, prevention, preparation, response, and recovery to an emergency including responding to:</text> <paragraph num="(a)"> <text>Violent or traumatic events on school grounds during regular school hours or during school-sponsored activities; or</text> </paragraph> <paragraph num="(b)"> <text>Events in the community that affect normal school functioning.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Drill” means a formalized exercise by which school system personnel, school staff, or students rehearse the plan or portions of the plan.</text> </paragraph> <paragraph num="(5)"> <text>“Mitigation” means a preventative action taken to reduce the loss of life or damage to property from all hazards.</text> </paragraph> <paragraph num="(6)"> <text>“Public school grounds” means local school system owned or leased buildings, the SEED School, and the land that surrounds the school building.</text> </paragraph> <paragraph num="(7)"> <text>“SEED School” means the residential boarding education program operated under the supervision of the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>The Maryland State Department of Education Emergency Planning Guidelines for Local School Systems and Schools (December 2019) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Emergency Plan."> <paragraph num="A."> <text>In consultation with other health and safety officials in the local community, each local school system and the SEED School shall develop an emergency plan for all public school grounds to include maintenance, transportation, and central administration office under its jurisdiction that:</text> <paragraph num="(1)"> <text>Deals with the contingencies of man-made, technological, and natural hazards;</text> </paragraph> <paragraph num="(2)"> <text>Conforms to the requirements of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Aligns with the Maryland State Department of Education Emergency Planning Guidelines for Local School Systems and Schools (December 2019).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each local school system and the SEED School shall ensure that:</text> <paragraph num="(1)"> <text>Each school facility under its jurisdiction has a school emergency plan that is aligned with the criteria outlined in the MSDE Emergency Planning Guidelines for Local School Systems and Schools (December 2019) and that a copy of each school emergency plan is on file at the central administration office.</text> </paragraph> <paragraph num="(2)"> <text>A central administration emergency plan that is aligned with the criteria outlined in the MSDE Emergency Planning Guidelines for Local School Systems and Schools (December 2019) is on file in each school grounds under its jurisdiction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each local school system and the SEED School shall develop and implement an annual schedule of drills for each school grounds within the system. In addition to fire drills, the following drills shall be conducted annually:</text> <paragraph num="(1)"> <text>Evacuation;</text> </paragraph> <paragraph num="(2)"> <text>Shelter in place;</text> </paragraph> <paragraph num="(3)"> <text>Reverse evacuation;</text> </paragraph> <paragraph num="(4)"> <text>Lock down;</text> </paragraph> <paragraph num="(5)"> <text>Drop, cover, and hold; and</text> </paragraph> <paragraph num="(6)"> <text>Severe weather.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Annual Certification."> <paragraph num="A."> <text>By September 30 of each year, each local superintendent of schools and the Head of the SEED School shall certify to the State Superintendent that the requirements of this chapter are being implemented.</text> </paragraph> <paragraph num="B."> <text>By September 30 of each year, each local superintendent of schools and the Head of the SEED School shall send a copy of the local school system’s central administration emergency plan to the State Superintendent of Schools, if updated from the previous year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-435, 7-1510, and 8-702, Annotated Code of Maryland;Federal Statutory Reference: 20 U.S.C. 7114 and 20 U.S.C. 7118</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 6, 2005 (31:26 Md. R. 1864)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 25, 2013 (40:23 Md. R. 1935)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 18, 2018 (45:12 Md. R. 618); June 29, 2020 (47:13 Md. R. 641)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, B amended effective June 18, 2018 (45:12 Md. R. 618); June 29, 2020 (47:13 Md. R. 641)</annotation> </annotations> </chapter> <chapter num="03" heading="Local Administrative and Supervisory Staff"> <regulation prefix="Regulation" num=".01" heading="Organization and Administration."> <paragraph num="A."> <text>Accommodations, Duties of Local Administrative and Supervisory Staff. The local board of education shall provide suitable space and equipment for the administrative and supervisory staff of the local superintendent. The administrative and supervisory staff shall spend their time performing duties consistent with their positions, or as may be assigned by the local superintendent.</text> </paragraph> <paragraph num="B."> <text>Recommended Staffing.</text> <paragraph num="(1)"> <text>The size of the school system will determine to some extent the degree of staff specialization, but every effort should be made to provide adequate instructional and pupil personnel services to both elementary and secondary schools.</text> </paragraph> <paragraph num="(2)"> <text>The recommended ratio of supervisory staff for instructional services to student enrollment is one general supervisor for each 1,000 students enrolled up to 2,000 and one general or special supervisor for each additional 1,200 students enrolled. For most school systems this ratio should provide supervisory staff for instructional services with special competence at both elementary and secondary levels in such areas as curriculum development, subject content, and specialized services, for example, reading, speech and hearing, the gifted, and the disabled.</text> </paragraph> <paragraph num="(3)"> <text>The following ratio of pupil personnel staff to students enrolled is recommended: One person responsible for the supervision of the pupil personnel services for the first 2,500 students enrolled and one pupil personnel worker (visiting teacher, school social worker, or school psychologist) for each additional 2,500 students.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Annual Leave of Staff."> <text>Annual leave of not less than 15 working days shall be given to each local administrative and supervisory staff member employed on a 12-month basis, the time for which shall be determined by the local superintendent.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(m) and 6-201, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 26, 1967</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3130)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 15, 1994 (21:16 Md. R. 1385)</annotation> </annotations> </chapter> <chapter num="04" heading="Tobacco-Free School Environment"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations require each local school system to maintain a tobacco-free school environment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Official school day” means the regular school day with a designated starting time and ending time as defined by the local school system.</text> </paragraph> <paragraph num="(2)"> <text>“School buildings” means local school system owned or leased buildings.</text> </paragraph> <paragraph num="(3)"> <text>“School grounds” means local school system owned or leased land that surrounds a school building.</text> </paragraph> <paragraph num="(4)"> <text>Tobacco.</text> <paragraph num="(a)"> <text>“Tobacco” means products derived from the tobacco plant that are smoked, chewed, sniffed, or otherwise consumed.</text> </paragraph> <paragraph num="(b)"> <text>“Tobacco” does not include nicotine replacement therapy.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Tobacco Use."> <text>The sale or use of tobacco in any form is prohibited in school buildings at all times. In addition, the sale or use of tobacco in any form is prohibited on school grounds during the official school day.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Notification of a Tobacco-Free Environment."> <text>Each local school system shall post notification to students, staff, and the general public that school buildings and grounds are tobacco-free.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Tobacco-Free Guidelines."> <text>The State Department of Education shall develop guidelines to assist the local school systems in implementing a tobacco-free environment.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Smoking Cessation Classes."> <text>Each local school system is encouraged to make smoking cessation classes available to all employees.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Certification Procedures."> <text>By September 1, 1993, each local superintendent of schools shall certify in writing to the State Superintendent of Schools that the regulations in this chapter are implemented.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 9, 1992 (19:22 Md. R. 1988)</annotation> </annotations> </chapter> <chapter num="05" heading="Maintenance of Effort"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the nonrecurring cost exclusion to the maintenance of effort requirement for the receipt of the State's share of the foundation program as well as the process for obtaining a waiver from the maintenance of effort requirement.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agreed on Waiver” means a waiver based on an agreement to reduce recurring costs pursuant to Education Article §5-202(d)(9).</text> </paragraph> <paragraph num="(2)"> <text>“County” means the county governing body and includes the Mayor and City Council of Baltimore City.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(4)"> <text>“Education effort” means a county’s appropriation to the local school system divided by the county’s wealth, as defined in Education Article, §5-202(a)(14), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Five-year moving average of education effort” means the simple average of a county’s education effort for the five preceding years.</text> </paragraph> <paragraph num="(6)"> <text>“Highest local appropriation” means the total amount of a county's appropriation to the school operating budget for a fiscal year and includes all items related to the ongoing education functions of the public schools.</text> </paragraph> <paragraph num="(7)"> <text>“Impeded Ability Waiver” means a waiver for a fiscal year pursuant to Education Article, §5-202(d)(8), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Local board” means the local board of education and includes the Board of School Commissioners of Baltimore City.</text> </paragraph> <paragraph num="(9)"> <text>“Local wealth per pupil” means a county’s wealth divided by the county’s full-time equivalent enrollment.</text> </paragraph> <paragraph num="(10)"> <text>“Rebasing Waiver” means a waiver to rebase maintenance of effort permanently pursuant to Education Article, §5-202(d)(10), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Statewide 5-year moving average of education effort” means the simple average of the 5-year moving average of education effort for the 24 local school systems.</text> </paragraph> <paragraph num="(12)"> <text>“Supplemental” means expenditures that are in excess of the original appropriation to the regular school operating budget that qualify as nonrecurring costs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Nonrecurring Cost Exclusion."> <paragraph num="A."> <text>Calculation.</text> <paragraph num="(1)"> <text>The calculation of the county's highest local appropriation to its school operating budget for the prior fiscal year shall exclude a qualifying nonrecurring cost that is supplemental to the regular school operating budget in accordance with the format developed by the Department.</text> </paragraph> <paragraph num="(2)"> <text>Qualifying nonrecurring costs shall be limited to:</text> <paragraph num="(a)"> <text>Costs to establish new computer laboratories that include the cost for equipment, furniture, wiring, hardware, software, space renovations, and the initial up-front cost for staff development, and training but not ongoing costs such as maintenance, staff salaries, staff development, and training;</text> </paragraph> <paragraph num="(b)"> <text>Costs for new technology that include the cost for equipment, furniture, wiring, hardware, software, space renovations, and the initial up-front cost for staff development, and training but not ongoing costs such as maintenance, staff salaries, staff development, and training;</text> </paragraph> <paragraph num="(c)"> <text>New instructional program start-up costs that include the cost for equipment, furniture, wiring, hardware, software, space renovations, textbooks, manipulatives, staff development, and training;</text> </paragraph> <paragraph num="(d)"> <text>Books other than classroom textbooks to establish a new library collection and new books required in new and renovated schools;</text> </paragraph> <paragraph num="(e)"> <text>Capital items with a useful life of 5 years or more that include the cost to acquire fixed assets other than land and buildings; and</text> </paragraph> <paragraph num="(f)"> <text>Other unique one-time costs that the local board and county mutually agree to be one-time expenditures.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An approved qualifying nonrecurring cost may not be included in the county's appropriation for purposes of satisfying the county's maintenance of effort requirement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Procedure.</text> <paragraph num="(1)"> <text>The county shall submit to the Department between January 1 and March 31 of the prior fiscal year, a written request to exclude qualifying nonrecurring costs that are supplemental to the regular school operating budget. The request shall include an explanation of why the cost qualifies as nonrecurring. Before submitting the written request, the county shall confer with the local board. The county shall send a copy of the written request to the local board.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall inform the local board of education and the county within 30 days from receipt of the written request, but no later than May 1 of the prior fiscal year, whether the qualifying nonrecurring costs that are supplemental to the regular school operating budget are approved for exclusion from the calculation of the county's highest local appropriation to its school operating budget.</text> </paragraph> <paragraph num="(3)"> <text>The county or the local board may appeal to the State Board within 15 days of the date of a decision to approve or reject a cost as nonrecurring.</text> </paragraph> <paragraph num="(4)"> <text>The county may decide to appropriate additional funds to its school operating budget during a fiscal year. The county shall obtain written approval from the Department to classify any additional appropriation as a nonrecurring cost.</text> </paragraph> <paragraph num="(5)"> <text>The provisions of this regulation do not apply to a county if the county is granted a waiver, in whole or in part, by the State Board of Education based on a determination that the county's fiscal condition significantly impedes the county's ability to fund the maintenance of effort requirement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Waiver of Maintenance of Effort Requirement."> <paragraph num="A."> <text>Waiver Requests.</text> <paragraph num="(1)"> <text>In order to qualify for a maintenance of effort waiver, a county shall make a request for a waiver in writing to the State Board of Education by the earlier of April 20 or the 7th day following the end of the legislative session of the fiscal year prior to the waiver year. The county shall send to the local board of education a copy of the waiver request.</text> </paragraph> <paragraph num="(2)"> <text>There are three types of waiver requests:</text> <paragraph num="(a)"> <text>Impeded Ability Waiver;</text> </paragraph> <paragraph num="(b)"> <text>Agreed on Waiver; and</text> </paragraph> <paragraph num="(c)"> <text>Rebasing Waiver.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The State Board shall inform the county whether the waiver is approved or denied in whole or in part 30 days after receipt of an application or May 20 of the fiscal year prior to the waiver year, whichever is earlier.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Public Hearing.</text> <paragraph num="(1)"> <text>Upon receipt of the waiver request, the State Superintendent of Schools shall provide a preliminary assessment of the waiver request to the State Board.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the waiver request, the State Board shall schedule a public hearing.</text> </paragraph> <paragraph num="(3)"> <text>Notice of the public hearing shall include the time allotment for oral presentation.</text> </paragraph> <paragraph num="(4)"> <text>The State Board may identify and call upon expert witnesses.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Standards for Granting Waivers.</text> <paragraph num="(1)"> <text>For an Impeded Ability Waiver for a fiscal year, the county shall address whether the waiver request is contested and submit the amount of the waiver request and a full explanation of how each of the following factors impact and support the request for this waiver:</text> <paragraph num="(a)"> <text>External environmental factors such as a loss of a major employer or industry affecting a county or a broad economic downturn affecting more than one county;</text> </paragraph> <paragraph num="(b)"> <text>A county’s tax base;</text> </paragraph> <paragraph num="(c)"> <text>Rate of inflation relative to growth of the student population in the county;</text> </paragraph> <paragraph num="(d)"> <text>Maintenance of effort requirement relative to the county’s statutory ability to raise revenues;</text> </paragraph> <paragraph num="(e)"> <text>The county’s history of exceeding the required maintenance of effort amount;</text> </paragraph> <paragraph num="(f)"> <text>An agreement between a county and a county board that a waiver should be granted;</text> </paragraph> <paragraph num="(g)"> <text>Significant reductions in State aid to the county and municipalities of the county for the fiscal year for which a waiver is requested;</text> </paragraph> <paragraph num="(h)"> <text>The number of waivers the county has received in the past 5 years;</text> </paragraph> <paragraph num="(i)"> <text>The history of compensation adjustments for employees of the county board and county government; and</text> </paragraph> <paragraph num="(j)"> <text>Other factors, upon request by the State Board.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For an Agreed on Waiver based on an agreed-on reduction in recurring costs, the county must submit:</text> <paragraph num="(a)"> <text>The amount of the agreed-on reduction in recurring costs by line item in the local board’s budget;</text> </paragraph> <paragraph num="(b)"> <text>The amount of the waiver request;</text> </paragraph> <paragraph num="(c)"> <text>A comparison of the requested appropriation level to the amount required by Education Article, §5-202(d)(1)(i), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>The document that sets forth the mutual agreement between the county and the local board; and</text> </paragraph> <paragraph num="(e)"> <text>If the reduction in recurring costs includes reductions in personnel or personnel costs, the document that reflects the agreement of the exclusive employee representative.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For a Rebasing Waiver to rebase maintenance of effort permanently, the county shall:</text> <paragraph num="(a)"> <text>Have obtained a waiver for a fiscal year under §C(1) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Submit the amount requested to be permanently rebased;</text> </paragraph> <paragraph num="(c)"> <text>Demonstrate that the county education appropriation under Education Article, §5-202(d)(1)(ii), Annotated Code of Maryland, for the waiver year exceeds 100 percent of the Statewide 5-year moving average of education effort times a county’s local wealth; and</text> </paragraph> <paragraph num="(d)"> <text>Submit a full explanation of whether and how:</text> <paragraph num="(i)"> <text>The county is at its maximum taxing authority under the law;</text> </paragraph> <paragraph num="(ii)"> <text>The county’s education appropriation is commensurate with the county’s wealth;</text> </paragraph> <paragraph num="(iii)"> <text>The county’s history of exceeding the required maintenance of effort has made meeting the maintenance of effort requirement in future years unsustainable;</text> </paragraph> <paragraph num="(iv)"> <text>The county has or has not received a rebasing waiver in the past 5 years; and</text> </paragraph> <paragraph num="(v)"> <text>The factors set forth in §C(1)(a)—(i) of this regulation affect the county’s ongoing ability to meet the maintenance of effort requirement.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Additional Maintenance of Effort for Low-Effort Counties."> <paragraph num="A."> <text>Procedure.</text> <paragraph num="(1)"> <text>In each fiscal year in which a county’s prior year’s education effort is below 100 percent of the Statewide five-year moving average of education effort, the Department will designate the county as a low-effort county.</text> </paragraph> <paragraph num="(2)"> <text>The local board in a low-effort county shall adjust the maintenance of effort amount for the county by increasing the per-pupil amount by the lesser of:</text> <paragraph num="(a)"> <text>A county’s increase in local wealth per pupil between the prior fiscal year and current fiscal year;</text> </paragraph> <paragraph num="(b)"> <text>The Statewide average increases in local wealth per pupil between the prior fiscal year and the current fiscal year; or</text> </paragraph> <paragraph num="(c)"> <text>2.5 percent.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the number calculated pursuant to §A(2)(a) or (b) of this regulation is a negative number, the adjustment to the maintenance of effort amount shall be zero.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Calculations.</text> <paragraph num="(1)"> <text>For the purpose of calculating the 5-year moving average of education effort, the Department’s calculation of wealth in each fiscal year included in the 5-year period shall be based on the amount the Comptroller certifies as net taxable income based on tax returns filed on or before:</text> <paragraph num="(a)"> <text>September 1st for fiscal years 2015—2017; and</text> </paragraph> <paragraph num="(b)"> <text>November 1st for fiscal year 2018 and each fiscal year thereafter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>To calculate a county’s increase in local wealth per pupil, divide the current fiscal year’s local wealth per pupil by the prior fiscal year’s local wealth per pupil and subtract 1.</text> </paragraph> <paragraph num="(3)"> <text>To calculate the Statewide average increase in local wealth per pupil, add together the 24 changes in local wealth per pupil as calculated in §B(2) of this regulation and divide by 24.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 5-202, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 adopted as an emergency provision effective November 8, 1996 (23:24 Md. R. 1679)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted effective March 24, 1997 (24:6 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 30, 2008 (35:13 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 20, 2015 (42:14 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 20, 2015 (42:14 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 20, 2015 (42:14 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective July 20, 2015 (42:14 Md. R. 881)</annotation> </annotations> </chapter> <chapter num="06" heading="General Financial Aid to Local School Systems"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to enrollment collection requirements for the calculation of State financial assistance for the 24 public school systems in Maryland through the foundation program and the compensatory education, English learner education, special education, and transportation services grants.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Age 3” means that the student is 3 years old on the date specified in COMAR 13A.08.01.02.</text> </paragraph> <paragraph num="(2)"> <text>“Age 5” means that the student is 5 years old on the date specified in COMAR 13A.08.01.02.</text> </paragraph> <paragraph num="(3)"> <text>“Age 6” means that the student is 6 years old on the date specified in COMAR 13A.08.01.02.</text> </paragraph> <paragraph num="(4)"> <text>“Age 21” means that the student has not received a high school diploma and is not 21 years old on the first day of the school year.</text> </paragraph> <paragraph num="(5)"> <text>“Attendance” means that a student is present at school on a regular school day and includes participation in school-sponsored activities as specified in COMAR 13A.08.01.01.</text> </paragraph> <paragraph num="(6)"> <text>Bona Fide Resident.</text> <paragraph num="(a)"> <text>“Bona fide resident of Maryland” means a student who:</text> <paragraph num="(i)"> <text>Is living with a parent or guardian who resides in Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>Has been determined to be a bona fide resident of Maryland in accordance with local school system policies and procedures;</text> </paragraph> <paragraph num="(iii)"> <text>Is from another country and attending school in Maryland under a program approved by the Department which provides for a tuition waiver; or</text> </paragraph> <paragraph num="(iv)"> <text>Is homeless as defined by 42 U.S.C. §1302.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Bona fide resident of Maryland” does not include a student who:</text> <paragraph num="(i)"> <text>Lives in another state, but attends a public school in Maryland under a cooperative agreement with the local school system;</text> </paragraph> <paragraph num="(ii)"> <text>Does not have a parent or legal guardian residing in Maryland, but is temporarily living in Maryland for the primary purpose of attending a public school, with such determination being made on a case-by-case basis by the local school superintendent; or</text> </paragraph> <paragraph num="(iii)"> <text>Is a resident of another state, but is placed in a foster care home or residential facility in Maryland by an out-of-state agency, which is financially responsible for the student's education under Education Article, §4-122(e), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(8)"> <text>“Documented retention and dropout prevention interventions” means documented actions taken by the local school system to keep the student in school.</text> </paragraph> <paragraph num="(9)"> <text>“Eligible for free and reduced price meals” means qualified for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.</text> </paragraph> <paragraph num="(10)"> <text>“Foundation program” means the product of the annual per pupil foundation amount and a local school system's full time equivalent enrollment as specified in Education Article, §5-202, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Full-time equivalent student” means a student eligible for inclusion in the enrollment count of a local school system for calculation of State financial assistance through the foundation program.</text> </paragraph> <paragraph num="(12)"> <text>“Local school system” means the public school system of a county and includes the Baltimore City Public School System.</text> </paragraph> <paragraph num="(13)"> <text>“Regular day program” means both the general education and special education programs operated by a local school system.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="State Financial Assistance under the Foundation Program."> <paragraph num="A."> <text>For the purpose of calculating State aid under the foundation program, a student, who is a bona fide resident of Maryland and who has age appropriate immunizations, may be included in the enrollment count of the local school system under the following circumstances:</text> <paragraph num="(1)"> <text>A student may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is between age 5 and age 21;</text> </paragraph> <paragraph num="(b)"> <text>Is enrolled in a regular public school day program, grades 1—12 or the equivalent; and</text> </paragraph> <paragraph num="(c)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A student may be counted as one full-time equivalent student if the student is enrolled, but not attending school in September for an extended period, provided that:</text> <paragraph num="(a)"> <text>The student is between age 5 and age 16;</text> </paragraph> <paragraph num="(b)"> <text>The student is enrolled in a regular public school day school program, grades 1—12 or their equivalent;</text> </paragraph> <paragraph num="(c)"> <text>The school has documented retention and dropout prevention interventions with respect to the student; and</text> </paragraph> <paragraph num="(d)"> <text>The school system has documentation of at least 1 day of attendance by the student in September on file;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A student with disabilities may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is disabled;</text> </paragraph> <paragraph num="(b)"> <text>Is at least age 6 and under age 21;</text> </paragraph> <paragraph num="(c)"> <text>Is enrolled in a special education program in the public school; and</text> </paragraph> <paragraph num="(d)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A student may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is enrolled in a public school kindergarten program in Garrett County;</text> </paragraph> <paragraph num="(b)"> <text>Is at least age 5; and</text> </paragraph> <paragraph num="(c)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A student may be counted as a fraction of a full-time equivalent student under Education Article, §5-202(a)(6)(ii), Annotated Code of Maryland, if the student:</text> <paragraph num="(a)"> <text>Is at least age 5;</text> </paragraph> <paragraph num="(b)"> <text>Is enrolled in a public school kindergarten program other than in Garrett County; and</text> </paragraph> <paragraph num="(c)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A student may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is a part-time student enrolled in a day public high school;</text> </paragraph> <paragraph num="(b)"> <text>Is younger than age 21 and older than age 5 at the time of enrollment;</text> </paragraph> <paragraph num="(c)"> <text>Is working to satisfy the completion of requirements for a high school diploma;</text> </paragraph> <paragraph num="(d)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; and</text> </paragraph> <paragraph num="(e)"> <text>Is under school supplied supervision or other instructional services to cover that period of time when not enrolled in credit courses but is engaged in school-approved activities and alternative programs for part of the regular school day;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A student may be counted as a 1/4 full-time equivalent student for each course taken carrying one unit of credit or fraction of a unit of credit up to a maximum of one full-time student if the student:</text> <paragraph num="(a)"> <text>Is a part-time student enrolled in a day or evening public high school;</text> </paragraph> <paragraph num="(b)"> <text>Is younger than age 21 and older than age 5 at the time of enrollment;</text> </paragraph> <paragraph num="(c)"> <text>Is working to satisfy the completion requirements for a high school diploma; and</text> </paragraph> <paragraph num="(d)"> <text>Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A student may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is between age 5 and age 21;</text> </paragraph> <paragraph num="(b)"> <text>Is enrolled in a home and hospital program operated by a local school system; and</text> </paragraph> <paragraph num="(c)"> <text>Has received at least 1 day of service in September and has not been determined to have withdrawn on or before September 30; and</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A student may be counted as one full-time equivalent student if the student:</text> <paragraph num="(a)"> <text>Is between age 5 and age 21;</text> </paragraph> <paragraph num="(b)"> <text>Is registered in a public school system grades 9—12, and also enrolled full-time in a state-approved institution of higher education and receives both high school and college credit for college courses completed; and</text> </paragraph> <paragraph num="(c)"> <text>Is under the supervision of the public school system for the purposes of:</text> <paragraph num="(i)"> <text>Assuring that all graduation requirements are met;</text> </paragraph> <paragraph num="(ii)"> <text>Planning the dual enrollment course work for the student; and</text> </paragraph> <paragraph num="(iii)"> <text>If appropriate, providing and supervising participation in extracurricular activities at the public school;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Is taking four or more credit bearing courses in the early college public school program; and</text> </paragraph> <paragraph num="(e)"> <text>Is under the supervision of the public school for the purposes of:</text> <paragraph num="(i)"> <text>Assuring that all graduation requirements are met;</text> </paragraph> <paragraph num="(ii)"> <text>Planning the dual enrollment course work of the student; and</text> </paragraph> <paragraph num="(iii)"> <text>Providing and supervising participation in extracurricular activities at the public school, if appropriate.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>For the purpose of calculating State aid under the foundation program, a student may not be included in the enrollment count of a local school system if:</text> <paragraph num="(1)"> <text>The student is not present on or after September 30 or does not receive home and hospital services on or after September 30; and</text> </paragraph> <paragraph num="(2)"> <text>The local school system determines before filing the end of November adjustment report that the student has withdrawn.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The service providing local school system may include a student enrolled as the result of an out-of-county living arrangement under Education Article, §4-122, Annotated Code of Maryland, in its full-time equivalent enrollment for the purpose of calculating State aid under the foundation program if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="D."> <text>If a local school system provides services to a nonlocal resident student under Education Article, §4-121, Annotated Code of Maryland, the service providing local education agency may include the nonlocal resident student in its enrollment count for the purpose of calculating State aid under the foundation program if the student meets all other eligibility requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="State Financial Assistance under the Compensatory Education Grant."> <paragraph num="A."> <text>A student may be counted as eligible for State aid under the compensatory education grant if the student:</text> <paragraph num="(1)"> <text>Is eligible for free and reduced price meals as of October 31 of the prior fiscal year;</text> </paragraph> <paragraph num="(2)"> <text>Is between age 5 and age 21; and</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in:</text> <paragraph num="(a)"> <text>A regular public school day program in grades kindergarten—12; or</text> </paragraph> <paragraph num="(b)"> <text>A home and hospital program operated by a local school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A student with disabilities may be counted as eligible for State aid under the compensatory education grant if the student:</text> <paragraph num="(1)"> <text>Is eligible for free and reduced price meals as of October 31 of the prior fiscal year;</text> </paragraph> <paragraph num="(2)"> <text>Is between age 5 and age 21; and</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in a special education program in the public school.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The service providing local school system may include a child enrolled as the result of an out-of-county living arrangement under Education Article, §4-122, Annotated Code of Maryland, in its free and reduced price meal enrollment count for the purpose of calculating State aid under the compensatory education grant if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="D."> <text>If a local school system provides services to a nonlocal resident student under Education Article, §4-121, Annotated Code of Maryland, the local school system shall include the nonlocal resident student in its enrollment count for the purpose of calculating State aid under the compensatory education grant if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="E."> <text>Each local school system shall submit a report to the Department each year which includes:</text> <paragraph num="(1)"> <text>The number of individuals eligible to participate in the free and reduced price meal program as reported in the official count submitted under guidelines established by the United States Department of Agriculture;</text> </paragraph> <paragraph num="(2)"> <text>The number of individuals eligible to participate in the free and reduced price meal program, but not eligible for State aid under the compensatory education grant; and</text> </paragraph> <paragraph num="(3)"> <text>The list of individuals eligible to participate in the free and reduced price meal program, but not eligible for State aid under the compensatory education grant, by school and unique student identifier.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="State Financial Assistance Under the English Learner Education Grant."> <paragraph num="A."> <text>A student may be counted as eligible for State aid under the English learner education grant if the student:</text> <paragraph num="(1)"> <text>Is between age 3 and age 21;</text> </paragraph> <paragraph num="(2)"> <text>Is enrolled in a public school in a local school system; and</text> </paragraph> <paragraph num="(3)"> <text>Is receiving English language acquisition services, as defined under Title III of the Federal Elementary and Secondary Education Act, through a local school system on October 31 of the prior fiscal year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The service providing local school system may include a child enrolled as the result of an out-of-county living arrangement under Education Article, §4-122, Annotated Code of Maryland, in its enrollment count for the purpose of calculating State aid under the limited English proficiency grant if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="C."> <text>If a local school system provides services to a nonlocal resident student under Education Article, §4-121, Annotated Code of Maryland, the local school system may include the nonlocal resident student in its enrollment count for the purpose of calculating State aid under the limited English proficiency grant if the student meets all other eligibility requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="State Financial Assistance Under the Special Education Grant."> <paragraph num="A."> <text>A student may be counted as eligible for State aid under the special education grant if the student is:</text> <paragraph num="(1)"> <text>Between age 3 and age 21;</text> </paragraph> <paragraph num="(2)"> <text>Enrolled in a public school in a local school system unless the student is enrolled in or attending:</text> <paragraph num="(a)"> <text>The Maryland School for the Blind;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland School for the Deaf; or</text> </paragraph> <paragraph num="(c)"> <text>An educational program operated by the State; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Receiving special education services, as defined in the federal Individuals with Disabilities Education Act, on October 1 of the prior fiscal year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The service providing local school system may include a student enrolled as the result of an out-of-county living arrangement, under Education Article, §4-122, Annotated Code of Maryland, in its enrollment count for the purpose of calculating State aid under the special education grant if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="C."> <text>If a local school system provides services to a nonlocal resident student, under Education Article, §4-121, Annotated Code of Maryland, the local school system may include the nonlocal resident student in its enrollment count for the purpose of calculating State aid under the special education grant if the student meets all other eligibility requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="State Financial Assistance Under the Transportation Services Grant."> <paragraph num="A."> <text>A student may be counted as eligible for State aid under the transportation services grant if:</text> <paragraph num="(1)"> <text>The student is between age 3 and age 21;</text> </paragraph> <paragraph num="(2)"> <text>The student is enrolled in a public school, a school maintained by a State agency, or a nonpublic school;</text> </paragraph> <paragraph num="(3)"> <text>Transportation services are identified as a related service for a free appropriate public education in the student's individualized education program or in the student’s Section 504 plan; and</text> </paragraph> <paragraph num="(4)"> <text>The student is receiving services as of the last Friday in October of the prior fiscal year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The service providing local school system may include a student enrolled as the result of an out-of-county living arrangement under Education Article, §4-122, Annotated Code of Maryland, in its count for the purpose of calculating State aid under the transportation services grant if the student meets all other eligibility requirements.</text> </paragraph> <paragraph num="C."> <text>If a local school system provides services to a nonlocal resident student under Education Article, §4-121, Annotated Code of Maryland, the local school system may include the nonlocal resident student in its enrollment count for the purpose of calculating State aid under the transportation services grant if the student meets all other eligibility requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="General Requirements."> <paragraph num="A."> <text>Each local school system shall submit enrollment count reports and financial reports annually to the Department on forms and by deadlines as prescribed by the State Superintendent of Schools.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall retain student records based on the guidelines and standards for the retention and disposition of student records as set forth in the Records Retention and Disposition Manual for Public Education (Revised 1999) in accordance with COMAR 14.18.02.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">: Education Article, §§2-205, 5-202, 5-205—5-209, 5-212, 5-218, 5-222, 5-224, 5-225, 7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 30, 1967</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective May 10, 1982 (9:9 Md. R. 911)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective August 10, 1979 (6:16 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective September 19, 1980 (7:19 Md. R. 1808) (Recodified from COMAR 13.02.06.10 to 13A.02.06.06)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3130)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F repealed effective August 15, 1994 (21:16 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective August 7, 1989 (16:15 Md. R. 1651)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective October 5, 1998 (25:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed and new Regulations .01—.08 adopted effective July 1, 2003 (30:8 Md. R. 542)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended as an emergency provision effective November 7, 2013 (40:24 Md. R. 2015); emergency status extended to August 13, 2014 (41:5 Md. R. 339); emergency status expired</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective September 29, 2014 (41:19 Md. R. 1080)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective May 17, 2021 (48:10 Md. R. 401); October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective June 30, 2008 (35:13 Md. R. 1181)</annotation> </annotations> </chapter> <chapter num="07" heading="Annual Audits of Financial Statements and Federal Awards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations implement the Education Article, §5-109, Annotated Code of Maryland, which requires each local board of education to provide for an annual audit of its financial statements. The regulations also implement the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 and the Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, which require State, local governments, and nonprofit organizations to provide for an annual audit of federal awards.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Fiscal year” means the period beginning on July 1 of a calendar year and ending on June 30 of the next calendar year.</text> </paragraph> <paragraph num="(3)"> <text>“Local board” means the board of education of a county and includes the Board of School Commissioners of Baltimore City.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>Audit and Accounting Guide for State and Local Governments (2005 Edition—American Institute of Certified Public Accountants).</text> </paragraph> <paragraph num="(2)"> <text>Government Auditing Standards (2003 Revision—Comptroller General of the United States).</text> </paragraph> <paragraph num="(3)"> <text>The Single Audit Act of 1984 (31 U.S.C. §§7501—7507, Public Law 98-502) and the Single Audit Act Amendments of 1996 (31 U.S.C. §§7501—7507, Public Law 104—156).</text> </paragraph> <paragraph num="(4)"> <text>The Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (62 FR 35278 (2003)).</text> </paragraph> <paragraph num="(5)"> <text>Office of Management and Budget Circular A-133 Compliance Supplement (64 FR 26793 (2004)).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Audits of Financial Statements."> <paragraph num="A."> <text>Audit Required. Each local board shall have an audit made of its financial statements for each fiscal year in accordance with this regulation.</text> </paragraph> <paragraph num="B."> <text>Qualifications of Auditor. An independent certified public accountant, or a partnership or corporation of certified public accountants who hold a license or permit issued by the State Board of Public Accountancy shall perform the audit.</text> </paragraph> <paragraph num="C."> <text>Approval by State Superintendent of Schools. The local superintendent of schools shall submit to the State Superintendent of Schools for approval, by May 1 of the fiscal year to be audited, the name of the auditor.</text> </paragraph> <paragraph num="D."> <text>Standards. The auditor shall conduct the audit in accordance with generally accepted auditing standards and the requirements set forth in the following documents:</text> <paragraph num="(1)"> <text>“Audit and Accounting Guide for State and Local Governments”; and</text> </paragraph> <paragraph num="(2)"> <text>“Government Auditing Standards”.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Report on Audit of Financial Statements. The audit reporting package shall include, at a minimum:</text> <paragraph num="(1)"> <text>The auditor's opinion which states whether the local board's financial statements are presented fairly in accordance with generally accepted accounting principles;</text> </paragraph> <paragraph num="(2)"> <text>Management's discussion and analysis of the local board's financial performance during the fiscal year;</text> </paragraph> <paragraph num="(3)"> <text>Basic financial statements prepared in accordance with generally accepted accounting principles and current Government Accounting Standards Board pronouncements that provide at least the following information, if applicable:</text> <paragraph num="(a)"> <text>Statement of net assets;</text> </paragraph> <paragraph num="(b)"> <text>Statement of activities that presents expenses and revenues by individual functions and the corresponding change in net assets;</text> </paragraph> <paragraph num="(c)"> <text>Governmental funds balance sheet;</text> </paragraph> <paragraph num="(d)"> <text>Reconciliation of the governmental funds balance sheet to the statement of net assets;</text> </paragraph> <paragraph num="(e)"> <text>Statement of revenues, expenditures, and changes in fund balances of governmental funds;</text> </paragraph> <paragraph num="(f)"> <text>Reconciliation of the statement of revenues, expenditures, and changes in fund balances of governmental funds to the statement of activities;</text> </paragraph> <paragraph num="(g)"> <text>Statement of net assets of proprietary funds;</text> </paragraph> <paragraph num="(h)"> <text>Statement of revenues, expenses, and changes to fund net assets of proprietary funds;</text> </paragraph> <paragraph num="(i)"> <text>Statement of cash flows of proprietary funds;</text> </paragraph> <paragraph num="(j)"> <text>Statement of fiduciary net assets; and</text> </paragraph> <paragraph num="(k)"> <text>Notes to the financial statements with all required disclosures;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Required supplemental information that includes, if not already included as part of the basic financial statements, budgetary comparison schedules for the General Fund and for each major special revenue fund that has a legally adopted budget;</text> </paragraph> <paragraph num="(5)"> <text>The auditor's report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Governmental Auditing Standards; and</text> </paragraph> <paragraph num="(6)"> <text>The letter of recommendation submitted by the auditor to the management of the local board noting other matters involving the internal control over financial reporting, certain matters relating to compliance, or both.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Submission of Report. The local superintendent of schools shall submit a copy of the audit reporting package required under §E of this regulation to the State Superintendent of Schools and the appropriate local authority by September 30 after the close of the fiscal year.</text> </paragraph> <paragraph num="G."> <text>Reconciliation. If there are any differences between the audited financial statements and the annual school financial report submitted pursuant to COMAR 13A.02.01.02D, the local superintendent of schools shall submit a report reconciling the differences to the State Superintendent of Schools by December 31 after the close of the fiscal year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Audits of Federal Awards."> <paragraph num="A."> <text>Additional Audit Requirements and Standards. In addition to the requirements of Regulation .04 of this chapter, if a local board expends $500,000 or more in a fiscal year in federal awards, the local board shall have an audit made in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 and the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.</text> </paragraph> <paragraph num="B."> <text>Submission of Report. The local superintendent of schools shall submit a copy of the audit reporting package required under §A of this regulation and responses to the findings noted therein to the State Superintendent of Schools and to the federally designated central clearinghouse within 30 days after receipt of the audit report, but not later than December 31 after the end of the fiscal year.</text> </paragraph> <paragraph num="C."> <text>Costs. Additional costs incurred by a local board in meeting the requirements of this regulation may be charged to federal awards as a direct expenditure provided that all standards are met. The percentage of costs charged to federal awards for this purpose may not exceed the percentage that federal funds expended represent of total funds expended by the local board during the fiscal year. The percentage may be exceeded if the costs are the subject of a separate and distinct billing supported with appropriate documentation that demonstrates higher actual costs. The cost of an audit of expenditures of federal awards of less than $500,000 in a fiscal year may not be charged to federal awards.</text> </paragraph> <paragraph num="D."> <text>Auditor Selection. If federal funds are used to pay for any of the costs of an audit, the local board shall follow the procurement standards prescribed by 34 CFR Part 74, Subpart P, “Procurement Standards”, and shall give small audit firms and audit firms owned and controlled by socially and economically disadvantaged individuals the maximum practicable opportunity to participate in contracts awarded.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Audit Resolution."> <paragraph num="A."> <text>Department Responsibilities. The Department shall review all audits of the local boards made pursuant to Regulations .04 and .05 this chapter, monitor the implementation of corrective action, and determine the amount of questioned costs to be disallowed.</text> </paragraph> <paragraph num="B."> <text>Written Notice of Disallowed Costs. The Department shall give the local superintendent of schools written notice whenever it determines that any questioned costs are to be disallowed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fraudulent Acts."> <paragraph num="A."> <text>If the auditor becomes aware of any fraudulent acts, the auditor shall promptly notify the local superintendent of schools and prepare a separate written report.</text> </paragraph> <paragraph num="B."> <text>The local superintendent of schools shall promptly notify the Department of the fraudulent acts and any actions taken or proposed.</text> </paragraph> <paragraph num="C."> <text>Fraudulent acts include:</text> <paragraph num="(1)"> <text>Fraudulent financial reporting;</text> </paragraph> <paragraph num="(2)"> <text>Misappropriations of funds or other assets; and</text> </paragraph> <paragraph num="(3)"> <text>Conflicts of interest.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Inspection and Retention of Records."> <paragraph num="A."> <text>Audit reports shall be made available by the local superintendent of schools for public inspection within 30 days after receipt of the audit report.</text> </paragraph> <paragraph num="B."> <text>Audit reports and working papers shall be retained for 5 years unless the Department or appropriate federal agency notifies the local superintendent of schools in writing to retain the records for a longer period.</text> </paragraph> <paragraph num="C."> <text>Audit working papers shall be made available upon request to the Department or an appropriate federal agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Extensions of Time."> <paragraph num="A."> <text>The State Superintendent of Schools may extend the time periods in Regulations .04C and G and .05B of this chapter upon written request by the local superintendent of schools.</text> </paragraph> <paragraph num="B."> <text>A written request for extension of a time period shall be made at least 15 days before an act is required or report is due and shall state the reasons for requesting the extension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Relation to Other Audit Requirements."> <text>These regulations do not limit the authority of local, State, or federal agencies to conduct additional audits necessary to carry out their responsibilities under any other law or regulation.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 5-109, and 5-206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 28, 1970</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 7, 1983 (10:11 Md. R. 976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E and F amended effective July 30, 1984 (11:15 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01, Annual Audit of Financial Accounts, repealed effective April 4, 1988 (15:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09, Annual Audits of Financial Statements and Federal Assistance Programs, adopted effective April 4, 1988 (15:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective October 16, 1989 (16:20 Md. R. 2181); August 3, 1992 (19:15 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E—G amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective August 3, 1992 (19:15 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 16, 1989 (16:20 Md. R. 2181); August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F, G amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 25, 2006 (33:19 Md. R. 1561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective September 25, 2006 (33:19 Md. R. 1561); July 2, 2007 (34:13 Md. R. 1152)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 25, 2006 (33:19 Md. R. 1561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 25, 2006 (33:19 Md. R. 1561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 25, 2006 (33:19 Md. R. 1561)</annotation> </annotations> </chapter> <chapter num="08" heading="Recognition of Employee Organizations" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 26, 1969</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 25, 1975 (2:14 Md. R. 1016)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01A and .02, Forms 1 and 8 amended effective January 22, 1990 (17:1 Md. R. 71)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02, Forms 1—10 amended effective March 29, 1993 (20:6 Md. R. 582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02, Form 5 amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02, Form 7 amended effective December 4, 1995 (22:24 Md. R. 1901)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective February 13, 2017 (44:3 Md. R. 189)</annotation> </annotations> </chapter> <chapter num="09" heading="Closing of Schools"> <regulation prefix="Regulation" num=".01" heading="Adoption of Procedures to Govern School Closings."> <paragraph num="A."> <text>Each local board of education shall establish procedures to be used in making decisions on school closings.</text> </paragraph> <paragraph num="B."> <text>The procedures shall ensure, at a minimum, that consideration is given to the impact of the proposed closing on the following factors:</text> <paragraph num="(1)"> <text>Student enrollment trends;</text> </paragraph> <paragraph num="(2)"> <text>Age or condition of school buildings;</text> </paragraph> <paragraph num="(3)"> <text>Transportation;</text> </paragraph> <paragraph num="(4)"> <text>Educational programs;</text> </paragraph> <paragraph num="(5)"> <text>Racial composition of student body;</text> </paragraph> <paragraph num="(6)"> <text>Financial considerations;</text> </paragraph> <paragraph num="(7)"> <text>Student relocation;</text> </paragraph> <paragraph num="(8)"> <text>Impact on community in geographic attendance area for school proposed to be closed and school, or schools, to which students will be relocating.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The procedures shall provide, at a minimum, for the following requirements:</text> <paragraph num="(1)"> <text>A public hearing to permit concerned citizens an opportunity to submit their views orally or to submit written testimony or data on a proposed school closing. This includes the following:</text> <paragraph num="(a)"> <text>The public hearing shall take place before any final decision by a local board of education to close a school;</text> </paragraph> <paragraph num="(b)"> <text>Time limits on the submission of oral or written testimony and data shall be clearly defined in the notification of the public meeting.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Adequate notice to parents and guardians of students in attendance at all schools that are being considered for closure by the local board of education. The following apply:</text> <paragraph num="(a)"> <text>In addition to any regular means of notification used by a local school system, written notification of all schools that are under consideration for closing shall be advertised in at least two newspapers having general circulation in the geographic attendance area for the school or schools proposed to be closed, and the school or schools to which students will be relocating;</text> </paragraph> <paragraph num="(b)"> <text>The newspaper notification shall include the procedures that will be followed by the local board of education in making its final decision;</text> </paragraph> <paragraph num="(c)"> <text>The newspaper notification shall appear at least 2 weeks in advance of any public hearings held by the local school system on a proposed school closing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The final decision of a local board of education to close a school shall be announced at a public session and shall be in writing. The following apply:</text> <paragraph num="(1)"> <text>The final decision shall include the rationale for the school closing and address the impact of the proposed closing on the factors set forth in Regulation .01B;</text> </paragraph> <paragraph num="(2)"> <text>There shall be notification of the final decision of the local board of education to the community in the geographic attendance area of the school proposed to be closed and school or schools to which students will be relocating;</text> </paragraph> <paragraph num="(3)"> <text>The final decision shall include notification of the right to appeal to the State Board of Education as set forth in Regulation .03.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Date of Decision."> <text>Except in emergency circumstances, the decision to close a school shall be announced at least 90 days before the date the school is scheduled to be closed but not later than April 30 of any school year. An emergency circumstance is one where the decision to close a school because of unforeseen circumstances cannot be announced at least 90 days before the date a school is scheduled to close or before April 30 of any school year.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Appeal to State Board of Education."> <paragraph num="A."> <text>An appeal to the State Board of Education may be submitted in writing within 30 days after the decision of a local board of education.</text> </paragraph> <paragraph num="B."> <text>The State Board of Education will uphold the decision of the local board of education to close and consolidate a school unless the facts presented indicate its decision was arbitrary and unreasonable or illegal.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 4-101, 4-119, and 4-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 2, 1982 (9:15 Md. R. 1516)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .03 amended effective August 26, 1985 (12:17 Md. R. 1707); January 15, 1989 (15:27 Md. R. 3131)</annotation> </annotations> </chapter> <chapter num="10" heading="Maryland Public Charter School Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The general purpose of the Maryland Public Charter School Program is to establish an alternative means within the existing public school system in order to provide innovative learning opportunities and creative educational approaches to improve the education of students.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Buy back” means a good or service that a public charter school elects to purchase from the local school system.</text> </paragraph> <paragraph num="(2)"> <text>“In-kind service” means a service offered by the local school system to a public charter school and accepted by the public charter school without charge.</text> </paragraph> <paragraph num="(3)"> <text>“Public charter school” means a public school that:</text> <paragraph num="(a)"> <text>Is nonsectarian in all its programs, policies, and operations;</text> </paragraph> <paragraph num="(b)"> <text>Is a school to which parents choose to send their children;</text> </paragraph> <paragraph num="(c)"> <text>Except as provided in Education Article, §§ 9-102. 1, 9-102. 2, and 9-102.3, Annotated Code of Maryland, is open to all students on a space-available basis and admits students on a lottery basis if more students apply than can be accommodated;</text> </paragraph> <paragraph num="(d)"> <text>Is a new public school or a conversion of an existing public school;</text> </paragraph> <paragraph num="(e)"> <text>Provides a program of elementary or secondary education or both;</text> </paragraph> <paragraph num="(f)"> <text>Operates in pursuit of a specific set of educational objectives;</text> </paragraph> <paragraph num="(g)"> <text>Is tuition-free;</text> </paragraph> <paragraph num="(h)"> <text>Is subject to federal and State laws prohibiting discrimination;</text> </paragraph> <paragraph num="(i)"> <text>Is in compliance with all applicable health and safety laws;</text> </paragraph> <paragraph num="(j)"> <text>Is in compliance with Education Article, §9-107, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(k)"> <text>Operates under the supervision of the public chartering authority from which its charter is granted and in accordance with its charter and, except as provided in Education Article, §§ 9-104. 1 and 9-106, Annotated Code of Maryland, the provisions of law and regulation governing other public schools;</text> </paragraph> <paragraph num="(l)"> <text>Requires students to be physically present on school premises for a period of time substantially similar to that which other public school students spend on school premises; and</text> </paragraph> <paragraph num="(m)"> <text>Is created in accordance with Education Article, Title 9, Annotated Code of Maryland, this chapter, and the appropriate local board policy.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Special education adjustment” means an amount that:</text> <paragraph num="(a)"> <text>Equals the difference between:</text> <paragraph num="(i)"> <text>A local school system’s actual expenditures on special education services and special education transportation during the prior fiscal year; and</text> </paragraph> <paragraph num="(ii)"> <text>The local, State, and federal revenue dedicated to those costs that the local school system received the prior fiscal year; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Is allocated to meet the needs of students with disabilities in the local school system, including students with disabilities enrolled in public charter schools.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Waivers for Public Charter Schools on Federal Military Bases."> <paragraph num="A."> <text>The State Board may grant a waiver from Education Article, §9-102(3), Annotated Code of Maryland, to a public charter school if the public charter school:</text> <paragraph num="(1)"> <text>Is located on property within a federal military base in the State; and</text> </paragraph> <paragraph num="(2)"> <text>Will admit students with parents who are not assigned to the base to at least 35 percent of its total available space as part of the initial cohort of students in a grade.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a public charter school is granted a waiver under §A of this regulation, subject to the requirement set forth in §A(2) of this regulation, the public charter school shall:</text> <paragraph num="(1)"> <text>Admit all students on a lottery basis in accordance with Education Article, §9-102.2, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Take reasonable steps to maintain the 35 percent to 65 percent ratio intended as part of the initial cohort of students in a grade.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Admission of Students on a Lottery Basis."> <paragraph num="A."> <text>A public charter school may give greater weight to a student’s lottery status as part of a lottery held under Education Article, §9-102(3), Annotated Code of Maryland, and in accordance with an application submitted under Education Article, §9-104, Annotated Code of Maryland, if the student is:</text> <paragraph num="(1)"> <text>Eligible for free or reduced price meals;</text> </paragraph> <paragraph num="(2)"> <text>A student with disabilities;</text> </paragraph> <paragraph num="(3)"> <text>A student with limited English proficiency;</text> </paragraph> <paragraph num="(4)"> <text>Homeless, as defined by the federal McKinney-Vento Homeless Assistance Act; or</text> </paragraph> <paragraph num="(5)"> <text>A sibling of a student currently enrolled in the public charter school for which the sibling is applying.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notwithstanding Education Article, §9-102(3), Annotated Code of Maryland, a public charter school may give priority to the sibling of a student admitted through the lottery process or a currently enrolled student for any spaces in the school that become available throughout the school year.</text> </paragraph> <paragraph num="C."> <text>Geographic Attendance Area.</text> <paragraph num="(1)"> <text>Subject to the approval of the public chartering authority, a public charter school may propose a geographic attendance area with a median income that is equal to or less than the median income of the county for the public charter school.</text> </paragraph> <paragraph num="(2)"> <text>Subject to §C(4) of this regulation, a public charter school may provide guaranteed placement through a lottery to students who live within the geographic attendance area for up to 35 percent, as proposed by the public charter school and approved by the public chartering authority, of the available space of the public charter school.</text> </paragraph> <paragraph num="(3)"> <text>Subject to §§C(2) and (4) of this regulation, the public charter school shall:</text> <paragraph num="(a)"> <text>Admit students on a lottery basis to its remaining available space; and</text> </paragraph> <paragraph num="(b)"> <text>Take reasonable steps to maintain the ratio intended under §C(2) of this regulation as part of the initial cohort of students accepted through the lottery process.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If a public charter school does not fill 100 percent of its available space under §§C(2) and (3) of this regulation, the public charter school may admit more than the percentage of students established under §C(2) of this regulation from the geographic attendance area established under this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Guaranteed Placement Through Lottery.</text> <paragraph num="(1)"> <text>Subject to the approval of the public chartering authority, §D(2) of this regulation, and Education Article, §9-104, Annotated Code of Maryland, a public charter school may provide guaranteed placement through a lottery to up to 35 percent, as proposed by the public charter school and approved by the public chartering authority, of the available space of the public charter school to students who attended a public charter school during the previous school year that is operated by the same operator.</text> </paragraph> <paragraph num="(2)"> <text>A public charter school shall qualify under §D(1) of this regulation if:</text> <paragraph num="(a)"> <text>The operator operates two or more public charter schools in the county; and</text> </paragraph> <paragraph num="(b)"> <text>When combined, the public charter schools operated by the operator form an integrated multiyear academic program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Subject to §D(1) of this regulation, the public charter school shall:</text> <paragraph num="(a)"> <text>Admit students on a lottery basis to its remaining available space; and</text> </paragraph> <paragraph num="(b)"> <text>Take reasonable steps to maintain the ratio intended under §D(1) of this regulation as part of the initial cohort of students accepted through the lottery process.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If a public charter school does not fill 100 percent of its available space under §§D(1) and (3) of this regulation, the public charter school may admit more than the percentage of students established under §D(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Each local school system shall collaborate with the public charter schools in its jurisdiction to develop, or have the public charter schools develop, a process through which the parent or guardian of a student may apply for admission to every public charter school in the jurisdiction using a single application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver for Converted Public Charter Schools."> <paragraph num="A."> <text>A local board may grant a waiver from Education Article, §9-102(3), Annotated Code of Maryland, to:</text> <paragraph num="(1)"> <text>A converted public charter school that:</text> <paragraph num="(a)"> <text>Subject to §B of this regulation, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the local board;</text> </paragraph> <paragraph num="(b)"> <text>Is a low-performing school as identified by the local board;</text> </paragraph> <paragraph num="(c)"> <text>Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and</text> </paragraph> <paragraph num="(d)"> <text>Meets a strategic need of the local school system, as identified in the local board’s public charter school policy developed under Education Article, §9-110, Annotated Code of Maryland, that shall include at least one of the following elements:</text> <paragraph num="(i)"> <text>Serving a high-need population;</text> </paragraph> <paragraph num="(ii)"> <text>Increasing student performance;</text> </paragraph> <paragraph num="(iii)"> <text>Increasing enrollment; or</text> </paragraph> <paragraph num="(iv)"> <text>Increasing student diversity; or</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A converted public charter school that is seeking renewal of an existing charter contract that was granted under §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a public charter school does not fill 100 percent of its available space under §A(1) of this regulation, the public charter school shall admit students on a lottery basis to its remaining available space.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Chartering Authority."> <text>The public chartering authority for the granting of a charter shall be a local board of education.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Applications to Establish Public Charter Schools."> <paragraph num="A."> <text>Submission of Applications by Eligible Schools and Entities.</text> <paragraph num="(1)"> <text>An application to establish a public charter school shall be submitted to the local board of the county in which the public charter school will be located.</text> </paragraph> <paragraph num="(2)"> <text>An application to establish a public charter school may be submitted to a local board by:</text> <paragraph num="(a)"> <text>The staff of a public school;</text> </paragraph> <paragraph num="(b)"> <text>A parent or guardian of a student who attends a public school in the county;</text> </paragraph> <paragraph num="(c)"> <text>A nonsectarian nonprofit entity;</text> </paragraph> <paragraph num="(d)"> <text>A nonsectarian institution of higher education in the State; or</text> </paragraph> <paragraph num="(e)"> <text>Any combination of persons specified in §A(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An application shall include:</text> <paragraph num="(a)"> <text>A plan to provide a rigorous program of instruction that includes an equivalent method for satisfying any requirements from which the public charter school operator intends to seek a waiver under Education Article, §9-106, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>A description of how a weighted lottery or the provision of guaranteed placement will be implemented under Education Article, §§ 9-102. 2 and 9-102.3, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A public chartering authority may not grant a charter under this chapter to:</text> <paragraph num="(a)"> <text>A private school;</text> </paragraph> <paragraph num="(b)"> <text>A parochial school;</text> </paragraph> <paragraph num="(c)"> <text>A home school; or</text> </paragraph> <paragraph num="(d)"> <text>A school that operates fully online.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Timeline for Decision.</text> <paragraph num="(a)"> <text>Except as provided in §A(5)(b) of this regulation, the local board shall review the application and render a decision within 120 days of receipt of the application and in accordance with the application procedures adopted by the local board.</text> </paragraph> <paragraph num="(b)"> <text>For a restructured school:</text> <paragraph num="(i)"> <text>The local board shall review the application and render a decision within 30 days of receipt of the application;</text> </paragraph> <paragraph num="(ii)"> <text>The local board may apply to the State Board for an extension of up to 15 days;</text> </paragraph> <paragraph num="(iii)"> <text>If an extension is not granted, and 30 days have elapsed, the decision may be appealed to the State Board in accordance with Education Article, §4-205(c), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(iv)"> <text>If an extension has been granted, and 45 days have elapsed, the decision may be appealed to the State Board in accordance with Education Article, §4-205(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Contingent Approval.</text> <paragraph num="(a)"> <text>A public chartering authority may approve an application to operate a public charter school on a contingent basis subject to the conditions of §A(6)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The contingent approval granted under §A(6)(a) of this regulation may be contingent on:</text> <paragraph num="(i)"> <text>A public charter school’s ability to meet any timelines established by the public chartering authority for the securing of a facility; and</text> </paragraph> <paragraph num="(ii)"> <text>Final approval by the public chartering authority regarding the suitability of the facility secured by the public charter school.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Separate Consideration of Weighted Lottery Process.</text> <paragraph num="(1)"> <text>If an application to establish a public charter school includes a description of the implementation of a weighted lottery that gives priority to students in a specific geographic attendance area in accordance with Education Article, §9-102.2 or 9-102.3, Annotated Code of Maryland, the public chartering authority may approve or reject this provision separately from the application as a whole.</text> </paragraph> <paragraph num="(2)"> <text>A decision of a public chartering authority under §B(1) of this regulation may not be appealed to the State Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Inclusion of Staffing Model.</text> <paragraph num="(1)"> <text>An application to establish a public charter school may include a staffing model, including provisions for staff recruitment, training, evaluation, and professional development.</text> </paragraph> <paragraph num="(2)"> <text>A public charter school may submit a staffing model with a renewal application or with an amendment to an existing charter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Denial of Application and Appeals.</text> <paragraph num="(1)"> <text>If the local board denies an application to establish a public charter school, the applicant may appeal the decision to the State Board, in accordance with Education Article, §4-205(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The State Board shall render a decision within 120 days of the filing of an appeal.</text> </paragraph> <paragraph num="(3)"> <text>If the local board denies an application to establish a public charter school and the State Board reverses the decision, the State Board shall remand the matter to the local board and may direct the local board to grant a charter and may, if necessary, mediate with the local board and the applicant to implement the charter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Renewal of Certain Public Charter School Contracts."> <paragraph num="A."> <text>In this regulation, “eligible public charter school” means a public charter school that has been in existence for at least 5 years and demonstrates to the public chartering authority a history of:</text> <paragraph num="(1)"> <text>Sound fiscal management; and</text> </paragraph> <paragraph num="(2)"> <text>Student achievement that exceeds the average in the local school system in which the public charter school is located on:</text> <paragraph num="(a)"> <text>Statewide assessments; and</text> </paragraph> <paragraph num="(b)"> <text>Other measures developed by the State Board.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Submission of Application to Public Chartering Authority:</text> <paragraph num="(1)"> <text>An eligible public charter school may submit to a public chartering authority:</text> <paragraph num="(a)"> <text>An application for renewal of an existing charter contract that incorporates the provisions of §D of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Subject to §B(2) of this regulation, an application for an addendum to an existing charter contract that incorporates the provisions of §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An eligible public charter school may not submit an application under §B(1)(b) of this regulation more than one time during the duration of an existing charter contract.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the public chartering authority determines that a public charter school is not an eligible public charter school, the public charter school may appeal the decision to the State Board in accordance with Education Article, §4-205(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>If an eligible public charter school and a public chartering authority mutually agree to an alternative means by which the eligible public charter school will satisfy the intent of the policies of the public chartering authority, an eligible public charter school is exempt from:</text> <paragraph num="(1)"> <text>Textbook, instructional program, curriculum, professional development, and scheduling requirements;</text> </paragraph> <paragraph num="(2)"> <text>A requirement to establish a school community council;</text> </paragraph> <paragraph num="(3)"> <text>Except for Title I schools, a requirement to establish a school improvement plan;</text> </paragraph> <paragraph num="(4)"> <text>Except for schools with a school activity fund, a requirement to provide school activity fund disclosure statements; and</text> </paragraph> <paragraph num="(5)"> <text>Except for prekindergarten classes, class size or staffing ratios.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A public chartering authority and an eligible public charter school may jointly develop and mutually agree to a communication process and supervision methodology that flows among the local board, the operator, and the administration of the eligible public charter school.</text> </paragraph> <paragraph num="F."> <text>Assignment of Staff.</text> <paragraph num="(1)"> <text>An eligible public charter school may not be assigned a principal without the written consent of the operator of the eligible public charter school.</text> </paragraph> <paragraph num="(2)"> <text>Staff Assignment and Transfer.</text> <paragraph num="(a)"> <text>Staff members shall be assigned or transferred to an eligible public charter school if the staff member expresses in writing that the staff member wants to work in that eligible public charter school and the eligible public charter school requests in writing that the staff member be assigned or transferred to the eligible public charter school, provided there is an existing vacancy.</text> </paragraph> <paragraph num="(b)"> <text>A transfer authorized under §F(2)(a) of this regulation shall take place as designated by the agreement of the local bargaining unit in the local school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Nothing in this regulation may be construed to take precedence over an agreement of a local bargaining unit in a local school system.</text> </paragraph> <paragraph num="H."> <text>Except as otherwise provided in this regulation, an eligible public charter school is subject to the provisions of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Certification of Professional Staff Required."> <text>A member of the professional staff of a public charter school shall be subject to the same certification provisions established in regulations for the professional staff of other public schools.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Compliance with Laws and Regulations Governing Other Public Schools Required."> <paragraph num="A."> <text>Subject to §B of this regulation, a public charter school shall comply with the provisions of law and regulation governing other public schools.</text> </paragraph> <paragraph num="B."> <text>Waiver of Requirements. Subject to §D of this regulation, a public charter school may seek a waiver of the requirements under §A of this regulation from:</text> <paragraph num="(1)"> <text>A local board for policies that are the policies of the local board; and</text> </paragraph> <paragraph num="(2)"> <text>The State Board for policies that are the policies of the State Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a waiver is denied under this regulation, the local board or the State Board, as appropriate, shall provide the reason for the denial in writing to the public charter school.</text> </paragraph> <paragraph num="D."> <text>A waiver may not be granted from provisions of law or regulation relating to:</text> <paragraph num="(1)"> <text>Audit requirements;</text> </paragraph> <paragraph num="(2)"> <text>The measurement of student academic achievement, including all assessments required for other public schools and other assessments mutually agreed upon by the public chartering authority and the public charter school; or</text> </paragraph> <paragraph num="(3)"> <text>The health, safety, or civil rights of a student or an employee of the public charter school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Students with Disabilities and Special Education Compliance Required."> <paragraph num="A."> <text>A public chartering authority may not grant a charter to a public charter school whose operation would be inconsistent with any public policy initiative, court order, or federal improvement plan governing special education that is applicable to the State.</text> </paragraph> <paragraph num="B."> <text>A public chartering authority shall ensure that the authorizing process for a public charter school and the charter application address the roles and responsibilities of the local board and the applicants and operators of the public charter school with respect to children with disabilities.</text> </paragraph> <paragraph num="C."> <text>The public chartering authority shall ensure that, prior to opening a public charter school, the operators of the school are informed of the human, fiscal, and organizational capacity needed to fulfill the school’s responsibilities related to children with disabilities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Public Charter School Employees."> <paragraph num="A."> <text>Employees of a public charter schools:</text> <paragraph num="(1)"> <text>Are public school employees, as defined in Education Article, §§ 6-401(e) and 6-501(g), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Are employees of a public school employer, as defined in Education Article, §§ 6-401(f) and 6-501(h), Annotated Code of Maryland, in the county in which the public charter school is located; and</text> </paragraph> <paragraph num="(3)"> <text>Shall have the rights granted under Education Article, Title 6, Subtitles 4 and 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a collective bargaining agreement under Education Article, Title 6, Subtitles 4 or 5, Annotated Code of Maryland, is already in existence in the county where a public charter school is located, the employee organization, public school employer, and the public charter school may mutually agree to negotiate amendments to the existing agreement to address the needs of the particular public charter school, including amendments to work days, work hours, school year, procedures for transfers that are consistent with the instructional mission of the school, and extra duty assignments.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Commensurate Funding."> <paragraph num="A."> <text>Formula.</text> <paragraph num="(1)"> <text>A local board of education shall calculate commensurate funding for the public charter schools in its jurisdiction using a formula that complies with Education Article, §9-109, Annotated Code of Maryland, and this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The local board shall identify a preliminary total per pupil allocation for each public charter school by completing all of the following steps in order:</text> <paragraph num="(a)"> <text>Identify all local, State, and federal revenue sources, consistent with §A(3) of this regulation, contained in the local school system’s operating budget;</text> </paragraph> <paragraph num="(b)"> <text>Identify the enrollment counts, consistent with §A(4) of this regulation, for the local school system and each public charter school;</text> </paragraph> <paragraph num="(c)"> <text>Divide each local, State, and federal revenue source that is not eligibility based by total enrollment;</text> </paragraph> <paragraph num="(d)"> <text>Multiply the results from §A(2)(c) of this regulation by the last enrollment count for each public charter school to determine the base per pupil allocation;</text> </paragraph> <paragraph num="(e)"> <text>Divide each local, State, and federal revenue source that is eligibility based, with the exception of special education revenue and special education transportation revenue, by eligible enrollment;</text> </paragraph> <paragraph num="(f)"> <text>Multiply the results from §A(2)(e) of this regulation by the last enrollment count of eligible students for each public charter school to determine the eligibility per pupil allocation;</text> </paragraph> <paragraph num="(g)"> <text>Add the results from §A(2)(d) and (f) of this regulation;</text> </paragraph> <paragraph num="(h)"> <text>Determine the shared cost deduction rate by dividing the sum of the shared cost deductions in §B of this regulation by all local, State, and federal revenue sources identified in §A(2)(a) of this regulation;</text> </paragraph> <paragraph num="(i)"> <text>Multiply the result from §A(2)(g) of this regulation by the difference between 1.0 and the result in §A(2)(h) of this regulation;</text> </paragraph> <paragraph num="(j)"> <text>Identify the special education allocation, consistent with §A(5) of this regulation, necessary to implement the individualized education programs of all students with disabilities enrolled at each public charter school;</text> </paragraph> <paragraph num="(k)"> <text>Add the results from §§A(2)(i) and (j) of this regulation; and</text> </paragraph> <paragraph num="(l)"> <text>Multiply the result from §A(2)(k) of this regulation by the difference between 1.0 and the administrative fee in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Revenue Sources.</text> <paragraph num="(a)"> <text>The preliminary total per pupil allocation shall be calculated using 100 percent of each revenue source.</text> </paragraph> <paragraph num="(b)"> <text>Any restrictions applicable to a revenue source shall continue to apply notwithstanding this regulation.</text> </paragraph> <paragraph num="(c)"> <text>The concentration of poverty grant program established under Education Article, §5-223, Annotated Code of Maryland, is not a revenue source for purposes of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Enrollment Counts.</text> <paragraph num="(a)"> <text>The preliminary total per pupil allocation shall be determined using the following data points, as applicable, for the local school system and each public charter school during the prior school year:</text> <paragraph num="(i)"> <text>The enrollment data collected on September 30 or an alternate date set by the Department; or</text> </paragraph> <paragraph num="(ii)"> <text>For a public charter school that is new or expanding, or with the consent of the public charter school, the enrollment data projected by the local school system.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The final total per pupil allocation shall be adjusted, upward or downward, only one time based on the actual enrollment count for each public charter school during the school year.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Special Education Allocation.</text> <paragraph num="(a)"> <text>The special education allocation identified in §A(2) of this regulation shall be determined by the local school system based on:</text> <paragraph num="(i)"> <text>The special education revenue and special education transportation revenue for which each student enrolled in each public charter school is eligible;</text> </paragraph> <paragraph num="(ii)"> <text>Any additional revenue that is necessary to provide the services documented in the individualized education program of each student enrolled in the public charter school; and</text> </paragraph> <paragraph num="(iii)"> <text>Equivalent costs for services delivered in other schools within the local school system.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If a public charter school elects to delegate the management of special education to the local school system, the special education allocation amount shall be:</text> <paragraph num="(i)"> <text>Excluded from the public charter school’s preliminary total per pupil allocation; and</text> </paragraph> <paragraph num="(ii)"> <text>Expended by the local school system to serve the students with disabilities enrolled at the public charter school in accordance with their individualized education programs.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If a public charter school elects to manage special education directly, the special education allocation amount shall be:</text> <paragraph num="(i)"> <text>Included in the public charter school’s preliminary total per pupil allocation; and</text> </paragraph> <paragraph num="(ii)"> <text>Expended by the public charter school, including the option for buy backs, to serve the students with disabilities enrolled at the public charter school in accordance with their individualized education programs.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If a public charter school fails to timely complete corrective action required for special education noncompliance, the local school system may centralize management of special education with the approval of the Department.</text> </paragraph> <paragraph num="(e)"> <text>If a public charter school student’s individualized education program can only be implemented in a non-public placement, the student is no longer considered part of the special education allocation at the public charter school.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The local board shall identify a final total per pupil allocation for each public charter school after:</text> <paragraph num="(a)"> <text>Negotiating with the public charter schools in good faith regarding in-kind services, buy backs, and the management of special education; and</text> </paragraph> <paragraph num="(b)"> <text>Subtracting the cost of the negotiated items from the preliminary total per pupil allocation.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The local board shall provide each public charter school with a table showing:</text> <paragraph num="(a)"> <text>The calculation of its preliminary total per pupil allocation, including:</text> <paragraph num="(i)"> <text>The base per pupil allocation;</text> </paragraph> <paragraph num="(ii)"> <text>The eligibility per pupil allocation;</text> </paragraph> <paragraph num="(iii)"> <text>The special education allocation;</text> </paragraph> <paragraph num="(iv)"> <text>The amount of the shared cost deductions; and</text> </paragraph> <paragraph num="(v)"> <text>The amount the administrative fee;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The calculation of its final total per pupil allocation; and</text> </paragraph> <paragraph num="(c)"> <text>To the extent practicable, the per pupil allocation of a comparable public school that is not a public charter school.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Each public charter school shall provide the information necessary for the local school system to comply with reporting requirements in Education Article, §§ 5-406 and 5-234, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>Compliance Monitoring.</text> <paragraph num="(a)"> <text>A local board with public charter schools in its jurisdiction shall include a review of compliance with this regulation in the annual audit required by Education Article, §5-109, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The Department may periodically review the tables provided by the local board to the public charter schools under §A(7) of this regulation to provide technical assistance and monitor compliance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Shared Cost Deductions.</text> <paragraph num="(1)"> <text>A local board may apply shared cost deductions when calculating commensurate funding under §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Each of the following shared cost deductions may be applied by a local board:</text> <paragraph num="(a)"> <text>Retiree benefits;</text> </paragraph> <paragraph num="(b)"> <text>Adult education;</text> </paragraph> <paragraph num="(c)"> <text>Special education adjustment, not to exceed 10 percent of all local, State, and federal revenue sources identified in §A(2)(a) of this regulation; and</text> </paragraph> <paragraph num="(d)"> <text>If a public charter school occupies one of the local board’s buildings, debt service.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Administrative Fee.</text> <paragraph num="(1)"> <text>A local board may charge an administrative fee to each public charter school in its jurisdiction.</text> </paragraph> <paragraph num="(2)"> <text>The administrative fee shall account for the costs related to:</text> <paragraph num="(a)"> <text>Implementation of Education Article, §9-110(a), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Local superintendent and local board administration;</text> </paragraph> <paragraph num="(c)"> <text>Special education and student services administration; and</text> </paragraph> <paragraph num="(d)"> <text>Human resources administration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The administrative fee applied by a local board shall:</text> <paragraph num="(a)"> <text>Not exceed 5 percent of each public charter school’s preliminary total per pupil allocation; and</text> </paragraph> <paragraph num="(b)"> <text>Be adequately documented, including the specific services rendered, in the table provided to each public charter school under §A(7) of this regulation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Public Charter School Policies."> <paragraph num="A."> <text>Submission of Public Charter School Policy to the State Board.</text> <paragraph num="(1)"> <text>Each local board shall develop a public charter school policy and provide it to the State Board.</text> </paragraph> <paragraph num="(2)"> <text>The policy required under §A(1) of this regulation shall include guidelines and procedures regarding:</text> <paragraph num="(a)"> <text>Evaluation of public charter schools;</text> </paragraph> <paragraph num="(b)"> <text>Revocation of a charter;</text> </paragraph> <paragraph num="(c)"> <text>Reporting requirements;</text> </paragraph> <paragraph num="(d)"> <text>Financial, programmatic, or compliance audits of public charter schools; and</text> </paragraph> <paragraph num="(e)"> <text>Calculation of commensurate funding, including the formula established under Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The policy required under §A(1) of this regulation, including any updates or amendments made to the policy, shall be provided to the Department and made available on request and posted on the website of the local board.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="School Sites or Buildings Available for Public Charter School Use."> <paragraph num="A."> <text>Notice of Availability of School Sites or Buildings.</text> <paragraph num="(1)"> <text>If, with the approval of the State Superintendent, a local board determines that a school site or building no longer is needed for school purposes and after the county commissioners or county council have provided the required notice under Education Article, §4-115, Annotated Code of Maryland, the local board shall inform the public charter schools in the county that the school site or building is available for occupation and use by a public charter school on the terms determined by the local board.</text> </paragraph> <paragraph num="(2)"> <text>Each local board:</text> <paragraph num="(a)"> <text>Shall establish a procedure to determine which public charter school may occupy and use an available school site or building if more than one public charter school notifies the local board of an interest in occupying and using a school site or building; and</text> </paragraph> <paragraph num="(b)"> <text>May consider the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A public charter school that occupies or uses a school site or building under §A of this regulation may not sell, dispose of, or otherwise transfer the school site or building.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Property Tax Exemption."> <text>Any portion of a building or property occupied and used by a public charter school shall be exempt from property taxes under Tax—Property Article, §7-202, Annotated Code of Maryland, for the duration of the occupation and use of the building or property as a public charter school.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§ 2-205 and 9-101— 9-112, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 25, 2026 (53:10 Md. R. 455)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="General Instructional Programs"> <chapter num="01" heading="Standards for Kindergarten Programs"> <regulation prefix="Regulation" num=".01" heading="Standards for Kindergarten Programs Operated by Public Institutions of Post-Secondary Education."> <paragraph num="A."> <text>A kindergarten program operated by a public institution of post-secondary education shall meet the requirements of this regulation.</text> </paragraph> <paragraph num="B."> <text>The educational program shall comply with the instructional program requirements applicable to public school kindergarten programs found in:</text> <paragraph num="(1)"> <text>COMAR 13A.04.06 — Program of Instruction in Personal Financial Literacy;</text> </paragraph> <paragraph num="(2)"> <text>COMAR 13A.04.08 — Program in Social Studies;</text> </paragraph> <paragraph num="(3)"> <text>COMAR 13A.04.09 — Program in Science;</text> </paragraph> <paragraph num="(4)"> <text>COMAR 13A.04.12 — Program in Mathematics;</text> </paragraph> <paragraph num="(5)"> <text>COMAR 13A.04.13 — Program in Physical Education;</text> </paragraph> <paragraph num="(6)"> <text>COMAR 13A.04.14 — Program in English Language Arts;</text> </paragraph> <paragraph num="(7)"> <text>COMAR 13A.04.16 — Programs in Fine Arts; and</text> </paragraph> <paragraph num="(8)"> <text>COMAR 13A.04.18 — Program in Comprehensive Health Education.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each teacher in the kindergarten program shall hold a Maryland teaching certificate in early childhood education.</text> </paragraph> <paragraph num="D."> <text>The educational program shall maintain enrollment and attendance records for a period of 3 years after a child leaves the program.</text> </paragraph> <paragraph num="E."> <text>By September 1, 1994, and every 5 years after that, the administrative head of the public institution of post-secondary education shall certify to the State Superintendent of Schools that the kindergarten program meets, at a minimum, the requirements set forth in this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(h), 4-110, 7-203, 7-204, and 8-403, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 24, 1965</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective April 6, 1987 (14:7 Md. R. 833)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 22, 1980 (7:4 Md. R. 350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective September 22, 1978 (5:19 Md. R. 1446)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 4, 1983 (10:13 Md. R. 1181)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective February 22, 1980 (7:4 Md. R. 350); November 23, 1981 (8:23 Md. R. 1858); March 1, 1982 (9:4 Md. R. 332); April 23, 1984 (11:8 Md. R. 715); November 3, 1986 (13:22 Md R. 2400)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective July 29, 1985 (12:15 Md. R. 1524)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended as an emergency provision effective May 2, 1989 (16:10 Md. R. 1102); amended permanently effective October 16, 1989 (16:20 Md. R. 2181)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective September 28, 1992 (19:19 Md. R. 1709); November 6, 1995 (22:22 Md. R. 1668); March 18, 2002 (29:5 Md. R. 504)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective June 19, 2017 (44:12 Md. R. 589)</annotation> </annotations> </chapter> <chapter num="02" heading="Graduation Requirements for Public High Schools in Maryland"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter sets out the enrollment, credit, student service, and State assessment requirements for graduation from a public high school in Maryland.</text> </paragraph> <paragraph num="B."> <text>It is the expectation of the State Board that each student enrolled in a public school system in Maryland shall earn a Maryland High School Diploma in accordance with the requirements set forth in this chapter.</text> </paragraph> <paragraph num="C."> <text>Upon notifying the State Superintendent of Schools, each local school system may establish graduation requirements beyond the minimum requirements established by the State Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Credit” means successful demonstration of a specified unit of study.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>“EOC Assessment” means an end-of-course assessment that comprises 20 percent of the student’s grade in that course.</text> </paragraph> <paragraph num="(4)"> <text>“Individualized education program (IEP)” means a written description for a student with a disability that is developed, reviewed, and revised in accordance with 20 U.S.C. §1414 and COMAR 13A.05.01.</text> </paragraph> <paragraph num="(5)"> <text>“Maryland Comprehensive Assessments” means the assessments within the Maryland Comprehensive Assessment Program in algebra, science, English, and government developed or adopted by the Department that are aligned with and measure a student’s skills and knowledge as set forth in the Maryland Standards for those subjects.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Enrollment and Credit Requirements."> <paragraph num="A."> <text>Beginning with students entering the 9th grade class of 2014—2015 school year, each student shall enroll in a mathematics course in each year of high school that the student attends, up to a maximum of 4 years of attendance, unless in the 5th or 6th year a mathematics course is needed to meet a graduation requirement.</text> </paragraph> <paragraph num="B."> <text>To be awarded a diploma, a student who entered the 9th grade class in the 2020—2021 school year or earlier shall be enrolled in a Maryland public school system and shall have earned a minimum of 21 credits that include the following specified credits:</text> <paragraph num="(1)"> <text>English — four credits of organized instruction in comprehension of literary and informational text, writing, speaking and listening, language, and literacy, of which one credit shall be aligned with the Maryland Comprehensive Assessment for English;</text> </paragraph> <paragraph num="(2)"> <text>Fine Arts — one credit in dance, media arts, music, theatre, or visual art, or a combination of these;</text> </paragraph> <paragraph num="(3)"> <text>Mathematics — three credits, including one with instruction in algebra aligned with the Maryland Comprehensive Assessment for algebra or one or more credits in subsequent mathematics courses for which Algebra I is a prerequisite, and one with instruction in geometry aligned with the content standards for geometry;</text> </paragraph> <paragraph num="(4)"> <text>Physical education — one-half credit;</text> </paragraph> <paragraph num="(5)"> <text>Health education — one-half credit;</text> </paragraph> <paragraph num="(6)"> <text>Science — three credits of organized instruction which includes a laboratory component engaging in the application of the science and engineering practices, the crosscutting concepts, and disciplinary core ideas including Earth/space science, life science, physical science (chemistry and physics), engineering, and technology, aligned to the Maryland Comprehensive Assessment for science;</text> </paragraph> <paragraph num="(7)"> <text>Social studies — three credits including one credit in United States history, one credit in world history, and one credit in local, State, and national government aligned with the Maryland Comprehensive Assessment for government;</text> </paragraph> <paragraph num="(8)"> <text>Technology education — one credit that includes the application of knowledge, tools, and skills to solve practical problems and extend human capabilities; and</text> </paragraph> <paragraph num="(9)"> <text>One of the following:</text> <paragraph num="(a)"> <text>Two credits of world language, which may include American Sign Language;</text> </paragraph> <paragraph num="(b)"> <text>Two credits of advanced technology education; or</text> </paragraph> <paragraph num="(c)"> <text>Successfully complete a State-approved career and technology program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Beginning with students entering the 9th grade class in the 2021—2022 school year, to be awarded a diploma, a student shall be enrolled in a Maryland public school system and shall have earned a minimum of 22 credits that include the following specified credits:</text> <paragraph num="(1)"> <text>English — four credits of organized instruction in comprehension of literary and informational text, writing, speaking and listening, language, and literacy, of which one credit shall be aligned with the Maryland Comprehensive Assessment for English;</text> </paragraph> <paragraph num="(2)"> <text>Fine arts — one credit in dance, media arts, music, theatre, or visual art, or a combination of these;</text> </paragraph> <paragraph num="(3)"> <text>Mathematics — four credits, including one with instruction in algebra aligned with the Maryland Comprehensive Assessment for algebra or one or more credits in subsequent mathematics courses for which Algebra I is a prerequisite, and one with instruction in geometry aligned with the content standards for geometry;</text> </paragraph> <paragraph num="(4)"> <text>Physical education — one-half credit;</text> </paragraph> <paragraph num="(5)"> <text>Health education — one credit;</text> </paragraph> <paragraph num="(6)"> <text>Science — three credits, designed to develop scientific literacy with all courses integrating the application of the science and engineering practices, crosscutting concepts, and each containing a laboratory component, including one credit in life science aligned to the Maryland Comprehensive Assessment for Life Science; one credit in physical science (including chemistry, physics, or integrated physical science); and one credit in Earth/space science or a course with the topics of Earth/space science integrated;</text> </paragraph> <paragraph num="(7)"> <text>Social studies — three credits including one credit in United States history, one credit in world history, and one credit in local, State, and national government aligned with the Maryland Comprehensive Assessment for government;</text> </paragraph> <paragraph num="(8)"> <text>Computer science, engineering, or technology education — one credit that includes the study of computers and algorithmic processes or the application of knowledge, tools, and skills to solve practical problems and extend human capabilities; and</text> </paragraph> <paragraph num="(9)"> <text>One of the following:</text> <paragraph num="(a)"> <text>Two credits of the same world language, which may include two credits of American Sign Language; or</text> </paragraph> <paragraph num="(b)"> <text>Successful completion of a State-approved career and technical education program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Elective programs and instruction shall be developed at the discretion of the local school system, open to enrollment for all students, and shall focus on in-depth study in required subject areas, exploration, or application and integration of what has been learned.</text> </paragraph> <paragraph num="E."> <text>All students must complete a locally designed high school program of environmental literacy as set forth in COMAR 13A.04.17 that is approved by the State Superintendent of Schools.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Other Provisions for Earning Credit."> <paragraph num="A."> <text>In addition to earning credits during the regular school day and year, credits may be earned, at the discretion of the local school system, through the means specified in §§B—H of this regulation.</text> </paragraph> <paragraph num="B."> <text>Summer School.</text> <paragraph num="(1)"> <text>Each local school system may provide summer school programs for original and review credit as determined by the needs of students.</text> </paragraph> <paragraph num="(2)"> <text>Credit instruction shall meet the aggregate time requirements specified by the local school system.</text> </paragraph> <paragraph num="(3)"> <text>Consistent with local school system policy and procedure, credit may be given for acceptable summer study offered by approved public and nonpublic institutions in or outside of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Evening School. A local school system may provide evening school programs for credit as an extension of the regular school day as determined by the needs of students.</text> </paragraph> <paragraph num="D."> <text>Online Courses.</text> <paragraph num="(1)"> <text>Consistent with local school system policy and procedure, credit may be given for Department-approved online courses.</text> </paragraph> <paragraph num="(2)"> <text>If credit is to be applied toward minimum graduation requirements, the Department-approved online course shall be provided by the local school system or through a Maryland Higher Education Institution as part of dual enrollment, as set forth in Education Article, §18-14-01, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Work Study Programs, Job Entry Training Programs, or Experience Outside the School.</text> <paragraph num="(1)"> <text>Consistent with local school system policy and procedure, actual time spent in work study, job entry training, or other experience may be counted for credit when identified as an integrated part of a planned study program.</text> </paragraph> <paragraph num="(2)"> <text>For work or experience outside the school which is approved and supervised by the local school system, not more than nine elective credits toward meeting graduation requirements may be granted to a student.</text> </paragraph> </paragraph> <paragraph num="F."> <text>College Courses. Consistent with the payment requirement of Education Article, §§18-14A-04 and 18-14A-05, Annotated Code of Maryland, credit toward high school graduation shall be given for courses offered by accredited colleges that:</text> <paragraph num="(1)"> <text>Meet the local school system policies and procedures;</text> </paragraph> <paragraph num="(2)"> <text>Have prior approval of the local superintendent of schools or the superintendent’s designee;</text> </paragraph> <paragraph num="(3)"> <text>Are aligned with the Maryland College and Career Ready Standards or an elective credit for graduation requirements; and</text> </paragraph> <paragraph num="(4)"> <text>Prepare students to earn an industry-recognized credential or college credits.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Independent Study/Internship. Consistent with local school system policy and procedure, credit toward high school graduation may be earned for independent study or internships in which a student successfully demonstrates preestablished curricular objectives.</text> </paragraph> <paragraph num="H."> <text>Credit Through Examination.</text> <paragraph num="(1)"> <text>Credit toward high school graduation may be earned by passing an examination that assesses student demonstration of local school system curricular objectives, which are based on the Maryland State Standards.</text> </paragraph> <paragraph num="(2)"> <text>A student who would be eligible to graduate but for attaining credit in English 12 may obtain that credit by taking a State-approved examination and achieving a passing score as defined by the Maryland State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>Notwithstanding any other provision of law, a county board shall award credit to a middle school student for any course for which a high school student would be awarded credit if the middle school student meets the same requirements as the high school student.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Service."> <text>To graduate, students shall complete one of the following:</text> <paragraph num="A."> <text>75 hours of student service that includes preparation, action, and reflection components and that, at the discretion of the local school system, may begin during the middle grades; or</text> </paragraph> <paragraph num="B."> <text>A locally designed program in student service that has been approved by the State Superintendent of Schools.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Maryland Comprehensive Assessments."> <paragraph num="A."> <text>A student shall take the requisite Maryland Comprehensive Assessment during its next regular administration if the student received credit for taking, by the methods identified in Regulations .03 and .04 of this chapter, any of the following courses aligned with the Maryland Comprehensive Assessment:</text> <paragraph num="(1)"> <text>Algebra;</text> </paragraph> <paragraph num="(2)"> <text>Science;</text> </paragraph> <paragraph num="(3)"> <text>English; or</text> </paragraph> <paragraph num="(4)"> <text>Government.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To be awarded the Maryland High School Diploma, all students, including elementary and middle school students who take high school level courses, shall take the Maryland Comprehensive Assessment for algebra, science, English, and government after the student completes the required course or courses.</text> </paragraph> <paragraph num="C."> <text>Reporting Student Performance.</text> <paragraph num="(1)"> <text>A school system shall state on the student’s performance record card only that the student has or has not met all assessment requirements.</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of this section, except for students identified in §D of this regulation, “met all assessment requirements” means taking all Maryland Comprehensive Assessments.</text> </paragraph> </paragraph> <paragraph num="D."> <text>For the 2020—2021, 2021—2022, and 2022—2023 school years, a student will have met the assessment requirement for Algebra I, English 10, science, and government if:</text> <paragraph num="(1)"> <text>The student has passed the Algebra I course, English 10 course, science course, and government course; and</text> </paragraph> <paragraph num="(2)"> <text>The student takes the Algebra I, English 10, science, and government Maryland Comprehensive Assessment aligned with the course.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Beginning with the 2023—2024 school year:</text> <paragraph num="(1)"> <text>A student shall take the requisite Maryland Comprehensive Assessment during its regular administration if the student is taking, by the methods identified in Regulations .03 and .04 of this chapter, any of the following courses aligned with the Maryland Comprehensive Assessment:</text> <paragraph num="(a)"> <text>Algebra;</text> </paragraph> <paragraph num="(b)"> <text>English;</text> </paragraph> <paragraph num="(c)"> <text>Science; or</text> </paragraph> <paragraph num="(d)"> <text>Government; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Students entering the ninth grade, the Maryland Comprehensive Assessment for science and government shall account for 20 percent of the student’s final grade in the respective high school level science and government courses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notice to Parents or Guardians and Students."> <text>Each principal shall inform all students and their parents or guardians annually at a minimum of the following:</text> <paragraph num="A."> <text>Maryland's graduation requirements;</text> </paragraph> <paragraph num="B."> <text>The student's progress on fulfilling the credit, Maryland Comprehensive Assessment, service, and applicable IEP requirements for graduation;</text> </paragraph> <paragraph num="C."> <text>The results of each Maryland Comprehensive Assessment taken;</text> </paragraph> <paragraph num="D."> <text>The Department's schedule for the Maryland Comprehensive Assessment administration; and</text> </paragraph> <paragraph num="E."> <text>Beginning with the 2023—2024 school year, the student’s progress on completing the course credit, which includes the end-of-course Maryland Comprehensive Assessment in science and government, service, and applicable IEP requirements for graduation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Grading and Reporting."> <paragraph num="A."> <text>Each school system in Maryland shall recognize and accept any and all credits a student earned toward graduation in any other public school in Maryland.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall develop a written policy on grading and reporting that complies with the student record requirements as set forth in COMAR 13A.08.02 and that includes:</text> <paragraph num="(1)"> <text>An explanation of the grading scale at the elementary and secondary levels;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of the calculation of the final grade for a course;</text> </paragraph> <paragraph num="(3)"> <text>An explanation of weights of honors, Advanced Placement, International Baccalaureate, and dual enrollment courses;</text> </paragraph> <paragraph num="(4)"> <text>An explanation of how attendance factors into the student’s grade;</text> </paragraph> <paragraph num="(5)"> <text>An explanation of grade changing procedures, including:</text> <paragraph num="(a)"> <text>A timeline for final grade changes that cannot exceed 45 school days following the last day of the grading period. For a change of grade for the fourth marking period, the timeline would begin on the first day of school in the new school year.</text> </paragraph> <paragraph num="(b)"> <text>The names of personnel at the school and central office level authorized to make final grade changes;</text> </paragraph> <paragraph num="(c)"> <text>Documentation that authorized personnel are required to maintain to support the final grade changes, including, at a minimum the:</text> <paragraph num="(i)"> <text>Name of teacher requesting grade change;</text> </paragraph> <paragraph num="(ii)"> <text>Reason for the grade change;</text> </paragraph> <paragraph num="(iii)"> <text>Signature of person approving the grade change;</text> </paragraph> <paragraph num="(iv)"> <text>Reason for the approval;</text> </paragraph> <paragraph num="(v)"> <text>Date of the approval; and</text> </paragraph> <paragraph num="(vi)"> <text>Signature of the principal;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>How and when the school system will audit the validity of the grade changes each year; and</text> </paragraph> <paragraph num="(e)"> <text>Appeal procedures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>On October 1 of each school year, each local school system shall:</text> <paragraph num="(1)"> <text>File its policy on grading and reporting with State Superintendent of Schools; and</text> </paragraph> <paragraph num="(2)"> <text>Submit a copy of the grade change validity audit in accordance with §B(5)(d) of this regulation to the State Superintendent of Schools.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon submission of the items contained in §C of this regulation, the Maryland State Department of Education will:</text> <paragraph num="(1)"> <text>Verify that the local school system has met the requirements of this regulation; or</text> </paragraph> <paragraph num="(2)"> <text>Direct the local school system to develop a corrective action plan to bring it into compliance with this regulation and monitor the school system’s progress in completing its corrective action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Diplomas and Certificates."> <paragraph num="A."> <text>The types of diplomas and certificates specified in §§B—D of this regulation shall be awarded to any student who meets the requirements for award.</text> </paragraph> <paragraph num="B."> <text>Maryland High School Diploma. Except as provided in Regulation .12 of this chapter, to be awarded a Maryland high school diploma, a student shall:</text> <paragraph num="(1)"> <text>Complete the enrollment, credit, and service requirements as specified in this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Complete local school system requirements; and</text> </paragraph> <paragraph num="(3)"> <text>Meet the graduation assessment requirements in the following ways:</text> <paragraph num="(a)"> <text>Take the Maryland Comprehensive Assessments for Algebra I, science, government, and English 10; or</text> </paragraph> <paragraph num="(b)"> <text>Take an approved alternative assessment as established by the Department, such as Maryland Comprehensive Assessment for Algebra II, Advanced Placement examinations, SAT, ACT, or International Baccalaureate examinations.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Exception to Passing Score Requirement. For the 2020—2021, 2021—2022, and 2022—2023 school years, students taking the Algebra I, English 10, science, and government Maryland Comprehensive Assessment will meet the graduation assessment requirement for Algebra I, English 10, science, and government.</text> </paragraph> <paragraph num="D."> <text>Maryland High School Diploma by Examination.</text> <paragraph num="(1)"> <text>General Educational Development Testing Program. A Maryland High School Diploma by Examination may be awarded for satisfactory performance on approved general educational development tests if the student meets those requirements as defined in Labor and Employment Article, §11-808, Annotated Code of Maryland, and COMAR 09.37.01.04.</text> </paragraph> <paragraph num="(2)"> <text>Maryland Adult External High School Diploma Program. A Maryland High School Diploma by Examination may be awarded for demonstrating competencies in general life skills and individual skills on applied performance tests if the student meets those requirements as defined in COMAR 09.37.01.20.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Maryland High School Certificate of Program Completion.</text> <paragraph num="(1)"> <text>This certificate shall be awarded only to students with disabilities who cannot meet the requirements for a diploma but who meet the following standards:</text> <paragraph num="(a)"> <text>The student is enrolled in an education program for at least 4 years beyond grade 8 or its age equivalent, and is determined by an IEP team, with the agreement of the student and the parents of the student, to have developed appropriate skills for the individual to enter the world of work, act responsibly as a citizen, and enjoy a fulfilling life, with the world of work including but not limited to:</text> <paragraph num="(i)"> <text>Gainful employment;</text> </paragraph> <paragraph num="(ii)"> <text>Post-secondary education and training;</text> </paragraph> <paragraph num="(iii)"> <text>Supported employment; and</text> </paragraph> <paragraph num="(iv)"> <text>Other services that are integrated in the community; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The student has been enrolled in an education program for 4 years beyond grade 8 or its age equivalent and will have reached age 21 by the end of the student's current school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Maryland Summary of Performance that describes the student's skills shall accompany the Maryland High School Certificate of Program Completion.</text> </paragraph> <paragraph num="(3)"> <text>The final decision to award a student with disabilities a Maryland High School Certificate of Program Completion will not be made until after the beginning of the student's last year in high school.</text> </paragraph> <paragraph num="(4)"> <text>A student with significant cognitive disability may not meet high school graduation requirements, in accordance with §B of this regulation, if a student:</text> <paragraph num="(a)"> <text>Participates in an Alternative Assessment based on Alternative Academic Achievement Standards (AA-AAAS); and</text> </paragraph> <paragraph num="(b)"> <text>Continues to receive instruction based on Alternative Academic Achievement Standards through high school.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If a student participates in a graduation ceremony prior to the completion of the student's education program, at the ceremony the school system shall issue to the student a Certificate of Achievement or other similarly titled certificate in place of a diploma.</text> </paragraph> <paragraph num="(6)"> <text>Certificate Endorsement.</text> <paragraph num="(a)"> <text>Beginning with the 2024—2025 school year, students completing a Certificate may earn one or more endorsements.</text> </paragraph> <paragraph num="(b)"> <text>The endorsements include a Post-Secondary Education endorsement, a Work-Ready/Employment/Career endorsement, and a Community/Citizenship endorsement.</text> </paragraph> <paragraph num="(c)"> <text>Requirements for the endorsements will be identified by the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Local Endorsements. Consistent with procedures established by the Department, each local school system may add endorsements to the diploma as incentives for students to meet locally established requirements and outcomes in instruction beyond the minimums specified by the State.</text> </paragraph> <paragraph num="G."> <text>At least yearly, through the end of the implementation, the State Board will review and assess updated information on the graduation assessment requirements and scores.</text> </paragraph> <paragraph num="H."> <text>Maryland High School Diploma. Beginning with the 2022—2023 school year, except as provided in Regulation .12 of this chapter, to be awarded a Maryland high school diploma, a student shall:</text> <paragraph num="(1)"> <text>Complete the enrollment, credit, assessment and service requirements as specified in this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Complete local school system requirements.</text> </paragraph> </paragraph> <paragraph num="I."> <text>State Endorsements.</text> <paragraph num="(1)"> <text>Beginning with the 2024—2025 school year, students graduating may earn a College Ready State endorsement, a Career and Technical Education (CTE) State endorsement, or both.</text> </paragraph> <paragraph num="(2)"> <text>The Department will establish the requirements for the endorsements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09-1" heading="Appeal of Denial of Diploma for Failure to Meet Maryland Comprehensive Assessment Requirement."> <paragraph num="A."> <text>A school system shall notify each senior and the senior's parents or guardians on or before the end of February of the senior year if a student may not graduate. The notice shall explain:</text> <paragraph num="(1)"> <text>The reasons the student may not graduate;</text> </paragraph> <paragraph num="(2)"> <text>The options available to meet all graduation requirements;</text> </paragraph> <paragraph num="(3)"> <text>That a waiver of the Maryland Comprehensive Assessment graduation requirement may be one of the options, if the student meets the criteria set forth in §§C and E of this regulation;</text> </paragraph> <paragraph num="(4)"> <text>The waiver process and timeline; and</text> </paragraph> <paragraph num="(5)"> <text>That parents or guardians may submit information in writing to the principal concerning eligibility of their child for the waiver.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On or before the end of February, the principal shall report to the local superintendent the name and student identification number of each student identified in the February notice.</text> </paragraph> <paragraph num="C."> <text>On or before April 1, the school system shall identify each student who may fail to graduate because the student has taken none of the required Maryland Comprehensive Assessments.</text> </paragraph> <paragraph num="D."> <text>On or before April 1, the principal shall report to the local superintendent the name and student identification number of each student identified as meeting the criteria in §C of this regulation.</text> </paragraph> <paragraph num="E."> <text>By April 1, for each senior identified in §C of this regulation, the school principal shall consider whether to recommend to the local superintendent a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date if:</text> <paragraph num="(1)"> <text>The student has or is expected to meet all the other graduation requirements; and</text> </paragraph> <paragraph num="(2)"> <text>The student is prevented from meeting the Maryland Comprehensive Assessment graduation requirements because:</text> <paragraph num="(a)"> <text>Of a decision made by the local school system concerning the provision of appropriate assistance as required by Regulation .06C of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The student experienced a special, extraordinary, or extenuating circumstance or combination of circumstances preceding the administration of the most recent Maryland Comprehensive Assessment, such as a recent death in the immediate family, a serious or prolonged illness or pregnancy with medical complications, an accident causing serious injury, or a destructive house fire;</text> </paragraph> <paragraph num="(c)"> <text>The student moved to the United States in the junior or senior year and the student is literate in the student's native language but not literate in English; or</text> </paragraph> <paragraph num="(d)"> <text>The student moved to Maryland in the senior year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>On or about April 1, the principal shall notify the student and the student's parents or guardians that the student is being considered for a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date. The notice shall explain the waiver decision-making process.</text> </paragraph> <paragraph num="G."> <text>On or before May 1, the principal of the high school shall make a Maryland Comprehensive Assessment waiver recommendation to the local superintendent for each student who meets the criteria set forth in §E of this regulation with the participation of:</text> <paragraph num="(1)"> <text>The student's IEP team, if the student is a student with disabilities;</text> </paragraph> <paragraph num="(2)"> <text>The English Language Learner staff, if the student is an English Language Learner;</text> </paragraph> <paragraph num="(3)"> <text>Other school personnel; or</text> </paragraph> <paragraph num="(4)"> <text>One or more of them.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The principal shall explain the reason for each recommendation under §G of this regulation, whether the recommendation is to grant or deny the waiver.</text> </paragraph> <paragraph num="I."> <text>The local superintendent shall review each recommendation and shall:</text> <paragraph num="(1)"> <text>Grant or deny the waiver;</text> </paragraph> <paragraph num="(2)"> <text>Promptly notify the student and the student's parent or guardian of the decision; and</text> </paragraph> <paragraph num="(3)"> <text>If the waiver is granted, include in the notification the local procedures and requirements that must be met for a diploma to be awarded.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The superintendent's decision in this matter is not appealable to the local board of education, but may be appealed to the State Superintendent of Schools.</text> </paragraph> <paragraph num="K."> <text>A student or the student's parents or guardians may appeal the waiver denial to the State Superintendent by sending a written appeal letter explaining why the waiver denial was an arbitrary or unreasonable decision. The State Superintendent may affirm or reverse the local superintendent's decision and shall inform the student, the student's parents or guardians, the local superintendent, and the State Board in writing of the decision.</text> </paragraph> <paragraph num="L."> <text>The decision of the State Superintendent may be appealed to the circuit court pursuant to Maryland Rules 7-201, et seq. On appeal:</text> <paragraph num="(1)"> <text>If the State Superintendent has reversed the local superintendent's decision to deny the Maryland Comprehensive Assessment waiver and the local school system appeals that decision, the State Superintendent shall defend the decision on appeal; or</text> </paragraph> <paragraph num="(2)"> <text>If the State Superintendent has affirmed the local superintendent's decision and the aggrieved student appeals, the local superintendent shall defend the State Superintendent's decision on appeal.</text> </paragraph> </paragraph> <paragraph num="M."> <text>By August 1, the local superintendent shall send a report to the State Superintendent or the State Superintendent's designee on waiver decisions rendered under this regulation.</text> </paragraph> <paragraph num="N."> <text>Nothing in this regulation is intended to establish any right to participate in the graduation ceremony while an appeal is pending. Participation in the graduation ceremony remains at the discretion of the local superintendent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Alternatives to 4-year Enrollment Requirement."> <paragraph num="A."> <text>In recognition of the fact that 4-year enrollment in a public high school may not serve the best interests of some students, the alternatives in §§B and C of this regulation shall be made available.</text> </paragraph> <paragraph num="B."> <text>Early College Admission Program. A student may receive a Maryland High School Diploma through acceptance in the early college admission program, if:</text> <paragraph num="(1)"> <text>The student is accepted for early admission to an accredited college before high school graduation;</text> </paragraph> <paragraph num="(2)"> <text>All Maryland Comprehensive Assessments and student service requirements have been met;</text> </paragraph> <paragraph num="(3)"> <text>A written request by the student and parent or guardian is made to and approved by the local superintendent of schools certifying the early admission acceptance;</text> </paragraph> <paragraph num="(4)"> <text>The student's program for the first year of college is approved by the local superintendent of schools if this program is included toward the issuance of a diploma; and</text> </paragraph> <paragraph num="(5)"> <text>At the conclusion of the program or after 1 year, a written request for a Maryland High School Diploma is submitted to the superintendent together with a transcript or letter from the college to the high school principal indicating that the student has successfully completed a year of college work.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Early Admission to Approved Vocational, Technical, or Other Postsecondary School Program. A student may receive a Maryland High School Diploma through acceptance in an early admission program of an approved vocational, technical, or postsecondary school program if:</text> <paragraph num="(1)"> <text>The student is accepted for early admission by an approved vocational, technical, or postsecondary school program before high school graduation;</text> </paragraph> <paragraph num="(2)"> <text>All Maryland Comprehensive Assessments and student service requirements have been met;</text> </paragraph> <paragraph num="(3)"> <text>A written request by the student and parent or guardian is made to and approved by the local superintendent of schools certifying the early admission acceptance;</text> </paragraph> <paragraph num="(4)"> <text>The student's program for the first year of the postsecondary program is approved by the local superintendent of schools if this program is included toward the issuance of a diploma; and</text> </paragraph> <paragraph num="(5)"> <text>At the conclusion of a full year of study, a written request for a Maryland High School Diploma is submitted to the superintendent together with a transcript or letter from the postsecondary school to the high school principal indicating that the student has successfully completed a year of postsecondary school work.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Alternatives for Structuring Programs."> <paragraph num="A."> <text>Each local school system shall be permitted to develop alternative ways for individual or groups of students to fulfill graduation requirements.</text> </paragraph> <paragraph num="B."> <text>An alternative plan may include a waiver of the fourth year enrollment requirement if all credit, assessments, and student service requirements are met and if the local superintendent of schools or designee determines that the waiver is in the best interest of the student.</text> </paragraph> <paragraph num="C."> <text>Procedures for implementing these alternative programs leading to high school diplomas are as follows:</text> <paragraph num="(1)"> <text>Development and approval of a curricular plan which assures that the content of the specified credits is included and the standards for graduation are met pursuant to the requirements of this chapter with the plan containing a program description, performance requirements, and evaluation procedures; and</text> </paragraph> <paragraph num="(2)"> <text>The local superintendent of schools is responsible for approving any plan and shall notify the State Superintendent of Schools once approval has been given.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="General Provisions."> <paragraph num="A."> <text>Length of School Year. Maryland public high schools shall be open for at least 180 school days and a minimum of 1,170 school hours during a 10-month period in each school year.</text> </paragraph> <paragraph num="B."> <text>Graduation Requirements for Transfer Students.</text> <paragraph num="(1)"> <text>Attendance Requirements.</text> <paragraph num="(a)"> <text>To receive a diploma, a student shall be in attendance at a Maryland public high school one full semester immediately preceding graduation in addition to meeting the other diploma requirements.</text> </paragraph> <paragraph num="(b)"> <text>In cases where this requirement creates an undue hardship for a student transferring to or from a Maryland nonpublic school or from an out-of-State school and wishing to receive a Maryland high school diploma, the local superintendent of schools may waive the one full semester attendance requirement.</text> </paragraph> <paragraph num="(c)"> <text>Exception shall be made for a student with disabilities in a State-approved nonpublic program.</text> </paragraph> <paragraph num="(d)"> <text>Students transferring from one Maryland public high school to another during the second semester of their senior year and meeting all requirements for graduation shall be given the option of graduating from either high school by agreement of the local superintendent of schools or the respective local superintendents when more than one local school system is involved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Maryland Comprehensive Assessment Exemption Requirements.</text> <paragraph num="(a)"> <text>A student who transfers from a nonpublic school or a school out of State is exempt from one or more of the Maryland Comprehensive Assessments if, consistent with local school system policy and procedure, the local superintendent determines that the course taken is aligned with the relevant Maryland Comprehensive Assessment and awards the student credit for taking any of the courses aligned with the Maryland Comprehensive Assessments, that is, algebra, science, English, or government, or all of these, in accordance with the principles set forth in §B(2)(c) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>A student who transfers from a nonpublic school or a school out of State and has not received credit for algebra but has demonstrated mastery of the Maryland College and Career Ready Standards for algebra either through an evaluation or successful completion of subsequent mathematics courses for which algebra is a prerequisite is exempt from the Maryland Comprehensive Assessment for algebra.</text> </paragraph> <paragraph num="(c)"> <text>To award credit for taking any of the courses aligned with the Maryland Comprehensive Assessments, that is, algebra, science, English, or government, a principal shall determine through the following considerations whether the transfer student demonstrates subject matter knowledge aligned with the content standards for the subject:</text> <paragraph num="(i)"> <text>Administration of standardized tests and examinations;</text> </paragraph> <paragraph num="(ii)"> <text>Observation of the student in the classroom;</text> </paragraph> <paragraph num="(iii)"> <text>Use of interviews that are focused around the student's demonstration of course content knowledge and performance levels; and</text> </paragraph> <paragraph num="(iv)"> <text>Inspection of transcripts, report cards, and other documentation.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>A student who transfers from a nonpublic school or from a school out of State into a local school system after the first semester of their senior year is exempt from the Maryland Comprehensive Assessment Requirements.</text> </paragraph> <paragraph num="(e)"> <text>The exemption provided in §B(2)(d) of this regulation does not apply to a student with disabilities in a State-approved nonpublic program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Local Graduation Requirements.</text> <paragraph num="(a)"> <text>A student who enters a local school system in their senior year shall be granted a waiver from locally established graduation requirements unless the student chooses to fulfill the requirements.</text> </paragraph> <paragraph num="(b)"> <text>A student in foster care or a homeless student who enters a local school system in their junior year shall be granted a waiver from locally established graduation requirements unless the local school system makes a finding that the student is reasonably able to complete the locally established graduation requirements in time to graduate from high school.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Unavailability of Official Transcript. If the transcript of record is not available, a local superintendent of schools or designee shall determine the appropriate placement of the student within the high school program by an evaluation of the student that shall include one or more of the following:</text> <paragraph num="(a)"> <text>Administration of standardized tests and examination;</text> </paragraph> <paragraph num="(b)"> <text>Observation of the student in a classroom setting;</text> </paragraph> <paragraph num="(c)"> <text>Use of interviews that are focused around the student's demonstration of course content knowledge and performance levels;</text> </paragraph> <paragraph num="(d)"> <text>Inspection of report cards and other documentation.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-203, 7-205, 7-205.1, and 8-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 14, 1976 (3:8 Md. R. 427)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 11, 1978 (5:16 Md. R. 1259); September 22, 1978 (5:19 Md. R. 1446); May 21, 1984 (11:10 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective March 21, 1980 (7:6 Md. R. 609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended as an emergency provision effective February 10, 1982 (9:5 Md. R. 520); emergency status expired March 12, 1982</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective August 2, 1982 (9:15 Md. R. 1516)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed and new Regulations .01—.07 adopted effective July 29, 1985 (12:15 Md. R. 1524)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended as an emergency provision effective April 14, 1986 (13:9 Md. R. 1021)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective April 4, 1988 (15:7 Md. R. 851)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03I amended effective October 3, 1988 (15:20 Md. R. 2334)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 amended and .08 adopted as an emergency provision effective August 14, 1985 (12:18 Md. R. 1760)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 amended and .08 adopted effective December 2, 1985 (12:24 Md. R. 2350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 recodified to Regulation .06 effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended and recodified to Regulation .07 effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 repealed and new Regulations .01—.08 adopted effective September 28, 1992 (19:19 Md. R. 1710)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 15, 1994 (21:16 Md. R. 1386); July 29, 1996 (23:15 Md. R. 1089); March 18, 2002 (29:5 Md. R. 504)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05—.06 repealed effective March 18, 2002 (29:5 Md. R. 504)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed and new Regulations .01—.12 adopted effective July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 11, 2005 (32:7 Md. R. 682); July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective July 7, 2012 (39:17 Md. R. 1145); emergency provision expired December 31, 2012</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882); July 3, 2006 (33:13 Md. R. 1064); March 12, 2007 (34:5 Md. R. 561); March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C adopted effective July 11, 2011 (38:14 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended as an emergency provision effective July 7, 2012 (39:17 Md. R. 1145); emergency provision expired December 31, 2012</annotation> <annotation type="History" subtype="Administrative History">Regulation .05I amended effective July 26, 2010 (37:15 Md. R. 999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05J amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective May 22, 2006 (33:10 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882); August 28, 2006 (33:17 Md. R. 1437)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 21, 2008 (35:8 Md. R. 807); February 18, 2013 (40:3 Md. R. 218)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 adopted as an emergency provision effective January 23, 2009 (36:4 Md. R. 346); emergency status expired effective July 22, 2009</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 adopted effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective July 3, 2006 (33:13 Md. R. 1064); July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 29, 2014 (41:19 Md. R. 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 22, 2015 (42:12 Md. R. 763); November 24, 2016 (43:23 Md. R. 1280); February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D, F, G amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, F amended effective June 22, 2015 (42:12 Md. R. 763)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06G adopted effective June 22, 2015 (42:12 Md. R. 763)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C, E amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective June 22, 2015 (42:12 Md. R. 763); June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B, C amended effective November 24, 2016 (43:23 Md. R. 1280); February 26, 2018 (45:4 Md. R. 206); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective August 12, 2019 (46:16 Md. R. 689)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09E amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09G adopted effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09H amended effective August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1C, E amended effective August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1O repealed effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective February 26, 2018 (45:4 Md. R. 206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B, C amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); October 28, 2024 (51:21 Md. R. 927)</annotation> </annotations> </chapter> <chapter num="03" heading="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective May 29, 1981 (8:11 Md. R. 975); July 1, 1987 (14:7 Md. R. 833)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 adopted effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3131)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective March 15, 1992 (19:4 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 26, 2007 (34:6 Md. R. 627)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective March 3, 2003 (30:4 Md. R. 317)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F amended effective July 1, 1996 (23:13 Md. R. 945); March 20, 2000 (27:5 Md. R. 585)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01Q amended effective January 26, 1998 (25:2 Md. R. 77); March 20, 2000 (27:5 Md. R. 585)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective January 14, 2010 (37:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="04" heading="Test Administration and Data-Reporting Policies and Procedures"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to:</text> <paragraph num="A."> <text>Tests administered by or through the State Board of Education including but not limited to:</text> <paragraph num="(1)"> <text>The Maryland Comprehensive Assessment Program (MCAP) (English and Language Arts and Mathematics);</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Integrated Science Assessment (MISA) for grades 5 and 8;</text> </paragraph> <paragraph num="(3)"> <text>The Alternate Maryland Integrated Science Assessment (Alt-MISA);</text> </paragraph> <paragraph num="(4)"> <text>The Alternative Maryland Comprehensive Assessment for Government (Alt-Gov);</text> </paragraph> <paragraph num="(5)"> <text>The Maryland Comprehensive Assessment for Government;</text> </paragraph> <paragraph num="(6)"> <text>The Life Science Maryland Integrated Science Assessment (LS MISA);</text> </paragraph> <paragraph num="(7)"> <text>The Kindergarten Readiness Assessment (KRA);</text> </paragraph> <paragraph num="(8)"> <text>The English Language Proficiency Assessment (ELPA) ACCESS for ELLs;</text> </paragraph> <paragraph num="(9)"> <text>The norm-referenced test or tests in use by the State;</text> </paragraph> <paragraph num="(10)"> <text>The Educator Credentialing Tests; and</text> </paragraph> <paragraph num="(11)"> <text>Other instruments required by the State Board of Education;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Data reporting required by the State Board of Education including the data-based areas described in COMAR 13A.01.04 and other measures used to determine availability of services and funding;</text> </paragraph> <paragraph num="C."> <text>Local school system-owned materials that are the same as those used in any State-operated assessment program; and</text> </paragraph> <paragraph num="D."> <text>The security and monitoring of any instrument administered by or through the State Board of Education, to include assessments and surveys.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Individual” means a student, teacher, administrator, or other school system or Department employee.</text> </paragraph> <paragraph num="(3)"> <text>Local Education Agency.</text> <paragraph num="(a)"> <text>“Local education agency” means a public school system.</text> </paragraph> <paragraph num="(b)"> <text>“Local education agency” includes special schools and institutions and nonpublic schools approved under COMAR 13A.09.10 that use tests administered on behalf of the State Board of Education.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Maryland School Performance Program (MSPP)” means a performance-based education accountability program that focuses on accountability through school improvement in the public schools.</text> </paragraph> <paragraph num="(5)"> <text>“Test administration” means the range of activities from procurement of secure assessment materials through the return of secure assessment materials to the Department or its agents.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Local School System Test Administration and Data-Reporting Policies."> <paragraph num="A."> <text>A local school system shall develop and adopt test administration and data-reporting policies.</text> </paragraph> <paragraph num="B."> <text>The test administration policy shall provide for:</text> <paragraph num="(1)"> <text>The security of the materials during testing and the storage under lock and key of all secure tests and test materials in all versions, including, but not limited to, answer keys, audio tapes, videotapes, compact disks (CDs), and examinee answer documents, before, during, and after testing;</text> </paragraph> <paragraph num="(2)"> <text>The proper administration of tests and the monitoring of test administrations;</text> </paragraph> <paragraph num="(3)"> <text>Training, at least annually, of appropriate personnel on test administration policy and procedures;</text> </paragraph> <paragraph num="(4)"> <text>The prohibition of electronic devices, including personal devices, (unless required for testing or administrative purposes) in testing rooms during testing; and</text> </paragraph> <paragraph num="(5)"> <text>The retention of an archival document for a minimum of 6 years after the date of test administration, containing the following information for each testing group each testing day:</text> <paragraph num="(a)"> <text>Name and student identification number for each student;</text> </paragraph> <paragraph num="(b)"> <text>School and system names and identifiers;</text> </paragraph> <paragraph num="(c)"> <text>Names of the test administrators, examiners, accommodators, and proctors; and</text> </paragraph> <paragraph num="(d)"> <text>Unique test document identification number for each student for paper testing only.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The data reporting policy shall contain:</text> <paragraph num="(1)"> <text>Procedures for the accurate and timely collection, storage, and retrieval of data required by the State Board as described in Regulation .01 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Procedures for reporting assessment results to parents/guardians of students within 30 days of receipt by the local school system, but no later than the 15th of September for spring assessment results.</text> </paragraph> <paragraph num="(3)"> <text>Procedures for the delivery of assessment results to parents/guardians by one or more of these methods:</text> <paragraph num="(a)"> <text>First-class mail;</text> </paragraph> <paragraph num="(b)"> <text>Backpack or student folder only if parents/guardians are notified by phone or electronically to expect the assessment results to be delivered on a date certain by that method;</text> </paragraph> <paragraph num="(c)"> <text>Personally at Parent/Teacher conferences; or</text> </paragraph> <paragraph num="(d)"> <text>Electronically through the communication system used by the local school system to keep parents/guardians informed; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Training of appropriate personnel on data reporting procedures.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Test Administration and Certification of Training Forms.</text> <paragraph num="(1)"> <text>The Department and each local school system shall use a Department provided or approved test administration and certification of training form and a Department provided or approved nondisclosure agreement, as appropriate, for its employees.</text> </paragraph> <paragraph num="(2)"> <text>Before initially handling any test materials, and annually after that, each individual directly or indirectly involved shall sign a test administration and certification of training form or a nondisclosure agreement, whichever is applicable.</text> </paragraph> <paragraph num="(3)"> <text>All signed forms and agreements shall be retained by the Department or local school system for the duration of the individual's employment or relationship with the Department or local school system.</text> </paragraph> <paragraph num="(4)"> <text>Forms and agreements may be signed electronically using any means approved by the Department.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Electronic Archival of Documents. Each local school system may develop and adopt policies and procedures for the secure electronic archival of paper documents.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Local School System Testing Designates."> <paragraph num="A."> <text>All personnel involved in testing shall be employees of the local school system, be trained for their role, meet the requirements of their role as described herein, and sign a Department approved Test Administration and Certification of Training Form.</text> </paragraph> <paragraph num="B."> <text>Personnel may not serve as a Test Administrator, Proctor, or Accommodator in the same testing room as a student who is a family member or who resides within the same dwelling.</text> </paragraph> <paragraph num="C."> <text>Testing Personnel.</text> <paragraph num="(1)"> <text>Local Accountability Coordinators (LACs).</text> <paragraph num="(a)"> <text>A local superintendent of schools shall designate annually one individual per school system to serve as the Local Accountability Coordinator (LAC).</text> </paragraph> <paragraph num="(b)"> <text>The LAC shall have oversight of the:</text> <paragraph num="(i)"> <text>Procurement of test instruments that are used in testing programs administered by or through the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Organization, implementation, orientation, and verification of the Maryland educational assessment programs in the school system; and</text> </paragraph> <paragraph num="(iii)"> <text>Administration and security of state-mandated assessments.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The name of the LAC shall be provided in writing to the Department within 10 days of the designation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>School Test Coordinators (STCs).</text> <paragraph num="(a)"> <text>Each school system shall designate one individual per school to serve as the Primary School Test Coordinator (STC).</text> </paragraph> <paragraph num="(b)"> <text>A Principal may not serve as the STC unless permission has been granted by the Department.</text> </paragraph> <paragraph num="(c)"> <text>STCs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff.</text> </paragraph> <paragraph num="(d)"> <text>Eligible STCs include the following:</text> <paragraph num="(i)"> <text>State-certified teachers; and</text> </paragraph> <paragraph num="(ii)"> <text>State-certified guidance counselors, library media specialists, school psychologists, pupil personnel workers, and school administrators (other than the Principal).</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>The Primary STC shall:</text> <paragraph num="(i)"> <text>Have responsibility for training and supervising school personnel in test administration policy and procedures; and</text> </paragraph> <paragraph num="(ii)"> <text>Be the primary point of contact with the LAC and the Department during the administration of all state assessments.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The school system may further designate, one or both, an:</text> <paragraph num="(i)"> <text>Alternate STC per school.</text> </paragraph> <paragraph num="(ii)"> <text>Assistant STC per state-mandated assessment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Test Administrators (TAs).</text> <paragraph num="(a)"> <text>TAs are selected by each public school’s principal subject to review and approval by the local Superintendent.</text> </paragraph> <paragraph num="(b)"> <text>For any multi-state assessment consortium testing, TAs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Proctors.</text> <paragraph num="(a)"> <text>A local school system may use Proctors.</text> </paragraph> <paragraph num="(b)"> <text>A Proctor shall be under the direct supervision of an eligible TA.</text> </paragraph> <paragraph num="(c)"> <text>TAs may serve as Proctors.</text> </paragraph> <paragraph num="(d)"> <text>Proctors may include:</text> <paragraph num="(i)"> <text>Instructional assistants and aides; or</text> </paragraph> <paragraph num="(ii)"> <text>Substitutes or other staff members who are employees of the school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Accommodators.</text> <paragraph num="(a)"> <text>Accommodators may provide accommodations to students during testing.</text> </paragraph> <paragraph num="(b)"> <text>Accommodators shall be under the direct supervision of an eligible TA.</text> </paragraph> <paragraph num="(c)"> <text>Accommodators may include:</text> <paragraph num="(i)"> <text>Test Administrators;</text> </paragraph> <paragraph num="(ii)"> <text>Instructional assistants and aides; or</text> </paragraph> <paragraph num="(iii)"> <text>Substitutes or other staff members who are employees of the school system.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Testing Behavior Violations."> <paragraph num="A."> <text>It is a violation of test security for an individual to fail to follow test administration procedures promulgated by the local board of education or the State Board of Education and published in test administration manuals and related materials for mandatory tests administered by or through the State Board of Education to students or educators.</text> </paragraph> <paragraph num="B."> <text>It is a violation of test security for an individual to:</text> <paragraph num="(1)"> <text>Give examinees access to secure test items or materials before testing;</text> </paragraph> <paragraph num="(2)"> <text>Give unauthorized individuals access to secure test items or materials;</text> </paragraph> <paragraph num="(3)"> <text>Copy, reproduce, use, or otherwise disclose in any manner inconsistent with test security regulations and procedures any portion of secure test materials;</text> </paragraph> <paragraph num="(4)"> <text>Provide answer keys or answers orally, in writing, or by any other means, to examinees;</text> </paragraph> <paragraph num="(5)"> <text>Coach examinees during testing by giving them answers to test questions or otherwise directing or guiding their responses or altering or interfering with examinees' responses in any way;</text> </paragraph> <paragraph num="(6)"> <text>Fail to follow security regulations and procedures for distribution and return of secure test materials, or fail to account for all secure test materials before, during, and after testing;</text> </paragraph> <paragraph num="(7)"> <text>Fail to properly monitor test administration, including permitting inappropriate collaboration between or among individuals;</text> </paragraph> <paragraph num="(8)"> <text>Administer State-mandated tests on dates other than those specified by the Department;</text> </paragraph> <paragraph num="(9)"> <text>Participate in, direct, aid, counsel, assist, encourage, or fail to report any of the acts prohibited in this chapter; or</text> </paragraph> <paragraph num="(10)"> <text>Refuse to disclose information regarding test security violations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The local school system shall investigate any allegations of violations of test security and report the results to the Department in a timely fashion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Data Collection and Reporting Violations."> <paragraph num="A."> <text>It is a violation of data collection and reporting for an individual, school, or school system to:</text> <paragraph num="(1)"> <text>Fail to report test scores, numbers of students tested, and other indicators of test performance on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department;</text> </paragraph> <paragraph num="(2)"> <text>Report incorrect or otherwise inaccurate test scores, numbers of students tested, other indicators of test performance, and participation on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department; or</text> </paragraph> <paragraph num="(3)"> <text>Exclude a student or students from participation in mandatory tests administered by or through the State Board of Education except in accordance with Department-approved procedures.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local school system shall investigate any allegations involving data collection or reporting violations and report the results to the Department in a timely fashion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Sanctions for Violations."> <paragraph num="A."> <text>Invalidation of Test Scores or Other Data.</text> <paragraph num="(1)"> <text>An individual shall adhere to all procedures specified in all operating manuals and related materials governing the Maryland School Performance Program including the mandated testing programs.</text> </paragraph> <paragraph num="(2)"> <text>The Department:</text> <paragraph num="(a)"> <text>Shall establish procedures to identify:</text> <paragraph num="(i)"> <text>Improbable test score gains or improbable changes in data in consecutive years,</text> </paragraph> <paragraph num="(ii)"> <text>Situations in which inappropriate collaboration between or among individuals occurs during the test administration or data collection and reporting, and</text> </paragraph> <paragraph num="(iii)"> <text>Any other situation which may result in the invalidation of test results or other data; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>May invalidate test scores or other data that reflect improbable gains which cannot be satisfactorily explained through changes in the student population or instruction.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The invalidation of test results or other data because of a breach of security, or action of the State Board of Education, also invalidates any graduation, programmatic, or evaluative criteria dependent upon these data or test results.</text> </paragraph> <paragraph num="(4)"> <text>The Department may invalidate test results of a student who causes, allows, or is otherwise involved in the presentation of forged, counterfeit, or altered identification for the purpose of obtaining admission to a test administration site for any of the tests listed in Regulation .01 of this chapter, and the student may be ineligible to retake the test until the next official testing opportunity.</text> </paragraph> <paragraph num="(5)"> <text>A student who engages in any activities during testing which result in invalidation of scores may be ineligible to retake the test until the next official testing opportunity.</text> </paragraph> <paragraph num="(6)"> <text>All central office and school-based personnel whose duties involve either test administration or data collection and reporting shall be held accountable for compliance with all of the requirements described in this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Other Sanctions. A testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or a violation of any other regulation in this chapter constitutes misconduct, insubordination, or neglect of duty for which:</text> <paragraph num="(1)"> <text>Personnel sanctions may be imposed by the Department or local school system, whichever is the employer;</text> </paragraph> <paragraph num="(2)"> <text>The administrative credentials, teaching credentials, or both, of the violator may be suspended or revoked under COMAR 13A.12.05;</text> </paragraph> <paragraph num="(3)"> <text>The school or school system may be censured; and</text> </paragraph> <paragraph num="(4)"> <text>The Department may recover costs incurred as the result of the violation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Mitigating Circumstances.</text> <paragraph num="(1)"> <text>Any mitigating circumstances shall be considered before a sanction is imposed for a testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or violation of any other regulation in this chapter.</text> </paragraph> <paragraph num="(2)"> <text>An individual may be sanctioned if the individual failed to take appropriate action after learning about the violation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reasonable Person Standard. All conduct with respect to test administration and data reporting will be reviewed under a reasonable person standard, that is, what a reasonable person would do under similar circumstances.</text> </paragraph> <paragraph num="E."> <text>Whistleblower Protection.</text> <paragraph num="(1)"> <text>The local school system shall not take any personnel action as retaliation against an employee who reports information that the employee reasonably believes involves a test security violation under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The local school system may take personnel action against an employee if the local school system investigates and concludes that the employee was involved in the reported test security violation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 effective July 31, 1968</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 effective June 9, 1964; amended effective May 26, 1976 (3:11 Md. R. 593); July 20, 1977 (4:15 Md. R. 1153); July 1, 1978 (5:12 Md. R. 969); June 15, 1979 (6:12 Md. R. 1052); May 30, 1988 (15:11 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective May 16, 1980 (7:10 Md. R. 952); June 12, 1981 (8:12 Md. R. 1064); August 2, 1981 (9:15 Md. R. 1516); July 4, 1983 (10:13 Md. R. 1181); July 1, 1984 (11:12 Md. R. 1064); August 11, 1986 (13:16 Md. R. 1828); August 24, 1987 (14:17 Md. R. 1872)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A and B amended effective May 20, 1985 (12:10 Md. R. 962)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C and D adopted effective July 25, 1980 (7:15 Md. R. 1426)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 15, 1975 (2:29 Md. R. 1734); March 31, 1976 (3:7 Md. R. 402); July 20, 1977 (4:15 Md. R. 1153); July 28, 1978 (5:15 Md. R. 1190); July 13, 1979 (6:14 Md. R. 1208)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective August 2, 1982 (9:15 Md. R. 1516); July 29, 1985 (12:15 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 effective August 21, 1968</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective November 14, 1975 (2:29 Md. R. 1734)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 21, 1976 (3:15 Md. R. 806); October 7, 1977 (4:21 Md. R. 1604); September 22, 1978 (5:19 Md. R. 1447); September 21, 1979 (6:19 Md. R. 1520)</annotation> <annotation type="History" subtype="Administrative History">Regulation 06 adopted effective October 13, 1976 (3:21 Md. R. 1208)</annotation> <annotation type="History" subtype="Administrative History">Regulation 06 amended May 11, 1977 (4:10 Md. R. 768); December 30, 1977 (4:27 Md. R. 2108); November 17, 1978 (5:23 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective January 11, 1980 (7:1 Md. R. 44)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective May 2, 1980 (7:9 Md. R. 848); April 17, 1981 (8:8 Md. R. 723); July 19, 1982 (9:14 Md. R. 1431); May 9, 1983 (10:9 Md. R. 702); April 9, 1984 (11:7 Md. R. 628); May 6, 1985 (12:9 Md. R. 813); August 25, 1986 (13:17 Md. R. 1923); March 7, 1988 (15:5 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 19, 1982 (9:14 Md. R. 1431); May 6, 1985 (12:9 Md. R. 813)</annotation> <annotation type="History" subtype="Administrative History">Annotation: Appendix F to the “Methods of Administration for the Office of Civil Rights Guidelines for the Division of Vocational-Technical Education” (see Regulation .02C) was incorporated by reference effective February 20, 1981 (8:4 Md. R. 344)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .03—.07 repealed effective January 15, 1989 (15:27 Md. R. 3132)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 and Chapter, Instructional Programs Involving Federal Funds, repealed effective August 7, 1989 (16:15 Md. R. 1651)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06, Test Security and Data Reporting Policy and Procedures, adopted effective January 6, 1992 (18:26 Md. R. 2831)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective August 15, 1994 (21:16 Md. R. 1386)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07, Test Administration and Data-Reporting Policies and Procedures, adopted effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 12, 2019 (46:16 Md. R. 689)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 23, 2007 (34:8 Md. R. 768); March 16, 2015 (42:5 Md. R. 486); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 23, 2007 (34:8 Md. R. 768); July 16, 2018 (45:14 Md. R. 697); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 20, 2000 (27:5 Md. R. 585); July 16, 2018 (45:14 Md. R. 697)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective August 12, 2019 (46:16 Md. R. 689)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, D amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E adopted effective March 16, 2015 (42:5 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 16, 2018 (45:14 Md. R. 697); August 12, 2019 (46:16 Md. R. 689)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E adopted effective January 9, 2012 (38:27 Md. R. 1765)</annotation> </annotations> </chapter> <chapter num="05" heading="Administration of Home and Hospital Teaching for Students"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>These regulations, which establish a minimum requirement, apply to the provision of instructional services to public school students who are unable to participate in their school of enrollment due to a physical or emotional condition.</text> </paragraph> <paragraph num="B."> <text>In implementing these regulations, all school systems shall comply with the Individuals with Disabilities Education Act, Americans with Disabilities Act, and §504 of the Rehabilitation Act of 1973, as appropriate.</text> </paragraph> <paragraph num="C."> <text>Concurrent delivery of instructional services and enrollment in a public school shall be provided for a student whose physical or emotional condition requires the student to be absent from school on an intermittent basis. These conditions include, but are not limited to, kidney failure, cancer, asthma, cystic fibrosis, sickle cell anemia, depression, and bipolar disorder.</text> </paragraph> <paragraph num="D."> <text>Instructional services shall be provided to an identified student with disabilities in accordance with federal and State special education law and regulations, including COMAR 13A.05.01. The student and parents shall be involved in the process and are entitled to all rights and due process procedures included within these laws and regulations.</text> </paragraph> <paragraph num="E."> <text>Excluded from these regulations are the home-based programs operated through the Office for Children and the Maryland Infants and Toddlers Program for the birth through 2-year-old disabled population and Home Instruction under COMAR 13A.10.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Local school system” means the public school system in which the student is enrolled, or for an identified student with disabilities, the public school system that has responsibility for the education of the student.</text> </paragraph> <paragraph num="(2)"> <text>“Nurse practitioner” means a nationally board certified, advance practice nurse with a master’s or doctorate degree who, by reason of certification under COMAR 10.27.07, may practice in Maryland as a nurse practitioner under the terms of that chapter or, if out-of-State, as a nurse practitioner in the state in which services are provided.</text> </paragraph> <paragraph num="(3)"> <text>“Psychiatric mental health nurse practitioner” means an advanced practice registered nurse, possessing a master’s or doctorate degree, who, by reason of national certification under COMAR 10.27.12, is recognized as being trained and certified to diagnose and treat individuals who have mental health needs and substance abuse issues.</text> </paragraph> <paragraph num="(4)"> <text>“Therapeutic treatment center” means any day or residential facility, licensed by a unit of State government, providing treatment for medical, physical, or emotional conditions including drug or alcohol dependency, or both.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Responsibility of Local School Systems."> <paragraph num="A."> <text>Nature.</text> <paragraph num="(1)"> <text>Each local school system shall make instructional services available to students who are unable to participate in their school of enrollment for those reasons set forth in this chapter. In making instructional services available, local school systems shall consult with any of the following as deemed necessary:</text> <paragraph num="(a)"> <text>Parent;</text> </paragraph> <paragraph num="(b)"> <text>Guardian;</text> </paragraph> <paragraph num="(c)"> <text>Student;</text> </paragraph> <paragraph num="(d)"> <text>Psychologist;</text> </paragraph> <paragraph num="(e)"> <text>Physician;</text> </paragraph> <paragraph num="(f)"> <text>Psychiatrist; and</text> </paragraph> <paragraph num="(g)"> <text>Nurse practitioner.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Instructional services, as outlined in this chapter, shall be available to all students during convalescence or treatment time in a medical institution, or therapeutic treatment center, and at the student's place of residence, or all of these.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Service Delivery.</text> <paragraph num="(1)"> <text>Each local school system shall:</text> <paragraph num="(a)"> <text>Determine the manner in which instructional services shall be delivered to a student;</text> </paragraph> <paragraph num="(b)"> <text>Develop safety procedures, including training, to ensure an appropriately supervised safe environment for teachers and students; and</text> </paragraph> <paragraph num="(c)"> <text>Develop a review process to resolve any disagreement that arises in the implementation of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Instructional services as outlined in this chapter shall be delivered by an individual possessing a minimum of a bachelor’s degree from an institution of higher education as defined in COMAR 13A.12.01.02B. This requirement does not apply to an individual who has demonstrated satisfactory performance as a home and hospital teacher in a local school system before July 1, 2001.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Delivery Options. The local school system may:</text> <paragraph num="(1)"> <text>Provide directly instructional services to a student;</text> </paragraph> <paragraph num="(2)"> <text>Contract with private providers to deliver instructional services;</text> </paragraph> <paragraph num="(3)"> <text>Contract with other local school systems to provide instructional services; or</text> </paragraph> <paragraph num="(4)"> <text>Combine any of the delivery options described in §C(1)—(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Attendance and Time of Instruction.</text> <paragraph num="(1)"> <text>A local school system shall either maintain a student on the regular school roll and count the student as present, except when a student is not available for the scheduled instructional service, in which event the student is counted absent, or establish a school for record-keeping purposes called a home and hospital school with a local school number. In the latter event, a student identified for home and hospital teaching shall be withdrawn from the roll of the school the student attends and transferred to the roll of the home and hospital school. The student shall be counted as present, except when the student is not available for the scheduled instructional service. In this instance, the student is counted absent.</text> </paragraph> <paragraph num="(2)"> <text>The length of instruction for students in a full-day program is a minimum of 6 hours a week.</text> </paragraph> <paragraph num="(3)"> <text>The length of instruction for students in half-day programs is a minimum of 3 hours a week.</text> </paragraph> <paragraph num="(4)"> <text>A local school system shall determine the need for service and begin instruction as soon as possible, but not later than 10 school calendar days following the:</text> <paragraph num="(a)"> <text>Notification to the local school system of the inability of the student to attend the school of enrollment; and</text> </paragraph> <paragraph num="(b)"> <text>Receipt of the verification of the need for services as provided in Regulation .04 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Verification Procedures."> <paragraph num="A."> <text>The local school system shall determine initial service need through verification of the physical condition, including drug and alcohol dependency, by a licensed physician or certified nurse practitioner, or verification of emotional condition by a certified school psychologist, licensed psychologist, licensed psychiatrist, or licensed psychiatric mental health nurse practitioner.</text> </paragraph> <paragraph num="B."> <text>The student’s parent or guardian shall submit a statement from a practitioner designated in §A of this regulation verifying that the current physical or emotional condition prevents the student from participating in the students school of enrollment.</text> </paragraph> <paragraph num="C."> <text>Continuation of Service Need.</text> <paragraph num="(1)"> <text>Continuation of service need is subject to review and determination by the local school system and requires reverification of the physical or emotional condition in the manner set forth in §§A and B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §C(3) of this regulation, service need shall be reverified as follows:</text> <paragraph num="(a)"> <text>60 calendar days after the initial determination of eligibility and every 60 days thereafter; or</text> </paragraph> <paragraph num="(b)"> <text>Sooner at the request of the parent, guardian, or local school system.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Service need shall be reverified annually for students who receive concurrent delivery of instructional services pursuant to Regulation .01C of this chapter.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 6-704, 7-101, 7-301, and 8-403, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 4, 1994 (21:13 Md. R. 1158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C, E amended effective February 16, 2015 (42:3 Md. R. 317)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 1, 2023 (50:8 Md. R. 339)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 16, 2015 (42:3 Md. R. 317)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective May 1, 2023 (50:8 Md. R. 339)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective June 3, 1996 (23:11 Md. R. 810)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 16, 2015 (42:3 Md. R. 317)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective May 1, 2023 (50:8 Md. R. 339)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective February 16, 2015 (42:3 Md. R. 317)</annotation> </annotations> </chapter> <chapter num="06" heading="Universal Design for Learning"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to promote the application of Universal Design for Learning (UDL) principles to maximize learning opportunities for students, including students with disabilities, students who are gifted and talented, and students who are English language learners, and guide local school systems in the development of curriculum, instructional planning, instructional delivery, material selection, and assessment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to local school systems that provide educational services to children, prekindergarten through grade 12.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>A framework of UDL principles and guidelines as set forth in “A Route for Every Learner, 2011” is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Materials” means the various media used by:</text> <paragraph num="(a)"> <text>Educators to present and assess learning content; and</text> </paragraph> <paragraph num="(b)"> <text>Students to demonstrate knowledge and skill.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Universal Design for Learning (UDL)” means a research-based framework for curriculum design, that includes goals, methods, materials, and assessments to reduce barriers to learning by providing students multiple accessible support options for:</text> <paragraph num="(a)"> <text>Acquiring information and knowledge;</text> </paragraph> <paragraph num="(b)"> <text>Demonstrating knowledge and skills in alternative forms of action and expression; and</text> </paragraph> <paragraph num="(c)"> <text>Engaging in learning.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Integration of UDL Guidelines and Principles."> <paragraph num="A."> <text>Beginning in the 2013—2014 school year, using the Maryland Common Core State Curriculum in English and mathematics as a model, local school systems shall use UDL guidelines and principles, consistent with Regulation .03 of this chapter, in the development or revision of curriculum.</text> </paragraph> <paragraph num="B."> <text>Beginning in the 2014—2015 school year, local school systems shall use UDL guidelines and principles, consistent with Regulation .03 of this chapter, in the development and provision of:</text> <paragraph num="(1)"> <text>Curriculum;</text> </paragraph> <paragraph num="(2)"> <text>Instructional materials;</text> </paragraph> <paragraph num="(3)"> <text>Instruction;</text> </paragraph> <paragraph num="(4)"> <text>Professional development; and</text> </paragraph> <paragraph num="(5)"> <text>Student assessments.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Criteria for Selection of Instructional Materials."> <text>Local school systems shall select instructional materials that meet:</text> <paragraph num="A."> <text>The accessibility requirements as described in COMAR 13A.05.02.13H as they pertain to technology-based instructional products; and</text> </paragraph> <paragraph num="B."> <text>The UDL guidelines, consistent with Regulation .03 of this chapter, in order to provide multiple options for:</text> <paragraph num="(1)"> <text>Representation, including:</text> <paragraph num="(a)"> <text>Perception;</text> </paragraph> <paragraph num="(b)"> <text>Language, mathematical expressions and symbols; and</text> </paragraph> <paragraph num="(c)"> <text>Comprehension;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Action and Expression, including:</text> <paragraph num="(a)"> <text>Physical action;</text> </paragraph> <paragraph num="(b)"> <text>Expression and communication; and</text> </paragraph> <paragraph num="(c)"> <text>Executive functions; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Engagement, including:</text> <paragraph num="(a)"> <text>Recruiting interest;</text> </paragraph> <paragraph num="(b)"> <text>Sustaining effort and persistence; and</text> </paragraph> <paragraph num="(c)"> <text>Self-regulation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Certification Procedures."> <paragraph num="A."> <text>Beginning with the 2014—2015 school year, local school system superintendents shall certify in writing to the State Superintendent of Schools that UDL principles and guidelines, consistent with Regulation .03 of this chapter, are used for ongoing curriculum development.</text> </paragraph> <paragraph num="B."> <text>Certification will be required every 3 years, thereafter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(c) and (h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 20, 2012 (39:16 Md. R. 1081)</annotation> </annotations> </chapter> <chapter num="07" heading="Maryland Seal of Biliteracy Program"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <text>Recognizing that high school graduates who can function in two or more languages are equipped with the knowledge and skills to participate successfully in college, careers, and a diverse 21st century society, the Maryland Seal of Biliteracy Program is established to recognize and reward excellence in language learning as measured by rigorous proficiency assessments across a range of language skills.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Multilingual learner” has the meaning stated in COMAR 13A.05.07.02.</text> </paragraph> <paragraph num="(2)"> <text>“World language” means any natural language, including American Sign Language, native American languages, and languages no longer spoken (e.g., Latin and ancient Greek).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Local School System Participation and Student Eligibility."> <paragraph num="A."> <text>Local School System Participation.</text> <paragraph num="(1)"> <text>Participation in the program by a local public school system is voluntary.</text> </paragraph> <paragraph num="(2)"> <text>An individual school may not opt out of participation in a local school system program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Student Eligibility.</text> <paragraph num="(1)"> <text>The pool of students eligible to apply includes any public school student in a participating local school system who demonstrates proficiency in one or more languages in addition to English.</text> </paragraph> <paragraph num="(2)"> <text>The pool of students shall include multilingual learners and any student who has acquired or is acquiring a world language at school, home, or in the community.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Demonstrating Proficiency in English and World Languages."> <text>To receive a Maryland Seal of Biliteracy, the student shall:</text> <paragraph num="A."> <text>Meet one of the assessment requirements from the Department’s approved list of English language arts/literacy assessments for the Maryland Seal of Biliteracy; and</text> </paragraph> <paragraph num="B."> <text>Meet one of the assessment requirements from the Department’s approved list of world language assessments for the Maryland Seal of Biliteracy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Awarding the Maryland Seal of Biliteracy."> <paragraph num="A."> <text>The student shall provide official test results to the local school system.</text> </paragraph> <paragraph num="B."> <text>The local school system shall validate the assessment results and affix the Seal of Biliteracy to the student’s diploma or transcript at graduation, at no cost to the student.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Data Collection."> <text>The local school system shall collect and provide data to the Department on implementation of the program, including:</text> <paragraph num="A."> <text>The number of Seals awarded;</text> </paragraph> <paragraph num="B."> <text>The languages of the Seals awarded;</text> </paragraph> <paragraph num="C."> <text>The race, ethnicity, gender, and multilingual learner status of each Seal recipient; and</text> </paragraph> <paragraph num="D."> <text>Any other demographic factors for each Seal recipient as identified by the Department.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §7-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 13, 2017 (44:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective September 15, 2025 (52:18 Md. R. 924)</annotation> </annotations> </chapter> <chapter num="08" heading="Students at Risk for Reading Difficulties"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations establish the screening of students enrolled in kindergarten through third grade who may be at risk for reading difficulties, the provision of supplemental reading instruction for identified students, and annual reporting requirements.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Diagnostic survey” means an assessment tool that identifies areas of need within a student’s mastery of reading skills, foundational skills, or both to guide intervention.</text> </paragraph> <paragraph num="(3)"> <text>“Evidence-based” means a program or practice that has demonstrated a statistically significant effect on improving student outcomes or other relevant outcomes based on well-designed and well-implemented studies, quasi-experimental studies, or correlational studies with statistical control for selection bias.</text> </paragraph> <paragraph num="(4)"> <text>“Fluency” means reading accuracy and rate, including oral accuracy, prosody, intonation, and automaticity.</text> </paragraph> <paragraph num="(5)"> <text>“IEP” means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(6)"> <text>“IEP team” has the meaning stated in COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(7)"> <text>Multi-Tiered System of Supports.</text> <paragraph num="(a)"> <text>“Multi-tiered system of supports” means a proactive framework that aims to foster growth by ensuring that all students receive academic, behavioral, and social-emotional supports that they need to be successful.</text> </paragraph> <paragraph num="(b)"> <text>“Multi-tiered system of supports” utilizes multiple data points to identify students requiring intervention through three tiers of support.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words.</text> </paragraph> <paragraph num="(9)"> <text>“Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent.</text> </paragraph> <paragraph num="(10)"> <text>“Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset-rime, and phonemes.</text> </paragraph> <paragraph num="(11)"> <text>“Progress monitoring” means a measurement procedure used at specified time intervals to measure a student’s response to instruction or intervention.</text> </paragraph> <paragraph num="(12)"> <text>“Rapid automatic naming” means how quickly individual students can name letters, digits, or symbols.</text> </paragraph> <paragraph num="(13)"> <text>“Reading difficulties” means a student’s challenges with decoding, language comprehension, or both, which affect their ability to achieve grade-level reading proficiency.</text> </paragraph> <paragraph num="(14)"> <text>“Screening instrument” means a brief, valid, and reliable measurement used to identify or predict whether a student may be at risk for poor learning outcomes.</text> </paragraph> <paragraph num="(15)"> <text>“Student reading improvement plan” means a personalized plan to help students improve their reading skills that includes assessments, goals, instruction, and monitoring.</text> </paragraph> <paragraph num="(16)"> <text>“Supplemental reading instruction” means evidence-based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills, including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum.</text> </paragraph> <paragraph num="(17)"> <text>“Tier I” means core instruction aligned with grade level standards.</text> </paragraph> <paragraph num="(18)"> <text>“Tier II” means supplemental instruction intended for students who have not made sufficient progress through Tier I instruction.</text> </paragraph> <paragraph num="(19)"> <text>“Tier III” means intensive supplemental instruction that is individualized based on severe and persistent learning or social-emotional needs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Screening."> <paragraph num="A."> <text>Each local school system shall ensure that all students enrolled in kindergarten, first grade, second grade, and third grade are screened to identify if the student is at risk for reading difficulties and provided supplemental reading instruction aligned to the results of the screening instrument.</text> </paragraph> <paragraph num="B."> <text>The local school system shall screen the students identified in §A of this regulation three times each school year including once in the fall, winter, and spring.</text> </paragraph> <paragraph num="C."> <text>The local school system shall establish the screening schedule and require the first screening identified in §B of this regulation to occur within the first 60 calendar days of the beginning of the school year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Screening Instrument and Delivery."> <paragraph num="A."> <text>Upon registration of a student or identification of a student at risk for reading difficulties, the local school system shall provide to the parent or guardian of the student the following:</text> <paragraph num="(1)"> <text>A written description of the screening and supplemental instruction process in the local school system; and</text> </paragraph> <paragraph num="(2)"> <text>Any checklists or screening instrument-specific forms required to support the screening protocol and supplemental instruction process.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Department will provide a list of approved screening instruments for the local school systems.</text> </paragraph> <paragraph num="C."> <text>The approved screening instruments shall:</text> <paragraph num="(1)"> <text>Accurately and reliably identify students at risk for poor learning outcomes;</text> </paragraph> <paragraph num="(2)"> <text>Be developmentally appropriate;</text> </paragraph> <paragraph num="(3)"> <text>Be economical to administer based on time and cost; and</text> </paragraph> <paragraph num="(4)"> <text>Use norm-referenced or criterion-based scores.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The screening required under this regulation shall be conducted by any of the following trained school personnel:</text> <paragraph num="(1)"> <text>Classroom teacher;</text> </paragraph> <paragraph num="(2)"> <text>School psychologist;</text> </paragraph> <paragraph num="(3)"> <text>Reading specialist;</text> </paragraph> <paragraph num="(4)"> <text>Special education teacher;</text> </paragraph> <paragraph num="(5)"> <text>Speech-language pathologist;</text> </paragraph> <paragraph num="(6)"> <text>Reading interventionist; or</text> </paragraph> <paragraph num="(7)"> <text>Any other educator trained to use appropriate screening instruments.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The appropriate grade-level screening instrument shall measure, at minimum:</text> <paragraph num="(1)"> <text>Phonological and phonemic awareness;</text> </paragraph> <paragraph num="(2)"> <text>Sound-symbol recognition;</text> </paragraph> <paragraph num="(3)"> <text>Decoding;</text> </paragraph> <paragraph num="(4)"> <text>Fluency; and</text> </paragraph> <paragraph num="(5)"> <text>Rapid automatic naming.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Screening Data and Supplemental Reading Instruction."> <paragraph num="A."> <text>For only the 2025—2026 school year, §§B—E of this regulation shall apply to the local school systems.</text> </paragraph> <paragraph num="B."> <text>If the results of screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties:</text> <paragraph num="(1)"> <text>Within 30 calendar days of the screening, the local school system shall notify the parent or guardian of the student in writing of the screening results and a description of the supplemental reading instruction that will be provided to the student; and</text> </paragraph> <paragraph num="(2)"> <text>The local school system shall develop a supplemental reading instructional plan to address the student’s identified areas of need.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The supplemental instruction shall take place within the school day.</text> </paragraph> <paragraph num="D."> <text>Evidence-based supplemental instruction shall be based on data and aligned with the specific areas of deficit for students identified at risk.</text> </paragraph> <paragraph num="E."> <text>The local school system may revise supplemental instruction based upon progress monitoring and the student’s placement in an appropriate multi-tiered system of supports.</text> </paragraph> <paragraph num="F."> <text>Beginning in the 2026—2027 school year, §§G—K of this regulation shall apply to the local school systems.</text> </paragraph> <paragraph num="G."> <text>If the results of a screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties, the local school system shall:</text> <paragraph num="(1)"> <text>Administer a diagnostic survey to determine the best targeted instruction;</text> </paragraph> <paragraph num="(2)"> <text>Notify the parent or guardian of the student, consistent with §H of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Subject to §K of this regulation, develop a Student Reading Improvement Plan to document the student’s identified areas of need and appropriate supplemental reading instruction, consistent with §§I and J of this regulation.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Parent or Guardian Notification.</text> <paragraph num="(1)"> <text>Within 30 days of the screening, the local school system shall provide written notification to the parent or guardian that includes:</text> <paragraph num="(a)"> <text>An explanation that their child has been identified as having difficulties in reading; and</text> </paragraph> <paragraph num="(b)"> <text>An invitation to collaborate on the development of a Student Reading Improvement Plan with the teacher, principal or designee, and/or other pertinent school personnel.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The notification must be provided in family-friendly language.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Student Reading Improvement Plan.</text> <paragraph num="(1)"> <text>The local school system shall develop a student reading improvement plan no later than 30 days after identifying a student at risk of reading difficulties.</text> </paragraph> <paragraph num="(2)"> <text>The student reading improvement plan shall be created in partnership with the parent or guardian by the teacher, principal or designee, or other pertinent school personnel.</text> </paragraph> <paragraph num="(3)"> <text>The student reading improvement plan shall be documented on a template that meets the requirements set by the Department to include:</text> <paragraph num="(a)"> <text>The evidence-based reading intervention program the student will receive to remedy the reading deficit;</text> </paragraph> <paragraph num="(b)"> <text>The necessary frequency and intensity of interventions to remediate the identified areas of need and accelerate learning; and</text> </paragraph> <paragraph num="(c)"> <text>A description of how the student will receive intensive reading intervention until the student no longer demonstrates difficulty in reading as determined by the LEA’s approved system of assessment.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The student reading improvement plan shall be reviewed and updated at least once annually with the parent or guardian of the student.</text> </paragraph> <paragraph num="(5)"> <text>The local school system shall provide a copy of the student reading improvement plan to the parent or guardian.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Supplemental Instruction and Multi-Tiered System of Supports.</text> <paragraph num="(1)"> <text>Each local school system shall develop a multi-tiered system of supports consistent with guidance issued by the Department.</text> </paragraph> <paragraph num="(2)"> <text>The multi-tiered system of supports shall include:</text> <paragraph num="(a)"> <text>Program-specific progress monitoring system and tools to collect and analyze intervention data to make instructional decisions;</text> </paragraph> <paragraph num="(b)"> <text>Home partnerships with parents or guardians as an integral part of the decision-making team; and</text> </paragraph> <paragraph num="(c)"> <text>Supports that address a student’s identified needs with varying intensity and duration across the three tiers.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The supplemental instruction shall be provided within the local school system’s multi-tiered system of supports.</text> </paragraph> <paragraph num="(4)"> <text>In addition to Tier I instruction, supplemental instruction shall be provided through Tier II and Tier III interventions utilizing a reading program aligned with the science of reading.</text> </paragraph> <paragraph num="(5)"> <text>All students, including multilingual learners and students with disabilities, must be provided with access to all levels of tiered instruction.</text> </paragraph> <paragraph num="(6)"> <text>The supplemental instruction shall take place within the school day.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Students with an IEP.</text> <paragraph num="(1)"> <text>If a student has an IEP, the IEP team should review the results of the screening instrument and diagnostic survey to determine whether the student’s IEP will be updated.</text> </paragraph> <paragraph num="(2)"> <text>If an update is necessary, the IEP team shall incorporate the data and information that would have been used to develop a Student Reading Improvement Plan.</text> </paragraph> <paragraph num="(3)"> <text>This chapter may not delay or deny a student who may be suspected of having a disability from the appropriate evaluation under the Individuals with Disabilities Education Act.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Progress Monitoring."> <paragraph num="A."> <text>The local school system shall set an individualized review schedule of the supplemental reading instruction for each student at intervals of not more than 30 days for progress monitoring.</text> </paragraph> <paragraph num="B."> <text>The student’s parent or guardian will receive written progress reports quarterly or upon revisions to supplemental instruction.</text> </paragraph> <paragraph num="C."> <text>The local school system may determine the student reading improvement plan is completed when the student has achieved grade level reading standards based upon age-appropriate re-screening.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Reporting Requirements."> <paragraph num="A."> <text>Each local school system shall provide resources on the school system website that includes:</text> <paragraph num="(1)"> <text>Reading screening instruments used in the local school system; and</text> </paragraph> <paragraph num="(2)"> <text>A checklist of early warning signs by age of reading difficulties and dyslexia.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On or before September 1, each year, all local school systems shall provide a report to the Maryland State Department of Education with the following information from the previous school year:</text> <paragraph num="(1)"> <text>The total number of students in kindergarten through third grade, by grade level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals;</text> </paragraph> <paragraph num="(2)"> <text>The number of students in kindergarten through third grade, by grade level, who were screened at each level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals;</text> </paragraph> <paragraph num="(3)"> <text>The number of students in kindergarten through third grade identified through a screening instrument as at risk for reading difficulties, disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals; and</text> </paragraph> <paragraph num="(4)"> <text>The number of students in kindergarten through third grade, by grade level, identified as at risk for reading difficulties who received supplemental reading instruction disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §4-136(i), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 26, 2021 (48:15 Md. R. 593)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 — .08 repealed and new Regulations .01 — .07 adopted effective March 30, 2026 (53:6 Md. R. 291)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="Specific Subjects"> <chapter num="01" heading="Programs in Computer Science, Engineering, or Technology Education"> <regulation prefix="Regulation" num=".01" heading="Requirements for Computer Science, Engineering, or Technology Education Instructional Programs."> <paragraph num="A."> <text>Each local school system shall offer a computer science, engineering, or technology education program in grades 9—12 which shall enable students to:</text> <paragraph num="(1)"> <text>Meet graduation requirements; and</text> </paragraph> <paragraph num="(2)"> <text>Select computer science, engineering, or technology electives or career and technical education (CTE) programs of study.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Computer Science, Engineering, or Technology Education Program. The comprehensive instructional program shall:</text> <paragraph num="(1)"> <text>Provide for the diversity of student needs, abilities, and interests in the high school learning years; and</text> </paragraph> <paragraph num="(2)"> <text>Include the Maryland K—12 Computer Science Standards and/or Standards for Technological and Engineering Literacy.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Curriculum Documents. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local school system shall provide computer science, engineering, or technology education curriculum documents for the secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards set forth in §B of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the State standards, as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Student Participation. Each student shall have the opportunity to participate in the computer science, engineering, or technology education program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2007, and each 5 years after that, each local superintendent of schools shall have certified to the State’s Superintendent of Schools that the instructional programming within grades 9—12 meets, at a minimum, the requirements set forth in Regulation .01B—C of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(c) and (h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1970</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 15, 1989 (15:27 Md. R. 3132)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02, Family Life and Human Development, repealed effective May 13, 1991 (18:9 Md. R. 1009)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04, Program in Technology Education, adopted effective August 2, 1993 (20:15 Md. R. 1220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 1, 1999 (26:22 Md. R. 1694)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01 and .02 adopted effective December 19, 2005 (32:25 Md. R. 1942)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01I amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> </annotations> </chapter> <chapter num="02" heading="Secondary School Career and Technical Education"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Each local school system shall assure that students have equal access to career and technical education programs without regard to sex, race, color, national origin, physical or mental disability, age, socioeconomic status, academic disadvantages, economic disadvantages, or limited English-speaking ability. Each local school system shall further assure that career and technical education programs are readily available to students from all geographic sections of the local school system.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall make career awareness, exploratory career experiences, career and technical student organizations, and unbiased program information equally available to students in accordance with §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Each local school system that develops career and technical education programs shall do so in accordance with the career and technical education development standards in Regulation .03A of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Articulation agreement” means a written commitment as described in the Carl D. Perkins Career and Technical Education Act, Public Law 109-270 (2006).</text> </paragraph> <paragraph num="(2)"> <text>“Career and technical education (CTE) enrollee” means a student who is enrolled in at least one course which is part of an identified CTE completer program.</text> </paragraph> <paragraph num="(3)"> <text>“Career and technical student organization” means an organization for individuals enrolled in CTE programs of study that engages students in co-curricular CTE learning experiences as an integral part of the instructional program, is approved by the Maryland State Department of Education, and adheres to Policies and Procedures for Implementing Career and Technical Student Organizations in Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“CTE concentrator” means aat the secondary level who completes two courses in a single CTE program of study and has enrolled in the third sequential course in a single CTE program of study.</text> </paragraph> <paragraph num="(5)"> <text>“CTE completer” means a student who meets all requirements outlined in the State-approved proposal for a CTE completer program.</text> </paragraph> <paragraph num="(6)"> <text>“Eligible recipient” means an entity that meets the requirements of the Carl D. Perkins Career and Technical Education Act, Public Law 109-270 (2006), and federal amendments of the law, and Education Article, §§2-205(h) and 21-203, Annotated Code of Maryland, which are incorporated by reference.</text> </paragraph> <paragraph num="(7)"> <text>“Liquidation” means the elimination of financial obligations.</text> </paragraph> <paragraph num="(8)"> <text>“Value-added opportunities” means advanced standing at the postsecondary level, industry certification, or guaranteed apprenticeship or employment placement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Career and Technical Education Development Standards."> <text>CTE Programs shall be:</text> <paragraph num="A."> <text>Developed by the Maryland State Department of Education (MSDE) and/or local school system and implemented to increase the academic, career, and technical skills of students in order to prepare them for careers and further education;</text> </paragraph> <paragraph num="B."> <text>Aligned to high-skill, high-wage, or in-demand occupations;</text> </paragraph> <paragraph num="C."> <text>Developed to provide opportunities for student to earn industry-recognized credentials or postsecondary credits;</text> </paragraph> <paragraph num="D."> <text>Developed to provide opportunities for students to engage in work-based learning experiences that require the application of academic and technical knowledge and skills in a work setting;</text> </paragraph> <paragraph num="E."> <text>Developed in collaboration with all relevant stakeholder groups, including industry and postsecondary partners to meet State or local workforce needs;</text> </paragraph> <paragraph num="F."> <text>Organized under broad career clusters, based on all aspects of an industry and designed to help students make informed decisions regarding career pathways;</text> </paragraph> <paragraph num="G."> <text>Developed to include opportunities for students to participate in state-approved, co-curricular career and technical student organizations aligned with career and technical education programs of study;</text> </paragraph> <paragraph num="H."> <text>Developed to include value-added opportunities based on current and projected economic market demands;</text> </paragraph> <paragraph num="I."> <text>Developed to prepare students for both college and careers through the completion of a planned sequential program of study that blends academic, technical, and workplace skills;</text> </paragraph> <paragraph num="J."> <text>Developed to include a coherent set of academic, employability, and technical skills, based on national and State standards that provide students moving directly to employment with a value-added competitive advantage;</text> </paragraph> <paragraph num="K."> <text>Developed to provide multiple options for students as they prepare for entry into careers and further education through articulation agreements, supervised work-based learning opportunities, and industry-mentored or capstone projects;</text> </paragraph> <paragraph num="L."> <text>Based upon the reporting and use of outcome data, such as academic and technical skill attainment, placement and retention in employment, the military or postsecondary programs, for a means of upgrading programs and increasing student performance; and</text> </paragraph> <paragraph num="M."> <text>Developed to meet federal requirements defined by the Carl D. Perkins Career and Technical Education Act, Public Law 109—270 (2006) and federal amendments of the law and the federal Methods of Administration Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Enrollment Criteria."> <paragraph num="A."> <text>Each local school system and each community college shall describe in the annual local application how it assures that students have equal access to career and technical education programs without regard to sex, race, color, national origin, physical or mental disability, age, socioeconomic status, academic disadvantages, economic disadvantages, or limited English-speaking ability.</text> </paragraph> <paragraph num="B."> <text>Each local school system and community college shall further assure that career and technical education programs are readily available to students from all geographic sections of the local school system and community college area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection Criteria."> <text>Each local school system:</text> <paragraph num="A."> <text>Shall establish criteria for the selection of applicants for enrollment in career and technical education programs in accordance with Regulation .01A of this chapter;</text> </paragraph> <paragraph num="B."> <text>Shall give priority to enrolling students who intend to seek employment in a related career upon completion of the programs;</text> </paragraph> <paragraph num="C."> <text>May not exclude students who are concurrently preparing for employment in a related career and further education; and</text> </paragraph> <paragraph num="D."> <text>Shall make career and technical student organizations, career awareness, exploratory career experiences, and program information equally available to students in accordance with Regulation .01B of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Federal Funds."> <paragraph num="A."> <text>Requirements. The State Board of Education shall implement the requirements of the Carl D. Perkins Career and Technical Education Act, Public Law 109-270 (2006). Each eligible recipient, as defined by the Carl D. Perkins Career and Technical Education Act, shall comply with these requirements in order to receive and expend federal funds.</text> </paragraph> <paragraph num="B."> <text>Application for Funds.</text> <paragraph num="(1)"> <text>An eligible recipient requesting federal funds for career and technical education programs shall submit an application annually to the State Department of Education on a form prescribed by the State Superintendent of Schools. The application shall:</text> <paragraph num="(a)"> <text>Contain assurances that both the requirements of Education Article, §2-205(h), Annotated Code of Maryland, and this regulation are met;</text> </paragraph> <paragraph num="(b)"> <text>Include a completed CTE Comprehensive Local Needs Assessment evaluating access, equity, and student performance;</text> </paragraph> <paragraph num="(c)"> <text>Identify the programs to receive federal funds for career and technical education, which shall be restricted to career and technical programs that are:</text> <paragraph num="(i)"> <text>Approved by the State Department of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Focused on the development, coordination, implementation, or improvement of CTE; and</text> </paragraph> <paragraph num="(iii)"> <text>Related to access, equity, student performance, labor market, workforce, and economic development needs, particularly in high wage, high skill, and in-demand occupations as identified in the CTE Comprehensive Local Needs Assessment;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Set forth a plan that targets funds to address eligible recipients priority needs identified through data and analysis;</text> </paragraph> <paragraph num="(e)"> <text>Identify the proposed expenditures for each program; and</text> </paragraph> <paragraph num="(f)"> <text>Include the expected and measurable outcomes resulting from proposed expenditures.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Collaborative Planning. An eligible recipient shall use a collaborative planning process to ensure the participation of all groups involved in local planning and assessment for career and technical education. These groups include, but are not limited to, the local advisory council, program advisory committees, local workforce investment boards, and local economic development personnel, as well as representatives from secondary and postsecondary instructional areas, guidance and counseling, special education, student support services, and Workforce Innovation and Opportunity Act programs.</text> </paragraph> <paragraph num="(3)"> <text>Maintenance of Fiscal Effort.</text> <paragraph num="(a)"> <text>Payments may not be made to any eligible recipient unless the State determines that its expenditures of general funds per student or aggregate fiscal effort for career and technical education in the fiscal year preceding the fiscal year for which the determination is made equaled or exceeded its effort for career and technical education for the second preceding fiscal year.</text> </paragraph> <paragraph num="(b)"> <text>If fiscal effort cannot be maintained, the eligible recipient may request a waiver in writing. The request for waiver shall be submitted to the Assistant State Superintendent, Division of Career and College Readiness, Maryland State Department of Education, not later than June 30 of the fiscal year in which effort cannot be maintained. The Assistant State Superintendent may grant a request for waiver of maintenance of effort for good cause.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Financial Reporting Requirements.</text> <paragraph num="(a)"> <text>Financial reports shall be submitted according to the forms and procedures in the “Financial Reporting Manual for Maryland Public Schools”, which is incorporated by reference in COMAR 13A.02.01.02C.</text> </paragraph> <paragraph num="(b)"> <text>An eligible recipient shall submit an Annual Financial Report of Expenditures to the State Department of Education not later than September 30 of each year. The report shall include expenditures, source year of funds, and State, local, and federal expenditures during the fiscal year. The Maintenance of Fiscal Effort figure is also reported and it represents the official Maintenance of Effort figure for the eligible recipient. The State Department of Education may withhold CTE payments from an eligible recipient that does not submit this report by the specified date.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Liquidation of Financial Obligations.</text> <paragraph num="(a)"> <text>The liquidation of financial obligations incurred in a given fiscal year shall be completed within 90 calendar days after the end of the grant period.</text> </paragraph> <paragraph num="(b)"> <text>The unused balance of funds granted to the eligible recipient which is remaining after the 90 calendar day liquidation period shall be refunded immediately to the State Department of Education.</text> </paragraph> <paragraph num="(c)"> <text>If obligations cannot be eliminated within the 90 calendar day liquidation period, the eligible recipient may request, in writing, an extension of the liquidation period as follows:</text> <paragraph num="(i)"> <text>The request for extension shall be submitted to the Assistant State Superintendent, Division of Career and College Readiness, Maryland State Department of Education, at least 15 calendar days before the end of the liquidation period; and</text> </paragraph> <paragraph num="(ii)"> <text>The Assistant State Superintendent may approve a request for extension for good cause.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Equipment Management and Inventory. The Division of Career and College Readiness and each eligible recipient shall establish and maintain equipment inventories and appropriate record-keeping systems for equipment with an initial cost of $5,000 or more that was purchased with federal funds.</text> </paragraph> <paragraph num="(7)"> <text>Program Reports.</text> <paragraph num="(a)"> <text>Program reports shall be submitted by the eligible recipient according to a form prescribed by the Maryland State Department of Education and as identified on the Notice of Grant Award.</text> </paragraph> <paragraph num="(b)"> <text>Interim program reports are due no later than January 15 of each year.</text> </paragraph> <paragraph num="(c)"> <text>Final program reports are due July 31 of each year.</text> </paragraph> <paragraph num="(d)"> <text>Other required reports such as outcome data, enrollment files, work-based learning questionnaires, pregraduate surveys, verification of eligible programs, Pell grant recipients, including justification of greater or less than 5 percent variance if needed, local agreed-upon performance levels, and others as may be required are due by the date identified and provided to eligible recipients by the Maryland State Department of Education.</text> </paragraph> <paragraph num="(e)"> <text>The State Department of Education may withhold CTE payments from an eligible recipient that does not submit required reports by the specified date.</text> </paragraph> <paragraph num="(f)"> <text>For grants, applications, and other related items, spending authority becomes effective the first day of the month in which all required items have been submitted in approvable form.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Equity. An eligible recipient receiving federal funds shall comply with the provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, and shall provide information to the Division of Career and College Readiness, as requested, to demonstrate compliance.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(h) and 21-201—21-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 21, 1979 (6:19 Md. R. 1520)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01—.03 adopted effective August 7, 1989 (16:15 Md. R. 1651)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04 and .05 adopted as an emergency provision effective September 23, 1991 (18:21 Md. R. 2303); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); emergency status expired August 31, 1992 (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 9, 1992 (19:22 Md. R. 1989)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, C amended effective August 15, 1994 (21:16 Md. R. 1387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective August 15, 1994 (21:16 Md. R. 1387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective August 15, 1994 (21:16 Md. R. 1387); November 1, 1999 (26:22 Md. R. 1695); October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective August 15, 1994 (21:16 Md. R. 1387)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 7, 2016 (42:26 Md. R. 1595)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, D amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> </annotations> </chapter> <chapter num="03" heading="Driver Education Programs" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1970</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 23, 1975 (2:16 Md. R. 1138)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03—.05, .10 amended as an emergency provision effective August 28, 1981 (8:19 Md. R. 1561); emergency status expired January 16, 1982 (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03; .04A, B; .05; .09K; and .10D amended effective January 18, 1982 (9:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 repealed and new Regulations .01—.11 adopted effective April 3, 1989 (16:6 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective July 4, 1994 (21:13 Md. R. 1159)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective February 13, 2017 (44:3 Md. R. 189)</annotation> </annotations> </chapter> <chapter num="04" heading="Religious Education"> <regulation prefix="Regulation" num=".01" heading="Religious Education Not the Province of Public Schools."> <paragraph num="A."> <text>The State Board of Education recognizes that religious instruction is an invaluable part of the education of the students of the State for the duties of citizenship as well as for the attainment of complete manhood and womanhood.</text> </paragraph> <paragraph num="B."> <text>In this country, however, the public schools of the states have been limited by law or custom to so-called secular education, while freedom of religious instruction was granted to the home and various religious agencies.</text> </paragraph> <paragraph num="C."> <text>In accordance with this principle, the public schools of Maryland are liberally supported by all the citizens without regard to race, sect, or creed, and as a result of this policy they have reached their present state of efficiency. It appears also that this method of conducting the schools commends itself to the people of the State as a whole and is productive of satisfactory results.</text> </paragraph> <paragraph num="D."> <text>In view of these facts and conditions, and again recognizing the importance of religious training in the lives of all the citizens of the State, the State Board of Education believes it would be inexpedient to introduce the subject of religious education as a part of the school curriculum of the State.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(h),(i) and 7-104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 15, 1989 (15:27 Md. R. 3132)</annotation> </annotations> </chapter> <chapter num="05" heading="Education That Is Multicultural" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 29, 1970</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.04 adopted effective December 14, 1979 (6:25 Md. R. 1983)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 amended, Regulation .04 repealed and new Regulation .04 adopted effective January 15, 1989 (15:27 Md. R. 3132)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04, Ethnic and Cultural Minorities, repealed effective November 8, 1993 (20:21 Md. R. 1656)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07, Education That is Multicultural, adopted effective November 8, 1993 (20:21 Md. R. 1656)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective June 6, 1994 (21:11 Md. R. 952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05-1 adopted effective November 29, 1999 (26:24 Md. R. 1858)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05-1 repealed effective July 21, 2003 (30:14 Md. R. 937)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective November 29, 1999 (26:24 Md. R. 1858)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08, Education That is Multicultural, repealed effective November 18, 2019 (46:23 Md. R. 1066)</annotation> </annotations> </chapter> <chapter num="06" heading="Program of Instruction in Personal Financial Literacy"> <regulation prefix="Regulation" num=".01" heading="Requirements — Personal Financial Literacy Instructional Programs for Elementary, Middle, and High School Students."> <paragraph num="A."> <text>Each local school system shall provide in public schools an instructional program in personal financial literacy in the elementary, middle, and high school learning years.</text> </paragraph> <paragraph num="B."> <text>Personal Financial Literacy Program. The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years. Each local school system shall include the content standards in §§C-H of this regulation in its curriculum.</text> </paragraph> <paragraph num="C."> <text>Make Informed, Financially Responsible Decisions. Students shall apply financial literacy reasoning in order to make informed, financially responsible decisions.</text> </paragraph> <paragraph num="D."> <text>Relate Careers, Education and Income. Students shall relate choices regarding their education and career paths to earning potential.</text> </paragraph> <paragraph num="E."> <text>Plan and Manage Money. Students shall develop skills to plan and manage money effectively by identifying financial goals and developing spending plans.</text> </paragraph> <paragraph num="F."> <text>Manage Credit and Debt. Students shall develop skills to make informed decisions about incurring debt and maintaining creditworthiness.</text> </paragraph> <paragraph num="G."> <text>Create and Build Wealth. Students shall develop skills to plan and achieve long-term goals related to saving and investing in order to build financial security and wealth.</text> </paragraph> <paragraph num="H."> <text>Manage Risks and Preserve Wealth. Students shall develop financial planning skills to minimize financial setbacks.</text> </paragraph> <paragraph num="I."> <text>Curriculum Documents. Each local school system shall provide personal financial literacy curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards described in §§C-H of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the State curriculum as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Student Participation. Each student shall have the opportunity to participate in the personal financial literacy program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2011 and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional program in the elementary, middle, and high school learning years meets, at a minimum, the requirements set forth in Regulation .01C—H of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(b) and (c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 26, 2010 (37:15 Md. R. 999)</annotation> </annotations> </chapter> <chapter num="07" heading="Gifted and Talented Education"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Gifted and talented students are found in all Maryland schools and in all cultural, ethnic, and economic groups. The intent of this chapter is to provide local school systems with direction for identifying students and developing and implementing the gifted and talented education programs and services needed to develop these students’ full potential. These regulations establish the minimum standards for student identification, programs and services, professional learning, and reporting requirements.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Identification of Gifted and Talented Students."> <paragraph num="A."> <text>Each local school system shall establish an equitable process for identifying gifted and talented students as they are defined in Education Article, §8-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The identification pool for gifted and talented students shall encompass all students.</text> </paragraph> <paragraph num="C."> <text>The identification process shall use universal screening and multiple indicators of potential, ability, and achievement from an annually reviewed Maryland State Department of Education approved list of assessments and checklists.</text> </paragraph> <paragraph num="D."> <text>A universal screening process shall be used to identify a significant number of students in every school and at least 10 percent in each local school system, as early as possible, but no later than Grade 3. Additional identification shall occur at the 3—5 and 6—9 grade bands for participation in the programs and services described in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="E."> <text>Each school system shall:</text> <paragraph num="(1)"> <text>Document early evidence of advanced learning behaviors, PreK—2;</text> </paragraph> <paragraph num="(2)"> <text>Develop equitable policies for identification and a process for appeals that are clearly stated in writing, made public, and consistently implemented systemwide;</text> </paragraph> <paragraph num="(3)"> <text>Review the effectiveness of its identification process; and</text> </paragraph> <paragraph num="(4)"> <text>Provide ongoing professional learning for teachers, administrators, and other personnel in the identification procedures, characteristics, academic, and social-emotional needs of gifted and talented students.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Department shall:</text> <paragraph num="(1)"> <text>Review and approve each school system’s identification process to ensure compliance with this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Provide a Maryland’s Model of Gifted and Talented Education: Maryland Gifted and Talented Student Identification Requirements document that includes available State-mandated achievement assessments for gifted and talented screening for adoption by school systems without an approved identification process.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Programs and Services."> <paragraph num="A."> <text>Each school system shall provide different services beyond those normally provided by the regular school program from an annually reviewed Maryland State Department of Education approved list of programs and services in order to develop the gifted and talented student’s potential. Appropriately differentiated, evidenced-based programs and services shall accelerate, extend, or enrich instructional content, strategies, and products to demonstrate and apply learning.</text> </paragraph> <paragraph num="B."> <text>Each school system shall review the effectiveness of its programs and services.</text> </paragraph> <paragraph num="C."> <text>Each school system shall implement programs and services for gifted and talented students that:</text> <paragraph num="(1)"> <text>Provide a continuum of appropriately differentiated curriculum and evidence-based academic programs and services in grades PreK—12 during the regular school day for identified gifted and talented students.</text> </paragraph> <paragraph num="(2)"> <text>Provide programs and services to support the social and emotional growth of gifted and talented students.</text> </paragraph> <paragraph num="(3)"> <text>Provide programs and services to inform and involve parents/guardians of gifted and talented students.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Professional Learning."> <paragraph num="A."> <text>Teachers and other personnel assigned specifically to work with students who have been identified as gifted and talented shall engage in professional learning aligned with the competencies specified by the Gifted and Talented Education Specialist certification in COMAR 13A.12.03.12.</text> </paragraph> <paragraph num="B."> <text>Teachers who wish to pursue leadership roles in gifted and talented education shall be encouraged to obtain Gifted and Talented Education Specialist certification as defined in COMAR 13A.12.03.12.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="State Advisory Council."> <text>The State Superintendent of Schools shall maintain an Advisory Council for Gifted and Talented Education that shall advise the Superintendent on issues and best practices relevant to the education of gifted and talented students in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Monitoring and Reporting Requirements."> <paragraph num="A."> <text>Local school system superintendents may exempt specific schools from the requirement to identify a significant number of gifted and talented students.</text> </paragraph> <paragraph num="B."> <text>Beginning September 1, 2019, local school systems shall report in their consolidated local Every Student Succeeds Act (ESSA) plan:</text> <paragraph num="(1)"> <text>The process for identifying gifted and talented students;</text> </paragraph> <paragraph num="(2)"> <text>The number of gifted and talented students identified in each school;</text> </paragraph> <paragraph num="(3)"> <text>The percentage of gifted and talented students identified in the local school system;</text> </paragraph> <paragraph num="(4)"> <text>The schools that have been exempted from identification of a significant number of gifted and talented students and the rationale;</text> </paragraph> <paragraph num="(5)"> <text>The continuum of programs and services; and</text> </paragraph> <paragraph num="(6)"> <text>Data-informed goals, targets, strategies, and timelines.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Beginning September 1, 2019, the Maryland State Department of Education shall:</text> <paragraph num="(1)"> <text>Facilitate a peer-review of local school systems’ gifted and talented identification, programs, and services every 3 years; and</text> </paragraph> <paragraph num="(2)"> <text>Submit an annual report on the status and progress of gifted and talented students in Maryland to the State Board of Education.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 5-401(d), and 8-201—8-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 2, 2012 (39:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 15, 2019 (46:14 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 15, 2019 (46:14 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective July 15, 2019 (46:14 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 15, 2019 (46:14 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 15, 2019 (46:14 Md. R. 622)</annotation> </annotations> </chapter> <chapter num="08" heading="Program in Social Studies"> <regulation prefix="Regulation" num=".01" heading="Requirements for Social Studies Instructional Programs for Grades Prekindergarten — 12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in social studies each year for all students in grades prekindergarten—8; and</text> </paragraph> <paragraph num="(2)"> <text>Offer in public schools a social studies program in grades 9—12 which enables students to meet graduation requirements and to select social studies electives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Social Studies Program. The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years, and shall include the content standards set forth in the College, Career, and Civic Life (C3) Framework for Social Studies State Standards under §§C—H of this regulation.</text> </paragraph> <paragraph num="C."> <text>Social Studies Processes and Skills. Students shall inquire about civics, geography, economics, history, and people and nations of the world using disciplinary literacy skills and processes to critically evaluate content through a variety of source materials across disciplines and use reading, writing, and other forms of communication to develop, defend, and critique arguments in order to take informed action.</text> </paragraph> <paragraph num="D."> <text>Civics. Students shall inquire about the historical development of the fundamental concepts and processes of authority, power, and influence with particular emphasis on civic reasoning in order to become informed, responsible citizens, engage in the political process, and contribute to society.</text> </paragraph> <paragraph num="E."> <text>Peoples of the Nation and the World. Students shall inquire about the people of the United States and the world using a historically grounded, multidisciplinary approach in order to recognize multiple narratives and acknowledge the diversity and commonality of the human experience.</text> </paragraph> <paragraph num="F."> <text>Geography. Students shall inquire about the role of culture, technology, and the environment in the location, distribution, and impact of human activities using geographic tools and spatial thinking in order to demonstrate a significance of place.</text> </paragraph> <paragraph num="G."> <text>Economics. Students shall inquire about decisions made by individuals and groups using economic reasoning in order to understand the historical development and current status of economic principles, institutions, and processes needed to be effective citizens, consumers, and workers participating in local communities, the nation, and the world.</text> </paragraph> <paragraph num="H."> <text>History. Students shall inquire about significant events, ideas, beliefs, and themes to identify patterns and trends and to analyze how individuals and societies have changed over time to make connections to the present in their communities, Maryland, the United States, and the world.</text> </paragraph> <paragraph num="I."> <text>Curriculum Documents. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local system shall provide social studies curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards set forth in §§C—H of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the State Curriculum, as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Student Participation. Each student shall participate in the comprehensive social studies program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2005 and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(c) and (h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 1, 1982 (9:4 Md. R. 332)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3133)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 16, 2015 (42:3 Md. R. 317); August 24, 2020 (47:17 Md. R. 797)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01I amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> </annotations> </chapter> <chapter num="09" heading="Program in Science"> <regulation prefix="Regulation" num=".01" heading="Science Instructional Programs for Grades Prekindergarten — 12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in science each year for all students in grades prekindergarten—8; and</text> </paragraph> <paragraph num="(2)"> <text>Offer in public schools a science program in grades 9—12 which enables students to meet graduation requirements and to select science electives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Science Program. The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years, and shall include all the Maryland College- and Career-Ready Next Generation Science Standards (NGSS) for all students as set forth in §§C—H of this regulation.</text> </paragraph> <paragraph num="C."> <text>Science and Engineering Practices. Students shall demonstrate an understanding by engaging in scientific investigation that requires not only skill but also knowledge that is specific to each practice.</text> </paragraph> <paragraph num="D."> <text>Crosscutting Concepts. Students shall demonstrate an understanding of the concepts that unify the study of science through their common application across fields in the major disciplines of natural science.</text> </paragraph> <paragraph num="E."> <text>Earth/Space Science. Students shall demonstrate an understanding of the processes that operate on Earth and address its place in the solar system and galaxy.</text> </paragraph> <paragraph num="F."> <text>Life Science. Students shall demonstrate an understanding of the key concepts that make sense of the life sciences which focus on patterns, processes, and relationships of living organisms.</text> </paragraph> <paragraph num="G."> <text>Physical Science. Students shall demonstrate an understanding that there are mechanisms of cause and effect in all systems and processes that can be understood through a common set of physical and chemical principles.</text> </paragraph> <paragraph num="H."> <text>Engineering, Technology, and Applications of Science. Students shall demonstrate an understanding by engaging in solving complex problems that include issues of social and global significance with an emphasis on identifying the best solution to a problem, which often involves researching how others have solved it before in complex problems.</text> </paragraph> <paragraph num="I."> <text>Curriculum Documents. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local system shall provide science curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the Maryland College- and Career-Ready Next Generation Science Standards (NGSS) set forth in §§C—H of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the Maryland College- and Career-Ready Next Generation Science Standards (NGSS), as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Student Participation. Each student shall participate in the comprehensive science program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 2005 and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 1983 (10:11 Md. R. 976)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3133)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 19, 2015 (42:1 Md. R. 18); June 14, 2021 (48:12 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01I amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> </annotations> </chapter> <chapter num="10" heading="Program of Instruction in Career Development for College and Career Readiness"> <regulation prefix="Regulation" num=".01" heading="Requirement — Career Development for Instruction in Grades Prekindergarten—12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in the public schools equal access to and equitable support in implementing a systematic instructional program in career development and decision making in accordance with the Maryland Career and Technical Education Four-Year State Plan (April 2020) and Maryland Career Development Framework, which are incorporated by reference for all students in grades prekindergarten—12; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that before grade 9 each student shall develop an individual academic and career plan and update it annually.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Career Development Program. The comprehensive instructional program in grades prekindergarten—12 shall provide for diversity of student needs, abilities, and interests and shall include the career development content standards in §§C—H of this regulation.</text> </paragraph> <paragraph num="C."> <text>Self Awareness. Students shall acquire and apply self-knowledge in order to develop personal, learning, and career goals.</text> </paragraph> <paragraph num="D."> <text>Career Awareness. Students shall use the Maryland Career Development Framework and career pathways in order to understand the relationship between educational achievement and career goals.</text> </paragraph> <paragraph num="E."> <text>Career Exploration. Students shall assess career choices and related pathways in order to develop an academic and career plan.</text> </paragraph> <paragraph num="F."> <text>Career Preparation. Students shall prepare for postsecondary and career success through a sequenced academic and technical program of study and related workplace experiences.</text> </paragraph> <paragraph num="G."> <text>Job Seeking and Advancement. Students shall demonstrate skills to secure, maintain, and advance in employment.</text> </paragraph> <paragraph num="H."> <text>Career Satisfaction and Transition. Students shall demonstrate how the ongoing attainment of knowledge and skills enhances one's ability to function and transition effectively in a diverse and changing economy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2014, and each 5 years after that, each local superintendent of schools shall provide a description of the career development instructional program for grades prekindergarten—12 and certify to the State Superintendent of Schools that the instructional programming in grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 4, 1983 (10:13 Md. R. 1181)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3133)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective August 15, 1994 (21:16 Md. R. 1387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective August 15, 1994 (21:16 Md. R. 1387)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Chapter renamed Program of Instruction in Career Development for College and Career Readiness, effective January 2, 2017 (43:26 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 2, 2017 (43:26 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 2, 2017 (43:26 Md. R. 1447); March 22, 2021 (48:6 Md. R. 238)</annotation> </annotations> </chapter> <chapter num="11" heading="Programs in World Languages"> <regulation prefix="Regulation" num=".01" heading="Program."> <paragraph num="A."> <text>Each local school system shall provide a comprehensive, sequential world languages instructional program beginning not later than the middle learning years that:</text> <paragraph num="(1)"> <text>Provides for the diversity of student needs, abilities, and interests at the middle and high school years;</text> </paragraph> <paragraph num="(2)"> <text>Offers a variety of languages;</text> </paragraph> <paragraph num="(3)"> <text>Includes the Maryland World Languages Content Standards set forth in §B of this regulation;</text> </paragraph> <paragraph num="(4)"> <text>Enables students to meet graduation requirements; and</text> </paragraph> <paragraph num="(5)"> <text>Allows students to select world languages electives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The world languages program shall include all the following content standards:</text> <paragraph num="(1)"> <text>Communication: Learners communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes.</text> <paragraph num="(a)"> <text>Interpersonal Communication: Learners interact and negotiate meaning in spoken, signed, or written conversations to share information, reactions, feelings, and opinions.</text> </paragraph> <paragraph num="(b)"> <text>Interpretive Communication: Learners understand, interpret, and analyze what is heard, read, or viewed on a variety of topics.</text> </paragraph> <paragraph num="(c)"> <text>Presentational Communication. Learners present information, concepts, and ideas to inform, explain, persuade, and narrate on a variety of topics using appropriate media and adapting to various audiences of listeners, readers, or viewers.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Cultures: Learners interact with cultural competence and understanding.</text> <paragraph num="(a)"> <text>Relating Cultural Practices to Perspectives: Learners use the language to investigate, explain, and reflect on the relationship between the practices and perspectives of the cultures studied.</text> </paragraph> <paragraph num="(b)"> <text>Relating Cultural Products to Perspectives: Learners use the language to investigate, explain, and reflect on the relationship between the products and perspectives of the cultures studied.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Connections: Learners connect with other disciplines and acquire information and diverse perspectives in order to use the language to function in academic and career related situations.</text> <paragraph num="(a)"> <text>Making Connections: Learners build, reinforce, and expand their knowledge of other disciplines while using the language to develop critical thinking and to solve problems creatively.</text> </paragraph> <paragraph num="(b)"> <text>Acquiring Information and Diverse Perspectives: Learners access and evaluate information and diverse perspectives that are available through the language and its cultures.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Comparisons: Learners develop insight into the nature of language and culture in order to interact with cultural competence.</text> <paragraph num="(a)"> <text>Language Comparisons: Learners use the language to investigate, explain, and reflect on the nature of language through comparisons of the language studied and their own.</text> </paragraph> <paragraph num="(b)"> <text>Cultural Comparisons: Learners use the language to investigate, explain, and reflect on the concept of culture through comparisons of the cultures studied and their own.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Communities: Learners communicate and interact with cultural competence in order to participate in multilingual communities at home and around the world.</text> <paragraph num="(a)"> <text>School and Global Communities: Learners use the language both within and beyond the classroom to interact and collaborate in their community and the globalized world.</text> </paragraph> <paragraph num="(b)"> <text>Lifelong Learning: Learners set goals and reflect on their progress in using languages for enjoyment, enrichment, and advancement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Curriculum Documents. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local school system shall provide world languages curriculum documents for the secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards set forth in §B of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the Maryland College and Career Ready Standards for World Languages, as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Student Participation. Each student shall have the opportunity to participate in the world languages program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2011, and each 5 years after that, each local superintendent of schools shall have certified to the State Superintendent of Schools that the instructional programming within grades 6—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter. This certification shall describe how the regulations are being met at each learning level in accordance with reporting standards developed by the Department of Education.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(h) and 4-111, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 22, 2010 (37:4 Md. R. 341)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 24, 2016 (43:21 Md. R. 1168)</annotation> </annotations> </chapter> <chapter num="12" heading="Program in Mathematics"> <regulation prefix="Regulation" num=".01" heading="Mathematics Instructional Programs for Grades Prekindergarten — 12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in mathematics each year for all students in grades prekindergarten—8;</text> </paragraph> <paragraph num="(2)"> <text>Offer in public schools a mathematics program in grades 9—12. Beginning with students entering grade 9 in the 2014—2015 school year, each student shall enroll in a mathematics course in each year of high school that the student attends, up to a maximum of 4 years of attendance, unless in the 5th or 6th year a mathematics course is needed to meet a graduation requirement and to select mathematics and mathematics-related courses that shall include:</text> <paragraph num="(a)"> <text>Mathematics Transition Course;</text> </paragraph> <paragraph num="(b)"> <text>Algebra II;</text> </paragraph> <paragraph num="(c)"> <text>Pre-Calculus;</text> </paragraph> <paragraph num="(d)"> <text>Discrete Mathematics,</text> </paragraph> <paragraph num="(e)"> <text>Linear Algebra;</text> </paragraph> <paragraph num="(f)"> <text>Probability and Statistics;</text> </paragraph> <paragraph num="(g)"> <text>AP© Computer Science;</text> </paragraph> <paragraph num="(h)"> <text>AP© Calculus (A/B);</text> </paragraph> <paragraph num="(i)"> <text>AP© Calculus (B/C);or</text> </paragraph> <paragraph num="(j)"> <text>A Computer Science course that is not AP© Computer Science if the local school system determines the course meets the mathematics standards required by this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Mathematics Program. The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years. Each local school system shall include the content standards in §§C—F of this regulation in its curriculum.</text> </paragraph> <paragraph num="C."> <text>For prekindergarten through grade 5, students shall demonstrate knowledge of the domains: Number, Counting and Cardinality, Number Operations and the Problems They Solve, Numbers in Base Ten, Number – Fractions, Measurement and Data Analysis, and Geometry.</text> </paragraph> <paragraph num="D."> <text>For grades 6—8, students shall demonstrate knowledge of the domains: Ratios and Proportional Reasoning, The Number System, Expressions and Equations, Functions, Geometry, and Statistics and Probability.</text> </paragraph> <paragraph num="E."> <text>For high school students, students should demonstrate knowledge of the conceptual categories: Number and Quantity, Algebra, Functions, Geometry, and Statistics and Probability.</text> </paragraph> <paragraph num="F."> <text>Standards for Mathematical Practice. Students in prekindergarten through high school shall demonstrate knowledge of the processes and proficiencies of mathematics: make sense of problems and persevere in solving them, reason abstractly and quantitatively, construct viable arguments and critique the reasoning of others, model with mathematics, use appropriate tools strategically, attend to precision, look for and make use of structure, and look for and express regularity in repeated reasoning.</text> </paragraph> <paragraph num="G."> <text>Curriculum Documents. Consistent with Education Article, §4-110, Annotated Code of Maryland, each local school system shall provide mathematics curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards described in §§C—F of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the Maryland College- and Career-Ready Standards as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Student Participation. Each student shall have the opportunity to participate in the comprehensive mathematics program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <paragraph num="A."> <text>By September 1, 2020 and thereafter, upon adoption of new State standards, local school system curricula, or curriculum support materials, each local superintendent of schools or chief executive officer shall certify to the State Superintendent of Schools that the instructional programming for mathematics courses aligned to the Maryland College and Career Ready Standards meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The superintendent or chief executive officer shall provide evidence of meeting the requirements. Acceptable forms of evidence include:</text> <paragraph num="(1)"> <text>A Maryland State Department of Education Curriculum Vetting Report demonstrating that the reviewed curriculum has earned an acceptable rating as determined by the agency on all sections for mathematics for the identified grade level(s) or course(s);</text> </paragraph> <paragraph num="(2)"> <text>A curriculum vetting report produced by a nationally recognized external party that demonstrates alignment to Maryland College and Career Ready Standards for the identified grade level(s) or course(s); or</text> </paragraph> <paragraph num="(3)"> <text>Documentation of national ratings to demonstrate an alignment to Maryland College and Career Ready Standards and strong (level 1) or moderate (level 2) evidence, as defined under §8101(21)(A)(i)(I) and §8101(21)(A)(i)(II) of the Every Student Succeeds Act, for all third-party curricula and curriculum support materials in use.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c) and (h) and 7-205.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 1, 1986 (13:24 Md. R. 2560)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective July 19, 2004 (31:14 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective February 11, 2014 (41:5 Md. R. 339); emergency status expired</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 29, 2014 (41:19 Md. R. 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01J amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 7, 2019 (46:20 Md. R. 845)</annotation> </annotations> </chapter> <chapter num="13" heading="Program in Physical Education"> <regulation prefix="Regulation" num=".01" heading="Physical Education Instructional Programs for Grades Prekindergarten—12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in physical education each year with sufficient frequency and duration to meet the requirements of the State Framework for all students in grades prekindergarten—8; and</text> </paragraph> <paragraph num="(2)"> <text>Offer in public schools a standard-based physical education program in grades 9—12 which meets the requirements of the State Framework, and enables students to meet graduation requirements and to select physical education electives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Physical Education Program.</text> <paragraph num="(1)"> <text>The physical education comprehensive instructional program shall provide a developmentally appropriate, instructional program for all students that advances the student's knowledge, confidence, skills, and motivation to enjoy a lifetime of healthful physical activity.</text> </paragraph> <paragraph num="(2)"> <text>The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years, and shall include all of the following Maryland Physical Education Content Standards set forth in §C of this regulation with related indicators and objectives as set forth in the State Framework.</text> </paragraph> <paragraph num="(3)"> <text>The instructional program, as it applies to grades 9—12, shall provide instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator if not otherwise offered in the comprehensive health education program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maryland Physical Education Content Standards. All students shall:</text> <paragraph num="(1)"> <text>Develop a variety of motor skills;</text> </paragraph> <paragraph num="(2)"> <text>Apply knowledge related to movement and fitness concepts;</text> </paragraph> <paragraph num="(3)"> <text>Develop social skills through movement; and</text> </paragraph> <paragraph num="(4)"> <text>Develop personal skills, identify personal benefits of movement, and choose to engage in physical activity.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Curriculum Documents. Consistent with Education Article, §§2-205(h) and 7-409, Annotated Code of Maryland, each local school system shall provide comprehensive physical education curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards set forth in §C of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Align with the State Framework, as developed by the Maryland State Department of Education in collaboration with the local school systems; and</text> </paragraph> <paragraph num="(3)"> <text>Include standards-based instructional assessments that:</text> <paragraph num="(a)"> <text>Periodically evaluate progress toward achievement of the content standards in §C of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Align to the grade-span learning indicators in the State Framework;</text> </paragraph> <paragraph num="(c)"> <text>Monitor a student’s cognitive, affective, social, and psychomotor progress;</text> </paragraph> <paragraph num="(d)"> <text>Include all students;</text> </paragraph> <paragraph num="(e)"> <text>Do not evaluate student dress or attendance; and</text> </paragraph> <paragraph num="(f)"> <text>Are not based on the results of a health-related fitness test.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A local school system may conduct a health-related fitness test as part of an annual Wellness Policy Implementation and Monitoring Plan in addition to the standards-based assessments required in §D(3) of this regulation.</text> </paragraph> <paragraph num="F."> <text>The local school system shall develop guidelines and procedures for the support of qualified teachers as follows:</text> <paragraph num="(1)"> <text>Each local school system shall establish planned and continuous programs as required to adequately train its teachers, administrators, supervisors, and personnel in order to update knowledge, instructional materials, and methodology in physical education; and</text> </paragraph> <paragraph num="(2)"> <text>Each local school system shall require all physical education teachers to submit a current certificate of completion of concussion education training as set out in COMAR 13A.06.08.04.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Student Participation in Standards-Based Physical Education Program.</text> <paragraph num="(1)"> <text>Each student, including a student with a disability as defined in COMAR 13A.05.01.03B, shall have the opportunity to participate in the comprehensive standards-based physical education program required by this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The local school system may not:</text> <paragraph num="(a)"> <text>Authorize a student to substitute other activities for a standards-based physical education program for graduation credits, such as but not limited to interscholastic sports, community-based sports, physical therapy, Junior Reserve Officer Training Corps (JROTC), or marching band;</text> </paragraph> <paragraph num="(b)"> <text>Waive the standards-based physical education requirement needed to meet graduation requirements;</text> </paragraph> <paragraph num="(c)"> <text>Excuse students from the standards-based physical education program to participate in content area classes or to complete classwork assignments in other content areas; or</text> </paragraph> <paragraph num="(d)"> <text>Withhold students from the standards-based physical education program as a punishment, unless the student is also removed from the regular classroom setting as part of an in-school suspension or similar disciplinary intervention.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The local school system shall ensure that:</text> <paragraph num="(a)"> <text>Students with disabilities have an equal opportunity to participate in a standards-based physical education program to meet the requirements of the State Framework;</text> </paragraph> <paragraph num="(b)"> <text>Reasonable accommodations are provided to ensure students with disabilities have equal opportunity to participate to the fullest extent possible in a standards-based physical education program;</text> </paragraph> <paragraph num="(c)"> <text>Adapted, allied, or unified physical education, as defined in Education Article, §7-4B-01, Annotated Code of Maryland, is available that meets the standards-based physical education program outcomes; and</text> </paragraph> <paragraph num="(d)"> <text>An individualized action plan is developed for students who are temporarily unable to participate in the standards-based physical education program.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The individualized action plan developed under §G(3)(d) shall provide appropriate learning experiences aligned with the State Framework.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 2030 and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c) and (h), 7-205.2, 7-409, and 7-4B-01—7-4B-06, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 1, 1986 (13:24 Md. R. 2560)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 15, 1994 (21:16 Md. R. 1388); August 6, 2001 (28:15 Md. R. 1399)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02 repealed and new Regulations .01—.02 adopted effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 12, 2021 (48:14 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, C amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C, D amended effective February 16, 2026 (53:2 Md. R.123)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 1, 2016 (43:15 Md. R. 864); February 16, 2026 (53:2 Md. R.123)</annotation> </annotations> </chapter> <chapter num="14" heading="Program in English Language Arts/Literacy"> <regulation prefix="Regulation" num=".01" heading="English Language Arts/Literacy Instructional Programs for Grades Prekindergarten — 12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in English language arts/literacy each year for all students in grades prekindergarten—5;</text> </paragraph> <paragraph num="(2)"> <text>Provide in public schools an instructional program in English language arts/literacy each year for all students in grades 6—8; and</text> </paragraph> <paragraph num="(3)"> <text>Offer an English language arts/literacy program in grades 9—12 which enables students to meet graduation requirements and to select English language arts electives including English Language Arts/Literacy Transition Courses.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Maryland English Language Arts/Literacy Program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school years, and shall include content standards set forth in §§C—I of this regulation.</text> </paragraph> <paragraph num="C."> <text>Foundational Skills Pre-K—5. Students shall develop and apply the foundational skills of reading (including print concepts, phonological awareness, phonics and word recognition, and fluency) necessary to proficiently read a range of grade level appropriate texts with purpose and understanding.</text> </paragraph> <paragraph num="D."> <text>Comprehension of Literary Text. Students shall read, comprehend and analyze a wide range of grade appropriate literary texts that meet the grade level text complexity guidelines of the Maryland College- and Career-Ready Standards for English Language Arts/Literacy.</text> </paragraph> <paragraph num="E."> <text>Comprehension of Informational Text. Students shall read, comprehend, and analyze a wide range of grade appropriate informational texts that meet the grade level text complexity guidelines of the Maryland College- and Career-Ready Standards for English Language Arts/Literacy.</text> </paragraph> <paragraph num="F."> <text>Writing. Students shall use writing as a way of offering and supporting opinions/claims, demonstrating understanding of the subjects they are studying, and conveying real and imagined experiences proficiently.</text> </paragraph> <paragraph num="G."> <text>Speaking and Listening. Students shall command the skills needed to effectively communicate in a variety of contexts (including face to face and digital contexts) by presenting, listening and responding appropriately.</text> </paragraph> <paragraph num="H."> <text>Language. Students will control the conventions of standard English grammar, usage, and mechanics as well as learn other ways to use language to convey meaning effectively through its structure and precise vocabulary.</text> </paragraph> <paragraph num="I."> <text>Literacy. Students shall read complex informational texts with confidence and independence and write what they know about a subject effectively when engaged in the study of history, social studies, science and technical subjects.</text> </paragraph> <paragraph num="J."> <text>Curriculum Documents. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local school system shall provide English language arts/literacy curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards described in §§C—I of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the Maryland College- and Career-Ready Standards for English Language Arts/Literacy as developed by the Maryland State Department of Education in collaboration with local school systems.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Student Participation. Each student shall have the opportunity to participate in the comprehensive Reading and English language arts program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <paragraph num="A."> <text>By September 1, 2020 and thereafter, upon adoption of new State standards, local school system curricula, or curriculum support materials, each local superintendent of schools or chief executive officer shall certify to the State Superintendent of Schools that the instructional programming for English language arts meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The superintendent or chief executive officer shall provide evidence of meeting requirements. Acceptable forms of evidence include:</text> <paragraph num="(1)"> <text>Maryland State Department of Education Curriculum Vetting Report demonstrating that the reviewed curriculum has earned an acceptable rating as determined by the agency on all sections for English language arts for the identified grade level(s) or course(s);</text> </paragraph> <paragraph num="(2)"> <text>A curriculum vetting report produced by a nationally recognized external party that demonstrates alignment to Maryland College and Career Ready Standards for the identified grade level(s) or course(s); or</text> </paragraph> <paragraph num="(3)"> <text>Documentation of national ratings to demonstrate an alignment to Maryland College and Career Ready Standards and strong (level 1) or moderate (level 2) evidence, as defined under §8101(21)(A)(i)(I) and §8101(21)(A)(i)(II) of the Every Student Succeeds Act, for all third-party curricula and curriculum support materials in use.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c) and (h), 7-202, and 7-205.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 1, 1986 (13:24 Md. R. 2560)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective July 19, 2004 (31:14 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 29, 2014 (41:19 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01J amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 7, 2019 (46:20 Md. R. 846)</annotation> </annotations> </chapter> <chapter num="15" heading="Digital Learning"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Digital learning encompasses a wide spectrum of tools and practices that support teaching and learning for students and educators. This chapter defines online and blended courses and establishes requirements for such courses to be offered to students for credit. Processes for the approval of online credit bearing student courses and professional development courses are addressed. These processes include the setting of a vendor fee structure for reviewing and approving courses.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accessible” means fully and equally accessible for independent use by individuals with disabilities to online course content, materials, and features.</text> </paragraph> <paragraph num="(2)"> <text>“Blended course” means one in which less than 80 percent of the instruction is conducted online. Such a course is also referred to as a “hybrid course.”</text> </paragraph> <paragraph num="(3)"> <text>“Digital learning” means any instructional practice that effectively uses Internet-related technology to strengthen the student and/or educator learning experience.</text> </paragraph> <paragraph num="(4)"> <text>“Online course” means an Internet-based course in which 80 percent or more of the instruction is conducted online, the teacher and student are separated by distance or time or both, and two-way communication is required between teacher and student.</text> </paragraph> <paragraph num="(5)"> <text>“Review” means an analysis of a student or professional development online course by a panel of experts designated by the Department to determine whether the course shall be recommended for approval.</text> </paragraph> <paragraph num="(6)"> <text>“Vendor” means a person or organization that markets online courses or contracted online student seats in such courses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>The Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval Requirements."> <paragraph num="A."> <text>Credit-bearing online courses provided to students by a local education agency (LEA) are subject to Department approval by a committee to ensure that the course meets instructional standards and is in compliance with the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008).</text> </paragraph> <paragraph num="B."> <text>Noncredit-bearing courses and blended courses provided to students by a local education agency do not require Department approval.</text> </paragraph> <paragraph num="C."> <text>All online professional development courses offered by vendors to local education agencies are subject to Department approval by a committee to ensure that the course meets instructional standards and is in compliance with the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Review and Approval Procedures."> <paragraph num="A."> <text>There are three options for obtaining review and approval of credit-bearing online courses and professional development courses.</text> </paragraph> <paragraph num="B."> <text>Options for Obtaining Review and Approval.</text> <paragraph num="(1)"> <text>Departmental Review and Approval.</text> <paragraph num="(a)"> <text>A vendor may request a Department review of an online credit-bearing course or professional development course.</text> </paragraph> <paragraph num="(b)"> <text>Department review shall be conducted by a panel of at least three content experts, one of whom shall be a reviewer trained to conduct such reviews.</text> </paragraph> <paragraph num="(c)"> <text>Department review shall include an assessment of the accessibility of the course.</text> </paragraph> <paragraph num="(d)"> <text>A vendor seeking Department approval of an online or professional development course shall pay a nonrefundable fixed fee of $1,400 to the Department to cover the cost of a review.</text> </paragraph> <paragraph num="(e)"> <text>The Department reserves the right to review previously approved courses every 3 years.</text> </paragraph> <paragraph num="(f)"> <text>The Department reserves the right to determine which courses will be reviewed based on student and local education agency need.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Local Education Agency Review and Approval Process.</text> <paragraph num="(a)"> <text>A vendor may request an LEA review of an online credit-bearing course or professional development course.</text> </paragraph> <paragraph num="(b)"> <text>The LEA review shall be conducted by a panel of at least three content experts, one of whom must be a reviewer trained to conduct such reviews as designated by the Department.</text> </paragraph> <paragraph num="(c)"> <text>The LEA review shall include an assessment of the accessibility of the course.</text> </paragraph> <paragraph num="(d)"> <text>An LEA may establish a reasonable fee to cover the cost of a review.</text> </paragraph> <paragraph num="(e)"> <text>After conducting the review, the LEA shall submit its review and recommendation for approval to the Department for final approval.</text> </paragraph> <paragraph num="(f)"> <text>To cover the cost of the final review, the LEA shall submit to the Department 15 percent of the fee it collected from the vendor.</text> </paragraph> <paragraph num="(g)"> <text>The LEA reserves the right to determine which courses will be reviewed based on student need.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>MSDE-Approved Reviewing Program.</text> <paragraph num="(a)"> <text>A vendor may request an MSDE-Approved Reviewing Program review of an online credit-bearing course or a professional development course that includes an assessment of the accessibility of the course.</text> </paragraph> <paragraph num="(b)"> <text>After the review is completed, the MSDE-Approved Reviewing Program shall submit the review documentation to MSDE.</text> </paragraph> <paragraph num="(c)"> <text>The vendor shall pay a fee of $360 to the Department to cover the cost of the final review.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Fee Increase."> <text>Upon review and approval by the State Board, in FY 2016 and any subsequent year thereafter, the Department may increase the vendor fees set forth in this Regulation by no more than 20 percent per annum. If the Department increases the fee, it shall publish such increase on its website at http://marylandpublicschools.org/MSDE.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Accessibility."> <text>The Department shall only approve courses and digital learning resources that are accessible and meet the technology standards outlined in Section 508 of the Rehabilitation Act and COMAR 13A.05.02.13H and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (December 2008).</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-1002, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 1, 2013 (40:6 Md. R. 474)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 28, 2013 (40:21 Md. R. 1779)</annotation> </annotations> </chapter> <chapter num="16" heading="Programs in Fine Arts"> <regulation prefix="Regulation" num=".01" heading="Requirements for Fine Arts (Dance, Media Arts, Music, Theatre, Visual Art) Instructional Programs for Grades Prekindergarten—12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide an instructional program in fine arts each year for all students in grades prekindergarten—8 as follows:</text> <paragraph num="(a)"> <text>Within the prekindergarten—5 grade span, students shall have experiences in the fine art forms of dance, media arts, music, theatre, and visual art; and</text> </paragraph> <paragraph num="(b)"> <text>Within grades 6—8, students may specialize in one or more of the fine art forms of dance, media arts, music, theatre, and visual art; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide an instructional program that enables all students in grades 9—12 to meet graduation requirements, and to select from among fine arts elective courses of dance, media arts, music, theatre, and visual art that will prepare them for post-secondary education and careers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Fine Arts Program. The school system must allot dedicated time in the instructional program aligned to the content standards set forth in §C of this regulation and must adhere to the Universal Design for Learning (UDL) principles to maximize learning opportunities for all diverse learners, including students with disabilities, students who are English learners, and students who are gifted and talented. UDL shall guide local school systems in the development of curriculum, instructional planning, instructional delivery, material selection, and assessment.</text> </paragraph> <paragraph num="C."> <text>Content Standards. Students shall demonstrate the ability to:</text> <paragraph num="(1)"> <text>Generate and conceptualize artistic ideas and work;</text> </paragraph> <paragraph num="(2)"> <text>Organize and develop artistic ideas and work;</text> </paragraph> <paragraph num="(3)"> <text>Refine and complete artistic work;</text> </paragraph> <paragraph num="(4)"> <text>Analyze, interpret, and select artistic work for presentation;</text> </paragraph> <paragraph num="(5)"> <text>Develop and refine artistic work for presentation;</text> </paragraph> <paragraph num="(6)"> <text>Convey meaning through the presentation of artistic work;</text> </paragraph> <paragraph num="(7)"> <text>Perceive and analyze artistic work;</text> </paragraph> <paragraph num="(8)"> <text>Interpret intent and meaning in artistic work;</text> </paragraph> <paragraph num="(9)"> <text>Apply criteria to evaluate artistic work;</text> </paragraph> <paragraph num="(10)"> <text>Synthesize and relate knowledge and personal experiences to make art; and</text> </paragraph> <paragraph num="(11)"> <text>Relate artistic ideas and works with societal, cultural, and historical context to deepen understanding.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Curriculum Guides. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local school system shall use fine arts curriculum documents in each of the fine arts disciplines for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the content standards described in §C of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Align with the Maryland State Standards for the Fine Arts for grades prekindergarten—12 as developed by the Maryland State Department of Education in collaboration with local school systems and in alignment with the National Core Arts Standards.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Student Participation. Each student shall participate in the fine arts instructional programs required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Fine Arts Education Advisory Panel."> <text>The State Superintendent of Schools shall maintain a Fine Arts Education Advisory Panel that shall advise the Superintendent on issues and best practices relevant to fine arts education for students in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Certification Procedures."> <paragraph num="A."> <text>Beginning September 1, 2019, and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall report annually their goals, objectives, and strategies regarding the implementation of fine arts instructional programming and methods for measuring progress.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1988 (15:9 Md. R. 1110)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01—.03 adopted effective November 23, 2017 (44:23 Md. R. 1079)</annotation> </annotations> </chapter> <chapter num="17" heading="Environmental Education"> <regulation prefix="Regulation" num=".01" heading="Environmental Literacy Instructional Programs for Grades Prekindergarten — 12."> <paragraph num="A."> <text>Each local school system shall provide in public schools a comprehensive, multi-disciplinary environmental literacy program infused within current curricular offerings and aligned with the Maryland Environmental Literacy Standards.</text> </paragraph> <paragraph num="B."> <text>The Maryland Environmental Literacy Program shall:</text> <paragraph num="(1)"> <text>Provide a developmentally appropriate instructional program with opportunities for outdoor learning experiences;</text> </paragraph> <paragraph num="(2)"> <text>Advance students’ knowledge, confidence, skills, and motivation to make decisions and take actions that preserve and protect the unique natural resources of Maryland and of the Chesapeake Bay and its watershed; and</text> </paragraph> <paragraph num="(3)"> <text>Provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years and shall include all of the Maryland Environmental Literacy Standards as set forth in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maryland Environmental Literacy Standards.</text> <paragraph num="(1)"> <text>Environmental Issue Investigation and Action. Environmentally literate students investigate environmental issues in order to develop and implement local actions that protect, sustain, or restore the natural environment.</text> </paragraph> <paragraph num="(2)"> <text>Human Dependence on Earth Systems and Natural Resources. Environmentally literate students construct and apply understanding of how Earth’s systems and natural resources support human existence.</text> </paragraph> <paragraph num="(3)"> <text>Environmental Impact of Human Activity. Environmentally literate students construct and apply understanding of the environmental impact of human activities on Earth’s systems and resources.</text> </paragraph> <paragraph num="(4)"> <text>Consequences of Environmental Change on Human Health and Well-Being. Environmentally literate students construct and apply understanding of the consequences of human-induced environmental change on individual and collective health and well-being.</text> </paragraph> <paragraph num="(5)"> <text>Individual and Collective Responses to Environmental Change. Environmentally literate students construct and apply understanding of individual, collective, and societal responses to human-induced environmental change.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each local school system shall establish a support system to enable teachers and administrators to engage in high quality professional development in content knowledge, instructional materials, and methodology related to environmental literacy.</text> </paragraph> <paragraph num="E."> <text>Student Participation. All students shall have the opportunity to participate in the comprehensive environmental literacy program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 1, 2015 and each 5 years after, each local school superintendent of schools shall certify to the State Superintendent of Schools that the instructional program in environmental literacy meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 12, 1989 (16:11 Md. R. 1219)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.02 adopted effective October 18, 2010 (37:21 Md. R. 1436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 29, 2020 (47:13 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 29, 2020 (47:13 Md. R. 642)</annotation> </annotations> </chapter> <chapter num="18" heading="Program in Comprehensive Health Education"> <regulation prefix="Regulation" num=".01" heading="Comprehensive Health Education Instructional Programs for Grades Prekindergarten—12."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Provide in public schools an instructional program in comprehensive health education each year with sufficient frequency and duration to meet the requirements of the State Framework for all students in grades prekindergarten—8;</text> </paragraph> <paragraph num="(2)"> <text>Offer in public schools a comprehensive health education program in grades 9—12 which enables students to meet graduation requirements and to select health education electives; and</text> </paragraph> <paragraph num="(3)"> <text>Provide access to the curriculum for non-diploma-bound students.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland Comprehensive Health Education Program.</text> <paragraph num="(1)"> <text>The comprehensive instructional program shall help students adopt and maintain healthy behaviors and skills that contribute directly to a student’s ability to successfully practice behaviors that protect and promote health and avoid or reduce health risks.</text> </paragraph> <paragraph num="(2)"> <text>The instructional program shall provide for the diversity of student needs, abilities, and interests at the elementary, middle, and high school learning years, and shall include the Maryland Health Education Standards with related indicators and objectives as set forth in §C(1)—(8) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Comprehensive Health Education Standards. All students will:</text> <paragraph num="(1)"> <text>Use functional health information to support the health and well-being of self and others, including:</text> <paragraph num="(a)"> <text>Mental and emotional health;</text> </paragraph> <paragraph num="(b)"> <text>Substance use and misuse;</text> </paragraph> <paragraph num="(c)"> <text>Family life and human sexuality;</text> </paragraph> <paragraph num="(d)"> <text>Safety and violence prevention;</text> </paragraph> <paragraph num="(e)"> <text>Nutrition; and</text> </paragraph> <paragraph num="(f)"> <text>Disease prevention and control;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Analyze influences that affect the health and well-being of self and others;</text> </paragraph> <paragraph num="(3)"> <text>Access valid and reliable resources to support the health and well-being of self and others;</text> </paragraph> <paragraph num="(4)"> <text>Use interpersonal communication skills to support the health and well-being of self and others;</text> </paragraph> <paragraph num="(5)"> <text>Use a decision-making process to support the health and well-being of self and others;</text> </paragraph> <paragraph num="(6)"> <text>Use a goal-setting process to support the health and well-being of self and others;</text> </paragraph> <paragraph num="(7)"> <text>Demonstrate practices and behaviors to support the health and well-being of self and others; and</text> </paragraph> <paragraph num="(8)"> <text>Advocate to promote the health and well-being of self and others.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Special Requirements.</text> <paragraph num="(1)"> <text>Substance Abuse Prevention.</text> <paragraph num="(a)"> <text>Students shall complete instruction on drug addiction and prevention that includes instruction related to the heroin and opioid addiction and prevention and information relating to lethal effects of fentanyl.</text> </paragraph> <paragraph num="(b)"> <text>This instruction is to be delivered, at a minimum, once in grade bands 3—5, 6—8, and 9—12 as a stand-alone program.</text> </paragraph> <paragraph num="(c)"> <text>Instruction shall be delivered by teachers trained in the field of drug addiction and prevention education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Family Life and Human Sexuality.</text> <paragraph num="(a)"> <text>Maryland family life and human sexuality instruction shall represent all students regardless of ability, sexual orientation, gender identity, and gender expression.</text> </paragraph> <paragraph num="(b)"> <text>Beginning no later than grade 7, teaching shall emphasize that refraining from sexual activity is the best method to avoid sexually transmitted infections, including HIV, and unintended pregnancy. To address the serious health risks of sexually transmitted infections, and the consequences of unintended pregnancy, family life and human sexuality education shall include medically accurate information about contraception and condoms.</text> </paragraph> <paragraph num="(c)"> <text>The local school system shall establish a joint committee of educators and representatives of the community for the purpose of reviewing and commenting on instructional materials. If approval of instructional materials is necessary, it shall occur pursuant to local policy.</text> </paragraph> <paragraph num="(d)"> <text>Direct teaching of the family life and human sexuality indicators and objectives must begin by grade 4.</text> </paragraph> <paragraph num="(e)"> <text>Student Opt-Out.</text> <paragraph num="(i)"> <text>The local school system shall establish policies, guidelines, and/or procedures for student opt-out regarding instruction related to family life and human sexuality objectives.</text> </paragraph> <paragraph num="(ii)"> <text>For students opting out of family life and human sexuality instruction, each school shall establish a procedure for providing a student with appropriate alternative learning activities and/or assessments in health education.</text> </paragraph> <paragraph num="(iii)"> <text>Each school shall make arrangements to permit students opting out of the objectives related to family life and human sexuality to receive instruction concerning menstruation.</text> </paragraph> <paragraph num="(iv)"> <text>The local school system shall provide an opportunity for parents/guardians to view instructional materials to be used in the teaching of family life and human sexuality objectives.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The local school system shall provide age-appropriate instruction on the meaning of “consent” and respect for personal boundaries as part of the family life and human sexuality curriculum in every grade in which the curriculum is taught.</text> </paragraph> <paragraph num="(g)"> <text>When teaching concepts and skills related to family life and human sexuality, in addition to general teacher preparation, teachers are required to have additional preparation in content and teaching methods of such depth and duration as to be appropriate for the material taught. The additional preparation may be provided by college courses, local in-service programs, and/or State workshops.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Safety and Violence Prevention.</text> <paragraph num="(a)"> <text>High school students shall complete instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.</text> </paragraph> <paragraph num="(b)"> <text>Students shall participate in age-appropriate instruction on the awareness and prevention of sexual abuse and assault. Teachers who are trained to provide instruction on the awareness and prevention of sexual abuse and assault shall deliver this instruction. This will include age-appropriate instruction on the meaning of “consent” and respect for personal boundaries.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Disease Prevention and Control.</text> <paragraph num="(a)"> <text>Students will demonstrate the ability to apply prevention and treatment knowledge, skills, and strategies to reduce susceptibility and manage diseases, such as infections that are sexually transmitted, including HIV.</text> </paragraph> <paragraph num="(b)"> <text>Students shall complete instruction in oral health that includes oral disease prevention and dental health promotion.</text> </paragraph> <paragraph num="(c)"> <text>The local school system shall include age-appropriate lessons on diabetes and its treatment and prevention.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Curriculum Documents. Consistent with Education Article, §§2-205(h), 4-111.2, 7-205.2, 7-401, 7-410, 7-411, 7-411.1, 7-413, 7-439, and 7-445, Annotated Code of Maryland, each local school system shall provide age-appropriate, scientifically based, medically accurate, and data-driven comprehensive health education curriculum documents for the elementary and secondary schools under its jurisdiction that:</text> <paragraph num="(1)"> <text>Include the standards set forth in §C of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Are aligned with the State Framework, as developed by the Maryland State Department of Education in collaboration with the local school systems.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The local school system shall develop guidelines and procedures for the selection of qualified health education teachers. Qualifications shall include:</text> <paragraph num="(1)"> <text>Health Education licensure as set forth in COMAR 13A.12.02; and</text> </paragraph> <paragraph num="(2)"> <text>Appropriate specialized training including skills-based health education, drug addiction and prevention education, family life and human sexuality, and awareness and prevention of sexual abuse and assault.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The local school system shall develop guidelines and procedures for the support of qualified teachers. Each local school system shall establish planned and continuous programs as required to adequately train its personnel (teachers, administrators, and supervisors) in order to update knowledge, instructional materials, and methodology in health education.</text> </paragraph> <paragraph num="H."> <text>Student Participation. Each student shall have the opportunity to participate in the comprehensive health education program required by this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification Procedures."> <text>By September 2020 and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c) and (h), 4-111.2, 7-205.2, 7-401, 7-410, 7-411, 7-411.1, 7-413, 7-439, and 7-445, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 15, 1990 (17:20 Md. R. 2430)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 13, 1991 (18:9 Md. R. 1009)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective September 12, 1994 (21:18 Md. R. 1510)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F amended effective September 12, 1994 (21:18 Md. R. 1510)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 repealed and new Regulations .01—.02 adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, G amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02 repealed and new Regulations .01—.02 adopted effective December 30, 2019 (46:26 Md. R. 1166)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 30, 2026 (53:6 Md. R. 291)</annotation> </annotations> </chapter> <chapter num="19" heading="Program in Cosmetology"> <regulation prefix="Regulation" num=".01" heading="Program Approval."> <paragraph num="A."> <text>A cosmetology program in a public school that possesses a school permit issued by the State Board of Cosmetologists, that was valid as of June 30, 1991, shall be considered an approved cosmetology program by the State Department of Education.</text> </paragraph> <paragraph num="B."> <text>To obtain approval for a cosmetology program after June 30, 1991, a local school system shall apply to the State Department of Education on a form provided by the Department. The proposal for approval of a cosmetology program shall meet all the requirements in Regulations .02—.07 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Program Completer Requirements for Cosmetology Operator."> <paragraph num="A."> <text>A program of instruction for cosmetology operator shall require a minimum of 1,500 locally determined clock hours of instruction of which:</text> <paragraph num="(1)"> <text>500 hours shall be theory; and</text> </paragraph> <paragraph num="(2)"> <text>1,000 hours shall be demonstration and practical application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The program shall include instruction in each of the following topics with hours as determined by the local school system:</text> <paragraph num="(1)"> <text>Careers in cosmetology;</text> </paragraph> <paragraph num="(2)"> <text>Personal development;</text> </paragraph> <paragraph num="(3)"> <text>Bacteriology, sterilization, and sanitation;</text> </paragraph> <paragraph num="(4)"> <text>Fundamentals of rinsing and conditioning;</text> </paragraph> <paragraph num="(5)"> <text>Fundamentals of fingerwaving and hairstyling;</text> </paragraph> <paragraph num="(6)"> <text>Fundamentals of scalp massage and scalp care services;</text> </paragraph> <paragraph num="(7)"> <text>Care and styling of artificial hair;</text> </paragraph> <paragraph num="(8)"> <text>Fundamentals and techniques of hair cutting;</text> </paragraph> <paragraph num="(9)"> <text>Fundamentals and techniques of chemical reformation;</text> </paragraph> <paragraph num="(10)"> <text>Fundamentals and techniques of thermal pressing and curling;</text> </paragraph> <paragraph num="(11)"> <text>Fundamentals and techniques of hair coloring;</text> </paragraph> <paragraph num="(12)"> <text>Diseases and disorders of the skin, scalp, nails, and hair;</text> </paragraph> <paragraph num="(13)"> <text>Facial massage, skin care, and makeup applications;</text> </paragraph> <paragraph num="(14)"> <text>Fundamentals of hair care services;</text> </paragraph> <paragraph num="(15)"> <text>Superfluous hair;</text> </paragraph> <paragraph num="(16)"> <text>Basic manicuring and pedicuring;</text> </paragraph> <paragraph num="(17)"> <text>Anatomy in beauty culture;</text> </paragraph> <paragraph num="(18)"> <text>Chemistry for cosmetologists;</text> </paragraph> <paragraph num="(19)"> <text>Histology;</text> </paragraph> <paragraph num="(20)"> <text>Electricity and the cosmetologist;</text> </paragraph> <paragraph num="(21)"> <text>Job interviews;</text> </paragraph> <paragraph num="(22)"> <text>Beauty salon management; and</text> </paragraph> <paragraph num="(23)"> <text>State laws and regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Related Instruction.</text> <paragraph num="(1)"> <text>Related instruction, not to exceed 300 hours, may apply toward the 1,500-hour requirement when the cosmetology teacher approves hours for documented student participation in any of the following activities:</text> <paragraph num="(a)"> <text>Organizational activities of the Skills USA which are directly related to the subject of cosmetology;</text> </paragraph> <paragraph num="(b)"> <text>School-sponsored field trips planned for in the cosmetology curriculum; and</text> </paragraph> <paragraph num="(c)"> <text>Work-study employment, after successful completion of 1,000 hours of cosmetology operator instruction, which is supervised by a senior cosmetologist and conducted under a work-based learning agreement with the school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The supervisor shall report on all matters concerning the student's progress in work-study employment as described in §C(1)(c) of this regulation to the work-study coordinator, or if none is assigned, to the school's cosmetology teacher.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Cosmetology teacher may certify the student's eligibility for admission to the State licensing examination upon:</text> <paragraph num="(1)"> <text>Demonstrated competency upon the completion of the required minimum number of hours in the program; and</text> </paragraph> <paragraph num="(2)"> <text>Certification of successful evaluation of the student's work by the cosmetology teacher.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Curriculum for Nail Technician."> <paragraph num="A."> <text>The program of instruction for nail technician shall require a minimum of 250 locally determined clock hours of instruction in theory, demonstration, and practical application.</text> </paragraph> <paragraph num="B."> <text>The program shall include instruction in each of the following topics with hours as determined by the local school system:</text> <paragraph num="(1)"> <text>Career opportunities;</text> </paragraph> <paragraph num="(2)"> <text>Personal development;</text> </paragraph> <paragraph num="(3)"> <text>Bacteriology, sterilization, and sanitation;</text> </paragraph> <paragraph num="(4)"> <text>Structure of the nail;</text> </paragraph> <paragraph num="(5)"> <text>Disorders and diseases of the nail;</text> </paragraph> <paragraph num="(6)"> <text>Implements, equipment, and supplies;</text> </paragraph> <paragraph num="(7)"> <text>Manicuring and pedicuring procedures and techniques;</text> </paragraph> <paragraph num="(8)"> <text>Massaging techniques;</text> </paragraph> <paragraph num="(9)"> <text>Artificial application procedures;</text> </paragraph> <paragraph num="(10)"> <text>Wrapping procedures and techniques;</text> </paragraph> <paragraph num="(11)"> <text>Corrections and repairs;</text> </paragraph> <paragraph num="(12)"> <text>Anatomy and physiology for the nail technician;</text> </paragraph> <paragraph num="(13)"> <text>Basic chemistry for the nail technician;</text> </paragraph> <paragraph num="(14)"> <text>Hazardous chemicals and beauty products;</text> </paragraph> <paragraph num="(15)"> <text>Electricity;</text> </paragraph> <paragraph num="(16)"> <text>First aid; and</text> </paragraph> <paragraph num="(17)"> <text>State laws and regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The cosmetology teacher may certify the student's eligibility for admission to the State licensing examination upon:</text> <paragraph num="(1)"> <text>Demonstrated competency upon completion of the required minimum number of hours in the program; and</text> </paragraph> <paragraph num="(2)"> <text>Certification of successful evaluation of the student's work by the cosmetology teacher.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Work Kit."> <text>Each student shall have a work kit consisting of equipment and supplies, as determined by the teacher, needed to participate in the program. The work kit may be purchased from the school or any salon supplier in the marketplace.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Records."> <paragraph num="A."> <text>An enrollment record for each student shall be maintained as a permanent record by the school administrator of the building in which the cosmetology program is housed.</text> </paragraph> <paragraph num="B."> <text>The student record shall:</text> <paragraph num="(1)"> <text>Be updated on a quarterly basis with the grade earned by the student;</text> </paragraph> <paragraph num="(2)"> <text>Be updated on a semester basis with the documented instructional hours earned during the student's active participation in the program;</text> </paragraph> <paragraph num="(3)"> <text>Support the student's eligibility for admission to the State licensing examination; and</text> </paragraph> <paragraph num="(4)"> <text>Be used to comply with the testing vendor’s process for certifying student training and verifying student experience.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Cosmetology Teacher."> <paragraph num="A."> <text>A cosmetology teacher shall possess a senior cosmetology license and shall meet the teacher certification requirements in COMAR 13A.12.02.15.</text> </paragraph> <paragraph num="B."> <text>A cosmetology teacher may not instruct more than 25 students at any one time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Sanitation."> <text>A cosmetology program shall comply with the sanitation requirements established by the State Board of Cosmetologists in COMAR 09.22.03.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Denial, Suspension, and Revocation of Approval."> <paragraph num="A."> <text>Grounds. The State Board of Education may deny, suspend, or revoke approval of a cosmetology program if the program:</text> <paragraph num="(1)"> <text>Fails to meet the standards established in Regulations .02—.07 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Is cited by the State Board of Cosmetologists, after a hearing, for one or more sanitation violations that are a direct hazard to a client's health or safety;</text> </paragraph> <paragraph num="(3)"> <text>Fails to pay a fine imposed by the State Board of Cosmetologists, after a hearing for a sanitation violation, within 30 days; or</text> </paragraph> <paragraph num="(4)"> <text>Permits a student to practice cosmetology in violation of Business Occupations and Professions Article, §§5-302 and 5-303, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Decision.</text> <paragraph num="(1)"> <text>The Assistant State Superintendent for the Division of Career and College Readiness shall make a recommendation to the State Board of Education to deny, suspend, or revoke approval of a cosmetology program, stating the basis for the recommendation in writing. A copy of the recommendation shall be provided to the local school system.</text> </paragraph> <paragraph num="(2)"> <text>The local school system may file objections in response to the recommendation. The objections shall be filed with the State Board of Education within 30 days of receipt of the recommendation.</text> </paragraph> <paragraph num="(3)"> <text>The State Board of Education shall make the final decision. A copy of the decision shall be promptly delivered or mailed to the local school system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reinstatement. The State Department of Education may reinstate approval of a cosmetology program for which approval has been revoked if the local school system:</text> <paragraph num="(1)"> <text>Applies for reinstatement of approval in accordance with Regulation .01B of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Provides adequate evidence that the cosmetology program:</text> <paragraph num="(a)"> <text>Has cured the deficiencies which were the basis for revocation; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the standards established in Regulations .02—.07 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Business Occupations and Professions Article, §§5-301—5-305, 5-509, 5-523, and 5-608; Education Article, §§21-201—21-203; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 3, 1992 (19:15 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective September 12, 1994 (21:18 Md. R. 1511)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 2, 1993 (20:15 Md. R. 1220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 2, 1993 (20:15 Md. R. 1220); March 26, 2007 (34:6 Md. R. 628)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective September 12, 1994 (21:18 Md. R. 1511)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 27, 2017 (44:6 Md. R. 326)</annotation> </annotations> </chapter> <chapter num="20" heading="Program for Barbers"> <regulation prefix="Regulation" num=".01" heading="Program Approval."> <paragraph num="A."> <text>A barber program in a public school that possesses a school permit issued by the State Board of Barbers, that was valid as of June 30, 1991, shall be considered an approved barber program by the State Department of Education.</text> </paragraph> <paragraph num="B."> <text>To obtain approval for a barber program after June 30, 1991, a local school system shall apply to the State Department of Education on a form provided by the Department. The proposal for approval of a barber program shall meet all the requirements in Regulations .02—.06 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Program Completer Requirements for Barbers."> <paragraph num="A."> <text>A program of instruction for barber shall require a minimum of 1,200 locally determined clock hours of instruction of which:</text> <paragraph num="(1)"> <text>200 hours shall be theory and demonstration; and</text> </paragraph> <paragraph num="(2)"> <text>1,000 hours shall be practical application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The program shall include instruction in each of the following topics with hours as assigned by the local school system:</text> <paragraph num="(1)"> <text>Careers in barbering;</text> </paragraph> <paragraph num="(2)"> <text>Personal development;</text> </paragraph> <paragraph num="(3)"> <text>Bacteriology, sterilization, and sanitation;</text> </paragraph> <paragraph num="(4)"> <text>Implements, equipment, and supplies;</text> </paragraph> <paragraph num="(5)"> <text>Techniques of honing and stropping;</text> </paragraph> <paragraph num="(6)"> <text>Fundamentals of shaving;</text> </paragraph> <paragraph num="(7)"> <text>Shampooing and rinsing;</text> </paragraph> <paragraph num="(8)"> <text>Fundamentals and techniques of haircutting;</text> </paragraph> <paragraph num="(9)"> <text>Techniques of cutting and styling curly and over-curly hair;</text> </paragraph> <paragraph num="(10)"> <text>Techniques of mustache and beard trimming, and design;</text> </paragraph> <paragraph num="(11)"> <text>Fundamentals of scalp and hair services;</text> </paragraph> <paragraph num="(12)"> <text>Massage techniques;</text> </paragraph> <paragraph num="(13)"> <text>Facial services;</text> </paragraph> <paragraph num="(14)"> <text>Fundamentals of hair styling;</text> </paragraph> <paragraph num="(15)"> <text>Fundamentals of permanent waving;</text> </paragraph> <paragraph num="(16)"> <text>Fundamentals of chemical hair relaxing;</text> </paragraph> <paragraph num="(17)"> <text>Hair coloring;</text> </paragraph> <paragraph num="(18)"> <text>Hair pieces;</text> </paragraph> <paragraph num="(19)"> <text>Histology;</text> </paragraph> <paragraph num="(20)"> <text>Diseases and disorders of skin, scalp, and hair;</text> </paragraph> <paragraph num="(21)"> <text>Anatomy and physiology in related barbering;</text> </paragraph> <paragraph num="(22)"> <text>Electricity;</text> </paragraph> <paragraph num="(23)"> <text>Related basic chemistry for barbering;</text> </paragraph> <paragraph num="(24)"> <text>Barber shop management; and</text> </paragraph> <paragraph num="(25)"> <text>State laws and regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Related Instruction.</text> <paragraph num="(1)"> <text>Related instruction, not to exceed 240 hours, may apply toward the 1,200-hour requirement when the teacher of barbering approves hours for documented student participation in any of the following activities:</text> <paragraph num="(a)"> <text>Organizational activities of the Skills USA which are directly related to the subject of barbering;</text> </paragraph> <paragraph num="(b)"> <text>School-sponsored field trips planned for in the barber curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Work-study employment after successful completion of 800 hours of barbering instruction, which is supervised by a master barber and conducted under a work-based learning agreement with the school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The supervisor shall report on all matters concerning the student's progress in work-study employment as described in §C(1)(c) of this regulation to the work-study coordinator, or if none is assigned, to the school's teacher of barbering.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The barber teacher may certify the student's eligibility for admission to the State licensing examination upon:</text> <paragraph num="(1)"> <text>Demonstrated competency upon the completion of the required minimum number of hours in the program; and</text> </paragraph> <paragraph num="(2)"> <text>Certification of successful evaluation of the student's work by the teacher of barbering.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Work Kit."> <text>Each student shall have a work kit consisting of equipment and supplies, as determined by the teacher, needed to participate in the program. The work kit may be purchased from the school or any salon supplier in the marketplace.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Student Records."> <paragraph num="A."> <text>An enrollment record for each student shall be maintained as a permanent record by the school administrator of the building in which the barber program is housed.</text> </paragraph> <paragraph num="B."> <text>The student record shall:</text> <paragraph num="(1)"> <text>Be updated on a quarterly basis with the grade earned by the student;</text> </paragraph> <paragraph num="(2)"> <text>Be updated on a semester basis with the documented instructional hours earned during the student's active participation in the program;</text> </paragraph> <paragraph num="(3)"> <text>Support the student's eligibility for admission to the examination for journey barber; and</text> </paragraph> <paragraph num="(4)"> <text>Be used to comply with the testing vendor’s process for certifying student training and verifying student experience.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Barber Teachers."> <paragraph num="A."> <text>A barber teacher shall possess a master barber license and shall meet the teacher certification requirements in COMAR 13A.12.02.15.</text> </paragraph> <paragraph num="B."> <text>A barber teacher may not instruct more than 25 students at any one time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Sanitation."> <text>A barber program shall comply with the sanitation requirements established by the State Board of Barbers in COMAR 09.16.03.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Denial, Suspension, and Revocation of Approval."> <paragraph num="A."> <text>Grounds. The State Board of Education may deny, suspend, or revoke approval of a barber program if the program:</text> <paragraph num="(1)"> <text>Fails to meet the standards established in Regulations .02—.06 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Is cited by the State Board of Barbers, after a hearing, for one or more sanitation violations that are a direct hazard to a client's health or safety; or</text> </paragraph> <paragraph num="(3)"> <text>Fails to pay a fine imposed by the State Board of Barbers, after a hearing for a sanitation violation, within 30 days.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Decision.</text> <paragraph num="(1)"> <text>The Assistant State Superintendent for the Division of Career and College Readiness shall make a recommendation to the State Board of Education to deny, suspend, or revoke approval of a barber program, stating the basis for the recommendation in writing. A copy of the recommendation shall be provided to the local school system.</text> </paragraph> <paragraph num="(2)"> <text>The local school system may file objections in response to the recommendation. The objections shall be filed with the State Board of Education within 30 days of receipt of the recommendation.</text> </paragraph> <paragraph num="(3)"> <text>The State Board of Education shall make the final decision. A copy of the decision shall be promptly delivered or mailed to the local school system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reinstatement. The State Department of Education may reinstate approval of a barber program for which approval has been revoked if the local school system:</text> <paragraph num="(1)"> <text>Applies for reinstatement of approval in accordance with Regulation .01B of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Provides adequate evidence that the barber program:</text> <paragraph num="(a)"> <text>Has cured the deficiencies which were the basis for revocation; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the standards established in Regulations .02—.06 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Business Occupations and Professions Article, §§4-301, 4-302, 4-511, and 4-514; Education Article, §§21-201—21-203; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 3, 1992 (19:15 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective September 12, 1994 (21:18 Md. R. 1511)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective September 12, 1994 (21:18 Md. R. 1511); March 27, 2017 (44:6 Md. R. 326)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Special Instructional Programs"> <chapter num="01" heading="Provision of a Free Appropriate Public Education"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement Part B of the Individuals with Disabilities Education Act (IDEA), 34 CFR 300, and Education Article, Title 8, Subtitles 3 and 4, Annotated Code of Maryland, which assure a free appropriate public education (FAPE) for all students with disabilities, birth through the end of the school year in which the student turns 21 years old, in accordance with the student's individualized education program (IEP).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>This chapter applies to public agencies that provide educational services to students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, in accordance with the student's IEP, including the Maryland State Department of Education, local school systems, the SEED School, the Maryland Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.</text> </paragraph> <paragraph num="B."> <text>Early intervention services to eligible infants and toddlers, birth through 2 years old, and their families shall be provided in accordance with Part C of IDEA, 34 CFR 303, and COMAR 13A.13.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accommodation” means practices and procedures, in accordance with the Maryland Accommodations Manual, that provide students with disabilities equitable access during instruction and to assessments in the areas of:</text> <paragraph num="(a)"> <text>Presentation;</text> </paragraph> <paragraph num="(b)"> <text>Response;</text> </paragraph> <paragraph num="(c)"> <text>Setting; and</text> </paragraph> <paragraph num="(d)"> <text>Scheduling.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Act” means the Individuals with Disabilities Education Act, 20 U.S.C. §§1401—1419.</text> </paragraph> <paragraph num="(3)"> <text>“Assessment” means the process of collecting data in accordance with Regulation .05 of this chapter, to be used by the IEP team to determine a student's need for special education and related services.</text> </paragraph> <paragraph num="(4)"> <text>Assistive Technology Device.</text> <paragraph num="(a)"> <text>“Assistive technology device” means an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability, in accordance with 34 CFR §300.5.</text> </paragraph> <paragraph num="(b)"> <text>“Assistive technology device” does not include a medical device that is surgically implanted, or the replacement of such a device.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Assistive Technology Service.</text> <paragraph num="(a)"> <text>“Assistive technology service” means a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device,</text> </paragraph> <paragraph num="(b)"> <text>“Assistive technology service” includes:</text> <paragraph num="(i)"> <text>The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment;</text> </paragraph> <paragraph num="(ii)"> <text>Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;</text> </paragraph> <paragraph num="(iii)"> <text>Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;</text> </paragraph> <paragraph num="(iv)"> <text>Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;</text> </paragraph> <paragraph num="(v)"> <text>Training or technical assistance for a student with a disability or, if appropriate, the student's family; and</text> </paragraph> <paragraph num="(vi)"> <text>Training or technical assistance for professionals, including individuals providing education or rehabilitation services, employers, or other individuals who provide services, employ, or are otherwise substantially involved in the major life functions of a student with a disability, in accordance with 34 CFR §300.6.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>At No Cost.</text> <paragraph num="(a)"> <text>“At no cost” means the provision of all specially designed instruction without charge.</text> </paragraph> <paragraph num="(b)"> <text>“At no cost” does not include incidental fees that are typically charged to students without disabilities or to parents as a part of the regular education program, consistent with 34 CFR §300.39(b)(1).</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Audiology” means services which include:</text> <paragraph num="(a)"> <text>Identification of students with hearing loss;</text> </paragraph> <paragraph num="(b)"> <text>Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;</text> </paragraph> <paragraph num="(c)"> <text>Provision of habilitative activities such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation;</text> </paragraph> <paragraph num="(d)"> <text>Creation and administration of programs for the prevention of hearing loss;</text> </paragraph> <paragraph num="(e)"> <text>Counseling and guidance of students, parents, and teachers regarding hearing loss; and</text> </paragraph> <paragraph num="(f)"> <text>Determination of the student's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Autism” means a developmental disability that:</text> <paragraph num="(a)"> <text>Does not include emotional disability as defined in §B(23) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Significantly affects verbal and nonverbal communication and social interaction;</text> </paragraph> <paragraph num="(c)"> <text>Is generally evident before 3 years old;</text> </paragraph> <paragraph num="(d)"> <text>Adversely affects a student's educational performance; and</text> </paragraph> <paragraph num="(e)"> <text>May be characterized by:</text> <paragraph num="(i)"> <text>Engagement in repetitive activities and stereotyped movements,</text> </paragraph> <paragraph num="(ii)"> <text>Resistance to environmental change or change in daily routines, and</text> </paragraph> <paragraph num="(iii)"> <text>Unusual responses to sensory experiences.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Business day” means a day when a public agency is open for business whether or not students are required to be in attendance for instruction.</text> </paragraph> <paragraph num="(10)"> <text>“Career and technology education” means organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree.</text> </paragraph> <paragraph num="(11)"> <text>“Charter school” means a school that operates under the supervision of the public chartering authority in accordance with Education Article, §9-102, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>Consent.</text> <paragraph num="(a)"> <text>“Consent” means a parent:</text> <paragraph num="(i)"> <text>Has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;</text> </paragraph> <paragraph num="(ii)"> <text>Understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and</text> </paragraph> <paragraph num="(iii)"> <text>Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Consent” includes consent given to an action before a parent revokes consent, so that:</text> <paragraph num="(i)"> <text>If a parent revokes consent, that revocation is not retroactive and does not negate an action that occurred after the consent was given and before the consent was revoked; and</text> </paragraph> <paragraph num="(ii)"> <text>If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the student's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Consultation” means services provided to a teacher, parent, or other service provider, regarding a specific student, designed to support and enhance the implementation of a student's IEP.</text> </paragraph> <paragraph num="(14)"> <text>“Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.</text> </paragraph> <paragraph num="(15)"> <text>“Critical life skill” means a skill determined by the individualized education program (IEP) team to be critical to the student's overall educational progress.</text> </paragraph> <paragraph num="(16)"> <text>“Day” means a calendar day unless otherwise indicated as a school day or business day.</text> </paragraph> <paragraph num="(17)"> <text>“Deaf-blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that the student cannot be accommodated solely as a student with deafness or a student with blindness.</text> </paragraph> <paragraph num="(18)"> <text>“Deafness” means a hearing impairment which:</text> <paragraph num="(a)"> <text>Is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification; and</text> </paragraph> <paragraph num="(b)"> <text>Adversely affects the student's educational performance.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(20)"> <text>“Early identification” means the implementation of a formal process for identifying a disability as early as possible in a child's life.</text> </paragraph> <paragraph num="(21)"> <text>“Education record” means personally identifiable information, as defined by §B(55) of this regulation, about a student with a disability, maintained by a public agency, consistent with 34 CFR 99 and COMAR 13A.08.02.</text> </paragraph> <paragraph num="(22)"> <text>Elementary School.</text> <paragraph num="(a)"> <text>“Elementary school” means a public day or residential school that provides elementary education and programs in accordance with 34 CFR §300.7, and Education Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Elementary school” includes:</text> <paragraph num="(i)"> <text>Elementary charter schools; and</text> </paragraph> <paragraph num="(ii)"> <text>Preschool programs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(22-1)"> <text>Emergency Conditions.</text> <paragraph num="(a)"> <text>“Emergency Conditions” means a period of time of 10 school days or longer, during which:</text> <paragraph num="(i)"> <text>A child with a disability cannot be provided with an individualized education program or special education services at school; and</text> </paragraph> <paragraph num="(ii)"> <text>The school is providing instruction in some form to its students.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Emergency conditions” does not include:</text> <paragraph num="(i)"> <text>Disciplinary removals for 10 or more days under COMAR 13A.08.01.11; or</text> </paragraph> <paragraph num="(ii)"> <text>Students unable to participate in their school of enrollment due to a physical or emotional condition as described under COMAR 13A.03.05.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(23)"> <text>Emotional Disability.</text> <paragraph num="(a)"> <text>“Emotional disability” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects a student's educational performance:</text> <paragraph num="(i)"> <text>An inability to learn that cannot be explained by intellectual, sensory, or health factors;</text> </paragraph> <paragraph num="(ii)"> <text>An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;</text> </paragraph> <paragraph num="(iii)"> <text>Inappropriate types of behavior or feelings under normal circumstances;</text> </paragraph> <paragraph num="(iv)"> <text>A general, pervasive mood of unhappiness or depression; or</text> </paragraph> <paragraph num="(v)"> <text>A tendency to develop physical symptoms or fears associated with personal or school problems.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Emotional disability” includes schizophrenia.</text> </paragraph> <paragraph num="(c)"> <text>“Emotional disability” does not include a student who is socially maladjusted, unless it is determined that the student has an emotional disability.</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Equipment” means:</text> <paragraph num="(a)"> <text>Machinery, utilities, and built-in equipment, and enclosures necessary to house the machinery, utilities, or equipment; and</text> </paragraph> <paragraph num="(b)"> <text>Other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including:</text> <paragraph num="(i)"> <text>Instructional equipment and necessary furniture;</text> </paragraph> <paragraph num="(ii)"> <text>Printed, published, and audiovisual instructional materials;</text> </paragraph> <paragraph num="(iii)"> <text>Telecommunications, sensory, and other technological aids and devices;</text> </paragraph> <paragraph num="(iv)"> <text>Books, periodicals, and documents; and</text> </paragraph> <paragraph num="(v)"> <text>Other related materials.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(25)"> <text>Evaluation.</text> <paragraph num="(a)"> <text>“Evaluation” means the process of reviewing:</text> <paragraph num="(i)"> <text>Information from parents;</text> </paragraph> <paragraph num="(ii)"> <text>Existing data; and</text> </paragraph> <paragraph num="(iii)"> <text>Results of assessment procedures used to determine whether a student has a disability, and the nature and extent of the special education and related services that the student needs.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Evaluation” means a review at a meeting of the IEP team and other qualified professionals, as appropriate, in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Extended school year services” means the individualized extension of specific special education and related services that:</text> <paragraph num="(a)"> <text>Are provided to a student with a disability beyond the normal school year of the public agency or nonpublic school the student attends, in accordance with the student's IEP;</text> </paragraph> <paragraph num="(b)"> <text>Are provided at no cost to the parents of the student; and</text> </paragraph> <paragraph num="(c)"> <text>Meet the standards of the Department.</text> </paragraph> </paragraph> <paragraph num="(27)"> <text>“Free appropriate public education (FAPE)” means special education and related services that:</text> <paragraph num="(a)"> <text>Are provided at public expense, under public supervision and direction;</text> </paragraph> <paragraph num="(b)"> <text>Meet the standards of the Department, including the requirements of 34 CFR §§300.8, 300.101, 300.102, and 300.530(d) and this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Include preschool, elementary, or secondary education; and</text> </paragraph> <paragraph num="(d)"> <text>Are provided in conformity with an IEP that meets the requirements of 20 U.S.C. §1414, and this chapter.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“General curriculum” means the curricular content adopted by a public agency, or schools within a public agency, for students from preschool through secondary education.</text> </paragraph> <paragraph num="(29)"> <text>“Hearing impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a student's educational performance, but which is not included in §B(18) of this regulation.</text> </paragraph> <paragraph num="(30)"> <text>“Homeless students” means children and youth as defined by §725 of the McKinney-Vento Homeless Assistance Act and COMAR 13A.05.09.</text> </paragraph> <paragraph num="(31)"> <text>“Impartial hearing officer” means an administrative law judge appointed by the Office of Administrative Hearings to conduct a due process hearing in accordance with 34 CFR §300.511(c) and Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(32)"> <text>“Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.</text> </paragraph> <paragraph num="(33)"> <text>“Independent educational evaluation” means assessment procedures conducted by a qualified individual who is not employed by the public agency responsible for the education of the student.</text> </paragraph> <paragraph num="(34)"> <text>“Individualized education program (IEP)” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§300.320—300.324 and Regulations .08 and .09 of this chapter.</text> </paragraph> <paragraph num="(35)"> <text>“IEP team” means a group of individuals responsible for:</text> <paragraph num="(a)"> <text>Identifying and evaluating students with disabilities in accordance with 34 CFR §§300.301—300.311 and Regulations .04—.06 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Developing, reviewing, or revising an IEP for a student with a disability in accordance with 34 CFR §§300.320—300.328 and Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Determining the placement of a student with a disability in the least restrictive environment (LRE) in accordance with 34 CFR §§300.114 — 300.117 and Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(36)"> <text>“Intellectual disability” means general intellectual functioning, adversely affecting a student's educational performance, that:</text> <paragraph num="(a)"> <text>Is significantly subaverage;</text> </paragraph> <paragraph num="(b)"> <text>Exists concurrently with deficits in adaptive behavior; and</text> </paragraph> <paragraph num="(c)"> <text>Is manifested during the developmental period.</text> </paragraph> </paragraph> <paragraph num="(37)"> <text>Interpreting Services.</text> <paragraph num="(a)"> <text>“Interpreting services” means services for students who are deaf or hard of hearing.</text> </paragraph> <paragraph num="(b)"> <text>“Interpreting services” include:</text> <paragraph num="(i)"> <text>Oral transliteration services;</text> </paragraph> <paragraph num="(ii)"> <text>Cued language transliteration services;</text> </paragraph> <paragraph num="(iii)"> <text>Sign language transliteration and interpreting services;</text> </paragraph> <paragraph num="(iv)"> <text>Transcription services, including Communication Access Real-Time Translation (CART), C-Print, and TypeWell; and</text> </paragraph> <paragraph num="(v)"> <text>Special interpreting services for students who are deaf-blind.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(37-1)"> <text>“Learning Continuity Plan” means the sections of the IEP that address the provisions of a free appropriate public education during emergency conditions.</text> </paragraph> <paragraph num="(38)"> <text>“Limited English proficient (LEP)” means an individual who does not speak English as the individual's primary language and who has a limited ability to read, speak, write, or understand English.</text> </paragraph> <paragraph num="(39)"> <text>“Local school system (LSS)” means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities.</text> </paragraph> <paragraph num="(40)"> <text>“Mediator” means a qualified individual:</text> <paragraph num="(a)"> <text>Selected by the Office of Administrative Hearings to conduct mediation in accordance with 34 CFR §300.506, Education Article §8-413, Annotated Code of Maryland, and Regulation .15B of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Trained in effective mediation techniques.</text> </paragraph> </paragraph> <paragraph num="(41)"> <text>“Medical services” means services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services.</text> </paragraph> <paragraph num="(42)"> <text>Meeting.</text> <paragraph num="(a)"> <text>“Meeting” means a prearranged event when personnel of a public agency, a parent, and others who have knowledge or special expertise regarding the student, at the discretion of the public agency or the parent, come together at the same time and place to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a student with a disability.</text> </paragraph> <paragraph num="(b)"> <text>“Meeting” does not include:</text> <paragraph num="(i)"> <text>Informal or unscheduled conversations with public agency personnel;</text> </paragraph> <paragraph num="(ii)"> <text>Conversations on issues of teaching methodology, lesson plans, or coordination of service provision, if these issues are not addressed on the student's IEP; or</text> </paragraph> <paragraph num="(iii)"> <text>Preparatory activities of public agency personnel necessary to develop a proposal or response to a parent proposal that will be discussed at a later meeting.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(43)"> <text>“Modifications” means practices that change, lower, or alter learning expectations, in accordance with the Maryland Accommodations Manual.</text> </paragraph> <paragraph num="(44)"> <text>Multiple Disabilities.</text> <paragraph num="(a)"> <text>“Multiple disabilities” means concomitant impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes such severe educational problems that the student cannot be accommodated in special education programs solely for one of the impairments.</text> </paragraph> <paragraph num="(b)"> <text>“Multiple disabilities” does not include students with deaf-blindness.</text> </paragraph> </paragraph> <paragraph num="(45)"> <text>Native Language.</text> <paragraph num="(a)"> <text>“Native language” means the language normally used by an individual who is limited English proficient, or the language normally used by the parent of the student in accordance with 34 CFR §29.</text> </paragraph> <paragraph num="(b)"> <text>“Native language” includes the language normally used by the student in:</text> <paragraph num="(i)"> <text>All direct contact;</text> </paragraph> <paragraph num="(ii)"> <text>Assessment and evaluation;</text> </paragraph> <paragraph num="(iii)"> <text>The student's home; and</text> </paragraph> <paragraph num="(iv)"> <text>The student's learning environment.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Native language” includes the mode of communication that is normally used by an individual:</text> <paragraph num="(i)"> <text>Who is blind;</text> </paragraph> <paragraph num="(ii)"> <text>Who is deaf; or</text> </paragraph> <paragraph num="(iii)"> <text>With no written language.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(46)"> <text>“Nonacademic and extracurricular activities and services” means activities and services which may include:</text> <paragraph num="(a)"> <text>Counseling services, athletics, transportation, health services, recreational activities, special interest groups, or clubs sponsored by the public agency;</text> </paragraph> <paragraph num="(b)"> <text>Referrals to agencies that provide assistance to individuals with disabilities; and</text> </paragraph> <paragraph num="(c)"> <text>Employment of students, including employment by the public agency and assistance in making outside employment available.</text> </paragraph> </paragraph> <paragraph num="(47)"> <text>“Nonpublic school” means a day or residential educational program that is governed and operated by an individual or entity, excluding the federal government or any State, county, or municipal agency, or division of these, in accordance with COMAR 13A.09.10.</text> </paragraph> <paragraph num="(48)"> <text>“Occupational therapy” means services which include:</text> <paragraph num="(a)"> <text>Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;</text> </paragraph> <paragraph num="(b)"> <text>Improving ability to perform tasks for independent functioning when functions are impaired or lost; and</text> </paragraph> <paragraph num="(c)"> <text>Preventing, through early intervention, initial or further impairment or loss of function.</text> </paragraph> </paragraph> <paragraph num="(49)"> <text>Orientation and Mobility Services.</text> <paragraph num="(a)"> <text>“Orientation and mobility services” means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community.</text> </paragraph> <paragraph num="(b)"> <text>“Orientation and mobility services” includes:</text> <paragraph num="(i)"> <text>Teaching students spatial and environmental concepts and use of information received by the senses, such as sound, temperature, and vibrations, to establish, maintain, or regain orientation and line of travel;</text> </paragraph> <paragraph num="(ii)"> <text>Teaching students to use the long cane or a service animal, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;</text> </paragraph> <paragraph num="(iii)"> <text>Teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and</text> </paragraph> <paragraph num="(iv)"> <text>Other concepts, techniques, and tools, as determined appropriate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(50)"> <text>Orthopedic Impairment.</text> <paragraph num="(a)"> <text>“Orthopedic impairment” means a severe orthopedic impairment that adversely affects a student's educational performance.</text> </paragraph> <paragraph num="(b)"> <text>“Orthopedic impairment” includes impairments:</text> <paragraph num="(i)"> <text>Caused by congenital anomaly, such as clubfoot or absence of some member;</text> </paragraph> <paragraph num="(ii)"> <text>Caused by disease such as poliomyelitis or bone tuberculosis; and</text> </paragraph> <paragraph num="(iii)"> <text>From other causes such as cerebral palsy, amputations, and fractures or burns which cause contractures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(51)"> <text>“Other health impairment” means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that is adversely affecting a student's educational performance, due to chronic or acute health problems such as:</text> <paragraph num="(a)"> <text>Asthma;</text> </paragraph> <paragraph num="(b)"> <text>Attention deficit disorder or attention deficit hyperactivity disorder;</text> </paragraph> <paragraph num="(c)"> <text>Diabetes;</text> </paragraph> <paragraph num="(d)"> <text>Epilepsy;</text> </paragraph> <paragraph num="(e)"> <text>A heart condition;</text> </paragraph> <paragraph num="(f)"> <text>Hemophilia;</text> </paragraph> <paragraph num="(g)"> <text>Lead poisoning;</text> </paragraph> <paragraph num="(h)"> <text>Leukemia;</text> </paragraph> <paragraph num="(i)"> <text>Nephritis;</text> </paragraph> <paragraph num="(j)"> <text>Rheumatic fever;</text> </paragraph> <paragraph num="(k)"> <text>Sickle cell anemia; or</text> </paragraph> <paragraph num="(l)"> <text>Tourette syndrome.</text> </paragraph> </paragraph> <paragraph num="(52)"> <text>Parent.</text> <paragraph num="(a)"> <text>“Parent” means:</text> <paragraph num="(i)"> <text>A biological or adoptive parent;</text> </paragraph> <paragraph num="(ii)"> <text>A guardian;</text> </paragraph> <paragraph num="(iii)"> <text>A person acting as a parent of a student, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare;</text> </paragraph> <paragraph num="(iv)"> <text>A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care; or</text> </paragraph> <paragraph num="(v)"> <text>A surrogate parent who has been appointed in accordance with 34 CFR §300.519 and Education Article, §8-412, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Parent” does not include:</text> <paragraph num="(i)"> <text>An employee of a public agency responsible for the education or care of the child; or</text> </paragraph> <paragraph num="(ii)"> <text>The State, if the child is a ward of the State.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(53)"> <text>“Parent counseling and training” means:</text> <paragraph num="(a)"> <text>Assisting parents in understanding the special needs of the child; and</text> </paragraph> <paragraph num="(b)"> <text>Providing parents with information about child development.</text> </paragraph> </paragraph> <paragraph num="(54)"> <text>“Participating agency” means a public agency, other than the public agency responsible for the student's education, that is financially and legally responsible for providing or paying for the provision of transition services to the student.</text> </paragraph> <paragraph num="(55)"> <text>“Personally identifiable information” means information that includes:</text> <paragraph num="(a)"> <text>The name of the student, the student's parent, or other family member;</text> </paragraph> <paragraph num="(b)"> <text>The address of the student;</text> </paragraph> <paragraph num="(c)"> <text>A personal identifier such as the student's Social Security number or student number; and</text> </paragraph> <paragraph num="(d)"> <text>A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.</text> </paragraph> </paragraph> <paragraph num="(56)"> <text>Physical Education.</text> <paragraph num="(a)"> <text>“Physical education” means the development of:</text> <paragraph num="(i)"> <text>Physical and motor fitness;</text> </paragraph> <paragraph num="(ii)"> <text>Fundamental motor skills and patterns; and</text> </paragraph> <paragraph num="(iii)"> <text>Skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Physical education” includes:</text> <paragraph num="(i)"> <text>Special physical education;</text> </paragraph> <paragraph num="(ii)"> <text>Adaptive physical education;</text> </paragraph> <paragraph num="(iii)"> <text>Movement education; and</text> </paragraph> <paragraph num="(iv)"> <text>Motor development.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(57)"> <text>“Physical therapy” means services provided by a qualified physical therapist or physical therapy assistant, in accordance with Health Occupations Article, §13-101(h), Annotated Code of Maryland, and COMAR 10.38.03.02.</text> </paragraph> <paragraph num="(58)"> <text>“Psychological services” means services that include:</text> <paragraph num="(a)"> <text>Administering psychological and educational tests, and other assessment procedures;</text> </paragraph> <paragraph num="(b)"> <text>Interpreting assessment results;</text> </paragraph> <paragraph num="(c)"> <text>Obtaining, integrating, and interpreting information about student behavior and conditions relating to learning;</text> </paragraph> <paragraph num="(d)"> <text>Consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;</text> </paragraph> <paragraph num="(e)"> <text>Planning and managing a program of psychological services, including psychological counseling for students and parents; and</text> </paragraph> <paragraph num="(f)"> <text>Assisting in developing positive behavioral intervention strategies.</text> </paragraph> </paragraph> <paragraph num="(59)"> <text>Public Agency.</text> <paragraph num="(a)"> <text>“Public agency” means a State or local government or quasi-government entity responsible for the provision of a free appropriate public education to students with disabilities.</text> </paragraph> <paragraph num="(b)"> <text>“Public agency” includes local school systems, the SEED School, the Department, the Maryland Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.</text> </paragraph> </paragraph> <paragraph num="(60)"> <text>“Public expense” means the cost of services paid or provided by a public agency at no cost to the parent.</text> </paragraph> <paragraph num="(61)"> <text>“Qualified” means an individual who has met the State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individual is providing special education or related services.</text> </paragraph> <paragraph num="(62)"> <text>“Recreation” means services which include assessment of leisure function, therapeutic recreation services, recreation programs in schools and other community agencies, and leisure education.</text> </paragraph> <paragraph num="(63)"> <text>“Reevaluation” means an evaluation conducted after the initial evaluation in accordance with Regulation .06D of this chapter.</text> </paragraph> <paragraph num="(64)"> <text>“Rehabilitation counseling services” means services provided:</text> <paragraph num="(a)"> <text>By qualified personnel in individual and group sessions that focus specifically on:</text> <paragraph num="(i)"> <text>Career development,</text> </paragraph> <paragraph num="(ii)"> <text>Employment preparation,</text> </paragraph> <paragraph num="(iii)"> <text>Achieving independence, and</text> </paragraph> <paragraph num="(iv)"> <text>Integration in the workplace and community of a student with a disability; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>To students with disabilities by vocational rehabilitation services funded under the Rehabilitation Act of 1973.</text> </paragraph> </paragraph> <paragraph num="(65)"> <text>Related Services.</text> <paragraph num="(a)"> <text>“Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a student with a disability to benefit from special education.</text> </paragraph> <paragraph num="(b)"> <text>“Related services” includes:</text> <paragraph num="(i)"> <text>Speech-language pathology;</text> </paragraph> <paragraph num="(ii)"> <text>Audiology;</text> </paragraph> <paragraph num="(iii)"> <text>Interpreting services;</text> </paragraph> <paragraph num="(iv)"> <text>Psychological services;</text> </paragraph> <paragraph num="(v)"> <text>Physical and occupational therapy;</text> </paragraph> <paragraph num="(vi)"> <text>Recreation, including therapeutic recreation;</text> </paragraph> <paragraph num="(vii)"> <text>Early identification and assessment of disabilities in students;</text> </paragraph> <paragraph num="(viii)"> <text>Counseling services, including rehabilitation counseling;</text> </paragraph> <paragraph num="(ix)"> <text>Orientation and mobility services;</text> </paragraph> <paragraph num="(x)"> <text>Medical services for diagnostic or evaluation purposes;</text> </paragraph> <paragraph num="(xi)"> <text>School health services, including school nursing services;</text> </paragraph> <paragraph num="(xii)"> <text>Social work services in schools; and</text> </paragraph> <paragraph num="(xiii)"> <text>Parent counseling and training.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Related services” does not include:</text> <paragraph num="(i)"> <text>A surgically implanted medical device;</text> </paragraph> <paragraph num="(ii)"> <text>The optimization of the device's functioning;</text> </paragraph> <paragraph num="(iii)"> <text>Maintenance of the device; or</text> </paragraph> <paragraph num="(iv)"> <text>Replacement of the device.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(66)"> <text>“School day” means a day, including a partial day, when a public agency is open and students with and without disabilities are required to be in attendance for instruction in accordance with COMAR 13A.08.02.01.</text> </paragraph> <paragraph num="(67)"> <text>“School health services” means services:</text> <paragraph num="(a)"> <text>Provided by a qualified school nurse or other qualified individual; and</text> </paragraph> <paragraph num="(b)"> <text>Designed to enable a student with a disability to receive FAPE as described in the student's IEP.</text> </paragraph> </paragraph> <paragraph num="(68)"> <text>Secondary School.</text> <paragraph num="(a)"> <text>“Secondary school” means a public day or residential school that provides secondary education in accordance with 34 CFR §300.36, Education Article.</text> </paragraph> <paragraph num="(b)"> <text>“Secondary school” does not include education beyond grade 12.</text> </paragraph> </paragraph> <paragraph num="(69)"> <text>“Service plan” means a written statement developed and implemented in accordance with 34 CFR §§300.131—300.144 and Regulation .16B of this chapter, that describes the special education and related services a local school system shall provide to a parentally placed private school student with a disability designated to receive services, including the location of the services and any transportation necessary.</text> </paragraph> <paragraph num="(70)"> <text>“Social work services in schools” means services which include:</text> <paragraph num="(a)"> <text>Preparing a social or developmental history of a student with a disability;</text> </paragraph> <paragraph num="(b)"> <text>Group and individual counseling with the student and family;</text> </paragraph> <paragraph num="(c)"> <text>Working with those problems in a student's living situation, such as home, school, and community, that affect the student's adjustment in school;</text> </paragraph> <paragraph num="(d)"> <text>Mobilizing school and community resources to enable the student to learn as effectively as possible in the student's educational program; and</text> </paragraph> <paragraph num="(e)"> <text>Assisting in the development of positive behavioral intervention strategies.</text> </paragraph> </paragraph> <paragraph num="(71)"> <text>Special Education.</text> <paragraph num="(a)"> <text>“Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings.</text> </paragraph> <paragraph num="(b)"> <text>“Special education” includes speech-language pathology services, travel training, career and technology education, and instruction in physical education if the service consists of specially designed instruction.</text> </paragraph> </paragraph> <paragraph num="(72)"> <text>“Specially designed instruction” means the adaptation of content, methodology, or delivery of instruction to address the unique needs of a student with a disability to ensure access to the general curriculum, so that the student can meet the educational standards that apply to each student within the jurisdiction of the public agency.</text> </paragraph> <paragraph num="(73)"> <text>Specific Learning Disability (SLD).</text> <paragraph num="(a)"> <text>“SLD” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, consistent with Department criteria.</text> </paragraph> <paragraph num="(b)"> <text>“SLD” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.</text> </paragraph> <paragraph num="(c)"> <text>“SLD” does not include students who have learning problems which are primarily the result of visual, hearing, or motor impairments, intellectual disability, emotional disability, or environmental, cultural, or economic disadvantage.</text> </paragraph> </paragraph> <paragraph num="(74)"> <text>“Speech or language impairment” means a communication disorder such as stuttering, impaired articulation, voice impairment, or language impairment that adversely affects a student's educational performance.</text> </paragraph> <paragraph num="(75)"> <text>“Speech-language pathology” means services which include:</text> <paragraph num="(a)"> <text>Identification of students with speech or language impairments;</text> </paragraph> <paragraph num="(b)"> <text>Diagnosis and appraisal of specific speech or language impairments;</text> </paragraph> <paragraph num="(c)"> <text>Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;</text> </paragraph> <paragraph num="(d)"> <text>Provision of speech and language services for the habilitation or prevention of communicative impairments; and</text> </paragraph> <paragraph num="(e)"> <text>Counseling and guidance of parents, students, and teachers regarding speech and language impairments.</text> </paragraph> </paragraph> <paragraph num="(76)"> <text>“Statewide assessment” means the testing procedures adopted by the State Board of Education to measure student or school performance, consistent with 20 U.S.C. §1412(a)(16).</text> </paragraph> <paragraph num="(77)"> <text>“Student with a developmental delay” means a student within the age range of 3 years old through 7 years old assessed and evaluated in accordance with Regulations .05 and .06 of this chapter as having:</text> <paragraph num="(a)"> <text>A 25 percent or greater delay in adaptive, cognitive, communicative, emotional, physical, or social development;</text> </paragraph> <paragraph num="(b)"> <text>Atypical development or behavior as defined in COMAR 13A.13.01.03B(12)(b); or</text> </paragraph> <paragraph num="(c)"> <text>A diagnosed physical or mental condition as defined in COMAR 13A.13.01.03B(12)(c).</text> </paragraph> </paragraph> <paragraph num="(78)"> <text>“Student with a disability” means a student, 3 years old through the end of the school year in which the student turns 21 years old:</text> <paragraph num="(a)"> <text>Evaluated in accordance with Regulation .06 of this chapter as having:</text> <paragraph num="(i)"> <text>Autism,</text> </paragraph> <paragraph num="(ii)"> <text>Deaf-blindness,</text> </paragraph> <paragraph num="(iii)"> <text>Emotional disability,</text> </paragraph> <paragraph num="(iv)"> <text>Hearing impairment, including deafness,</text> </paragraph> <paragraph num="(v)"> <text>Intellectual disability;</text> </paragraph> <paragraph num="(vi)"> <text>Multiple disability,</text> </paragraph> <paragraph num="(vii)"> <text>Orthopedic impairment,</text> </paragraph> <paragraph num="(viii)"> <text>Other health impairment,</text> </paragraph> <paragraph num="(ix)"> <text>Specific learning disability,</text> </paragraph> <paragraph num="(x)"> <text>Speech or language impairment,</text> </paragraph> <paragraph num="(xi)"> <text>Traumatic brain injury, or</text> </paragraph> <paragraph num="(xii)"> <text>Visual impairment, including blindness; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Who, because of the impairment, needs special education and related services.</text> </paragraph> </paragraph> <paragraph num="(79)"> <text>“Supplementary aids and services” means aids and services and other supports that are provided in regular education classes, other education-related settings, and extracurricular and nonacademic settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate in accordance with 34 CFR §§300.114 — 300.116 and Regulation .10 of this chapter.</text> </paragraph> <paragraph num="(80)"> <text>Transition Services.</text> <paragraph num="(a)"> <text>“Transition services” means a coordinated set of activities for a student with a disability, designed within a results-oriented process, that is focused on improving the academic and functional achievement of a student with a disability to facilitate the student's movement from school to post-school activities, including:</text> <paragraph num="(i)"> <text>Post-secondary education;</text> </paragraph> <paragraph num="(ii)"> <text>Career and technology education;</text> </paragraph> <paragraph num="(iii)"> <text>Integrated employment, including supported employment;</text> </paragraph> <paragraph num="(iv)"> <text>Continuing and adult education;</text> </paragraph> <paragraph num="(v)"> <text>Adult services;</text> </paragraph> <paragraph num="(vi)"> <text>Independent living; or</text> </paragraph> <paragraph num="(vii)"> <text>Community participation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Transition services” also means activities based on the student's needs, taking into account the student's strengths, preferences, and interests.</text> </paragraph> <paragraph num="(c)"> <text>“Transition services” include:</text> <paragraph num="(i)"> <text>Needed activities in the areas of instruction, related services, community experiences, development of employment, or other post-school adult living objectives;</text> </paragraph> <paragraph num="(ii)"> <text>Acquisition of daily living skills; and</text> </paragraph> <paragraph num="(iii)"> <text>Functional vocational evaluation, if appropriate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(81)"> <text>“Transportation” means services which include:</text> <paragraph num="(a)"> <text>Travel to and from school and between schools;</text> </paragraph> <paragraph num="(b)"> <text>Travel in and around school buildings; and</text> </paragraph> <paragraph num="(c)"> <text>Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability.</text> </paragraph> </paragraph> <paragraph num="(82)"> <text>Traumatic Brain Injury.</text> <paragraph num="(a)"> <text>“Traumatic brain injury” means an acquired injury to the brain, caused by an external force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance.</text> </paragraph> <paragraph num="(b)"> <text>“Traumatic brain injury” includes open or closed head injuries resulting in impairments in one or more areas such as:</text> <paragraph num="(i)"> <text>Cognition;</text> </paragraph> <paragraph num="(ii)"> <text>Language;</text> </paragraph> <paragraph num="(iii)"> <text>Memory;</text> </paragraph> <paragraph num="(iv)"> <text>Attention;</text> </paragraph> <paragraph num="(v)"> <text>Reasoning;</text> </paragraph> <paragraph num="(vi)"> <text>Abstract thinking;</text> </paragraph> <paragraph num="(vii)"> <text>Judgment;</text> </paragraph> <paragraph num="(viii)"> <text>Problem solving;</text> </paragraph> <paragraph num="(ix)"> <text>Sensory, perceptual, and motor abilities;</text> </paragraph> <paragraph num="(x)"> <text>Psychosocial behavior;</text> </paragraph> <paragraph num="(xi)"> <text>Physical functions;</text> </paragraph> <paragraph num="(xii)"> <text>Information processing; and</text> </paragraph> <paragraph num="(xiii)"> <text>Speech.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Traumatic brain injury” does not include brain injuries that are:</text> <paragraph num="(i)"> <text>Congenital or degenerative; or</text> </paragraph> <paragraph num="(ii)"> <text>Induced by birth trauma.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(83)"> <text>“Travel training” means providing instruction to students with disabilities, as appropriate, who require this instruction to enable them to:</text> <paragraph num="(a)"> <text>Develop an awareness of the environment in which they live; and</text> </paragraph> <paragraph num="(b)"> <text>Learn the skills necessary to move effectively and safely from place to place within that environment.</text> </paragraph> </paragraph> <paragraph num="(84)"> <text>Visual Impairment.</text> <paragraph num="(a)"> <text>“Visual impairment” means impairment in vision which, even with correction, adversely affects a student's educational performance.</text> </paragraph> <paragraph num="(b)"> <text>“Visual impairment” includes partial sight and blindness.</text> </paragraph> </paragraph> <paragraph num="(85)"> <text>Ward of the State.</text> <paragraph num="(a)"> <text>“Ward of the State” means a child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child.</text> </paragraph> <paragraph num="(b)"> <text>“Ward of the State” does not include a foster child who has a foster parent who meets the definition of a parent as defined in §B(52)(a)(iv) of this regulation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Referral."> <paragraph num="A."> <text>Referral to a Public Agency.</text> <paragraph num="(1)"> <text>A student with a suspected disability who may need special education shall be referred, in writing, to a public agency.</text> </paragraph> <paragraph num="(2)"> <text>An initial referral may be initiated by:</text> <paragraph num="(a)"> <text>The student's parent; or</text> </paragraph> <paragraph num="(b)"> <text>A representative of a public agency.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services:</text> <paragraph num="(a)"> <text>When, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided instruction, as described in §B(1) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Whenever a student is referred for an evaluation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A public agency shall adhere to the time frames described in Regulation .06A of this chapter, unless the student's parent and the IEP team extend the time frame by mutual written agreement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Determination of Need for Assessment.</text> <paragraph num="(1)"> <text>The public agency shall ensure:</text> <paragraph num="(a)"> <text>That assessment procedures are administered as needed, in accordance with Regulation .05 of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>The student's parent receives written notice of any assessment procedure the public agency proposes or refuses to conduct, in accordance with Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The public agency shall provide the student's parent written notice in accordance with Regulation .12 of this chapter if the public agency:</text> <paragraph num="(a)"> <text>Determines that no additional data is needed; or</text> </paragraph> <paragraph num="(b)"> <text>Does not suspect the student of being a student with a disability or a student with a developmental delay in accordance with this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the parent disagrees with the decision as described in §B(2) of this regulation, the parent may appeal the decision in accordance with Regulation .15B and C of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Assessment."> <paragraph num="A."> <text>Nondiscrimination. A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are selected and administered in a manner which is not racially or culturally discriminatory.</text> </paragraph> <paragraph num="B."> <text>Assessment Procedures.</text> <paragraph num="(1)"> <text>A student shall be assessed in all areas related to the suspected disability, consistent with 34 CFR §300.304(c)(4).</text> </paragraph> <paragraph num="(2)"> <text>A variety of assessment tools and strategies shall be used to gather sufficient relevant functional, cognitive, developmental, behavioral, academic, and physical information, and information provided by the parent to enable the IEP team to determine:</text> <paragraph num="(a)"> <text>If the student is a student with a disability;</text> </paragraph> <paragraph num="(b)"> <text>The student's educational needs;</text> </paragraph> <paragraph num="(c)"> <text>The content of a student's IEP, including information related to enabling the student to be involved in and progress in the general curriculum, or, for preschool students, to participate in appropriate activities; and</text> </paragraph> <paragraph num="(d)"> <text>Each special education and related service needed by a student, regardless of whether the need is commonly linked to the student's disability.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A single procedure may not be used as the sole criterion for determining:</text> <paragraph num="(a)"> <text>If a student is a student with a disability; and</text> </paragraph> <paragraph num="(b)"> <text>An appropriate educational program for a student.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Initial assessments for students with disabilities who transfer from one public agency to another in the same school year shall be expeditiously coordinated with the student's prior and subsequent public agency to ensure prompt completion of an initial evaluation as specified in 34 CFR §300.301 and Regulation .06 of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>Observation for the Determination of an SLD.</text> <paragraph num="(a)"> <text>If a student is suspected of being a student with an SLD, or is a student with an SLD, at least one member of the IEP team, other than the student's regular education teacher, shall observe the student in the student's learning environment, including the regular classroom setting, to document academic performance and behavior in the areas of difficulty, in accordance with 34 CFR §300.310.</text> </paragraph> <paragraph num="(b)"> <text>In determining whether the student has an SLD, the IEP team shall:</text> <paragraph num="(i)"> <text>Use information from an observation in routine classroom instruction and monitoring of the student's performance that occurred before the child was referred for an evaluation; or</text> </paragraph> <paragraph num="(ii)"> <text>Have at least one member of the IEP team conduct an observation of the student's academic performance in the regular classroom after the student has been referred for an evaluation and parental consent is obtained consistent with 34 CFR §300.300(a).</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If a student is younger than school age or not in school, an IEP team member shall observe the student in an environment appropriate for a student of that age.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Assessment Materials.</text> <paragraph num="(1)"> <text>A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are:</text> <paragraph num="(a)"> <text>Technically sound; and</text> </paragraph> <paragraph num="(b)"> <text>Provided and administered in the student's native language or other mode of communication, in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to provide or administer.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A standardized test administered to a student shall be:</text> <paragraph num="(a)"> <text>Valid for the specific purpose for which it is used; and</text> </paragraph> <paragraph num="(b)"> <text>Administered by trained and knowledgeable personnel in conformance with the instructions provided by the producer of the test.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Tests and other assessment materials are not limited to procedures designed to provide a single general intelligence quotient and include procedures tailored to assess:</text> <paragraph num="(a)"> <text>Specific areas of educational need; and</text> </paragraph> <paragraph num="(b)"> <text>The extent to which a student with limited English is a student with a disability, rather than measuring a student's English language skills.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The results of assessment procedures selected for use with a student with impaired sensory, manual, or speaking skills shall accurately reflect the student's aptitude or achievement level, and the other factors procedures purport to measure, rather than the student's impaired sensory, manual, or speaking skills, except when those skills are the factors that procedures purport to measure.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Report of Assessments.</text> <paragraph num="(1)"> <text>A report of assessment procedures administered to a student in each area of suspected disability, as determined in accordance with Regulation .04 of this chapter, shall be available to the parents, consistent with Education Article, §8-405, Annotated Code of Maryland, and to the IEP team at the time of the evaluation.</text> </paragraph> <paragraph num="(2)"> <text>Each report of assessment procedures shall be written, dated, and signed by the individual who conducted the assessment.</text> </paragraph> <paragraph num="(3)"> <text>Each report of assessment procedures shall include:</text> <paragraph num="(a)"> <text>A description of the student's performance in each area of suspected disability;</text> </paragraph> <paragraph num="(b)"> <text>Relevant information in accordance with §B(2) of this regulation;</text> </paragraph> <paragraph num="(c)"> <text>Instructional implications for the student's participation in the general curriculum or, for a preschool student, participation in appropriate activities; and</text> </paragraph> <paragraph num="(d)"> <text>A description of the extent to which assessment procedures were not conducted under standard conditions, consistent with 34 CFR §300.304(c).</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Evaluation, Reevaluation, and Eligibility."> <paragraph num="A."> <text>Initial Evaluation.</text> <paragraph num="(1)"> <text>An IEP team shall complete an initial evaluation of a student, consistent with 34 CFR §300.301(c)(1), within:</text> <paragraph num="(a)"> <text>60 days of parental consent for assessments in accordance with Regulation.13A of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>90 days of the public agency receiving a written referral in accordance with Regulation .04A of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Exception to the Time Line for Completion of Initial Evaluation.</text> <paragraph num="(a)"> <text>The time line for completion of the initial evaluation described in §A(1) of this regulation does not apply, in accordance with 20 U.S.C. §1414(a)(1)(C)(ii), if:</text> <paragraph num="(i)"> <text>The parent of the student repeatedly fails or refuses to produce the student for assessments; or</text> </paragraph> <paragraph num="(ii)"> <text>A student enrolls in a different public agency before the completion of the initial evaluation started in the student's former public agency of enrollment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The exceptions to the time line described in §A(2) of this regulation apply only if:</text> <paragraph num="(a)"> <text>The subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation; and</text> </paragraph> <paragraph num="(b)"> <text>The parent and subsequent public agency agree to a specific time for completion of the evaluation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A public agency shall convene an IEP team meeting to determine if a child in transition from a local infants and toddlers program has a disability or developmental delay that requires the provision of special education and related services, in accordance with COMAR 13A.13.01.09B(10).</text> </paragraph> <paragraph num="C."> <text>Review of Assessment Information.</text> <paragraph num="(1)"> <text>To conduct an evaluation, the IEP team shall:</text> <paragraph num="(a)"> <text>Draw on information from a variety of sources, including:</text> <paragraph num="(i)"> <text>Existing data;</text> </paragraph> <paragraph num="(ii)"> <text>Current classroom-based, local, and Statewide assessments;</text> </paragraph> <paragraph num="(iii)"> <text>Parent input; and</text> </paragraph> <paragraph num="(iv)"> <text>Observations by teachers and related service providers; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Carefully consider and document information used as a basis of the team's decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Evaluation Report.</text> <paragraph num="(a)"> <text>The IEP team shall document its decision.</text> </paragraph> <paragraph num="(b)"> <text>The written decision shall include:</text> <paragraph num="(i)"> <text>Information provided by the parent;</text> </paragraph> <paragraph num="(ii)"> <text>Results of assessment procedures used as a basis for determination;</text> </paragraph> <paragraph num="(iii)"> <text>A statement as to whether the assessment procedures were valid for the purposes intended and valid for the student; and</text> </paragraph> <paragraph num="(iv)"> <text>Whether the student is a student with a disability.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The IEP team may not determine that a student is a student with a disability if:</text> <paragraph num="(a)"> <text>The determinant factor for the determination is:</text> <paragraph num="(i)"> <text>The lack of appropriate instruction in reading, defined in §1208(3) of the Elementary and Secondary Education Act of 1965, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency and oral reading skill, and reading comprehension strategies;</text> </paragraph> <paragraph num="(ii)"> <text>A lack of instruction in math; or</text> </paragraph> <paragraph num="(iii)"> <text>Limited English proficiency; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The student does not otherwise meet the criteria specified in 34 CFR §300.8.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The IEP team shall provide the parent with a copy of the IEP team decision.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Determination of an SLD.</text> <paragraph num="(1)"> <text>In determining whether a student has an SLD, consistent with 20 U.S.C. §1414(b)(6) and 34 CFR §300.307, a public agency:</text> <paragraph num="(a)"> <text>May use a process that determines whether a student responds to scientific research-based interventions as part of assessment procedures, as described in 20 U.S.C. §1414(b)(2) and (3) and in accordance with Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>May use alternative research-based procedures for determining whether a student has a specific learning disability; and</text> </paragraph> <paragraph num="(c)"> <text>May not be required to use a severe discrepancy between intellectual ability and achievement.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The IEP team shall determine that a student has an SLD if:</text> <paragraph num="(a)"> <text>The student does not achieve adequately for the student's age or meet State-approved grade level standards when provided with learning experiences appropriate for the student's age and ability levels in one or more of the following areas:</text> <paragraph num="(i)"> <text>Oral expression;</text> </paragraph> <paragraph num="(ii)"> <text>Listening comprehension;</text> </paragraph> <paragraph num="(iii)"> <text>Basic reading skills;</text> </paragraph> <paragraph num="(iv)"> <text>Reading fluency skills;</text> </paragraph> <paragraph num="(v)"> <text>Reading comprehension;</text> </paragraph> <paragraph num="(vi)"> <text>Written expression;</text> </paragraph> <paragraph num="(vii)"> <text>Mathematics calculation; or</text> </paragraph> <paragraph num="(viii)"> <text>Mathematics problem solving; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The student's lack of achievement described in §D(2) of this regulation is not primarily the result of:</text> <paragraph num="(i)"> <text>A visual, hearing, or motor impairment;</text> </paragraph> <paragraph num="(ii)"> <text>Intellectual disability;</text> </paragraph> <paragraph num="(iii)"> <text>Emotional disability;</text> </paragraph> <paragraph num="(iv)"> <text>Cultural factors;</text> </paragraph> <paragraph num="(v)"> <text>Environmental, cultural, or economic disadvantage; or</text> </paragraph> <paragraph num="(vi)"> <text>Limited English proficiency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The IEP team may consider evaluative data and appropriate assessments, consistent with 34 CFR §§300.304 and 300.305, if the team determines that data to be relevant to the identification of an SLD if the student:</text> <paragraph num="(i)"> <text>Does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in §D(2) of this regulation, when using a process based on the student's response to scientific research-based intervention; or</text> </paragraph> <paragraph num="(ii)"> <text>Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To ensure that underachievement in a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the IEP team shall consider, as part of the evaluation:</text> <paragraph num="(a)"> <text>Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and</text> </paragraph> <paragraph num="(b)"> <text>Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, that was provided to the student's parent.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>When a student is suspected of having an SLD, the IEP team shall prepare a written report that includes:</text> <paragraph num="(a)"> <text>A statement of whether the student has a specific learning disability;</text> </paragraph> <paragraph num="(b)"> <text>The basis for making the determination;</text> </paragraph> <paragraph num="(c)"> <text>The relevant behaviors, if any, noted during the observation of the student;</text> </paragraph> <paragraph num="(d)"> <text>The relationship of the behaviors to the student's academic functioning;</text> </paragraph> <paragraph num="(e)"> <text>The educationally relevant medical findings, if any;</text> </paragraph> <paragraph num="(f)"> <text>The determination of the IEP team concerning the effects of visual, hearing, or motor disability, intellectual disability, emotional disability, cultural factors, environmental or economic disadvantage, or limited English proficiency on the student's achievement level;</text> </paragraph> <paragraph num="(g)"> <text>If the student participated in a process to assess the student's response to scientific, research-based intervention as described in §D(1) of this regulation, the:</text> <paragraph num="(i)"> <text>Instructional strategies used and the student-centered data collected;</text> </paragraph> <paragraph num="(ii)"> <text>Documentation that the student's parents were notified of the Department's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;</text> </paragraph> <paragraph num="(iii)"> <text>Strategies for increasing the student's rate of learning; and</text> </paragraph> <paragraph num="(iv)"> <text>Parents' right to request an evaluation; and</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>The written certification of each IEP team member as to whether the written report reflects the member's conclusion.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the written report in §D(5) of this regulation does not reflect an IEP team member's conclusion, the team member shall submit a separate statement presenting the team member's conclusion.</text> </paragraph> <paragraph num="(7)"> <text>The determination of an SLD shall be made by an IEP team as described in Regulation .07A of this chapter and include at least one person qualified to conduct individual diagnostic assessments of students in accordance with 34 CFR §300.308(b) and Regulation.05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reevaluation.</text> <paragraph num="(1)"> <text>A public agency shall ensure that a reevaluation of each student with a disability is conducted in accordance with 34 CFR §§300.303 and 300.305 and Regulation .05 of this chapter:</text> <paragraph num="(a)"> <text>If the public agency determines that the educational and related services needs, including improved academic achievement and functional performance of the student, warrant reevaluation;</text> </paragraph> <paragraph num="(b)"> <text>If the student's parent or teacher requests a reevaluation; or</text> </paragraph> <paragraph num="(c)"> <text>Before determining a student is no longer a student with a disability.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In accordance with 34 CFR §300.303(b), a reevaluation shall occur:</text> <paragraph num="(a)"> <text>Not more frequently than once a year, unless the parent and public agency agree otherwise; and</text> </paragraph> <paragraph num="(b)"> <text>At least once every 3 years, unless the parent and public agency agree that a reevaluation is not necessary.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The IEP team shall review existing assessment data in accordance with §C of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>On the basis of the review, and input from the student's parents, the IEP team shall identify what additional data, if any, is needed to determine:</text> <paragraph num="(a)"> <text>Whether the student continues to be a student with a disability;</text> </paragraph> <paragraph num="(b)"> <text>The educational needs of the student;</text> </paragraph> <paragraph num="(c)"> <text>The present levels of academic achievement and related developmental needs of the student;</text> </paragraph> <paragraph num="(d)"> <text>Whether additions or modifications to special education and related services are needed to enable the student to meet the measurable annual goals in the student's IEP and to participate in the general curriculum; and</text> </paragraph> <paragraph num="(e)"> <text>Whether the student continues to need special education and related services.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the IEP team determines the need for additional data, the public agency shall conduct assessment procedures in accordance with Regulation .05B of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>The results of assessment procedures shall be used by the IEP team in reviewing, and, as appropriate, revising the student's IEP in accordance with Regulation .08B of this chapter within 90 days of the IEP team meeting as described in §E(4) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>The IEP team shall notify the parents, in accordance with Regulation .12B of this chapter, if the IEP team determines that no additional data is needed to determine:</text> <paragraph num="(a)"> <text>Whether the student with a disability continues to be a student with a disability; and</text> </paragraph> <paragraph num="(b)"> <text>The student's educational needs.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The notification described in §E(7) of this regulation shall include:</text> <paragraph num="(a)"> <text>The decision of the IEP team and the basis of the determination; and</text> </paragraph> <paragraph num="(b)"> <text>The right of the parents to request a public agency to conduct assessment procedures to determine:</text> <paragraph num="(i)"> <text>Whether the child continues to be a student with a disability; and</text> </paragraph> <paragraph num="(ii)"> <text>Their child's educational needs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>A public agency shall conduct assessment procedures in accordance with Regulation .05 of this chapter before determining that a student is no longer a student with a disability.</text> </paragraph> <paragraph num="(10)"> <text>A public agency is not required to conduct assessment procedures:</text> <paragraph num="(a)"> <text>Unless requested to do so by the student's parent; or</text> </paragraph> <paragraph num="(b)"> <text>Before the termination of a student's eligibility in accordance with this chapter due to:</text> <paragraph num="(i)"> <text>Graduation from secondary school with a regular high school diploma; or</text> </paragraph> <paragraph num="(ii)"> <text>Exceeding the age of eligibility for FAPE in accordance with Regulation .01 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>On termination of a student's eligibility for services, in accordance with COMAR 13A.03.02 and as described in §E(10)(b) of this regulation, a public agency shall provide the student with a summary of the student's academic achievement and functional performance, including recommendations on how to assist the student in meeting the student's postsecondary goals, in the Exit Document, in accordance with 34 CFR §300.305(e)(3).</text> </paragraph> <paragraph num="(12)"> <text>A public agency shall consolidate a reevaluation meeting with other IEP team meetings for a student with a disability to the extent possible.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Individualized Education Program (IEP) Team."> <paragraph num="A."> <text>IEP Team Members.</text> <paragraph num="(1)"> <text>A public agency shall ensure that the IEP team for a student with a disability includes:</text> <paragraph num="(a)"> <text>The parents of the student;</text> </paragraph> <paragraph num="(b)"> <text>Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment;</text> </paragraph> <paragraph num="(c)"> <text>Not less than one special education teacher, or not less than one special education provider of the student;</text> </paragraph> <paragraph num="(d)"> <text>A representative of the public agency who is:</text> <paragraph num="(i)"> <text>Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, and</text> </paragraph> <paragraph num="(ii)"> <text>Knowledgeable about the general curriculum and about the availability of resources of the public agency;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in §A(1)(b)—(d) of this regulation;</text> </paragraph> <paragraph num="(f)"> <text>Other individuals, at the discretion of the parent or public agency, who have knowledge or special expertise regarding the student, including related service personnel, as appropriate; and</text> </paragraph> <paragraph num="(g)"> <text>The student, if appropriate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a student does not have a regular teacher, or is younger than school age, the regular educator described in §A(1)(b) of this regulation shall be an individual qualified to teach a student of the student's age.</text> </paragraph> <paragraph num="(3)"> <text>When a purpose of the IEP meeting is to consider transition services, in accordance with 34 CFR §§300.320(b) and 300.321(b), and Regulation .09 of this chapter, the public agency shall ensure that the IEP team invites:</text> <paragraph num="(a)"> <text>The student; and</text> </paragraph> <paragraph num="(b)"> <text>A representative of any other agency that is likely to be responsible for providing or paying for transition services, with the consent of the:</text> <paragraph num="(i)"> <text>Student's parent; or</text> </paragraph> <paragraph num="(ii)"> <text>Student, if the student has reached the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the student does not attend the meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered.</text> </paragraph> <paragraph num="(5)"> <text>If an invited representative of a participating agency does not attend the meeting, the public agency shall take other steps to obtain the involvement of the agency in the planning and provision of transition services.</text> </paragraph> <paragraph num="(6)"> <text>If a student with a disability attends a nonpublic school and is receiving, or may receive, special education and related services from a public agency, the public agency shall invite a representative of the nonpublic school.</text> </paragraph> <paragraph num="(7)"> <text>If a representative of the nonpublic school does not attend the meeting, the public agency shall take other steps to obtain the involvement of the nonpublic school, including individual or conference telephone calls.</text> </paragraph> <paragraph num="(8)"> <text>For the initial IEP team meeting of a child who was previously served by a local infants and toddlers program, the IEP team shall, at the request of the child’s parent, invite the local infants and toddlers program service coordinator or other representatives of the local infants and toddlers program to assist with the smooth transition of services, in accordance with COMAR 13A.13.01.09F.</text> </paragraph> </paragraph> <paragraph num="B."> <text>IEP Team Meetings.</text> <paragraph num="(1)"> <text>A public agency shall ensure that an IEP team meets:</text> <paragraph num="(a)"> <text>To conduct an evaluation before the initial provision of special education and related services to a student with a disability in accordance with Regulation .06 of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>To develop, review, and revise, as appropriate, a student's IEP in accordance with 34 CFR §300.324.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A public agency shall ensure that meetings to determine a student's need for extended school year services are conducted early enough in the school year to provide the parent the opportunity to request mediation or file a due process complaint in accordance with Regulation .15B and C of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>IEP Team Attendance.</text> <paragraph num="(1)"> <text>A member of the IEP team is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the public agency agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed, in accordance with 34 CFR §300.321(e)(1).</text> </paragraph> <paragraph num="(2)"> <text>A member of the IEP team may be excused from attending an IEP team meeting, in whole or in part, in accordance with 34 CFR §300.321(e)(2), when the meeting involves a modification to or discussion of the member's area of curriculum or related service, if, before the IEP team meeting:</text> <paragraph num="(a)"> <text>The parent and the public agency consent to the excusal of the IEP team member; and</text> </paragraph> <paragraph num="(b)"> <text>The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The agreement of the parent and the public agency described in §C(1) of this regulation and the consent described in §C(2)(a) of this regulation shall be in writing, in accordance with 34 CFR §300.321(e).</text> </paragraph> </paragraph> <paragraph num="D."> <text>Parent Participation.</text> <paragraph num="(1)"> <text>A public agency shall take steps to ensure that one or both of the parents of the student with a disability are present or are afforded an opportunity to attend and participate at meetings of the IEP team.</text> </paragraph> <paragraph num="(2)"> <text>The parent of a student with a disability shall be provided with written notice in advance of the meeting. Reasonable notice shall be at least 10 days in advance of the meeting, unless an expedited meeting is being conducted to:</text> <paragraph num="(a)"> <text>Address disciplinary issues;</text> </paragraph> <paragraph num="(b)"> <text>Determine the placement of the student with a disability not currently receiving educational services; or</text> </paragraph> <paragraph num="(c)"> <text>Meet other urgent needs of the student to ensure the provision of FAPE.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Consistent with Education Article, §8-405(c), Annotated Code of Maryland, appropriate school personnel shall provide the parent of a student with a disability an accessible copy of:</text> <paragraph num="(a)"> <text>Each assessment, report, data chart, draft individualized education program (IEP), or other document the IEP team or other multidisciplinary team plans to discuss at that meeting, at least 5 business days before the scheduled meeting; and</text> </paragraph> <paragraph num="(b)"> <text>The completed IEP not later than 5 business days after a scheduled IEP or other multidisciplinary team meeting.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Efforts to obtain the participation of the parent include:</text> <paragraph num="(a)"> <text>Scheduling the IEP meeting at a mutually agreed on time and place; and</text> </paragraph> <paragraph num="(b)"> <text>Indicating, as part of the written notice:</text> <paragraph num="(i)"> <text>The purpose, time, date, and location of the meeting;</text> </paragraph> <paragraph num="(ii)"> <text>Who will be in attendance;</text> </paragraph> <paragraph num="(iii)"> <text>That parents may invite other individuals to attend and participate as a member of an IEP team as described in §A(1)(f) of this regulation; and</text> </paragraph> <paragraph num="(iv)"> <text>That the determination of the knowledge or special expertise of an individual is made by the party who invited the individual in accordance with 34 CFR §300.321(c).</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>For a student with a disability who is 14 years old, or younger if appropriate, the written notice shall indicate that:</text> <paragraph num="(a)"> <text>A purpose of the meeting will be the consideration of postsecondary goals and transition services for the student; and</text> </paragraph> <paragraph num="(b)"> <text>The public agency will invite the student.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>For a student with a disability who is 16 years old, or younger if appropriate, the written notice shall include the information in §D(4) of this regulation and shall identify any other agencies that may be invited to send a representative, consistent with §A(3)(b) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual, video conference, or teleconference calls, consistent with 34 CFR §300.328.</text> </paragraph> <paragraph num="(8)"> <text>A meeting may be conducted without a parent in attendance if the public agency:</text> <paragraph num="(a)"> <text>Is unable to convince the parent to attend; and</text> </paragraph> <paragraph num="(b)"> <text>Has a record of its attempts to arrange a mutually agreed on time and place, such as:</text> <paragraph num="(i)"> <text>Detailed records of telephone calls made or attempted and the results of those attempts,</text> </paragraph> <paragraph num="(ii)"> <text>Copies of correspondence sent to the parent and any responses received, or</text> </paragraph> <paragraph num="(iii)"> <text>Detailed records of visits made to the parent's home or place of employment and the results of those visits.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is other than English.</text> </paragraph> <paragraph num="(10)"> <text>The public agency shall provide a copy of the IEP to the parent at no cost.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Individualized Education Program (IEP) Team Responsibilities."> <paragraph num="A."> <text>IEP Development.</text> <paragraph num="(1)"> <text>A public agency shall ensure that an IEP team meets to develop an IEP for a student with a disability within 30 days of the evaluation.</text> </paragraph> <paragraph num="(2)"> <text>Transition from a Local Infants and Toddlers Program.</text> <paragraph num="(a)"> <text>If a child transitioning from a local infants and toddlers program is determined to be a student with a disability or developmental delay in accordance with Regulation .06B of this chapter, the public agency shall:</text> <paragraph num="(i)"> <text>Ensure that an IEP team meets in a timely manner to determine a child’s eligibility for special education and related services before the child’s third birthday;</text> </paragraph> <paragraph num="(ii)"> <text>Invite the child’s local infants and toddlers service coordinator or other representatives of the local infants and toddlers program to assist with a smooth transition of services, consistent with Regulation .07A(8) of this chapter; and</text> </paragraph> <paragraph num="(iii)"> <text>Ensure that the student’s IEP is in effect on the student’s third birthday in accordance with Regulation .09 of this chapter if a child’s family chooses to receive preschool special education services.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The IEP team shall consider the student's individual family service plan when developing the child's IEP, in accordance with §A(2)(a)(i) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In developing an IEP, the IEP team shall consider and document:</text> <paragraph num="(a)"> <text>Strengths of the student;</text> </paragraph> <paragraph num="(b)"> <text>Concerns of the parent for enhancing the education of the student;</text> </paragraph> <paragraph num="(c)"> <text>Results of the initial or most recent evaluation;</text> </paragraph> <paragraph num="(d)"> <text>Communication needs of the student;</text> </paragraph> <paragraph num="(e)"> <text>Whether the student requires assistive technology devices and services;</text> </paragraph> <paragraph num="(f)"> <text>The results of the student's performance on Statewide, district-wide, or alternative assessment programs, as appropriate; and</text> </paragraph> <paragraph num="(g)"> <text>The academic, developmental, and functional needs of the student.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If a student's behavior impedes the student's learning or the learning of others, the IEP team shall consider strategies, including positive behavioral interventions, strategies, and supports, to address that behavior, as appropriate.</text> </paragraph> <paragraph num="(5)"> <text>If a student is limited English proficient, the IEP team shall consider the language needs of the student as these needs relate to the student's IEP.</text> </paragraph> <paragraph num="(6)"> <text>Blind or Visually Impaired Students.</text> <paragraph num="(a)"> <text>If a student is blind or visually impaired, the IEP team shall provide for instruction in:</text> <paragraph num="(i)"> <text>Braille and the use of braille, including textbooks in braille, unless the IEP team determines that instruction in braille is not appropriate for the student in accordance with 34 CFR §300.324(a)(2)(iii), Education Article, §8-408, Annotated Code of Maryland, and COMAR 13A.06.05.01; and</text> </paragraph> <paragraph num="(ii)"> <text>Orientation and mobility, unless the IEP team determines that instruction in orientation and mobility is not appropriate for the student in accordance with Education Article, §8-408, Annotated Code of Maryland, and §A(6)(b)—(d) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the IEP team determines that instruction in orientation and mobility is not appropriate for the student, the IEP team shall order an orientation and mobility assessment, consistent with guidelines established by the Department, that:</text> <paragraph num="(i)"> <text>Includes input from the student’s parent or guardian;</text> </paragraph> <paragraph num="(ii)"> <text>Includes input from the student’s classroom teacher; and</text> </paragraph> <paragraph num="(iii)"> <text>Takes into consideration the student’s age, current and future needs, ability to function in familiar and unfamiliar areas, and ability to function under various lighting conditions.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>To be qualified to conduct an orientation and mobility assessment under §A(6)(b) of this regulation or provide orientation and mobility instruction, an individual shall:</text> <paragraph num="(i)"> <text>Hold a Bachelor’s degree from an accredited college or university; and</text> </paragraph> <paragraph num="(ii)"> <text>Have completed any one of the credentialing options listed in §A(6)(d) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Credentialing Options. To meet the credentialing requirement under §A(6)(c) of this regulation, an individual may:</text> <paragraph num="(i)"> <text>Hold a certificate as a Certified Orientation and Mobility Specialist (COMS) from the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP);</text> </paragraph> <paragraph num="(ii)"> <text>Hold National Orientation and Mobility Certification (NOMC) from the National Blindness Professional Certification Board (NBPCB); or</text> </paragraph> <paragraph num="(iii)"> <text>Complete all requirements of a university-based program in orientation and mobility, including a supervised internship or externship in orientation and mobility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>If a student is deaf or hard of hearing, the IEP team shall consider the student's:</text> <paragraph num="(a)"> <text>Language and communication needs;</text> </paragraph> <paragraph num="(b)"> <text>Opportunities for direct communication with peers and professional personnel in the student's language and mode of communication; and</text> </paragraph> <paragraph num="(c)"> <text>Academic level and full range of needs, including opportunities for direct instruction in the student's language and mode of communication.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>When considering the factors as described in §A(3)—(7) of this regulation, if the IEP team determines that a student with a disability needs a particular device or service, including intervention, accommodations, or other program modifications, to receive FAPE, the student's IEP shall include a statement to that effect.</text> </paragraph> <paragraph num="(9)"> <text>As a member of the IEP team, a regular education teacher of the student shall, to the extent appropriate, participate in the development of the student's IEP. Participation includes assisting in the determination of:</text> <paragraph num="(a)"> <text>Appropriate positive behavioral interventions and strategies for the student; and</text> </paragraph> <paragraph num="(b)"> <text>Supplementary aids and services, program modifications, and supports for school personnel, consistent with 34 CFR §300.320(a)(4) and Regulation .09A(1)(d) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The IEP team shall consider a student's need for transportation as a related service as defined in Regulation .03B(65) of this chapter to assist a student to benefit from special education in accordance with 34 CFR §300.34.</text> </paragraph> <paragraph num="(11)"> <text>Each public agency shall ensure that hearing aids or the external components of surgically implanted medical devices worn in school by students with hearing impairments are functioning properly, in accordance with 34 CFR §300.113.</text> </paragraph> </paragraph> <paragraph num="B."> <text>IEP Review.</text> <paragraph num="(1)"> <text>A public agency shall ensure that the IEP team meets periodically, but not less than annually, to review and revise the IEP, as appropriate, to:</text> <paragraph num="(a)"> <text>Determine whether the annual goals for the student are being achieved;</text> </paragraph> <paragraph num="(b)"> <text>Address any lack of expected progress in the annual goals or in the general curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Review data and information from assessment procedures conducted as part of the reevaluation in Regulation .06 of this chapter, as appropriate;</text> </paragraph> <paragraph num="(d)"> <text>Address any information about the student provided to or by the parent;</text> </paragraph> <paragraph num="(e)"> <text>Address the student’s anticipated needs;</text> </paragraph> <paragraph num="(f)"> <text>Address planning for emergency conditions; and</text> </paragraph> <paragraph num="(g)"> <text>Discuss other matters, as identified on the notice of the IEP team meeting.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Extended School Year Services.</text> <paragraph num="(a)"> <text>At least annually, the IEP team shall determine whether the student requires the provision of extended school year services in accordance with Education Article, §8-405, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The IEP team shall consider:</text> <paragraph num="(i)"> <text>Whether the student's IEP includes annual goals related to critical life skills;</text> </paragraph> <paragraph num="(ii)"> <text>Whether there is a likelihood of substantial regression of critical life skills caused by the normal school break in the regular school year and a failure to recover those lost skills in a reasonable time;</text> </paragraph> <paragraph num="(iii)"> <text>The student's degree of progress toward mastery of IEP goals related to critical life skills;</text> </paragraph> <paragraph num="(iv)"> <text>The presence of emerging skills or breakthrough opportunities;</text> </paragraph> <paragraph num="(v)"> <text>Interfering behaviors;</text> </paragraph> <paragraph num="(vi)"> <text>The nature and severity of the disability; and</text> </paragraph> <paragraph num="(vii)"> <text>Special circumstances.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Following the consideration of factors described in §B(2)(b) of this regulation, the IEP team shall determine whether the benefits the student with a disability gains during the regular school year will be significantly jeopardized if that student is not provided with an educational program during a normal break in the regular school year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A parent of a student with a disability or a public agency may request a meeting at any time to review and, as appropriate, revise the student's IEP.</text> </paragraph> <paragraph num="(4)"> <text>After the annual IEP meeting for a school year, the parent of a student with a disability and the public agency may agree to develop a written document amending or modifying a student's IEP without convening an IEP team meeting as described in §B(1) of this regulation, in accordance with 34 CFR §300.324(a)(4).</text> </paragraph> <paragraph num="(5)"> <text>Changes to a student's IEP may be made by:</text> <paragraph num="(a)"> <text>The student's IEP team, in accordance with §B(1) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Amending the student's IEP without redrafting the entire IEP, in accordance with §B(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If a student's IEP is amended, the public agency shall ensure the IEP that incorporates the amendments is:</text> <paragraph num="(a)"> <text>Accessible to the student's service providers, as described in Regulation .09D(5) of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Provided, on request, to the student's parent, consistent with 34 CFR §300.324(a)(6).</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Individualized Education Program Document."> <paragraph num="A."> <text>IEP Content.</text> <paragraph num="(1)"> <text>The IEP for a student with a disability shall include:</text> <paragraph num="(a)"> <text>A statement of the student's present levels of academic achievement and functional performance, including:</text> <paragraph num="(i)"> <text>How the student's disability affects the student's involvement and progress in the general curriculum, or</text> </paragraph> <paragraph num="(ii)"> <text>For a preschool student, as appropriate, how the disability affects the student's participation in appropriate activities;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Measurable academic and functional annual goals, including benchmarks or short-term instructional objectives related to:</text> <paragraph num="(i)"> <text>Meeting the student's needs that result from the student's disability to enable the student to be involved in and make progress in the general curriculum, and meeting each of the student's other educational needs that result from the student's disability; or</text> </paragraph> <paragraph num="(ii)"> <text>For a preschool student, as appropriate, to participate in appropriate activities;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, including staffing support, to be provided to the student, or on behalf of the student;</text> </paragraph> <paragraph num="(d)"> <text>Program modifications or supports for school personnel that will be provided for the student to enable the student to:</text> <paragraph num="(i)"> <text>Advance appropriately toward attaining the annual goals;</text> </paragraph> <paragraph num="(ii)"> <text>Be involved in and make progress in the general curriculum;</text> </paragraph> <paragraph num="(iii)"> <text>Participate in extracurricular and other nonacademic activities; and</text> </paragraph> <paragraph num="(iv)"> <text>Be educated and participate with other students with disabilities and students without disabilities;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>An explanation of the extent, if any, to which the student will not participate with students without disabilities in the regular class and in the activities, as described in §A(1)(e) of this regulation;</text> </paragraph> <paragraph num="(f)"> <text>A statement of any appropriate individual accommodations that are needed to measure the student's academic achievement and functional performance on Statewide or district-wide assessments, consistent with 34 CFR §300.320(a)(6);</text> </paragraph> <paragraph num="(g)"> <text>If the IEP team determines that a student may not participate in a particular Statewide or district-wide assessment, documentation by the team of:</text> <paragraph num="(i)"> <text>Why the assessment, or part of an assessment, is not appropriate for the student;</text> </paragraph> <paragraph num="(ii)"> <text>How the student will be assessed; and</text> </paragraph> <paragraph num="(iii)"> <text>Why a particular alternate assessment is appropriate;</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>The projected dates for initiation of services, and modifications as described in §A(1)(c) and (d) of this regulation, including the anticipated frequency, location, and duration; and</text> </paragraph> <paragraph num="(i)"> <text>A learning continuity plan to address the provision of a free appropriate public education during emergency conditions.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a student requires extended school year services, the IEP shall include the specific special education and related services to be provided beyond the regular school year consistent with Regulation .08B(2) of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Transition Services.</text> <paragraph num="(a)"> <text>Beginning not later than the first IEP to be in effect when a student turns 14 years old, and younger if appropriate, and updated annually, consistent with Education Article, §21-305, Annotated Code of Maryland, the student's IEP shall include:</text> <paragraph num="(i)"> <text>The transition services, including course of study needed to assist the student reach those goals;</text> </paragraph> <paragraph num="(ii)"> <text>Appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and independent living, as appropriate; and</text> </paragraph> <paragraph num="(iii)"> <text>A statement of needed transition services including, if appropriate, a statement of a public agency's and a participating agency's responsibilities or linkages, or both, before the student leaves the secondary school setting.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If a participating agency fails to provide agreed-on transition services contained in a student's IEP, the public agency responsible for the student's education shall, as soon as possible, initiate a meeting for the purpose of:</text> <paragraph num="(i)"> <text>Identifying alternative strategies to meet the transition objectives; and</text> </paragraph> <paragraph num="(ii)"> <text>If necessary, revising the student's IEP.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Act does not relieve a participating agency of the responsibility to provide or pay for a transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of the agency.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Transfer of Rights at Age of Majority. Beginning not later than 1 year before the student reaches the age of majority under State law, the IEP shall include a statement that the student has been informed of the student's rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>Information included under one component of the student's IEP is not required to be repeated under another component.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Report of Progress.</text> <paragraph num="(1)"> <text>An IEP shall include how a parent is to be regularly informed of the:</text> <paragraph num="(a)"> <text>Student's progress toward the annual goals; and</text> </paragraph> <paragraph num="(b)"> <text>Extent to which the progress is sufficient to enable the student to achieve the goals within a year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A parent of a student with a disability shall be informed of the student's progress at least as often as a parent is informed of a nondisabled student's progress.</text> </paragraph> <paragraph num="(3)"> <text>A public agency shall make a good faith effort to achieve the goals of a student's IEP as described in §A(1)(b) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>A public agency, teacher, or other individual may not be held accountable if a student does not achieve the growth projected in the IEP as described in §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Students in Adult Correctional Facilities.</text> <paragraph num="(1)"> <text>Each school system is required to provide special education and related services to students with disabilities incarcerated in local adult correctional facilities located within the jurisdiction of the local school system to ensure FAPE as defined in 20 U.S.C. §1401(9).</text> </paragraph> <paragraph num="(2)"> <text>The local adult correctional facilities identified in §C(1) of this regulation do not include adult correctional institutions under the jurisdiction of the Maryland Department of Public Safety and Correctional Services.</text> </paragraph> <paragraph num="(3)"> <text>The Maryland Department of Labor provides special education and related services to students with disabilities incarcerated in adult correctional institutions identified in §C(2) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>The requirements of §A(1)(f) and (g) of this regulation do not apply to students with disabilities incarcerated in adult correctional facilities.</text> </paragraph> <paragraph num="(5)"> <text>The requirements of §A(3) of this regulation do not apply to a student with a disability incarcerated in an adult correctional facility, whose eligibility under Part B of the Act and this chapter will end before the student is eligible for release, based on the consideration of the sentence and eligibility for early release.</text> </paragraph> </paragraph> <paragraph num="D."> <text>IEP in Effect.</text> <paragraph num="(1)"> <text>A public agency shall ensure that an IEP is in effect before special education and related services are provided to a student with a disability within its jurisdiction, including students with disabilities:</text> <paragraph num="(a)"> <text>Placed in or referred to a nonpublic school by the public agency; or</text> </paragraph> <paragraph num="(b)"> <text>Incarcerated in an adult correctional facility and in need of special education or related services from the local school system as described in §C(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A public agency shall have an IEP in effect for a student with a disability at the beginning of a school year.</text> </paragraph> <paragraph num="(3)"> <text>A public agency shall implement an IEP as soon as possible after the meeting where the IEP is developed or revised, except as described in §D(4) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Exceptions to §D(3) of this regulation are:</text> <paragraph num="(a)"> <text>When the meeting occurs during the summer or a vacation period; or</text> </paragraph> <paragraph num="(b)"> <text>When there are circumstances that require a short delay, such as working out transportation arrangements.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Each service provider, as defined in COMAR 13A.05.02.03B(3), responsible for the implementation of the IEP for a student with a disability shall:</text> <paragraph num="(a)"> <text>Have access to the IEP; and</text> </paragraph> <paragraph num="(b)"> <text>Be informed of the service provider's specific responsibilities, accommodations, modifications, and supports that shall be provided for the student in accordance with the student's IEP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Program for Students who Transfer School Districts.</text> <paragraph num="(1)"> <text>Transfer Within the State. When a student with a disability with an IEP in effect in accordance with §D of this regulation transfers from one public agency to another public agency in the State, as specified in 34 CFR §300.323(e), the public agency in which the student intends to enroll, in consultation with the student's parents, shall provide FAPE to the student, including services comparable to those identified in the former public agency's IEP, until the public agency:</text> <paragraph num="(a)"> <text>Adopts the student's IEP from the former public agency; or</text> </paragraph> <paragraph num="(b)"> <text>Develops, adopts, and implements a new IEP.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Transfer from Outside the State. When a student with a disability with an IEP in effect in accordance with §D of this regulation transfers to a public agency in Maryland from another state, as specified in 34 CFR §300.323(f), the public agency in which the student intends to enroll, in consultation with the student's parents, shall provide FAPE to the student, including services comparable to those identified in the former public agency's IEP, until the public agency:</text> <paragraph num="(a)"> <text>Conducts an evaluation in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>Develops a new IEP, if appropriate, consistent with 34 CFR §300.320 and Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>To facilitate the transition of a student described in §E(1) or (2) of this regulation, the new public agency in which the student enrolls shall take reasonable steps to promptly obtain the student's records from the previous public agency in which the child was enrolled, pursuant to 34 CFR §99.31(a)(2), including:</text> <paragraph num="(a)"> <text>The student's IEP;</text> </paragraph> <paragraph num="(b)"> <text>Supporting documents; and</text> </paragraph> <paragraph num="(c)"> <text>Any other records relating to the provision of special education or related services to the student.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Uniform IEP. Beginning July 1, 2008, each public agency shall use:</text> <paragraph num="(1)"> <text>The Maryland Online IEP; or</text> </paragraph> <paragraph num="(2)"> <text>An IEP product that conforms to the form and format of the Maryland Online IEP, in accordance with 34 CFR §§300.320—300.328 and Regulations .08—.10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Learning Continuity Plan.</text> <paragraph num="(1)"> <text>Consistent with §A(1)(i) of this regulation, each IEP shall include a learning continuity plan to ensure the provision of a free appropriate public education during emergency conditions.</text> </paragraph> <paragraph num="(2)"> <text>The learning continuity plan shall:</text> <paragraph num="(a)"> <text>Describe the methods through which the IEP services will be delivered during emergency conditions; and</text> </paragraph> <paragraph num="(b)"> <text>Be reviewed and updated, as appropriate, at least annually.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The following sections of the IEP shall include planning for emergency conditions:</text> <paragraph num="(a)"> <text>Instructional and Assessment Accommodations;</text> </paragraph> <paragraph num="(b)"> <text>Supplementary Aids, Services, Program Modifications and Supports;</text> </paragraph> <paragraph num="(c)"> <text>Secondary Transition Activities;</text> </paragraph> <paragraph num="(d)"> <text>IEP Goals;</text> </paragraph> <paragraph num="(e)"> <text>Services; and</text> </paragraph> <paragraph num="(f)"> <text>Extended School Year Services.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Notification of Emergency Conditions.</text> <paragraph num="(a)"> <text>Within 10 days of the local school system, public agency, or school determining that emergency conditions exist, a member of the IEP team shall make a documented reasonable attempt to notify the parent or guardian of a child that the plan for emergency conditions is in place.</text> </paragraph> <paragraph num="(b)"> <text>In contacting the parent or guardian, a member of the IEP team shall ensure the developed plan is still appropriate and discuss how it will best operate during the emergency conditions.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Least Restrictive Environment (LRE)."> <paragraph num="A."> <text>General. A public agency shall ensure that:</text> <paragraph num="(1)"> <text>To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are not disabled; and</text> </paragraph> <paragraph num="(2)"> <text>Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services, as described in Regulation .09A(1)(d) and (e) of this chapter, cannot be achieved satisfactorily.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Continuum of Alternative Placements. A public agency shall ensure that:</text> <paragraph num="(1)"> <text>A continuum of alternative placements is available:</text> <paragraph num="(a)"> <text>To the extent necessary to implement the IEP; and</text> </paragraph> <paragraph num="(b)"> <text>To meet the needs of students with disabilities for special education and related services;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Alternative placements include the settings as listed in Regulation .03B(71) of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Placements.</text> <paragraph num="(1)"> <text>A public agency shall ensure that:</text> <paragraph num="(a)"> <text>The educational placement decision of a student with a disability is:</text> <paragraph num="(i)"> <text>Made by the IEP team;</text> </paragraph> <paragraph num="(ii)"> <text>Made in conformity with the LRE provision of the Act and Regulation .10 of this chapter;</text> </paragraph> <paragraph num="(iii)"> <text>Determined at least annually;</text> </paragraph> <paragraph num="(iv)"> <text>Based on the student's IEP; and</text> </paragraph> <paragraph num="(v)"> <text>As close as possible to the student's home;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Unless the IEP of a student requires some other arrangement, the student is educated in the school or typical early childhood setting that the student would attend if not disabled;</text> </paragraph> <paragraph num="(c)"> <text>In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs;</text> </paragraph> <paragraph num="(d)"> <text>A student with a disability is not removed from education in an age-appropriate regular classroom or typical early childhood setting solely because of needed modifications in the general curriculum; and</text> </paragraph> <paragraph num="(e)"> <text>If the IEP team determines a student with a disability cannot be educated in the school or typical early childhood setting the student would attend if not disabled, the IEP shall document the specialized transportation needs of the student as defined in Regulation .03B(81) of this chapter, including consideration of the effect transportation may have on the student in relation to the:</text> <paragraph num="(i)"> <text>Student's age and disability;</text> </paragraph> <paragraph num="(ii)"> <text>Specialized equipment needs of the student;</text> </paragraph> <paragraph num="(iii)"> <text>Personnel needed to assist the student during transportation;</text> </paragraph> <paragraph num="(iv)"> <text>Amount of time involved in transporting the student; and</text> </paragraph> <paragraph num="(v)"> <text>Distance the student will be transported.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a public agency provides a preschool program for students without disabilities, the public agency shall ensure that the requirements of §B of this regulation are met.</text> </paragraph> <paragraph num="(3)"> <text>If a public agency does not provide a preschool program for students without disabilities, the public agency:</text> <paragraph num="(a)"> <text>Is not required to initiate a program as described in §C(2) of this regulation to satisfy the requirements of §B of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>May meet the requirements of §B of this regulation through alternative methods including:</text> <paragraph num="(i)"> <text>Providing opportunities for preschool students with disabilities to participate in preschool programs operated by other agencies;</text> </paragraph> <paragraph num="(ii)"> <text>Placing preschool students with disabilities in private school programs for nondisabled preschool students or private school preschool programs that integrate students with disabilities and nondisabled students; and</text> </paragraph> <paragraph num="(iii)"> <text>Locating classes for preschool students with disabilities in regular elementary schools.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Students in Adult Correctional Facilities. The student's placement, as determined by the IEP team, consistent with §A of this regulation and Regulation .09A of this chapter may be modified by the IEP team if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.</text> </paragraph> <paragraph num="(5)"> <text>Placement in the Home.</text> <paragraph num="(a)"> <text>If a student with a disability is unable to participate in the student's school of enrollment and is provided instruction at home because of a physical or an emotional condition, consistent with COMAR 13A.03.05.04A, the IEP team shall meet to review and revise the student's IEP.</text> </paragraph> <paragraph num="(b)"> <text>The IEP team shall:</text> <paragraph num="(i)"> <text>Determine the instructional services to be provided to the student in accordance with Regulations .08 and .09 of this chapter and COMAR 13A.03.05, as long as the medical restrictions apply; and</text> </paragraph> <paragraph num="(ii)"> <text>Develop a plan for returning the student to a school-based program.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>When the period of treatment or convalescence ends, the IEP team shall:</text> <paragraph num="(i)"> <text>Review and revise the IEP, in accordance with Regulations .08 and .09 of this chapter; and</text> </paragraph> <paragraph num="(ii)"> <text>Determine the appropriate placement in the LRE, in accordance with this section.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Educational placement in the home, for a student with an emotional condition, may not exceed 60 consecutive school days.</text> </paragraph> <paragraph num="(e)"> <text>A student's home may not be used as an instructional setting for a student with a disability waiting for:</text> <paragraph num="(i)"> <text>Placement in a nonpublic special school, in accordance with Regulation .16A of this chapter; or</text> </paragraph> <paragraph num="(ii)"> <text>A change of placement, in accordance with Regulation .10 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Removal of Students for Disciplinary Actions.</text> <paragraph num="(a)"> <text>The removal of a student with a disability from the student's current educational setting and the provision of educational services shall conform with the provisions of 34 CFR §§300.101 and 300.530 —300.536, Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.</text> </paragraph> <paragraph num="(b)"> <text>The instructional setting for the provision of educational services to a student who has been removed from school in accordance with 34 CFR §300.121(d) and COMAR 13A.08.03 may not be a student's home.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Procedural Safeguards — General Provisions."> <paragraph num="A."> <text>Procedural Safeguards Notice.</text> <paragraph num="(1)"> <text>The public agency responsible for the provision of FAPE to a student with a disability shall provide a copy of the procedural safeguards to the parents of a student with a disability once a year.</text> </paragraph> <paragraph num="(2)"> <text>A copy of the procedural safeguards shall also be given to the student's parents on:</text> <paragraph num="(a)"> <text>Initial referral as described in Regulation .04 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Parental request for evaluation as described in Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Department receipt of an individual's first State complaint, as described in Regulation .15A of this chapter, in the school year, as described in 34 CFR §§300.151 — 300.153;</text> </paragraph> <paragraph num="(d)"> <text>The parent's first due process complaint in a school year, as described in Regulation .15C of this chapter; and</text> </paragraph> <paragraph num="(e)"> <text>Parental request.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The contents of the procedural safeguards notice shall include a full explanation of all of the procedural safeguards as described in 34 CFR §300.504.</text> </paragraph> <paragraph num="(4)"> <text>A public agency may place a current copy of the procedural safeguards notice on its Internet website.</text> </paragraph> <paragraph num="(5)"> <text>A parent of a student with a disability may elect to receive written notice as described in §A(1) of this regulation by an electronic mail communication, if the public agency makes that option available.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Extended School Year Services. A public agency shall ensure that parents of students with disabilities are notified at least annually of the availability of extended school year services as described in Regulation .08B(2) of this chapter.</text> </paragraph> <paragraph num="C."> <text>Graduation Requirements. A public agency shall inform the parent of a student with disabilities of State graduation requirements, as specified in COMAR 13A.03.02, and the student's progress toward meeting the requirements.</text> </paragraph> <paragraph num="D."> <text>Low Cost Legal and Other Relevant Services. On request, parents shall be informed of any free or low cost legal and other relevant services available in the area.</text> </paragraph> <paragraph num="E."> <text>Opportunity to Examine Records. In accordance with the confidentiality procedures of 34 CFR 99, 34 CFR §§300.610—300.626, and COMAR 13A.08.02, the parent of a student with a disability shall be given the opportunity to inspect and review all of the student's records relating to the identification, evaluation, and educational placement, and the provision of FAPE.</text> </paragraph> <paragraph num="F."> <text>Confidentiality of Information. A public agency shall ensure the confidentiality of personally identifiable information in accordance with 34 CFR 99, 34 CFR §§300.610—300.626, and COMAR 13A.08.02.</text> </paragraph> <paragraph num="G."> <text>Parent Surrogates. In accordance with Education Article, §8-412, Annotated Code of Maryland, a public agency shall ensure that the rights of a student with a suspected or identified disability are protected by the appointment of a parent surrogate when:</text> <paragraph num="(1)"> <text>A parent cannot be identified;</text> </paragraph> <paragraph num="(2)"> <text>The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or</text> </paragraph> <paragraph num="(3)"> <text>The student is a ward of the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Procedural Safeguards — Prior Written Notice."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>Consistent with 34 CFR §300.503, a public agency shall provide written notice to the parent of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student.</text> </paragraph> <paragraph num="(2)"> <text>A parent of a student with a disability may elect to receive written notice as described in §A(1) of this regulation by an electronic mail communication, if the public agency makes that option available.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Prior Written Notice Content. The notice shall include:</text> <paragraph num="(1)"> <text>A description of the action proposed or refused;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of why the public agency proposes or refuses to take the action;</text> </paragraph> <paragraph num="(3)"> <text>A description of the options the public agency considered and the reason the options were rejected;</text> </paragraph> <paragraph num="(4)"> <text>A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal;</text> </paragraph> <paragraph num="(5)"> <text>A description of any other factors relevant to the proposed or refused action;</text> </paragraph> <paragraph num="(6)"> <text>A statement that the parent has protections under the procedural safeguards of the Act and the manner in which the parent may obtain a copy of the procedural safeguards;</text> </paragraph> <paragraph num="(7)"> <text>A list of sources a parent may contact to obtain assistance in understanding the provisions of 20 U.S.C. §1415 and Regulations .11—.15 and .16B(3) of this chapter; and</text> </paragraph> <paragraph num="(8)"> <text>If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Native Language.</text> <paragraph num="(1)"> <text>The notice shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so.</text> </paragraph> <paragraph num="(2)"> <text>If the native language used by the parent is not a written language, the public agency shall ensure that the notice is translated orally or by other means to the parent, and the parent understands the content of the notice.</text> </paragraph> <paragraph num="(3)"> <text>A public agency shall maintain written documentation that the requirements of §C(1) and (2) of this regulation have been met.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Procedural Safeguards — Consent."> <paragraph num="A."> <text>Consent for Assessment Procedures.</text> <paragraph num="(1)"> <text>A public agency shall obtain written parental consent in accordance with 34 CFR §300.300 before conducting assessment procedures as described in Regulations .05B and .06D of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If a parent refuses consent for initial assessment procedures, or assessment procedures as part of a reevaluation, a public agency may pursue assessment through mediation or due process as described in 34 CFR §§300.506—300.518, and Regulation .15B and C of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A public agency is not required to obtain parental consent:</text> <paragraph num="(a)"> <text>Before reviewing existing data;</text> </paragraph> <paragraph num="(b)"> <text>Before administering a test or other procedure that is administered to all students unless, before administration of that test or procedure, consent is required of the parents of all students; or</text> </paragraph> <paragraph num="(c)"> <text>For assessment procedures as part of a reevaluation, if the public agency can demonstrate that reasonable measures have been taken to obtain consent, and the parent has failed to respond.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To satisfy the requirement of §A(3) of this regulation, a public agency shall maintain a record of its attempts to obtain parental consent consistent with the procedures in Regulation .07C(7)(b) of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>If a student is a ward of the State, a public agency shall make reasonable efforts to obtain informed parental consent from the student's parent as defined in Regulation .03B(52) of this chapter for initial assessments in accordance with 34 CFR §300.300 and Education Article, §8-412, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Consent for Special Education Services.</text> <paragraph num="(1)"> <text>A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability.</text> </paragraph> <paragraph num="(2)"> <text>A public agency may not provide special education and related services consistent with 34 CFR §300.300 if a student's parent:</text> <paragraph num="(a)"> <text>Refuses to provide the public agency consent for the initiation of special education and related services; or</text> </paragraph> <paragraph num="(b)"> <text>Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a parent refuses to provide consent for the initiation of special education and related services, the public agency may not provide special education and related services to the student by using procedures described in Regulation .15B and C of this chapter and consistent with 34 CFR §300.300.</text> </paragraph> <paragraph num="(4)"> <text>Consistent with 34 CFR §300.300, if a parent of a student with a disability refuses to provide the initial consent as described in §B(2) of this regulation, or revokes consent as described in §B(5) of this regulation, the public agency is not:</text> <paragraph num="(a)"> <text>Considered to be in violation of the requirement to make FAPE available to the student for failing to provide the student with the special education and related services for which the public agency sought parental consent in accordance with §B(1) of this regulation or further special education and related services in accordance with §B(5) of this regulation and consistent with 34 CFR §300.300; and</text> </paragraph> <paragraph num="(b)"> <text>Required to convene an IEP team meeting or develop an IEP for the student for the special education and related services for which the public agency sought initial consent consistent with 34 CFR §300.300.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If, at any time subsequent to the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the public agency:</text> <paragraph num="(a)"> <text>Shall provide the parent prior written notice in accordance with 34 CFR §300.503 and Regulation .12 of this chapter before ceasing the provision of special education and related services;</text> </paragraph> <paragraph num="(b)"> <text>May not continue to provide special education and related services to the student;</text> </paragraph> <paragraph num="(c)"> <text>May not use the procedures described in Regulation .15B and C of this chapter to obtain agreement or a ruling that the services may be provided to the child; and</text> </paragraph> <paragraph num="(d)"> <text>Is not required to amend the student's education records to remove any references to the student's receipt of special education and related services, in accordance with 34 CFR §300.9(c)(3).</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>After the initiation of special education and related services, parental consent is not required to implement the student's IEP.</text> </paragraph> <paragraph num="(7)"> <text>Consent for initial evaluation may not be construed as consent for initial placement.</text> </paragraph> <paragraph num="(8)"> <text>A public agency shall obtain parental consent or the consent of the student who has reached the age of majority in accordance with Education Article §8-412.1, Annotated Code of Maryland, before inviting a participating agency to attend a student's IEP team meeting to consider services described in Regulation .09A(3) of this chapter, consistent with 34 CFR §300.321(b)(3).</text> </paragraph> <paragraph num="(9)"> <text>A public agency shall annually obtain parental consent to access medical assistance for service coordination and health-related services, in accordance with 34 CFR §300.154(d)(2)(iv).</text> </paragraph> <paragraph num="(10)"> <text>A public agency may not use a parent's refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of the public agency, except as required by this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Procedural Safeguards — Independent Educational Evaluation."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>A parent of a student with a disability may obtain an independent educational evaluation.</text> </paragraph> <paragraph num="(2)"> <text>On request, a public agency shall provide the parent with information about where an independent educational evaluation may be obtained and the public agency's criteria applicable for independent educational evaluations consistent with 34 CFR §300.502.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Parental Right to Independent Educational Evaluation at Public Expense.</text> <paragraph num="(1)"> <text>If a parent disagrees with the evaluation obtained by the public agency, the parent may request an independent educational evaluation at public expense.</text> </paragraph> <paragraph num="(2)"> <text>When a parent requests an independent educational evaluation at public expense, the public agency shall provide a written response approving or denying the request within 30 days of the date the request was made, and:</text> <paragraph num="(a)"> <text>If the public agency approves the request, advise the parent of the process for arranging the evaluation at public expense; or</text> </paragraph> <paragraph num="(b)"> <text>If the public agency denies the request, file a due process complaint in accordance with Regulation .15C of this chapter within 30 days of the date of the denial.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Decision of the Impartial Hearing Officer.</text> <paragraph num="(a)"> <text>If an impartial hearing officer determines that the evaluation obtained by the public agency is appropriate, the parent may not obtain an independent educational evaluation of the student at public expense.</text> </paragraph> <paragraph num="(b)"> <text>If an impartial hearing officer determines that the evaluation obtained by the public agency is not appropriate, the public agency shall provide an independent evaluation of the student at public expense.</text> </paragraph> <paragraph num="(c)"> <text>If an impartial hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the independent educational evaluation shall be at public expense.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>When an independent educational evaluation is provided at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria used by the public agency when it initiates an assessment, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.</text> </paragraph> <paragraph num="(5)"> <text>The results of an independent educational evaluation obtained at public or private expense:</text> <paragraph num="(a)"> <text>Shall be considered by an IEP team in making any decision regarding the provision of FAPE for the student; and</text> </paragraph> <paragraph num="(b)"> <text>May be presented as evidence at a due process hearing initiated under Regulation .15C of this chapter.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Except for the criteria described in §B(4) of this regulation, a public agency may not impose conditions or time lines related to obtaining an independent educational evaluation at public expense.</text> </paragraph> <paragraph num="(7)"> <text>A parent is entitled to not more than one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees in accordance with 34 CFR §300.502(b)(5).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Procedural Safeguards — State Complaints, Mediation, and Due Process."> <paragraph num="A."> <text>State Complaints.</text> <paragraph num="(1)"> <text>An organization or individual may file a signed written complaint with the Department regarding an alleged violation of Part B of the Act, 34 CFR 300, State law, or this chapter regarding the education of students with disabilities by a public agency.</text> </paragraph> <paragraph num="(2)"> <text>A public agency shall provide parents and other interested parties with information regarding the procedures for filing a complaint.</text> </paragraph> <paragraph num="(3)"> <text>The content of a signed written complaint shall meet the requirements specified in 34 CFR §300.153.</text> </paragraph> <paragraph num="(4)"> <text>The complaint shall allege a violation that occurred not more than 1 year prior to the date that the complaint is received by the Department, in accordance with 34 CFR §300.151.</text> </paragraph> <paragraph num="(5)"> <text>Either party to the complaint shall be given the opportunity to submit additional information and documentation about the allegations in the complaint, which will be considered in making the final decision.</text> </paragraph> <paragraph num="(6)"> <text>Following the receipt of the complaint, the Department shall conduct an investigation, consistent with guidelines and procedures established by the Department, of any complaint that meets the requirements of §A(3) of this regulation. The Department shall issue a written decision to the complainant that addresses each allegation and contains:</text> <paragraph num="(a)"> <text>Findings of facts and conclusions;</text> </paragraph> <paragraph num="(b)"> <text>The reasons for the final decision; and</text> </paragraph> <paragraph num="(c)"> <text>Procedures for effective implementation of the final decision including, as appropriate:</text> <paragraph num="(i)"> <text>Technical assistance,</text> </paragraph> <paragraph num="(ii)"> <text>Negotiations, and</text> </paragraph> <paragraph num="(iii)"> <text>Corrective actions required to achieve compliance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>The Department shall issue the written decision described in §A(6) of this regulation within 60 days unless:</text> <paragraph num="(a)"> <text>Exceptional circumstances exist with respect to the State complaint that requires an extension of the time limit; or</text> </paragraph> <paragraph num="(b)"> <text>The complainant and the public agency agree to extend the time line in order to engage in mediation or other alternative means of dispute resolution in accordance with 34 CFR §300.152.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The Department shall set aside any part of a State complaint that is being addressed in a due process hearing until the conclusion of the hearing when the Department receives a State complaint that:</text> <paragraph num="(a)"> <text>Is also the subject of a due process hearing; or</text> </paragraph> <paragraph num="(b)"> <text>Contains multiple issues of which one or more are part of a due process hearing.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>The Department shall resolve any issue in a State complaint that is not part of a due process hearing within the time line described in §A(7) of this regulation using the procedures described in §A(6) of this regulation.</text> </paragraph> <paragraph num="(10)"> <text>The Department shall inform the complainant that a due process hearing decision is binding when a complainant raises an issue in a State complaint that was the subject of a previous due process hearing decision involving the same parties.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Mediation.</text> <paragraph num="(1)"> <text>A parent of a student or the public agency may request mediation when there is a dispute about any matter related to the identification, evaluation, or educational placement, or the provision of FAPE to a student.</text> </paragraph> <paragraph num="(2)"> <text>Mediation is voluntary on the part of the parties.</text> </paragraph> <paragraph num="(3)"> <text>Mediation may not be used:</text> <paragraph num="(a)"> <text>To deny or delay a parent's right to a hearing on the parent's due process complaint in accordance with 34 CFR §300.506(b) and Education Article, §8-413, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>To deny any other rights afforded parents under this chapter in accordance with 34 CFR §300.506.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A party to the mediation has the right to be accompanied or advised by counsel.</text> </paragraph> <paragraph num="(5)"> <text>A party's request for mediation shall be made in writing to the other party and the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(6)"> <text>Reasonable efforts shall be made to schedule a mediation session within 20 calendar days of the receipt of a written request and shall be held in a location that is convenient to the parties of the dispute.</text> </paragraph> <paragraph num="(7)"> <text>Mediation sessions are closed proceedings.</text> </paragraph> <paragraph num="(8)"> <text>An agreement reached by the parties to the dispute in the mediation shall be set forth in a written mediation agreement, in accordance with 34 CFR §300.506.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Due Process Complaint.</text> <paragraph num="(1)"> <text>A parent or a public agency may file a due process complaint on any matter related to the identification, evaluation, or educational placement, or the provision of FAPE to a student with a disability, in accordance with 34 CFR §300.507 and Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A party's due process complaint shall be made in writing to the other party and the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(3)"> <text>The content of a due process complaint, as described in §C(2) of this regulation, shall be consistent with 34 CFR §300.508.</text> </paragraph> <paragraph num="(4)"> <text>A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements specified in 34 CFR §300.508(b).</text> </paragraph> <paragraph num="(5)"> <text>When a party files a due process complaint, the public agency responsible for the student's education shall:</text> <paragraph num="(a)"> <text>Inform the parent of free or low cost legal and other relevant services available;</text> </paragraph> <paragraph num="(b)"> <text>Provide the parent with a copy of the procedural safeguards, in accordance with Regulation .11A(2)(e) of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Inform the parent of the availability of mediation as described in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The due process complaint described in §C(3) of this regulation shall be considered sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the content of the due process complaint does not meet the requirements specified in 34 CFR §300.508.</text> </paragraph> <paragraph num="(7)"> <text>In accordance with 34 CFR §300.508, a party may only amend its due process complaint if the:</text> <paragraph num="(a)"> <text>Other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to 34 CFR §300.510; or</text> </paragraph> <paragraph num="(b)"> <text>Hearing officer grants permission at any time not later than 5 days before the due process hearing begins.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>If a party files an amended due process complaint, the time line for the resolution meeting and the time period to resolve the complaint described in 34 CFR §300.510 begins again with the filing of the amended due process complaint.</text> </paragraph> <paragraph num="(9)"> <text>When a parent files a due process complaint, the public agency shall respond in a manner consistent with 34 CFR 300.508(e).</text> </paragraph> <paragraph num="(10)"> <text>The time line for filing a due process complaint described in 34 CFR §300.508 does not apply if the parent was prevented from filing a due process complaint because the public agency:</text> <paragraph num="(a)"> <text>Made specific misrepresentations that the problem forming the basis of the due process complaint was resolved; or</text> </paragraph> <paragraph num="(b)"> <text>Withheld information from the parent that the public agency is required to provide the parent under this chapter.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Resolution Session.</text> <paragraph num="(a)"> <text>The public agency shall convene a meeting with the parent and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process complaint before being provided the opportunity for an impartial due process hearing.</text> </paragraph> <paragraph num="(b)"> <text>The resolution session shall be held in accordance with 34 CFR §300.510.</text> </paragraph> <paragraph num="(c)"> <text>The parent may seek the intervention of the hearing officer to begin the due process hearing time line if the public agency fails to:</text> <paragraph num="(i)"> <text>Hold a resolution session within 15 days of receiving the due process complaint; or</text> </paragraph> <paragraph num="(ii)"> <text>Participate in the resolution session.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>In accordance with 34 CFR §300.510(a)(3), a resolution session need not be held if:</text> <paragraph num="(i)"> <text>The parent and the public agency agree in writing to waive the meeting;</text> </paragraph> <paragraph num="(ii)"> <text>The parent and the public agency agree to try mediation; or</text> </paragraph> <paragraph num="(iii)"> <text>The public agency initiated the due process complaint.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A due process hearing may occur if the issues in the due process complaint are not resolved to the satisfaction of either party within 30 calendar days of the receipt of the due process complaint.</text> </paragraph> <paragraph num="(f)"> <text>A due process hearing may not occur unless the parties:</text> <paragraph num="(i)"> <text>Attend a resolution session to resolve the issues in the due process complaint;</text> </paragraph> <paragraph num="(ii)"> <text>Agree, in writing, to waive the resolution session;</text> </paragraph> <paragraph num="(iii)"> <text>Attend mediation to resolve the issues in the due process complaint; or</text> </paragraph> <paragraph num="(iv)"> <text>Participate in some other means to resolve the issues in the due process complaint.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>If the parties reach a resolution, the parties shall execute a legally binding agreement in accordance with 34 CFR §300.510.</text> </paragraph> <paragraph num="(h)"> <text>A party may void the agreement described in §C(13)(f) of this regulation within the time line specified in 34 CFR §300.510(e).</text> </paragraph> <paragraph num="(i)"> <text>If a party requests mediation pursuant to §B of this regulation and a due process complaint is filed pursuant to §C of this regulation within the same written request as described in §C(2) of this regulation, the issue shall proceed directly to mediation if the noncomplaining party agrees to mediate.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>The Office of Administrative Hearings shall appoint a qualified impartial hearing officer to conduct a due process hearing in accordance with the Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01.</text> </paragraph> <paragraph num="(13)"> <text>An impartial hearing officer shall conduct a due process hearing and provide a written decision to each of the parties in accordance with 34 CFR §300.515 and Education Article, §§8-407 and 8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>The 45 day time line for a due process hearing decision begins after one of the following events occurs:</text> <paragraph num="(a)"> <text>Both parties agree in writing to waive the resolution meeting described in §C(12) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Both parties agree in writing that no agreement is possible after either the mediation or resolution meeting starts but before the end of the 30 day resolution period; or</text> </paragraph> <paragraph num="(c)"> <text>Both parties agree in writing to continue to try to resolve the disagreement at the end of the 30 day resolution period, but later, the parent or the public agency withdraws from the mediation process.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>An expedited due process hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing if:</text> <paragraph num="(a)"> <text>At the time of the hearing request, the student is not enrolled and attending an approved educational program; or</text> </paragraph> <paragraph num="(b)"> <text>The due process hearing request concerns the placement or manifestation determination of a student due to a violation of the rules of conduct.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>If, at the time of the hearing request, the student has been removed from the student's current education program for disciplinary reasons, the due process hearing shall be expedited.</text> </paragraph> <paragraph num="(17)"> <text>A party to a due process hearing conducted pursuant to §C of this regulation has the rights specified in 34 CFR §300.512 and Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>Any party to a due process hearing, conducted in accordance with 34 CFR §§300.507—300.513 or §§300.530—300.536, has the right to:</text> <paragraph num="(a)"> <text>Represent themselves;</text> </paragraph> <paragraph num="(b)"> <text>Be represented by an attorney, in accordance with State Government Article, §9-1607.1, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(c)"> <text>Be accompanied and advised by persons with special knowledge or training with respect to the problems of children with disabilities.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>Student's Status During Proceedings. Unless the parent and the public agency agree on an alternative placement, the student shall remain in the present educational placement during the pendency of an administrative or judicial proceeding in accordance with 20 U.S.C. §1415(j) and 34 CFR §300.518.</text> </paragraph> <paragraph num="(20)"> <text>A party aggrieved by the findings and decision of a due process hearing may bring a civil action in State or federal court in accordance with 20 U.S.C. §1415(i)(2), 34 CFR §300.516 and Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>A public agency shall comply with the decision of the impartial hearing officer within the time line specified unless either party obtains a court order granting a stay of the decision.</text> </paragraph> <paragraph num="(22)"> <text>Attorneys' Fees. In an action or proceeding under this section, courts may award reasonable attorneys' fees to the prevailing party under the circumstances described in 20 U.S.C. §1415(i)(3) and 34 CFR §300.517.</text> </paragraph> <paragraph num="(23)"> <text>After deleting personally identifiable information from hearing decisions, the Department shall:</text> <paragraph num="(a)"> <text>Transmit the findings and decisions to the State Advisory Committee as described in COMAR 13A.05.02.05; and</text> </paragraph> <paragraph num="(b)"> <text>Make the findings and decisions available to the public, at a reasonable cost.</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>The Department shall forward the records of the administrative proceedings to the court, on request, when an aggrieved party brings a civil action as described in §C(20) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Students in Nonpublic Schools."> <paragraph num="A."> <text>Local School System Placement of a Student with a Disability in a Nonpublic School.</text> <paragraph num="(1)"> <text>If a student's IEP cannot be implemented in a public school program, the local school system shall take steps in accordance with Education Article, §§4-122, 8-401, and 8-409, Annotated Code of Maryland, to ensure that the student is provided FAPE.</text> </paragraph> <paragraph num="(2)"> <text>Before the local school system proposes a placement of a student with a disability in a nonpublic school, the local school system shall ensure that an IEP has been developed for the student in accordance with Regulations .08 and .09 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A local school system shall initiate and conduct meetings to review the student's IEP in accordance with Regulations .07—.10 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>A nonpublic school shall contact the local school system to request IEP team meetings to review the student's IEP, as appropriate.</text> </paragraph> <paragraph num="(5)"> <text>Responsibility for compliance with this chapter remains with the local school system and the Department.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Parental Enrollment of a Student with a Disability in a Nonpublic School.</text> <paragraph num="(1)"> <text>Each local school system shall locate, identify, and evaluate all students with disabilities who are enrolled by their parents in nonpublic schools, including religious elementary and secondary schools located within the jurisdiction of the local school system, in accordance with 34 CFR §§300.130—300.144 and COMAR 13A.05.02.13A.</text> </paragraph> <paragraph num="(2)"> <text>Each local school system shall ensure annual timely and meaningful consultation with nonpublic school representatives and parent representatives of parentally placed nonpublic school students with disabilities.</text> </paragraph> <paragraph num="(3)"> <text>The consultation described in §B(2) of this regulation shall include a review and discussion of the:</text> <paragraph num="(a)"> <text>Child find process;</text> </paragraph> <paragraph num="(b)"> <text>Proportionate amount of federal funds available for services;</text> </paragraph> <paragraph num="(c)"> <text>Consultation process;</text> </paragraph> <paragraph num="(d)"> <text>Provision of services to parentally placed nonpublic school students with disabilities; and</text> </paragraph> <paragraph num="(e)"> <text>Written explanation of the local school system decision.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Students with disabilities enrolled by their parents in a nonpublic school do not have an individual right to receive some or all of the special education and related services the student would receive if enrolled in a public school in accordance with 34 CFR §300.137.</text> </paragraph> <paragraph num="(5)"> <text>Each local school system shall initiate and conduct meetings to develop, review, and revise the service plan for parentally placed nonpublic school students with disabilities designated to receive services, in accordance with 34 CFR §300.137 and Regulations .08 and .09 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>A local school system shall make special education and related services available to the student in accordance with 20 U.S.C. §1412(a)(10)(A) and 34 CFR §§300.130—300.144.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Unilateral Placement in a Nonpublic School by a Parent when FAPE is at Issue.</text> <paragraph num="(1)"> <text>If a local school system has made FAPE available to a student with a disability and the parent chooses to place the student in a nonpublic school, the local school system is not required to pay for the student's education at the nonpublic school, in accordance with 34 CFR §300.148 and Education Article, §8-413(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Before removing a student from a local school system, a parent shall notify the local school system of the parent's:</text> <paragraph num="(a)"> <text>Decision to reject the local school system's proposed placement;</text> </paragraph> <paragraph num="(b)"> <text>Concerns leading to the decision to remove the student from the local school system; and</text> </paragraph> <paragraph num="(c)"> <text>Intentions to enroll the student in a nonpublic school at public expense.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The parent shall provide notice as described in §B(3)(b) of this regulation by:</text> <paragraph num="(a)"> <text>Informing the IEP team at the most recent meeting the parent attended before the removal of the student; or</text> </paragraph> <paragraph num="(b)"> <text>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 student.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the parent decides to enroll the student in a nonpublic school without the consent or referral of the local school system, an impartial hearing officer or a court may require the local school system to reimburse the parent for the reasonable costs of the placement if the local school system had not made FAPE available to the student in a timely manner before the parent enrolled the student in the nonpublic school, consistent with 34 CFR §300.148(c).</text> </paragraph> <paragraph num="(5)"> <text>Reimbursement may be reduced or denied by the impartial hearing officer or court if the:</text> <paragraph num="(a)"> <text>Parent failed to notify the local school system of the decision as described in §B(3)(b) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Parent's actions were unreasonable; or</text> </paragraph> <paragraph num="(c)"> <text>Parent failed to make the student available for assessment, before the student's removal, after the local school system provided the parent with written notice of its intention to assess the student in accordance with Regulations .05 and .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An impartial hearing officer or court may not reduce or deny reimbursement if:</text> <paragraph num="(a)"> <text>The public agency prevented the parent from providing notice as described in §C(2) and (3) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>The parent was not provided with a copy of the procedural safeguards notice as described in Regulation .11A of this chapter, including the requirements of this subsection; or</text> </paragraph> <paragraph num="(c)"> <text>Providing notice would likely result in physical harm to the student.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>An impartial hearing officer or court may not reduce or deny reimbursement for failure to provide notice, as described in §C(2) and (3) of this regulation if:</text> <paragraph num="(a)"> <text>The parent is illiterate or cannot write in English; or</text> </paragraph> <paragraph num="(b)"> <text>Providing notice would likely result in serious emotional harm to the student.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Disagreements between a parent and a local school system regarding the availability of FAPE and the question of financial responsibility are subject to the provisions of Regulation .15C of this chapter.</text> </paragraph> <paragraph num="(9)"> <text>A unilateral placement in a nonpublic school by a parent may be found to be appropriate by an impartial hearing officer or court even if the placement does not meet State standards that apply to education provided by a public agency or the Department.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-305, 8-301—8-307, 8-3A-01—8-3A-08, and 8-401—8-416;Human Services Article, §§8-401—8-409; Labor and Employment Article, §§11-801 and 11-901 et seq.;State Government Article §9-1607.1; Annotated Code of MarylandFederal Statutory Reference: 20 U.S.C. §§1411—1416;Federal Regulatory References: 34 CFR 99, 300, and 301</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 5, 1975 (2:9 Md. R. 666)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 25, 1975 (2:14 Md. R. 1020)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15E amended effective August 18, 1976 (3:17 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 19, 1978 (5:10 Md. R. 782)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F amended effective November 2, 1979 (6:22 Md. R. 1780); August 27, 1984 (11:17 Md. R. 1493)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06G adopted effective July 13, 1979 (6:14 Md. R. 1209); amended effective June 27, 1980 (7:13 Md. R. 1280); June 7, 1983 (10:11 Md. R. 977); March 24, 1986 (13:6 Md. R. 683); June 30, 1986 (13:13 Md. R. 1493); April 6, 1987 (14:7 Md. R. 833); November 2, 1987 (14:22 Md. R. 2340)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective October 25, 1982 (9:21 Md. R. 2107)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 13A.05.01 cited in Attorney General Opinion No. 82-034 (November 18, 1982)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 4, 1989 (16:17 Md. R. 1886)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective December 23, 1991 (18:25 Md. R. 2757)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06—.11 repealed and new Regulations .06—.16 adopted effective December 23, 1991 (18:25 Md. R. 2757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12E amended effective March 29, 1993 (20:6 Md. R. 582)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Programs for Students with Disabilities (Birth through Age 20), repealed and new chapter, Provision of a Free Appropriate Public Education, adopted effective July 1, 1999 (26:8 Md. R. 616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530); May 16, 2011 (38:10 Md. R. 615); January 2, 2017 (43:26 Md. R. 1447); March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective January 2, 2017 (43:26 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective November 8, 2004 (31:22 Md. R. 1596); January 2, 2017 (43:26 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D, E amended effective October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective January 2, 2017 (43:26 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, C amended effective January 21, 2002 (29:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 21, 2002 (29:1 Md. R. 24); October 5, 2009 (36:20 Md. R. 1530); January 2, 2017 (43:26 Md. R. 1447); October 9, 2017 (44:20 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09G adopted effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective January 21, 2002 (29:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective January 21, 2002 (29:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); February 24, 2020 (47:4 Md. R. 262)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C amended effective January 21, 2002 (29:1 Md. R. 24); June 23, 2003 (30:12 Md. R. 789); October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16A amended effective June 23, 2003 (30:12 Md. R. 789)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16C amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> </annotations> </chapter> <chapter num="02" heading="Administration of Services for Students with Disabilities"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement administrative procedures related to Part B of the Individuals with Disabilities Education Act (IDEA), 34 CFR 300, and Education Article, Title 8, Subtitles 3 and 4, Annotated Code of Maryland, which assure a free appropriate public education (FAPE) for students with disabilities, birth through the end of the school year in which the student turns 21 years old, in accordance with the student's individualized education program (IEP).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>This chapter applies to public agencies that provide educational services to students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, in accordance with the student's Individualized Education Program (IEP), including the Department, local school systems, the SEED School, Maryland Department of Health, Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.</text> </paragraph> <paragraph num="B."> <text>Early intervention services to eligible infants and toddlers, birth through 2 years old, and their families are provided in accordance with Part C of IDEA, 34 CFR 303, and COMAR 13A.13.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the definitions in COMAR 13A.05.01 apply, and the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Local care team (LCT)” means the interagency committee established in each jurisdiction in accordance with Human Services Article §8-405, Annotated Code of Maryland, to:</text> <paragraph num="(a)"> <text>Identify interagency resources to assist students with special needs;</text> </paragraph> <paragraph num="(b)"> <text>Facilitate the provision of interagency services to students with disabilities; and</text> </paragraph> <paragraph num="(c)"> <text>Review requests for State funding of residential placements of students with disabilities in accordance with COMAR 14.31.01.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Local management board” means the entity established or designated in accordance with Human Services Article, §8-301, Annotated Code of Maryland, to ensure the implementation of a local interagency service delivery system for children, youth, and families in each local jurisdiction.</text> </paragraph> <paragraph num="(3)"> <text>“Service provider” means an individual who provides special education or related services to students with disabilities, including:</text> <paragraph num="(a)"> <text>A general educator;</text> </paragraph> <paragraph num="(b)"> <text>A special educator;</text> </paragraph> <paragraph num="(c)"> <text>A related service provider; or</text> </paragraph> <paragraph num="(d)"> <text>Another individual, determined appropriate.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“State Coordinating Council (SCC)” means the interagency committee established in Human Services Article, §8-401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Technology-based instructional products” means instructional software, on-line resources, and computer-based equipment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="State Administration."> <paragraph num="A."> <text>Assurance.</text> <paragraph num="(1)"> <text>The Department shall ensure that all students, birth through the end of the school year in which the student turns 21 years old residing in the State, who have disabilities, regardless of the severity of the disability, and who are in need of special education and related services, are located, identified, evaluated, and provided with services consistent with:</text> <paragraph num="(a)"> <text>The student's IEP;</text> </paragraph> <paragraph num="(b)"> <text>20 U.S.C. §§1400—1419;</text> </paragraph> <paragraph num="(c)"> <text>34 CFR 300;</text> </paragraph> <paragraph num="(d)"> <text>Education Article, §§8-401—8-415, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(e)"> <text>COMAR 13A.05.01.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Students under §A(1) of this regulation include:</text> <paragraph num="(a)"> <text>Students with disabilities attending private schools;</text> </paragraph> <paragraph num="(b)"> <text>Highly mobile students;</text> </paragraph> <paragraph num="(c)"> <text>Migrant students;</text> </paragraph> <paragraph num="(d)"> <text>Homeless students, as defined in COMAR 13A.05.09;</text> </paragraph> <paragraph num="(e)"> <text>Wards of the State, as defined in COMAR 13A.05.01; and</text> </paragraph> <paragraph num="(f)"> <text>Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade in accordance with 34 CFR §300.101.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Oversight Responsibility. The Department shall have in effect policies and procedures to ensure that a FAPE is available to all students with disabilities residing in the State in accordance with §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>State Implementation. To receive funds under Part B of the Act, the Department shall submit information that includes the requirements of 20 U.S.C. §1411 to the United States Department of Education at the time and in the manner specified by the Secretary of the U. S. Department of Education.</text> </paragraph> <paragraph num="D."> <text>State Performance Plan.</text> <paragraph num="(1)"> <text>The Department shall have a performance plan that:</text> <paragraph num="(a)"> <text>Evaluates the State's efforts to implement the requirements and purposes of the Act in accordance with 20 U.S.C. §1416(b) and 34 CFR §300.601; and</text> </paragraph> <paragraph num="(b)"> <text>Describes how the Department shall improve implementation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department shall establish measurable rigorous targets for the indicators established in accordance with 20 U.S.C. §1416(a)(3).</text> </paragraph> <paragraph num="(3)"> <text>The Department shall collect information to report annually to the Secretary of the U. S. Department of Education in accordance with 20 U.S.C. §1416(b)(2)(B), 34 CFR §300.602, and Regulation .11 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall use the targets described in §D(2) of this regulation to analyze and report annually on the performance of each public agency in the State in accordance with 20 U.S.C. §1416(b)(2)(C) and 34 CFR §300.602.</text> </paragraph> <paragraph num="(5)"> <text>If the Department receives notice that the Secretary of the U.S. Department of Education is proposing to take or is taking an enforcement action pursuant to 34 CFR §300.604, the Department shall notify the public in the manner described in 34 CFR §300.606.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Access to Instructional Materials. The Department shall adopt the National Instructional Materials Standards (NIMAS) and coordinate with the National Instructional Materials Access Center (NIMAC) to provide instructional materials in specialized formats to blind students and students with print disabilities in accordance with 34 CFR §300.172 and Education Article, §8-408, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>Significant Disproportionality.</text> <paragraph num="(1)"> <text>The Department shall collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in each public agency in the State in accordance with 34 CFR §300.646.</text> </paragraph> <paragraph num="(2)"> <text>In making determinations of significant disproportionality, the Department shall use:</text> <paragraph num="(a)"> <text>A risk ratio threshold of 2.0;</text> </paragraph> <paragraph num="(b)"> <text>A minimum cell size of 5; and</text> </paragraph> <paragraph num="(c)"> <text>A minimum n-size of 20.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department shall determine that significant disproportionality is occurring in a public agency that has:</text> <paragraph num="(a)"> <text>Exceeded the risk ratio threshold for 2 consecutive years; and</text> </paragraph> <paragraph num="(b)"> <text>Failed to demonstrate reasonable progress under §F(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Demonstrating reasonable progress means that a public agency has:</text> <paragraph num="(a)"> <text>Decreased its risk ratio by 0.15 and the current risk ratio is 2.0 to 4.0; or</text> </paragraph> <paragraph num="(b)"> <text>Decreased its risk ratio by 0.50 and the current risk ratio is above 4.0.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="State Advisory Committee."> <paragraph num="A."> <text>The State Superintendent of Schools shall appoint a State Advisory Committee for Special Education.</text> </paragraph> <paragraph num="B."> <text>Membership shall represent the population and geographic diversity of the State.</text> </paragraph> <paragraph num="C."> <text>The term of appointment for each member shall be 3 years. Members may be reappointed for one term.</text> </paragraph> <paragraph num="D."> <text>The State Advisory Committee shall include:</text> <paragraph num="(1)"> <text>Parents of students, ages birth through 26 years old, with disabilities;</text> </paragraph> <paragraph num="(2)"> <text>Individuals with disabilities;</text> </paragraph> <paragraph num="(3)"> <text>Special education and general education teachers;</text> </paragraph> <paragraph num="(4)"> <text>Representatives from institutions of higher education that prepare special education and related services personnel;</text> </paragraph> <paragraph num="(5)"> <text>State and local school system officials, including general education administrators and officials responsible for the implementation of COMAR 13A.05.09;</text> </paragraph> <paragraph num="(6)"> <text>Administrators of programs for students with disabilities;</text> </paragraph> <paragraph num="(7)"> <text>Representatives from other State agencies involved in financing or delivering related services to students with disabilities;</text> </paragraph> <paragraph num="(8)"> <text>Representatives from nonpublic schools and public charter schools;</text> </paragraph> <paragraph num="(9)"> <text>Not less than one representative of a vocational, community, or business organization concerned with the provision of transition services to students with disabilities;</text> </paragraph> <paragraph num="(10)"> <text>Representatives from the State juvenile and adult corrections agencies;</text> </paragraph> <paragraph num="(11)"> <text>A representative of the Maryland Department of Human Services (DHS); and</text> </paragraph> <paragraph num="(12)"> <text>A representative of the State Parent Training and Information Center.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A majority of the members shall be individuals with disabilities or parents of students, ages birth through 26 years old, with disabilities.</text> </paragraph> <paragraph num="F."> <text>The State Advisory Committee shall:</text> <paragraph num="(1)"> <text>Advise the Department of unmet needs within the State in the education of students with disabilities;</text> </paragraph> <paragraph num="(2)"> <text>Comment publicly on any regulations proposed by the Department regarding the education of students with disabilities;</text> </paragraph> <paragraph num="(3)"> <text>Advise the Department in developing evaluations and reporting data to the Secretary of the U. S. Department of Education under 20 U.S.C. §1418;</text> </paragraph> <paragraph num="(4)"> <text>Advise the Department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the Act; and</text> </paragraph> <paragraph num="(5)"> <text>Advise the Department in developing and implementing policies relating to the coordination of services for students with disabilities.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Meetings.</text> <paragraph num="(1)"> <text>The State Advisory Committee shall meet at least four times per year, or as often as necessary, to conduct its business.</text> </paragraph> <paragraph num="(2)"> <text>Official minutes shall be kept on State Advisory Committee meetings and shall be made available to the public on request.</text> </paragraph> <paragraph num="(3)"> <text>State Advisory Committee meetings, including agendas, shall be publicly announced before the meetings and the meetings shall be open to the public consistent with 20 U.S.C. §1412(a)(21).</text> </paragraph> <paragraph num="(4)"> <text>Interpreters and other necessary services shall be provided for Advisory Committee members or participants.</text> </paragraph> <paragraph num="(5)"> <text>State Advisory Committee members shall serve without compensation, but the State shall reimburse the members for reasonable and necessary expenses for attending meetings and performing duties.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Annual Report.</text> <paragraph num="(1)"> <text>Not later than July 1 of each year, the State Advisory Committee shall submit an annual report of Committee activities and suggestions to the Department.</text> </paragraph> <paragraph num="(2)"> <text>The report shall be made available to the public in a manner consistent with other public reporting requirements under the Act.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The State may use Part B funds allocated under 20 U.S.C. §1411 for the services in §F(4) and (5) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Department Procedural Safeguards."> <paragraph num="A."> <text>The Department shall establish and maintain procedures to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provisions of FAPE consistent with 34 CFR §§300.500—300.537 and Education Article, §§8-407 and 8-412—8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Mediation.</text> <paragraph num="(1)"> <text>The Department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall bear the cost of the mediation process.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Impartial Due Process Hearing. The Office of Administrative Hearings shall ensure the appointment of an individual to serve as the impartial hearing officer to conduct a due process hearing in accordance with 20 U.S.C. §1415(f), 34 CFR §300.511, State Government Article, Title 10, Subtitle 2, and Education Article, §8-413, Annotated Code of Maryland, COMAR 13A.05.01.15C, and COMAR 28.02.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Compliance Review Activities."> <paragraph num="A."> <text>The Department is responsible for the development and implementation of policies and procedures for compliance review of public agencies to ensure implementation of the requirements of 20 U.S.C. 1400—1419, Education Article, §§8-401—8-415, Annotated Code of Maryland, COMAR 13A.05.01, and Regulation .13 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If the Department identifies a violation of federal or State law or regulation by a public agency, the Department shall require the public agency to submit documentation verifying the implementation of a corrective action.</text> </paragraph> <paragraph num="C."> <text>The Department shall develop policies and procedures to address the provision of technical assistance, monitoring, and enforcement of corrective actions implemented by a public agency as a result of a violation under §B of this regulation and consistent with 20 U.S.C. §1416(a)(1)(C) and 34 CFR §300.600.</text> </paragraph> <paragraph num="D."> <text>If a public agency has not implemented the corrective actions in the time and manner specified by the Department, the Department shall:</text> <paragraph num="(1)"> <text>Advise the public agency in writing that the corrective actions shall be implemented within a specified time frame to avoid further enforcement action; and</text> </paragraph> <paragraph num="(2)"> <text>Offer additional technical assistance to the public agency to assist in the implementation of the corrective actions.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If, after the implementation of §D of this regulation, a public agency has not implemented the corrective actions or made good faith efforts to correct substantial violations, the Department may initiate sanctions, including, but not limited to the following:</text> <paragraph num="(1)"> <text>Redirect or target the use of funds allocated under IDEA Part B Discretionary funds;</text> </paragraph> <paragraph num="(2)"> <text>Reduce or eliminate the use of funds allocated under IDEA Part B Discretionary funds;</text> </paragraph> <paragraph num="(3)"> <text>Redirect or target the use of funds allocated under IDEA Part B Passthrough funds;</text> </paragraph> <paragraph num="(4)"> <text>Withhold or reduce Part B Passthrough funds pending completion of the corrective actions;</text> </paragraph> <paragraph num="(5)"> <text>Withhold or reduce State funds for special education services pending the completion of corrective actions;</text> </paragraph> <paragraph num="(6)"> <text>Assign Department staff on-site to assist in the completion of the corrective actions; and</text> </paragraph> <paragraph num="(7)"> <text>Assign a monitor to oversee the public agency's special education programs, with the responsibility for the costs of monitoring to be determined by the Department.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Prior to reducing or withholding funds, all requirements regarding proper notice by the Department to the public agency shall be met, consistent with 20 U.S.C. §1413(c) and (d).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Funding."> <text>The Department may use available State, federal, and private sources of support, including public or private third-party reimbursements which do not result in cost to parents of students with disabilities, to meet the requirements of 20 U.S.C. §§1400—1419.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Interagency Collaboration."> <text>The Department shall establish, implement, and maintain interagency planning and program implementation agreements for students with disabilities, consistent with federal and State law.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="State Complaint Procedures."> <paragraph num="A."> <text>The Department shall develop and implement State complaint investigation procedures consistent with COMAR 13A.05.01.15A.</text> </paragraph> <paragraph num="B."> <text>The complaint investigation procedures and guidelines shall be disseminated on request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Reports."> <text>The Department shall submit reports at the time and in the manner specified by the Secretary of the U.S. Department of Education.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Nonpublic School Approval."> <paragraph num="A."> <text>An in-State nonpublic school offering special education and related services may have the program approved if the nonpublic school:</text> <paragraph num="(1)"> <text>Has a certificate of approval from the Department for the school's special education program;</text> </paragraph> <paragraph num="(2)"> <text>Meets the requirements of COMAR 13A.09.10.18A—C;</text> </paragraph> <paragraph num="(3)"> <text>Meets the requirements of COMAR 13A.09.10.14A—B;</text> </paragraph> <paragraph num="(4)"> <text>Employs teachers who meet the highest standard of the Department and the requirements of 34 CFR §300.18; and</text> </paragraph> <paragraph num="(5)"> <text>Has written policies and procedures regarding the:</text> <paragraph num="(a)"> <text>School's participation in the development, review, or revision of a student's IEP with the local school system that referred the student,</text> </paragraph> <paragraph num="(b)"> <text>Notification of a local school system when a student's IEP needs to be reviewed or revised,</text> </paragraph> <paragraph num="(c)"> <text>Notification of a local school system before dismissing a student with a disability, and</text> </paragraph> <paragraph num="(d)"> <text>Maintenance of a student's placement during mediation or due process hearings in accordance with COMAR 13A.05.01.15B and C, unless the local school system and parent agree to an alternative placement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An out-of-State nonpublic school that offers special education and related services may have its program approved if there is a demonstrated need for the services of the nonpublic school, and the nonpublic school program:</text> <paragraph num="(1)"> <text>Is approved by the state education agency of the state where the school is located;</text> </paragraph> <paragraph num="(2)"> <text>Is determined by the Department to substantially meet the requirements of COMAR 13A.09.10;</text> </paragraph> <paragraph num="(3)"> <text>Meets the requirements of COMAR 13A.09.10.09B and C, or equivalent standards as established by the state education agency of the state where the nonpublic school is located; and</text> </paragraph> <paragraph num="(4)"> <text>Has written policies and procedures consistent with §A(4) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Local Public Agency Administration."> <paragraph num="A."> <text>Assurance.</text> <paragraph num="(1)"> <text>A local school system shall ensure that all students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, residing within the jurisdiction of the local school system are located, identified, evaluated, and provided services consistent with 20 U.S.C. §§1400—1419, 34 CFR 300 and 301, Education Article, §§8-401—8-415, Annotated Code of Maryland, and COMAR 13A.05.01.</text> </paragraph> <paragraph num="(2)"> <text>Students under §A(1) of this regulation include:</text> <paragraph num="(a)"> <text>Students with disabilities attending private schools within the jurisdiction of the local school system;</text> </paragraph> <paragraph num="(b)"> <text>Highly mobile students;</text> </paragraph> <paragraph num="(c)"> <text>Migrant students;</text> </paragraph> <paragraph num="(d)"> <text>Homeless students, as defined in COMAR 13A.05.09;</text> </paragraph> <paragraph num="(e)"> <text>Wards of the State, as defined in 34 CFR §300.45 and Education Article §8-412, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(f)"> <text>Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade, in accordance with 34 CFR §300.101.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Interagency Collaboration. A local school system shall establish and maintain interagency planning and program implementation agreements for students with disabilities in the manner specified by the Department or Article 49D, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Local Application for Federal Funds.</text> <paragraph num="(1)"> <text>A public agency shall submit a local application for Part B funds annually, in the manner specified by the Department, consistent with 20 U.S.C. §1413(a), including:</text> <paragraph num="(a)"> <text>Grant budgets;</text> </paragraph> <paragraph num="(b)"> <text>Policies and procedures for the implementation of FAPE for students with disabilities, consistent with federal and State laws and regulations; and</text> </paragraph> <paragraph num="(c)"> <text>A staffing plan consistent with §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department shall review the local application, as described in §C(1) of this regulation, and issue a written decision to the public agency.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall prohibit a public agency from reducing maintenance of effort for any fiscal year, consistent with 20 U.S.C. §1413(a)(2), 34 CFR §300.203, and COMAR 13A.02.05, and in accordance with 20 U.S.C. §1416(f), if the Department determines a public agency is not meeting the:</text> <paragraph num="(a)"> <text>Requirements of the Act; and</text> </paragraph> <paragraph num="(b)"> <text>Targets in the State performance plan.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Early Intervening Services. A local school system may use not more than 15 percent of the federal funds received under the Act to develop and implement coordinated early intervening services in accordance with 20 U.S.C. §1413(f) and 34 CFR §300.226.</text> </paragraph> <paragraph num="(5)"> <text>Disproportionality. A local school system shall reserve 15 percent of the federal funds in accordance with 20 U.S.C. §1418(d)(2)(B) and 34 CFR §300.646 to provide comprehensive, coordinated early intervening services consistent with 20 U.S.C. §1413(f) and 34 CFR §300.226 to serve students identified in those groups where significant disproportionality exists.</text> </paragraph> <paragraph num="(6)"> <text>A public agency shall make available all documents relating to the eligibility of the public agency in accordance with 20 U.S.C. §1413(a)(8) and 34 CFR §300.212.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Staffing Plan.</text> <paragraph num="(1)"> <text>A public agency shall develop a staffing plan consistent with the procedures provided by the Department to ensure that personnel and other resources are available to provide FAPE to each student with a disability in the least restrictive environment as determined by an IEP team.</text> </paragraph> <paragraph num="(2)"> <text>The local board shall approve the staffing plan.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedural Safeguards.</text> <paragraph num="(1)"> <text>A public agency shall establish and maintain procedures consistent with 20 U.S.C. §1415, 34 CFR §§300.500—300.536, and COMAR 13A.05.01.11—15 and .16C to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a FAPE.</text> </paragraph> <paragraph num="(2)"> <text>Parent Surrogates. A public agency shall appoint a parent surrogate for a student with a disability, as described in COMAR 13A.05.01.11G and in accordance with Education Article, §8-412, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Continuum of Alternative Placements. A public agency shall ensure a continuum of alternative placements is available for students with disabilities who require special education and related services, consistent with COMAR 13A.05.01.10B.</text> </paragraph> <paragraph num="G."> <text>Reports. A public agency shall submit reports at the time and in the manner specified by the Department.</text> </paragraph> <paragraph num="H."> <text>Accessibility of Technology-Based Instructional Products.</text> <paragraph num="(1)"> <text>A public agency shall ensure that a request for bid, request for proposal, and local public agency guidelines for the selection and evaluation of technology-based instructional products used by students include the requirements governing equivalent access consistent with Subpart B, Technical Standards, Section 508 of the Rehabilitation Act of 1973, as amended.</text> </paragraph> <paragraph num="(2)"> <text>A public agency shall ensure that technology-based instructional products provide students with disabilities equivalent access unless doing so would:</text> <paragraph num="(a)"> <text>Fundamentally alter the nature of the instructional activity;</text> </paragraph> <paragraph num="(b)"> <text>Result in undue financial and administrative burdens on the public agency; or</text> </paragraph> <paragraph num="(c)"> <text>Not meet all other specifications.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a technology-based instructional product meets the criteria described in §H(2) of this regulation or is not available, the public agency shall implement an alternative method of instruction designed to enable a student with a disability to access the general curriculum and meet the student's IEP goals and objectives as specified in COMAR 13A.05.01.09A.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Local Special Education Citizens Advisory Committee.</text> <paragraph num="(1)"> <text>Each local school system shall establish a special education citizens advisory committee to advise the local school system on the needs of students with disabilities within the jurisdiction.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall annually allocate federal funds to each local school system to support the activities of the local special education citizen advisory committee.</text> </paragraph> <paragraph num="(3)"> <text>Each local school system shall submit a budget for the use of federal funds, consistent with §C(1)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Charter Schools. A local school system shall serve students with disabilities attending charter schools in the same manner as the public agency serves students with disabilities in its other schools, in accordance with 20 U.S.C. §1413(a)(5) and Education Article, Title 9, Annotated Code of Maryland.</text> </paragraph> <paragraph num="K."> <text>Medications. Public agencies may not require a student with a disability to obtain a prescription for a substance covered by the Controlled Substances Act, as described in 20 U.S.C. §1412(a)(25), as a condition of:</text> <paragraph num="(1)"> <text>Attending school;</text> </paragraph> <paragraph num="(2)"> <text>Receiving an evaluation; or</text> </paragraph> <paragraph num="(3)"> <text>Receiving special education and related services in accordance with COMAR 13A.05.01.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Personnel Development. A public agency shall ensure all personnel necessary to implement the Act are prepared in accordance with 20 U.S.C. §1412(a)(14), 34 CFR §300.207, and §2122 of the Elementary and Secondary Education Act of 1965.</text> </paragraph> <paragraph num="M."> <text>Purchase of Instructional Materials. A public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials in the same manner and subject to the same conditions as the Department as described in Regulation .04 of this chapter and in accordance with 34 CFR §300.210 and Education Article, §8-408(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="N."> <text>Reimbursement of Licensing Fee.</text> <paragraph num="(1)"> <text>A local school system shall provide an amount equal to the initial licensing fee or renewal of license fee to an audiologist or speech-language pathologist, in accordance with Education Article, §6-112.1, Annotated Code of Maryland, who:</text> <paragraph num="(a)"> <text>Provides audiology and speech language services on a third-party billing basis in schools; and</text> </paragraph> <paragraph num="(b)"> <text>Is licensed by the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An audiologist or speech-language pathologist shall reimburse the local school system the full amount of aid received if the audiologist or speech-language pathologist does not:</text> <paragraph num="(a)"> <text>Complete all the requirements for renewal of a license; or</text> </paragraph> <paragraph num="(b)"> <text>Provide audiology or speech-language pathology services on a third-party billing basis in a school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="O."> <text>Transition from a Local Infants and Toddlers Program. The public agency shall ensure that a representative of the public agency attends the local infants and toddlers transition planning meeting as described in 20 U.S.C. §1437(a)(9)(A)(ii)(II).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Nonpublic Placements by Local School Systems."> <paragraph num="A."> <text>General. A local school system shall consider the placement of a student with a disability in a nonpublic program when:</text> <paragraph num="(1)"> <text>The local school system cannot implement the student's IEP; and</text> </paragraph> <paragraph num="(2)"> <text>The nonpublic school program to which the student has been referred:</text> <paragraph num="(a)"> <text>Has been approved by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Can implement the student's IEP; and</text> </paragraph> <paragraph num="(c)"> <text>Is the least restrictive environment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>State Contributions for Funding In-State Nonpublic Placements.</text> <paragraph num="(1)"> <text>A State contribution for funding the costs of a placement for a student with a disability in an approved nonpublic school program is available for placements which meet the requirements of Education Article, §8-406, Annotated Code of Maryland, and Regulation .12 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A local school system requesting a State funding contribution in accordance with Education Article, §8-414, Annotated Code of Maryland, shall apply to the Department for approval of the funding contribution for the placement of the student at the time and in the manner specified by the Department.</text> </paragraph> <paragraph num="(3)"> <text>The local school system shall provide written notice to the parents of a student with a disability when an application for a State contribution for funding a nonpublic school placement is submitted to the Department.</text> </paragraph> <paragraph num="(4)"> <text>If the Department disapproves a request for State funding of a nonpublic school placement recommended by a local school system for a student with a disability, the Department shall identify an available appropriate alternative placement.</text> </paragraph> <paragraph num="(5)"> <text>State Contribution for Funding an In-State Residential Placement.</text> <paragraph num="(a)"> <text>A local school system shall obtain approval from the LCT before a local school system requests a State funding contribution of an in-State residential placement for a student with a disability.</text> </paragraph> <paragraph num="(b)"> <text>A local school system shall notify the Department of the LCT approval when the request for a State funding contribution is submitted to the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>State Contribution for Funding Out-of-State Nonpublic Placements.</text> <paragraph num="(1)"> <text>A local school system shall participate as a member of the LCT and the LMB, in accordance with COMAR 14.31.01.</text> </paragraph> <paragraph num="(2)"> <text>A local school system shall obtain approval from the LCT to request a State contribution for funding an out-of-State nonpublic placement for a student with a disability whose educational needs cannot be met in an in-State nonpublic placement consistent with §A of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The LCT shall review the funding request for an out-of-State nonpublic placement in accordance with COMAR 14.31.01.</text> </paragraph> <paragraph num="(4)"> <text>If the LCT approves the out-of-State nonpublic placement funding request, the local school system shall forward the funding request and supporting documentation at the time and in the manner specified by the SCC.</text> </paragraph> <paragraph num="(5)"> <text>On approval of the State contribution for funding the out-of-State residential nonpublic placement, the SCC shall notify the Department and the local school system.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Limitations on Local School System and State Funding Contributions to Nonpublic Placements.</text> <paragraph num="(1)"> <text>If the LCT determines that a student with a disability requires a nonpublic placement for noneducational reasons, the local school system may agree to be responsible for the educational cost not to exceed the local share of the basic cost of the local school system education program, as defined in Education Article, §8-415, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The local school system is not responsible for the cost of the educational component of a nonpublic placement if the placement:</text> <paragraph num="(a)"> <text>Is not required to provide a student FAPE consistent with COMAR 13A.05.01.06 and §A of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Is made by another agency without local school system approval for funding.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Notwithstanding §D(2) of this regulation, the local school system shall:</text> <paragraph num="(a)"> <text>Assist the placing agency with the transfer of educational records as set forth in Education Article, §§8-501—8-506, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Review student progress at least annually, in accordance with COMAR 13A.05.01.07 —10.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>When another public agency places a student with a disability in a residential placement as defined in COMAR 14.31.01.02B(18), for noneducational reasons, the nonpublic school shall:</text> <paragraph num="(a)"> <text>Immediately enroll the student;</text> </paragraph> <paragraph num="(b)"> <text>Allow the student to access the full array of instructional opportunities offered by the nonpublic school; and</text> </paragraph> <paragraph num="(c)"> <text>Provide special education and related services as outlined in the student's IEP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>In accordance with the fiduciary responsibilities for public funds, the Department may audit the records of nonpublic schools to which the Department has contributed funding for placements.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 8-301—8-319, 8-3A-01—8-3A-11, and 8-401—8-419;Human Services Article, §§8-401—8-409;Labor and Employment Article, §§11-801 and 11-901 et seq.; Annotated Code of MarylandFederal Statutory Reference: 20 U.S.C. §§1408, 1412, 1413, and 1437;Federal Regulatory References: 34 CFR 300 and 303</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1999 (26:8 Md. R. 616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective January 21, 2002 (29:1 Md. R. 24) ; May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 21, 2002 (29:1 Md. R. 24); July 31, 2017 (44:15 Md. R. 760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective June 23, 2003 (30:11 Md. R. 789) ; May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, B amended effective January 21, 2002 (29:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F adopted effective June 18, 2018 (45:12 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective January 21, 2002 (29:1 Md. R. 24); June 23, 2003 (30:11 Md. R. 789)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, C amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective June 23, 2003 (30:11 Md. R. 789)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13H adopted effective January 21, 2002 (29:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13I adopted effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13O adopted effective October 5, 2009 (36:20 Md. R. 1530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B—D amended effective July 31, 2017 (44:15 Md. R. 760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14D amended effective May 7, 2007 (34:9 Md. R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14E adopted effective January 21, 2002 (29:1 Md. R. 24)</annotation> </annotations> </chapter> <chapter num="03" heading="Programs of Adult Education" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 adopted effective November 23, 1981 (8:23 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective August 7, 1989 (16:15 Md. R. 1652)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed effective January 2, 2017 (43:26 Md. R. 1448)</annotation> </annotations> </chapter> <chapter num="04" heading="Programs for Library Media Services"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Digital Citizenship.</text> <paragraph num="(a)"> <text>“Digital citizenship” means a set of norms that define how to use technology responsibly and appropriately.</text> </paragraph> <paragraph num="(b)"> <text>The norms include digital access, etiquette, law, communication, digital literacy, commerce, safety, security, health, wellness, digital rights, and digital responsibilities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Digital Literacy.</text> <paragraph num="(a)"> <text>“Digital literacy” means the knowledge and skills that enable individuals to effectively utilize digital, information, and communication technologies to locate, evaluate, synthesize, create, and communicate information.</text> </paragraph> <paragraph num="(b)"> <text>“Digital literacy” requires both cognitive and technical competencies, as well as an understanding of the human and technological complexities within the digital media landscape.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Information Literacy.</text> <paragraph num="(a)"> <text>“Information literacy” means the knowledge and skills that enable individuals to recognize when information is needed and to effectively locate, evaluate, organize, use, and communicate that information.</text> </paragraph> <paragraph num="(b)"> <text>“Information literacy” is critical in situations that involve decision making, problem solving, or knowledge acquisition, requiring the ability to navigate and utilize information in a variety of formats.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Media Literacy.</text> <paragraph num="(a)"> <text>“Media literacy” means the knowledge and skills that enable individuals to interpret and produce media content by encoding and decoding symbols transmitted through various media, while also critically analyzing, synthesizing, and creating mediated messages.</text> </paragraph> <paragraph num="(b)"> <text>“Media literacy” includes all forms of electronic, digital, print, and artistic visuals used to convey messages.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Public School Library Programs."> <paragraph num="A."> <text>Each local school system shall establish in each school a unified school library media program for the use of all students which shall include, but not be limited to:</text> <paragraph num="(1)"> <text>An organized and centrally managed collection of instructional materials and technologies;</text> </paragraph> <paragraph num="(2)"> <text>Instruction emphasizing digital, media, and information literacy integrated into all content areas;</text> </paragraph> <paragraph num="(3)"> <text>Appropriate materials and technologies to support the instructional programs of the local school system; and</text> </paragraph> <paragraph num="(4)"> <text>A certified school library media specialist.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The school library media program shall be integrated with the local school system’s instructional programs by having certified library media personnel:</text> <paragraph num="(1)"> <text>Participate in the development and implementation of all educational programs;</text> </paragraph> <paragraph num="(2)"> <text>Participate in the selection of school library media materials; and</text> </paragraph> <paragraph num="(3)"> <text>Instruct students, in cooperation with other teachers, in information literacy skills, which have been integrated into other areas of the curriculum.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each local school system shall develop and implement a plan for its school library media program which shall include the following goals and subgoals to:</text> <paragraph num="(1)"> <text>Provide direct instruction to help students become digital, media, and information literate through the achievement of the following learner outcomes:</text> <paragraph num="(a)"> <text>Locating and using information resources including digital technologies;</text> </paragraph> <paragraph num="(b)"> <text>Reviewing, evaluating, and selecting materials and digital tools for an identified information need;</text> </paragraph> <paragraph num="(c)"> <text>Learning and applying reading, research, and critical thinking skills to organize information;</text> </paragraph> <paragraph num="(d)"> <text>Comprehending content in various types of media;</text> </paragraph> <paragraph num="(e)"> <text>Retrieving and managing information;</text> </paragraph> <paragraph num="(f)"> <text>Demonstrating an appreciation of literature and other creative expressions as sources of information and recreation;</text> </paragraph> <paragraph num="(g)"> <text>Creating materials with digital tools and formats; and</text> </paragraph> <paragraph num="(h)"> <text>Applying ethical behavior to the use of information through digital citizenship instruction;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Support instruction by:</text> <paragraph num="(a)"> <text>Collaborating with school and system level staff as well as with other individuals and organizations;</text> </paragraph> <paragraph num="(b)"> <text>Including school library personnel in curriculum development implementation and evaluation at each grade level;</text> </paragraph> <paragraph num="(c)"> <text>Providing resources to support instruction; and</text> </paragraph> <paragraph num="(d)"> <text>Providing professional development services which include but are not limited to:</text> <paragraph num="(i)"> <text>Copyright;</text> </paragraph> <paragraph num="(ii)"> <text>Privacy;</text> </paragraph> <paragraph num="(iii)"> <text>Accessibility;</text> </paragraph> <paragraph num="(iv)"> <text>Instructional technology and digital learning; and</text> </paragraph> <paragraph num="(v)"> <text>Digital citizenship;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Provide services which include but are not limited to:</text> <paragraph num="(a)"> <text>Evaluating and selecting instructional materials and technologies in accordance with local board of education policies;</text> </paragraph> <paragraph num="(b)"> <text>Implementing procedures for the acquisition, organization, circulation, and removal of instructional materials and technologies in accordance with Education Article, §4-142, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Providing reference and information assistance for specific requests;</text> </paragraph> <paragraph num="(d)"> <text>Promoting instructional materials, technologies, and services that address the interest, information, and instructional support of students, staff, parents, and the community; and</text> </paragraph> <paragraph num="(e)"> <text>Providing access to people and information outside of the school community;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Provide personnel who include:</text> <paragraph num="(a)"> <text>Certified school library media personnel with technical or clerical assistance at the school building level to organize and operate a school library media program, and</text> </paragraph> <paragraph num="(b)"> <text>A certified library media administrator or central office leadership and technical and clerical assistance to support and coordinate the school library media program;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Make accessible a comprehensive and organized collection of selected instructional materials and technologies according to policies established by local boards of education; and</text> </paragraph> <paragraph num="(6)"> <text>Provide an adequate physical facility which is accessible and conducive to learning.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each local school system shall have school library media program implementation documents which are reviewed and approved by the local school system on a periodic basis. These documents shall include:</text> <paragraph num="(1)"> <text>Selection policies and procedures consistent with §B(2) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Objection policies and procedures consistent with §E of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Curriculum and instruction documents for teaching digital and information literacy skills including reading, research, and critical thinking skills which:</text> <paragraph num="(a)"> <text>Align with the Maryland Standards for School Library Media;</text> </paragraph> <paragraph num="(b)"> <text>Align with the Maryland Digital Learning Standards for Students;</text> </paragraph> <paragraph num="(c)"> <text>Integrate with content curriculum;</text> </paragraph> <paragraph num="(d)"> <text>Include a scope and sequence of skills and objectives; and</text> </paragraph> <paragraph num="(e)"> <text>Include the use of technology; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Handbooks or manuals of operational procedures which include but are not limited to:</text> <paragraph num="(a)"> <text>Circulation policies and procedures;</text> </paragraph> <paragraph num="(b)"> <text>Budgeting and purchasing policies and procedures;</text> </paragraph> <paragraph num="(c)"> <text>Policies and procedures for the evaluation and removal of obsolete or damaged books;</text> </paragraph> <paragraph num="(d)"> <text>Inventory policies and procedures; and</text> </paragraph> <paragraph num="(e)"> <text>Policies and procedures for end-of-year reports.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Objection Policies and Procedures.</text> <paragraph num="(1)"> <text>Objection Review Committee.</text> <paragraph num="(a)"> <text>Each local school system shall establish a committee to review objections to materials in a school library media program.</text> </paragraph> <paragraph num="(b)"> <text>The committee must include at least one certified school library media specialist or certified school library media administrator, one classroom teacher, one school administrator, one student, and one parent or guardian representative.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each local school system shall establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel.</text> </paragraph> <paragraph num="(3)"> <text>The process shall include:</text> <paragraph num="(a)"> <text>The standards or criteria used to review materials;</text> </paragraph> <paragraph num="(b)"> <text>A reasonable timeline to conduct and conclude the review process;</text> </paragraph> <paragraph num="(c)"> <text>A requirement that the objection review committee make a recommendation to the local superintendent regarding the objected materials;</text> </paragraph> <paragraph num="(d)"> <text>A requirement that the recommendation of the objection review committee be posted publicly for the local school community;</text> </paragraph> <paragraph num="(e)"> <text>A 30-day period for the local school community to provide written comment to the local superintendent before the superintendent issues a written decision;</text> </paragraph> <paragraph num="(f)"> <text>A requirement that the local superintendent publicly post:</text> <paragraph num="(i)"> <text>The written decision;</text> </paragraph> <paragraph num="(ii)"> <text>The basis for the decision; and</text> </paragraph> <paragraph num="(iii)"> <text>Notice of the right to appeal to the local board for individuals and organizations with established standing; and</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>A right to appeal to the local board.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The local superintendent’s decision is considered prima facie correct, and the local board may not substitute its judgment for that of the local superintendent unless the decision is arbitrary, unreasonable or illegal.</text> </paragraph> <paragraph num="(5)"> <text>The approved policy and procedures shall be posted on the website of the local school system.</text> </paragraph> <paragraph num="(6)"> <text>The approved policy and procedures shall align with the following standards:</text> <paragraph num="(a)"> <text>The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;</text> </paragraph> <paragraph num="(b)"> <text>Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and</text> </paragraph> <paragraph num="(c)"> <text>Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Materials under review due to an objection shall remain available for use by students and school personnel until the review process has concluded and a final decision has been issued.</text> </paragraph> <paragraph num="(8)"> <text>A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards in §F(4) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public School Library Program Reporting and Monitoring."> <paragraph num="A."> <text>Each local school system superintendent shall certify to the State Superintendent that the elementary and secondary school library media programs meet or are working towards meeting the requirements set forth in these regulations, according to the periodic review schedule established by the State Department of Education, including but not limited to:</text> <paragraph num="(1)"> <text>Annual submission of the Maryland Annual School Library Survey by May 31; and</text> </paragraph> <paragraph num="(2)"> <text>The biannual submission of the school library media program implementation documents referenced in Regulation .02E of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The State Department of Education shall implement a procedure for conducting periodic reviews of local school system school library media programs in order to identify program and professional development needs that exist in library media programs. The Department shall submit a copy of the results of its periodic review to the appropriate local school system superintendent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Library Programs Involving Federal Funds."> <text>The regulations for the acceptance and administration of federal funds for the further development of public library and cooperative library services as provided in Public Law 91-600, as amended, shall be those set forth in the Basic State Plan for the administration on the Library Services and Construction Act.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Special Library Services."> <text>The Maryland State Library Agency shall provide library services to the blind and physically disabled. The Maryland State Library Agency shall receive and utilize the resources of federal agencies in accordance with policies governing these resources. It shall coordinate library service to the blind and physically disabled with those of public libraries and other educational institutions so as to provide an effective Statewide program. The service is provided by the State Library for the Physically Handicapped administered by the Maryland State Library Agency.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Free Public Library Services."> <paragraph num="A."> <text>The board of public library trustees for each county, including Washington County and Baltimore City, shall develop and submit to the Maryland State Library Agency a statement of its policies relating to the provision of free library services to the public. Each statement shall state the board's policies with respect to:</text> <paragraph num="(1)"> <text>Limits to be placed on the amount of free services, such as limits on the number of books or other materials borrowed at one time, or time limits on borrowing;</text> </paragraph> <paragraph num="(2)"> <text>Online database searches, including a statement of:</text> <paragraph num="(a)"> <text>Reasonable time limitations on Internet or database searches; and</text> </paragraph> <paragraph num="(b)"> <text>Charges to users for additional online searches;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Charges for utilities or conveniences available to library users, such as copying machines, printers, fax machines, or other equipment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Maryland State Library Agency shall report to the Maryland State Library Board any statements submitted pursuant to this regulation which are not in compliance with State laws and regulations regarding free library services.</text> </paragraph> <paragraph num="C."> <text>“Free library services” is defined to include the use of all library materials and services available for reference/information and for circulation to library users regardless of format, including printed materials, media, computer software, Internet, online databases, or other forms of electronic storage of information.</text> </paragraph> <paragraph num="D."> <text>A public library may not charge usage fees for circulation or use of any materials, excluding late return and excess use charges authorized in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Audits of County Public Libraries."> <paragraph num="A."> <text>Audit Required. Each board of library trustees for a county public library shall have an audit made of its financial statements for each fiscal year.</text> </paragraph> <paragraph num="B."> <text>Qualifications and Approval of Auditor. The auditor shall meet the qualifications in COMAR 13A.02.07.04B. The director of the county public library shall submit to the State Librarian for approval, by May 1 of the fiscal year to be audited, the name of the auditor.</text> </paragraph> <paragraph num="C."> <text>Audit Standards and Report. The auditor shall conduct the audit in accordance with the standards in COMAR 13A.02.07.04D and the audit reporting package shall include the information in COMAR 13A.02.07.04E.</text> </paragraph> <paragraph num="D."> <text>Submission of Report. The director of the county public library shall submit a copy of the audit reporting package to the State Librarian and appropriate county governing body by November 1 after the close of the fiscal year, except that a county having a population of more than 500,000 and having a county library agency as provided by Education Article, §23-401(b), Annotated Code of Maryland, shall submit the audit report by January 1 after the close of the fiscal year.</text> </paragraph> <paragraph num="E."> <text>Audits of Federal Awards. Each county public library that expends $500,000 or more in federal awards in any fiscal year shall have an audit made in accordance with COMAR 13A.02.07.05.</text> </paragraph> <paragraph num="F."> <text>Additional Provisions. The provisions of COMAR 13A.02.07.06—.10 shall apply to audits conducted under this regulation.</text> </paragraph> <paragraph num="G."> <text>Exemptions. This regulation does not apply to county public libraries which:</text> <paragraph num="(1)"> <text>Do not receive, account for, control, and supervise the spending of any public funds for the library;</text> </paragraph> <paragraph num="(2)"> <text>Do not prepare separate financial statements; and</text> </paragraph> <paragraph num="(3)"> <text>Are audited as a part of the county government.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="County Library Capital Project Grants Program."> <paragraph num="A."> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“LLA” means local library agency or county library system.</text> </paragraph> <paragraph num="(2)"> <text>“MSL” means the Maryland State Library Agency.</text> </paragraph> <paragraph num="(3)"> <text>“Project completion” means:</text> <paragraph num="(a)"> <text>Construction work has been completed in accordance with the contract documents;</text> </paragraph> <paragraph num="(b)"> <text>The project architect has issued a certificate of completion;</text> </paragraph> <paragraph num="(c)"> <text>The contractor has submitted the application for final payment; and</text> </paragraph> <paragraph num="(d)"> <text>The building has been accepted by the LLA.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Responsibilities of MSL. MSL shall:</text> <paragraph num="(1)"> <text>Develop and administer a grant program for county library capital projects to provide a uniform and objective analysis of proposed capital projects and support projects that address the library needs in the State;</text> </paragraph> <paragraph num="(2)"> <text>Evaluate and prioritize grant requests to provide a uniform and objective analysis of proposed capital projects, including the review of each applicant's library facilities master plan;</text> </paragraph> <paragraph num="(3)"> <text>Review proposed county library construction grants and issue approvals that are specific to a definite project with a prescribed scope and cost; and</text> </paragraph> <paragraph num="(4)"> <text>Use the following criteria to evaluate capital project requests:</text> <paragraph num="(a)"> <text>The public necessity and urgency of a project;</text> </paragraph> <paragraph num="(b)"> <text>The need for additional sources of funding for a project;</text> </paragraph> <paragraph num="(c)"> <text>The estimated cost and timeliness of executing a project;</text> </paragraph> <paragraph num="(d)"> <text>The viability of matching funds for a project;</text> </paragraph> <paragraph num="(e)"> <text>Geographic diversity; and</text> </paragraph> <paragraph num="(f)"> <text>Other factors that may give priority to a project.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Library Facilities Master Plan.</text> <paragraph num="(1)"> <text>By July 1 of each year, as a condition of receiving State project approval, each LLA shall submit to MSL or its designee:</text> <paragraph num="(a)"> <text>Countywide library plan, which includes:</text> <paragraph num="(i)"> <text>A mission statement;</text> </paragraph> <paragraph num="(ii)"> <text>A needs statement; and</text> </paragraph> <paragraph num="(iii)"> <text>Multiyear goals and objectives; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Library facilities master plan, which includes:</text> <paragraph num="(i)"> <text>A description of the capital project approved by the applicant's governing body;</text> </paragraph> <paragraph num="(ii)"> <text>An updated and detailed capital improvement program for the following fiscal year; and</text> </paragraph> <paragraph num="(iii)"> <text>A library capital improvement program for the following 5 years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The annual and subsequent 5-year capital improvement program shall be consistent with the current library facilities master plan of record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Capital Improvement Projects Grants Program.</text> <paragraph num="(1)"> <text>By July 15 of each year, an LLA may submit up to 3 applications to MSL to receive grants for capital projects for the next fiscal year.</text> </paragraph> <paragraph num="(2)"> <text>An application shall include:</text> <paragraph num="(a)"> <text>A description of the scope and purpose of the project;</text> </paragraph> <paragraph num="(b)"> <text>A building plan that includes the estimated total cost of the project, including matching funds; and</text> </paragraph> <paragraph num="(c)"> <text>Any other information required by MSL.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On or before October 1 of each year, MSL shall make a recommendation to the State Library Board regarding LLA capital project grants for the following fiscal year that:</text> <paragraph num="(a)"> <text>Identifies capital projects for funding approval; and</text> </paragraph> <paragraph num="(b)"> <text>Recommends a maximum State construction allocation for each project.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>On or before November 1 of each year, on approval of the State Library Board, MSL shall forward the list of approved LLA capital projects to the Department of Budget and Management.</text> </paragraph> <paragraph num="(5)"> <text>By December 1 of each year, each local library board shall submit documentation that:</text> <paragraph num="(a)"> <text>The local government has approved the LLA request for State funds and agreed to provide the required matching funds; and</text> </paragraph> <paragraph num="(b)"> <text>The requested State funding will be expended within the fiscal year following the fiscal year in which the funds are requested.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Amendments to the State capital improvement program that a local library board considers necessary to submit during the course of the year shall be reviewed and approved by MSL and the State Library Board before an amendment may be implemented.</text> </paragraph> <paragraph num="(7)"> <text>State and Local Cost Share Formula.</text> <paragraph num="(a)"> <text>The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under Education Article, §23-505(b), Annotated Code of Maryland, by the library program amount for a county calculated under Education Article, §23-503(b), Annotated Code of Maryland, and multiplying this quotient by 1.25.</text> </paragraph> <paragraph num="(b)"> <text>The minimum State share of a county library capital project is 50 percent and the maximum State share of a county library capital project is 90 percent of the project expenses that are approved by MSL pursuant to this regulation and Education Article, §23-502, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(c)"> <text>Grants under this program may not be for an amount less than $20,000.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Planning and Design of Capital Projects.</text> <paragraph num="(1)"> <text>Land or buildings for a capital project shall be acquired by the board of library trustees or, in Montgomery County, the Department of Public Library Services.</text> </paragraph> <paragraph num="(2)"> <text>Architects and Engineers.</text> <paragraph num="(a)"> <text>The plans, specifications, and related documents for each construction project shall be developed under the supervision and responsibility of a licensed architect or engineer.</text> </paragraph> <paragraph num="(b)"> <text>The LLA shall select the architect or engineer.</text> </paragraph> <paragraph num="(c)"> <text>The LLA shall notify MSL of the architect or engineer selected.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Grant Close-Out.</text> <paragraph num="(1)"> <text>Within 180 days after project completion, the LLA shall submit a close-out summary to MSL using a form provided by MSL.</text> </paragraph> <paragraph num="(2)"> <text>MSL may conduct financial and procedural compliance audits.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Rescinding Funding Approval.</text> <paragraph num="(1)"> <text>If, within 2 years after funding is made available for a project, no part of the project is under contract, MSL may determine the project to be abandoned and rescind the funding approval.</text> </paragraph> <paragraph num="(2)"> <text>When MSL rescinds funding approval, MSL shall transfer the allocation to the Statewide Contingency Account for the fiscal year in which the project was approved for funding.</text> </paragraph> <paragraph num="(3)"> <text>Funds transferred to the Statewide Contingency Account may be used for any project approved in a future LLA capital improvement program.</text> </paragraph> <paragraph num="(4)"> <text>After a project approval is rescinded, to be considered for reinstatement, the project shall be submitted as a new project request in a succeeding fiscal year's annual LLA capital improvement program.</text> </paragraph> <paragraph num="(5)"> <text>MSL may approve a request to extend the allowable time for placing a project under contract if the extension is justified by unusual circumstances.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §5-206 and Title 23, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective July 28, 1986 (13:15 Md. R. 1735)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 12, 1994 (21:18 Md. R. 1511); April 3, 2000 (27:6 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 effective September 1, 1954</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective January 1, 1987 (13:24 Md. R. 2561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 30, 2008 (35:13 Md. R. 1181)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective December 14, 1987 (14:25 Md. R. 2661); October 22, 2018 (45:21 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective February 26, 1979 (6:4 Md. R. 278)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 7, 1993 (20:11 Md. R. 915); November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D, F amended effective October 22, 2018 (45:21 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 22, 1980 (7:4 Md. R. 350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1511); October 22, 2018 (45:21 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective May 30, 1988 (15:11 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 30, 2008 (35:13 Md. R. 1181)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective September 12, 1994 (21:18 Md. R. 1511)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, B amended effective October 22, 2018 (45:21 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective September 4, 1989 (16:17 Md. R. 1886)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective October 4, 1999 (26:20 Md. R. 1547); September 25, 2006 (33:19 Md. R. 1561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, D amended effective October 22, 2018 (45:21 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective August 27, 2007 (34:17 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective October 22, 2018 (45:21 Md. R. 976)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 13A.05.04.06 cited in Attorney General Opinion No. 87-057 (December 9, 1987)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective May 25, 2026 (53:10 Md. R. 455)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective May 25, 2026 (53:10 Md. R. 455)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective May 25, 2026 (53:10 Md. R. 455)</annotation> </annotations> </chapter> <chapter num="05" heading="Programs of Pupil Services"> <regulation prefix="Regulation" num=".01" heading="General Requirements."> <paragraph num="A."> <text>Each local school system shall provide a coordinated program of pupil services for all students which shall include but not be limited to:</text> <paragraph num="(1)"> <text>School counseling;</text> </paragraph> <paragraph num="(2)"> <text>Pupil personnel;</text> </paragraph> <paragraph num="(3)"> <text>School psychology; and</text> </paragraph> <paragraph num="(4)"> <text>Health services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Pupil Services Program shall focus on the health, personal, interpersonal, academic, and career development of students.</text> </paragraph> <paragraph num="C."> <text>Each local school system shall develop and implement a plan to determine the Pupil Services Program needs of students.</text> </paragraph> <paragraph num="D."> <text>Each local school system shall define, develop, implement, and evaluate its Pupil Services Program. The Pupil Services Program may:</text> <paragraph num="(1)"> <text>Use preventive and remedial approaches to meet student needs; and</text> </paragraph> <paragraph num="(2)"> <text>Include alternative and supplemental programs for students at risk.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Each local school system shall provide a Pupil Services Program Manual and a School Counseling Program Manual for the elementary and secondary schools under its jurisdiction. The following apply:</text> <paragraph num="(1)"> <text>The Pupil Services Program Manual shall include:</text> <paragraph num="(a)"> <text>The objectives of the Pupil Services Program set forth in §§A—E;</text> </paragraph> <paragraph num="(b)"> <text>A pupil services philosophy;</text> </paragraph> <paragraph num="(c)"> <text>Local goals and subgoals related to each of the goals established as part of the Pupil Services Program;</text> </paragraph> <paragraph num="(d)"> <text>Procedures;</text> </paragraph> <paragraph num="(e)"> <text>Program activities; and</text> </paragraph> <paragraph num="(f)"> <text>A procedure for an annual evaluation of the Pupil Services Program;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The School Counseling Program Manual shall include:</text> <paragraph num="(a)"> <text>Measurable student performance objectives that relate to each of the goals and subgoals established as part of the School Counseling Program in Regulation .02B of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>A procedure for an annual evaluation of the extent to which student performance objectives are being attained.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The following procedures shall apply to the certification and program services:</text> <paragraph num="(1)"> <text>Certification. By September 1, 1988, each local superintendent of schools shall certify to the State Superintendent of Schools that the Pupil Services Program meets, at a minimum, the requirements set forth in this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Program Reviews.</text> <paragraph num="(a)"> <text>The State Department of Education shall implement a procedure for conducting periodic reviews of local school system Pupil Services Programs by September 1, 1988.</text> </paragraph> <paragraph num="(b)"> <text>The purpose of the reviews is to identify, on a regular basis, the program and professional development needs that exist in pupil services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Individuals providing services to students in the coordinated program of Pupil Services shall meet the State Certification requirements set forth in COMAR 13A.12.03, except nurses who shall meet the requirements set forth in Health Occupations Article, Title 8, Subtitle 3, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="School Counseling Program."> <paragraph num="A."> <text>The School Counseling Program is a coordinated data driven program of counseling, consulting, and informational services for students in grades K—12 that:</text> <paragraph num="(1)"> <text>Promotes student academic success and well-being;</text> </paragraph> <paragraph num="(2)"> <text>Enhances awareness of mental health and promotes positive, healthy behaviors;</text> </paragraph> <paragraph num="(3)"> <text>Provides school-based prevention and universal and targeted interventions for students with mental health and behavioral health concerns;</text> </paragraph> <paragraph num="(4)"> <text>Is comprehensive in scope, preventative in design, and developmental in nature;</text> </paragraph> <paragraph num="(5)"> <text>Is aligned with school system goals and objectives;</text> </paragraph> <paragraph num="(6)"> <text>Is an integral component of the school’s program and mission;</text> </paragraph> <paragraph num="(7)"> <text>Promotes systemic change through the use of leadership skills, advocacy, and collaboration;</text> </paragraph> <paragraph num="(8)"> <text>Promotes student achievement;</text> </paragraph> <paragraph num="(9)"> <text>Provides equitable access to a rigorous education for all students;</text> </paragraph> <paragraph num="(10)"> <text>Provides students with individual and group planning addressing academic, career, and social/emotional needs;</text> </paragraph> <paragraph num="(11)"> <text>Identifies the knowledge and skills all students will acquire to promote college and career readiness;</text> </paragraph> <paragraph num="(12)"> <text>Is delivered to all students in a systemic fashion;</text> </paragraph> <paragraph num="(13)"> <text>Addresses the needs of the whole child so that each student has the opportunity to be healthy, safe, engaged, supported, and challenged for long-term success;</text> </paragraph> <paragraph num="(14)"> <text>Is monitored and reviewed through accountability systems; and</text> </paragraph> <paragraph num="(15)"> <text>Is provided by a State-credentialed school counselor as defined in COMAR 13A.12.03.02.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The school counseling program shall be formed around the following components:</text> <paragraph num="(1)"> <text>Foundation components, including:</text> <paragraph num="(a)"> <text>Program focus;</text> </paragraph> <paragraph num="(b)"> <text>Student competencies; and</text> </paragraph> <paragraph num="(c)"> <text>Professional competencies;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Management components, including, but not limited to:</text> <paragraph num="(a)"> <text>School counselor competency and school counseling program assessments;</text> </paragraph> <paragraph num="(b)"> <text>Annual agreements or annual plan;</text> </paragraph> <paragraph num="(c)"> <text>Advisory councils;</text> </paragraph> <paragraph num="(d)"> <text>Use of data to measure program implementation and outcomes to promote systemic change such as use of time assessments, calendars, and student academic measures; and</text> </paragraph> <paragraph num="(e)"> <text>Curriculum, small group, and closing the gap action plans;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Delivery components, including direct and indirect services to students that focus on students’ academic, career, and social/emotional needs, as follows:</text> <paragraph num="(a)"> <text>Direct services, recommended to be 80 percent of school counselor services, are services between school counselors and students that are in person or virtual interactions that include, but are not limited to:</text> <paragraph num="(i)"> <text>School counseling core curriculum;</text> </paragraph> <paragraph num="(ii)"> <text>Individual student planning; and</text> </paragraph> <paragraph num="(iii)"> <text>Responsive services; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Indirect services, recommended to be 20 percent of school counselor services, are services for students that result from the school counselor’s interactions with others that include, but are not limited to:</text> <paragraph num="(i)"> <text>Referrals for assistance;</text> </paragraph> <paragraph num="(ii)"> <text>Consultation and collaboration with families, teachers and other educators, community organizations, and other stakeholders;</text> </paragraph> <paragraph num="(iii)"> <text>Participation as members of the educational team; and</text> </paragraph> <paragraph num="(iv)"> <text>Other activities that fall in line with the appropriate duties of a school counselor as detailed in this regulation; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Accountability components, including the use of school counseling program data to demonstrate the impact of the school counseling program on students and the school in measureable terms that include, but are not limited to:</text> <paragraph num="(a)"> <text>Student attendance data;</text> </paragraph> <paragraph num="(b)"> <text>Student achievement data; and</text> </paragraph> <paragraph num="(c)"> <text>Student behavior data.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>School counseling services shall be aligned with the following domains:</text> <paragraph num="(1)"> <text>Academic development intended to help students:</text> <paragraph num="(a)"> <text>Acquire the attitudes, knowledge, and skills that contribute to effective learning in school and across their life span;</text> </paragraph> <paragraph num="(b)"> <text>Complete school with the academic preparation essential to choose from a wide range of substantial post-secondary options, including college; and</text> </paragraph> <paragraph num="(c)"> <text>Understand the relationship of academics to the world of work and to life at home and in the community;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Career development intended to help students:</text> <paragraph num="(a)"> <text>Acquire the skills to investigate the world of work in relation to their knowledge of self in order to make informed career decisions;</text> </paragraph> <paragraph num="(b)"> <text>Employ strategies to achieve future career goals with success and satisfaction; and</text> </paragraph> <paragraph num="(c)"> <text>Understand the relationship between personal qualities, education, training, and the world of work; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Social/emotional development intended to help students:</text> <paragraph num="(a)"> <text>Acquire the knowledge, attitudes, and interpersonal skills to help them understand and respect self and others;</text> </paragraph> <paragraph num="(b)"> <text>Make decisions, set goals, and take the necessary action to achieve goals; and</text> </paragraph> <paragraph num="(c)"> <text>Understand safety and survival skills.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pupil Personnel Program."> <paragraph num="A."> <text>The Pupil Personnel Program is a systematic approach to programs and services that use the resources of the home, school, and community to enhance the social adjustment of students. These programs are designed to address a student's academic, personal, and physical needs by providing comprehensive casework management.</text> </paragraph> <paragraph num="B."> <text>Pupil Personnel Program interventions to meet a student's needs may include:</text> <paragraph num="(1)"> <text>Consultation with school staff and parents;</text> </paragraph> <paragraph num="(2)"> <text>Assumption of a liaison role between home, school, and community;</text> </paragraph> <paragraph num="(3)"> <text>Home visits;</text> </paragraph> <paragraph num="(4)"> <text>Evaluation of social and educational adjustment; and</text> </paragraph> <paragraph num="(5)"> <text>Assistance with the implementation of laws and regulations pertaining to rights and responsibilities of students.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Pupil Personnel Program shall encompass the following goals and subgoals:</text> <paragraph num="(1)"> <text>Assist in optimal health development so that the student will:</text> <paragraph num="(a)"> <text>Identify health problems that are interfering with academic achievement,</text> </paragraph> <paragraph num="(b)"> <text>Be aware of appropriate community agencies and organizations that provide health care and services,</text> </paragraph> <paragraph num="(c)"> <text>Be provided assistance in obtaining basic physical and personal health care needs,</text> </paragraph> <paragraph num="(d)"> <text>Understand the effect of appropriate nutritional habits and instruction in the home, school, and community,</text> </paragraph> <paragraph num="(e)"> <text>Participate as needed in programs designed to prevent or remediate potential health problems (that is, parenting education, drug and alcohol abuse),</text> </paragraph> <paragraph num="(f)"> <text>Understand the importance of good safety habits in the home, school, and community,</text> </paragraph> <paragraph num="(g)"> <text>Understand rights and appropriate responsibilities as related to health, and</text> </paragraph> <paragraph num="(h)"> <text>Have a greater awareness and understanding of physical development;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Assist in optimal personal development so that the student will:</text> <paragraph num="(a)"> <text>Develop the ability to recognize and solve problems in the home, school, and community,</text> </paragraph> <paragraph num="(b)"> <text>Articulate personal feelings and attitudes on the values and beliefs that are characteristic of a democratic society,</text> </paragraph> <paragraph num="(c)"> <text>Understand an individual's rights and responsibilities in the home, school, and community,</text> </paragraph> <paragraph num="(d)"> <text>Identify unique talents, interests, academic skills, and personality traits that lead to more positive contributions in the home, school, and community, and</text> </paragraph> <paragraph num="(e)"> <text>Be aware of appropriate community agencies and organizations that assist in developing coping skills and improving self-esteem;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Assist in optimal interpersonal development so that the student will:</text> <paragraph num="(a)"> <text>Assume responsibility and accountability for behavior in relation to others in the home, school, and community,</text> </paragraph> <paragraph num="(b)"> <text>Be aware of school and community resources and services that help remediate behavioral adjustment problems,</text> </paragraph> <paragraph num="(c)"> <text>Demonstrate effective communication skills in the home, school, and community,</text> </paragraph> <paragraph num="(d)"> <text>Understand the student's rights and responsibilities in relation to the home, school, and community,</text> </paragraph> <paragraph num="(e)"> <text>Demonstrate effective group participation and leadership skills, and</text> </paragraph> <paragraph num="(f)"> <text>Participate as needed in educational programs that improve behavior and reduce truancy and substance abuse;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Assist in optimal academic development so that the student will:</text> <paragraph num="(a)"> <text>Develop a greater understanding and awareness of academic strengths and weaknesses,</text> </paragraph> <paragraph num="(b)"> <text>Attend school and all classes regularly,</text> </paragraph> <paragraph num="(c)"> <text>Understand the right to a free and appropriate education as well as responsibilities as prescribed in school policy and procedure,</text> </paragraph> <paragraph num="(d)"> <text>Be provided appropriate services and resources in the school and community to ensure a more positive educational adjustment,</text> </paragraph> <paragraph num="(e)"> <text>Demonstrate effective study skills,</text> </paragraph> <paragraph num="(f)"> <text>Demonstrate appropriate behavior in the school, and</text> </paragraph> <paragraph num="(g)"> <text>Demonstrate academic decision-making skills that enhance current and future contributions of the student to the home, school, and community;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Assist in optimal career development so that the student will:</text> <paragraph num="(a)"> <text>Understand aptitudes, interests, and talents as they apply to future career decision making,</text> </paragraph> <paragraph num="(b)"> <text>Have access as needed to appropriate educational and vocational training programs,</text> </paragraph> <paragraph num="(c)"> <text>Be aware of appropriate public and private agencies and organizations that provide resources, services, or training for career development and employment skills, and</text> </paragraph> <paragraph num="(d)"> <text>Be aware of the consequences of, and alternatives to, leaving the educational system before graduation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="School Psychology Program."> <paragraph num="A."> <text>The School Psychology Program is a comprehensive and integrated continuum of services and activities regarding the delivery of school psychological services. The goal of the program is to provide direct educational, behavioral, and mental health services for children and youth, as well as work with families, school administrators, educators, and other professionals to create supportive learning and social environments for all students.</text> </paragraph> <paragraph num="B."> <text>To meet a student’s needs, the School Psychology Program shall provide services and interventions across the following domains of practice:</text> <paragraph num="(1)"> <text>Data-based decision making and accountability that use varied models and methods of assessment and data collection to:</text> <paragraph num="(a)"> <text>Identify strengths and needs;</text> </paragraph> <paragraph num="(b)"> <text>Develop effective services and programs; and</text> </paragraph> <paragraph num="(c)"> <text>Measure progress and outcomes;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Consultation and collaboration that use varied models and strategies of consultation and communication applicable to individuals, families, groups, and systems, and methods to promote effective implementation of services;</text> </paragraph> <paragraph num="(3)"> <text>To develop cognitive and academic strengths, interventions and instructional support that apply knowledge of biological, cultural, and social influences to:</text> <paragraph num="(a)"> <text>Academic skills;</text> </paragraph> <paragraph num="(b)"> <text>Human learning;</text> </paragraph> <paragraph num="(c)"> <text>Cognitive and developmental processes; and</text> </paragraph> <paragraph num="(d)"> <text>Evidence-based curricula and instructional strategies;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To develop social and life skills, interventions and mental health services that use:</text> <paragraph num="(a)"> <text>Knowledge of biological, cultural, developmental, and social influences on behavior and mental health;</text> </paragraph> <paragraph num="(b)"> <text>Behavioral and emotional impacts on learning and life skills; and</text> </paragraph> <paragraph num="(c)"> <text>Evidence-based strategies to promote social/emotional functioning and mental health;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Schoolwide practices to promote learning and mental health that use:</text> <paragraph num="(a)"> <text>School and school system structure, organization, and theory;</text> </paragraph> <paragraph num="(b)"> <text>General and special education;</text> </paragraph> <paragraph num="(c)"> <text>Technology resources; and</text> </paragraph> <paragraph num="(d)"> <text>Evidence-based school practices that promote learning and mental health;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Preventive and responsive services that use:</text> <paragraph num="(a)"> <text>Principles and research related to resilience and risk factors in learning and mental health;</text> </paragraph> <paragraph num="(b)"> <text>Services in schools and communities to support multi-tiered prevention; and</text> </paragraph> <paragraph num="(c)"> <text>Evidence-based strategies for effective crisis response;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Family-school collaboration services that use:</text> <paragraph num="(a)"> <text>Principles and research related to family systems, strengths, needs, and culture;</text> </paragraph> <paragraph num="(b)"> <text>Evidence-based strategies to support family influences on children’s learning and mental health; and</text> </paragraph> <paragraph num="(c)"> <text>Strategies to develop collaboration between families and schools;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Development and learning to enhance services and address potential influences related to diversity by using:</text> <paragraph num="(a)"> <text>Individual differences, abilities, disabilities, and other diverse student characteristics;</text> </paragraph> <paragraph num="(b)"> <text>Principles and research related to diversity factors for children, families, and schools, including factors related to culture, context, and individual and role differences; and</text> </paragraph> <paragraph num="(c)"> <text>Evidence-based strategies;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Research and program evaluation that use research design, statistics, measurement, and varied data collection and analysis techniques and program evaluation sufficient for understanding research and interpreting data in applied settings; and</text> </paragraph> <paragraph num="(10)"> <text>Legal, ethical, and professional practice that use:</text> <paragraph num="(a)"> <text>History and foundations of school psychology;</text> </paragraph> <paragraph num="(b)"> <text>Multiple service models and methods;</text> </paragraph> <paragraph num="(c)"> <text>Ethical, legal, and professional standards; and</text> </paragraph> <paragraph num="(d)"> <text>Other factors related to professional identity and effective practice of school psychology.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The School Psychology Program shall encompass the following goals to meet a student’s needs:</text> <paragraph num="(1)"> <text>Improve academic engagement and achievement by working with educators and families to:</text> <paragraph num="(a)"> <text>Identify and mitigate barriers to learning, such as disabilities, mental or physical health problems, or social, cultural, language, or family issues;</text> </paragraph> <paragraph num="(b)"> <text>Implement appropriate academic interventions by monitoring the effectiveness of academic interventions, developing student organizational skills, and promoting the use of learning strategies; and</text> </paragraph> <paragraph num="(c)"> <text>Implement appropriate social/emotional and behavioral strategies such as those that are designed to improve attention, strengthen motivation, and promote student problem solving;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Facilitate effective instruction that meets the individual needs of diverse learners by consulting with educators to:</text> <paragraph num="(a)"> <text>Individualize instructions;</text> </paragraph> <paragraph num="(b)"> <text>Manage classroom behavior;</text> </paragraph> <paragraph num="(c)"> <text>Monitor student progress; and</text> </paragraph> <paragraph num="(d)"> <text>Evaluate classroom data;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Support positive behavior and socially successful students by providing services that promote a student’s:</text> <paragraph num="(a)"> <text>Communication skills;</text> </paragraph> <paragraph num="(b)"> <text>Social skills;</text> </paragraph> <paragraph num="(c)"> <text>Problem-solving skills;</text> </paragraph> <paragraph num="(d)"> <text>Anger management skills;</text> </paragraph> <paragraph num="(e)"> <text>Conflict resolution skills;</text> </paragraph> <paragraph num="(f)"> <text>Self-regulation;</text> </paragraph> <paragraph num="(g)"> <text>Self-determination;</text> </paragraph> <paragraph num="(h)"> <text>Resilience; and</text> </paragraph> <paragraph num="(i)"> <text>Optimism;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Support positive behavior and socially successful students by consulting with teachers and administrators on:</text> <paragraph num="(a)"> <text>Classroom strategies;</text> </paragraph> <paragraph num="(b)"> <text>Programs promoting positive peer relationships and social problem solving;</text> </paragraph> <paragraph num="(c)"> <text>Schoolwide positive behavior interventions and supports;</text> </paragraph> <paragraph num="(d)"> <text>Use of effective discipline policies and practices; and</text> </paragraph> <paragraph num="(e)"> <text>Programs to promote student wellness and reduce risk-taking;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Support diverse learners by working with teachers and other school staff to:</text> <paragraph num="(a)"> <text>Assess learning and behavior needs and distinguish between issues related to family, culture, or language and a learning style or disability;</text> </paragraph> <paragraph num="(b)"> <text>Plan appropriate individualized education programs for students with disabilities;</text> </paragraph> <paragraph num="(c)"> <text>Modify and adapt curricula and instruction;</text> </paragraph> <paragraph num="(d)"> <text>Adjust classroom facilities and routines to promote greater student engagement;</text> </paragraph> <paragraph num="(e)"> <text>Promote positive relationships among all students;</text> </paragraph> <paragraph num="(f)"> <text>Monitor and effectively communicate with parents about student progress; and</text> </paragraph> <paragraph num="(g)"> <text>Coordinate links to community services;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Create safe, positive school climates by providing expertise to school leadership in:</text> <paragraph num="(a)"> <text>Data collection and analysis;</text> </paragraph> <paragraph num="(b)"> <text>Social/emotional learning;</text> </paragraph> <paragraph num="(c)"> <text>Child development and behavior;</text> </paragraph> <paragraph num="(d)"> <text>Violence prevention;</text> </paragraph> <paragraph num="(e)"> <text>Crisis and trauma prevention and response; and</text> </paragraph> <paragraph num="(f)"> <text>School-family-community collaboration;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Strengthen school-family-community partnerships by:</text> <paragraph num="(a)"> <text>Working with teachers and other school staff to enhance their understanding and acceptance of diverse cultures and backgrounds and to promote culturally responsive schools; and</text> </paragraph> <paragraph num="(b)"> <text>Providing specific support to help families:</text> <paragraph num="(i)"> <text>Understand and support their child’s learning and mental health needs;</text> </paragraph> <paragraph num="(ii)"> <text>Navigate the special education process;</text> </paragraph> <paragraph num="(iii)"> <text>Connect with community service providers when necessary;</text> </paragraph> <paragraph num="(iv)"> <text>Engage effectively with teachers and other school staff; and</text> </paragraph> <paragraph num="(v)"> <text>Reinforce the school-family-community partnership; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>Improve assessment and accountability by helping school leaders and teachers to:</text> <paragraph num="(a)"> <text>Generate and interpret student outcome data; and</text> </paragraph> <paragraph num="(b)"> <text>Make decisions regarding programs and interventions in the district, building, classroom, and individual student levels.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="School Health Services Standards — Introductions."> <text>In accordance with Education Article, §7-401, Annotated Code of Maryland, the Department of Education and the Maryland Department of Health have developed jointly public standards and guidelines for school health programs. The law further provides that the Department of Education and the Maryland Department of Health shall offer assistance to the local boards of education and local health departments in the implementation of these standards.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="School Health Services Standards — Definitions."> <paragraph num="A."> <text>In Regulations .05—.15, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Communicable disease control” means the prevention, investigation, limitation, and eradication of diseases caused by infectious agents and usually spread from person to person.</text> </paragraph> <paragraph num="(2)"> <text>“Designated school health services professional” means a physician, certified nurse practitioner, or registered nurse, or all of these, with experience or special training, or both, in working with children and families in community or school health programs and practices in accordance with the current medical and nursing standards of care.</text> </paragraph> <paragraph num="(3)"> <text>“Follow-up” means the process of ascertaining if the recommended services have been obtained and evaluating the outcomes to determine if additional referrals are necessary.</text> </paragraph> <paragraph num="(4)"> <text>“Health appraisal” means the process by which a designated school health services professional identifies health problems that may interfere with learning.</text> </paragraph> <paragraph num="(5)"> <text>“Health counseling” means a service which provides opportunities for students and parents/guardians to explore options, make decisions, and receive support for understanding and adjusting to or coping with their health problems.</text> </paragraph> <paragraph num="(6)"> <text>“Nursing care plan” means the course of action to be used by the nurse to meet the health needs of a student.</text> </paragraph> <paragraph num="(7)"> <text>“Physical education” means the component of the school program that seeks, basically through the medium of physical activities, to improve each individual's physical fitness, motor skills, knowledge and appreciation of physical activities, and social competencies.</text> </paragraph> <paragraph num="(8)"> <text>“Referral” means the process of helping a student or family obtain additional or comprehensive services, or both, and information.</text> </paragraph> <paragraph num="(9)"> <text>“School health services aide” means an unlicensed person who functions under the supervision of a designated school health services professional. The designated school health professional shall determine the required degree of supervision on an individual basis. A school health services aide, at a minimum, shall be certified in cardiopulmonary resuscitation annually and a basic first aid course every 3 years.</text> </paragraph> <paragraph num="(10)"> <text>“Screening” means a procedure to identify students who are at risk of having a health problem.</text> </paragraph> <paragraph num="(11)"> <text>“Special health needs” means temporary or long-term health problems arising from physical, emotional, or social factors or any combination of these. The student with special health needs may or may not be enrolled in a special education program.</text> </paragraph> <paragraph num="(12)"> <text>“Staff development” means the process of both formal and informal acquisition by staff of further knowledge, skills, and attitudes needed to perform assigned functions.</text> </paragraph> <paragraph num="(13)"> <text>“Supervision” means the process of critically watching, directing, and evaluating another's performance.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="School Health Services Standards — For All Students."> <paragraph num="A."> <text>Physical Examination.</text> <paragraph num="(1)"> <text>A physical examination is required of each child entering the Maryland public school system for the first time. The examination shall be completed within the period of 9 months before entrance or 6 months after entrance. The physical examination form designated by the Department of Education and the Maryland Department of Health shall be used to meet this requirement.</text> </paragraph> <paragraph num="(2)"> <text>The physical examination shall be completed by a physician or certified nurse practitioner.</text> </paragraph> <paragraph num="(3)"> <text>For each school year each public school shall report to the local board of education or local health department the number of children entering the public school system for the first time who have not had a physical examination because of the lack of access to health care, insufficient financial resources, or any other reason, including a religious reason, as the public school deems appropriate.</text> </paragraph> <paragraph num="(4)"> <text>An effort should be made to facilitate students and their families in obtaining a physical examination. However, if a student is unable to obtain a physical examination, the student may not be excluded from school.</text> </paragraph> <paragraph num="(5)"> <text>For each school year the local board of education or local health department shall report the number of children who have not had a physical examination and the reason or reasons for not obtaining the physical examination to the Maryland Department of Health.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Review of Students' Health Records. The initial review of students' health records may be conducted by the designated school health professional or a school health services aide. The review of records shall include a review of the student's health history, health screening reports, physical examination form as designated by the Department of Education and the Maryland Department of Health, dental examination records, and other health reports. During the record review, the designated school health services professional or school health services aide shall document whether the student has a primary care provider. Students with health problems or concerns identified during the initial review of records by the school health services aide shall be referred to the designated school health services professional for a health appraisal.</text> </paragraph> <paragraph num="C."> <text>Health Appraisal. A health appraisal for students identified through the review of records as having health problems or concerns shall be conducted by the designated school health services professional. The health appraisal may include health observations, interviews, and conferences with parents/guardians, students, educators, and other health professionals. Health appraisals shall be conducted as follows:</text> <paragraph num="(1)"> <text>The health appraisal shall take place not later than 6 months after the date of entry to a school system and after that as indicated in §C(2), of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The health appraisal of students with identified health problems shall be repeated as frequently as deemed necessary by the designated school health services professional.</text> </paragraph> <paragraph num="(3)"> <text>Screening of students shall be carried out according to mandated or recommended screening programs established by the Department of Education and the Maryland Department of Health. These shall include:</text> <paragraph num="(a)"> <text>Hearing and Vision Screening Tests. The local board of education or local health department shall provide and fund hearing and vision screenings for all students in the public schools. The local health department shall provide and fund hearing and vision screenings for all students in any private school that has received a certificate of approval under Education Article, §2-206, Annotated Code of Maryland, and students in any nonpublic educational facility in this State approved as a special education facility by the Department.</text> </paragraph> <paragraph num="(b)"> <text>Unless evidence is presented that a student has been tested within the past year, these hearing and vision screenings shall be given in the years that a student enters a school system, enters the first grade, and enters the eighth, or ninth grade. Additional screenings may be required under the policies adopted by the local board of education or local health department.</text> </paragraph> <paragraph num="(c)"> <text>The results of the hearing and vision screenings shall be made a part of the permanent record file of each student and given to the parents of any student who fails the screenings and reported to the local board of education or the local health department. If a student fails the screenings, the parent/guardian shall report on the recommended services received by the student to the local board of education or local health department on an approved form.</text> </paragraph> <paragraph num="(d)"> <text>The local board of education or local health department shall report to the Maryland Department of Health the results of the hearing and vision screenings and, to the extent practicable, the number of students receiving the recommended services.</text> </paragraph> <paragraph num="(e)"> <text>Students may be exempt from these hearing and vision screenings if the parent/guardian objects in writing on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which the parent/guardian is a member.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>When a health problem has been identified through the health appraisal process, the designated school health services professional or designee shall notify and assist students, or parents/guardians, or both, in selecting recommended services.</text> </paragraph> <paragraph num="(5)"> <text>For students without a usual source of care, the designated school health services professional or designee shall assist the student/family to identify a primary care provider.</text> </paragraph> <paragraph num="(6)"> <text>The designated school health services professional shall be responsible for follow-up.</text> </paragraph> <paragraph num="(7)"> <text>The designated school health services professional or the school health services aide shall inform appropriate school personnel of students who have health problems which may impede learning or require special care, or both.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Health Counseling.</text> <paragraph num="(1)"> <text>The designated school health services professional shall offer health counseling after the identification of a health need.</text> </paragraph> <paragraph num="(2)"> <text>If any additional counseling services are required, the designated school health services professional shall assist students and families in selecting the additional counseling services.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Communicable Diseases.</text> <paragraph num="(1)"> <text>A school shall comply with the Maryland Department of Health's immunization requirements in accordance with COMAR 10.06.04.</text> </paragraph> <paragraph num="(2)"> <text>The principal or the principal's designee shall notify the local health department of all suspected or diagnosed cases of reportable communicable diseases in compliance with Health-General Article, Title 18, Annotated Code of Maryland. The local health department shall assist the local board of education in implementing a plan for preventing the spread of the reported disease.</text> </paragraph> <paragraph num="(3)"> <text>The local health department and the local board of education, following State guidelines, shall jointly develop written policies and procedures for dealing locally with outbreaks of nonreportable communicable diseases such as scabies, pediculosis, and athlete's foot.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Physical Education Program.</text> <paragraph num="(1)"> <text>The designated school health services professional shall be available for consultation in planning, implementing, and evaluating those aspects of the physical education program which specifically relate to the health and safety of the participants.</text> </paragraph> <paragraph num="(2)"> <text>Before participating in interscholastic sports, students shall have a physical examination in compliance with COMAR 13A.06.03.02I. A copy of the results of the physical examination shall be kept in the school health record.</text> </paragraph> <paragraph num="(3)"> <text>In compliance with COMAR 13A.06.03.04B(3), all coaches shall be required to enroll and complete a one-credit course in the prevention and care of athletic injuries.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="School Health Services Standards — For All Students with Special Health Needs."> <paragraph num="A."> <text>A local board of education, in conjunction with the local health department, shall formulate written policies ensuring the provision of school health services to students with special health needs.</text> </paragraph> <paragraph num="B."> <text>A student with special health needs that may require particular attention during the school day shall have a statement of those health needs and a nursing care plan for emergency and routine care prepared by the designated school health services professional.</text> </paragraph> <paragraph num="C."> <text>The designated school health services professional shall make appropriate school personnel aware of the students in the school who have special health needs that may require intervention during the school day.</text> </paragraph> <paragraph num="D."> <text>The principal, in consultation with the designated school health services professional, shall identify school personnel who shall receive in-service training in providing the recommended services for students with special health needs.</text> </paragraph> <paragraph num="E."> <text>A designated school health services professional may serve on all levels of the pupil services team and the admissions, review, and dismissal committees and participate, when appropriate, in the health services component of the Individualized Education Plan (IEP), the Individualized Family Service Plan (IFSP), or the Transitional Plan or any combination of these (COMAR 13A.05.01).</text> </paragraph> <paragraph num="F."> <text>A local board of education, in conjunction with the local health department, shall formulate written policies regarding storage and administration of medication during school hours and during school-sponsored activities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="School Health Services Standards — Emergency Services."> <paragraph num="A."> <text>Personnel Qualifications. At least one adult in each school, other than the designated school health services professional and the school health services aide, shall be currently certified both in the First Aid Program of the American National Red Cross or its equivalent, and in adult or pediatric cardiopulmonary resuscitation (CPR), or both. One certified person shall be available on site during the regular school day and at all school-sponsored athletic events.</text> </paragraph> <paragraph num="B."> <text>Emergency Care Procedures.</text> <paragraph num="(1)"> <text>A guide for emergency care management shall be developed and distributed by the local health department and the local board of education to each school, and copies shall be placed in multiple locations.</text> </paragraph> <paragraph num="(2)"> <text>An emergency information card shall be maintained for each student, and shall be updated at least annually.</text> </paragraph> <paragraph num="(3)"> <text>Emergency evacuation plans shall be developed in consultation with the fire department, and shall include provisions for physically handicapped students and students with other special health needs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="School Health Services Standards — Health Facilities."> <paragraph num="A."> <text>Health Suite.</text> <paragraph num="(1)"> <text>School buildings constructed or renovated and occupied after January 1, 1993 shall provide a handicapped-accessible space that, at a minimum, includes space for waiting, examination and treatment, storage, and resting. There shall be a separate room for private consultation and for use as a designated school health services professional's office. Toilets, a lavatory, and a telephone shall be in the health suite. Locked file cabinets shall be available for storing health records and for medications.</text> </paragraph> <paragraph num="(2)"> <text>Schools occupied before January 1, 1993 shall provide space for use as the designated school health professional's office and shall meet the standards in §A(1), above, to the maximum extent possible. At a minimum, a lavatory and a telephone shall be easily accessible. Locked file cabinets shall be available for storing health records and for medications.</text> </paragraph> <paragraph num="(3)"> <text>A designated school health services professional shall be involved at the local level in the planning of health areas in new schools and in the modernization of old schools. A designated school health services professional at the State level shall be available as necessary for consultation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Screening Facilities.</text> <paragraph num="(1)"> <text>A room shall be provided for hearing screening tests. This room shall meet the following criteria:</text> <paragraph num="(a)"> <text>The screening room shall be as quiet as possible;</text> </paragraph> <paragraph num="(b)"> <text>Areas near fans or air conditioners, hall traffic, playground or street traffic, group activities, bathrooms, lunchrooms, office equipment, refrigerators, or snack machines shall be avoided;</text> </paragraph> <paragraph num="(c)"> <text>Excess noise, such as talking, paper shuffling, and moving furniture, shall be avoided;</text> </paragraph> <paragraph num="(d)"> <text>The room shall be uncluttered and free of visual distractions.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Space and lighting requirements for the specific vision test used shall be made available.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="School Health Services Standards — Staff Development."> <text>The local board of education and local health department shall jointly develop and annually implement an in-service training plan that includes:</text> <paragraph num="A."> <text>Orientation to the school health services program for all school personnel;</text> </paragraph> <paragraph num="B."> <text>Training in the care and prevention of athletic injuries for all coaches;</text> </paragraph> <paragraph num="C."> <text>Training in first aid and cardiopulmonary resuscitation (CPR) for school personnel; and</text> </paragraph> <paragraph num="D."> <text>Specific health programs required by federal, State, and local law for designated school health professionals.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="School Health Services Standards — Dissemination of School Health Services Information."> <text>At the beginning of each school year, all parents/guardians and students shall be informed of the school health services program. The information shall include but not be limited to staffing, emergency care, medications, and communicable diseases, and be specific to that school's health services program. The information shall be updated as necessary.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="School Health Services Standards — Implementation and Coordination."> <paragraph num="A."> <text>The local school superintendent and the local health officer shall jointly require the development of a local school health council with assistance by the Maryland State School Health Council.</text> </paragraph> <paragraph num="B."> <text>The local school superintendent and the local health officer shall be jointly responsible for the implementation of Regulations .05—.15 of this chapter.</text> </paragraph> <paragraph num="C."> <text>When medical direction is necessary, the designated school health services professional shall work in collaboration with the local health officer or the health officer's designee.</text> </paragraph> <paragraph num="D."> <text>The designated school health services professional, other than the physician, and the school health services aide shall receive nursing direction from a registered nurse employed by either the local health department or the local board of education.</text> </paragraph> <paragraph num="E."> <text>Health services provided in school shall be coordinated with other health services within the community.</text> </paragraph> <paragraph num="F."> <text>By September 1, 1992, the local school superintendent and local health officer shall submit to the State Superintendent of Schools a status report of the implementation of Regulations .05—.15 of this chapter.</text> </paragraph> <paragraph num="G."> <text>By September 1, 1995, the local school superintendent and local health officer shall certify that Regulations .05—.15 of this chapter are being implemented. Annually after that, the local school superintendent and local health officer shall certify to the Department of Education and the Maryland Department of Health that the school health services program which meets Regulations .05—.15 of this chapter is being implemented.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="School Health Services Standards — Monitoring and Evaluation."> <text>The Department of Education and the Maryland Department of Health shall jointly develop, in collaboration with local boards of education and local health departments, a monitoring and evaluation component for school health programs that may include on-site reviews.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="School Health Services Standards — Confidentiality and Consent."> <text>Issues of parental consent and confidentiality shall be administered in accordance with Health-General Article, §20-102, Annotated Code of Maryland, and COMAR 13A.08.02.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(b) and (c), 7-401—7-404, 7-409, and 7-426, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1985 (12:13 Md. R. 1281)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 amended effective February 23, 1987 (14:4 Md. R. 419)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03—.05 adopted effective February 23, 1987 (14:4 Md. R. 419)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective July 29, 2019 (46:15 Md. R. 655)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed and new Regulation .04 adopted effective July 29, 2019 (46:15 Md. R. 655)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective May 13, 1991 (18:9 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06—.15 adopted effective May 13, 1991 (18:9 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective June 28, 2010 (37:13 Md. R. 853)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective June 28, 2010 (37:13 Md. R. 853)</annotation> </annotations> </chapter> <chapter num="06" heading="Programs for Migrant Education"> <regulation prefix="Regulation" num=".01" heading="Programs for Migrant Education."> <text>Federal (Title I) Migrant Education Program funds to meet the special educational needs of migratory children of migratory agricultural workers or migratory fishers shall be administered by the State Department of Education pursuant to federal law, 20 U.S.C. §2701, and the implementing federal regulations, 34 CFR Part 200, Subpart C, which are hereby incorporated by reference. Applications for subgrants shall be filed with the Assistant Superintendent, Division of Student and School Services.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §5-206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 15, 1989 (15:27 Md. R. 3135)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective August 31, 1992 (19:17 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 9, 2000 (26:27 Md. R. 2016)</annotation> </annotations> </chapter> <chapter num="07" heading="Programs for Multilingual Learners"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations pertain to all programs for multilingual learners (MLs) that provide instructional assistance and services to enable MLs to attain English Proficiency, develop high levels of academic language, and achieve at high levels in academic subjects so that all MLs can meet the same challenging Maryland College and Career Ready Standards that all students are expected to meet.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Maryland Home Language Survey” means one or more Department-approved questions posed to all parents and students upon entering a local school system in order to determine the language or languages spoken in the home.</text> </paragraph> <paragraph num="(2)"> <text>“Multilingual learner (ML)” has the same meaning as “English learner” as defined in 20 U.S.C. §7801(20).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Programs for Multilingual Learners."> <paragraph num="A."> <text>Each local school system shall establish an English language development program for those students who have been identified as MLs by:</text> <paragraph num="(1)"> <text>The Maryland Home Language Survey; and</text> </paragraph> <paragraph num="(2)"> <text>The Department-approved English language proficiency placement assessment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The English language development programs shall contain the following components:</text> <paragraph num="(1)"> <text>Goals;</text> </paragraph> <paragraph num="(2)"> <text>Student identification;</text> </paragraph> <paragraph num="(3)"> <text>Student placement;</text> </paragraph> <paragraph num="(4)"> <text>Curriculum and instruction;</text> </paragraph> <paragraph num="(5)"> <text>Certified English for Speakers of Other Languages (ESOL) teachers;</text> </paragraph> <paragraph num="(6)"> <text>Materials of instruction;</text> </paragraph> <paragraph num="(7)"> <text>Facilities;</text> </paragraph> <paragraph num="(8)"> <text>Program delivery models;</text> </paragraph> <paragraph num="(9)"> <text>Parent and community involvement;</text> </paragraph> <paragraph num="(10)"> <text>Support services;</text> </paragraph> <paragraph num="(11)"> <text>Exit criteria; and</text> </paragraph> <paragraph num="(12)"> <text>Program evaluation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A student who has been identified as an ML shall:</text> <paragraph num="(1)"> <text>Be placed in an English language development program; and</text> </paragraph> <paragraph num="(2)"> <text>Be evaluated each year on the appropriate Department-approved summative English language proficiency assessment in listening, speaking, reading, and writing to determine ML status.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The English language development program shall include the following standards:</text> <paragraph num="(1)"> <text>Multilingual learners communicate for Social and Instructional purposes within the school setting.</text> </paragraph> <paragraph num="(2)"> <text>Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Language Arts.</text> </paragraph> <paragraph num="(3)"> <text>Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Mathematics.</text> </paragraph> <paragraph num="(4)"> <text>Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Science.</text> </paragraph> <paragraph num="(5)"> <text>Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Social Studies.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Local school systems shall adopt policies and procedures to ensure that there is an English language development program and that the program meets the requirements of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Funding."> <text>The amount of State funding shall be determined annually on the basis of the number of MLs who are reported on the Enrollment Survey as of October 31.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Reporting Requirements."> <text>Local school systems shall annually report to the Department their goals, objectives, and strategies regarding the performance of multilingual learners along with timelines for implementation and methods for measuring progress.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 4-111, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 4, 1995 (22:24 Md. R. 1901)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 24, 2016 (43:21 Md. R. 1168); September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 24, 2016 (43:21 Md. R. 1168); September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 24, 2016 (43:21 Md. R. 1168); September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 24, 2016 (43:21 Md. R. 1168); September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 24, 2016 (43:21 Md. R. 1168); September 15, 2025 (52:18 Md. R. 924)</annotation> </annotations> </chapter> <chapter num="08" heading="Approved Paid Work-Based Learning Programs" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 22, 1999 (26:6 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 20, 2009 (36:8 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 20, 2009 (36:8 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective April 20, 2009 (36:8 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed effective January 2, 2017 (43:26 Md. R. 1448)</annotation> </annotations> </chapter> <chapter num="09" heading="Programs for Homeless Children"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter establishes minimum requirements to ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth consistent with Title VII, Subtitle B of the McKinney-Vento Homeless Assistance Act as amended by the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.</text> </paragraph> <paragraph num="B."> <text>Homeless children and youth shall have access to the education and other services that they need to ensure that they have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.</text> </paragraph> <paragraph num="C."> <text>Homeless children and youth, while receiving a free public education, may not be segregated in a separate school or in a separate program within a school, based on their status as homeless. Homeless children and youth shall be educated as part of a school regular academic program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Child” and “youth” means an individual who is eligible to attend public school or educational programs in Maryland, including:</text> <paragraph num="(a)"> <text>Pre-kindergarten through 12th grade;</text> </paragraph> <paragraph num="(b)"> <text>Head Start;</text> </paragraph> <paragraph num="(c)"> <text>Even Start;</text> </paragraph> <paragraph num="(d)"> <text>Special education; or</text> </paragraph> <paragraph num="(e)"> <text>Other programs.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Enroll” and “Enrollment” means attending classes and participating fully in school activities.</text> </paragraph> <paragraph num="(3)"> <text>Homeless Student.</text> <paragraph num="(a)"> <text>“Homeless student” means a child or youth who lacks a fixed, regular, or adequate nighttime place of residence.</text> </paragraph> <paragraph num="(b)"> <text>“Homeless student” includes:</text> <paragraph num="(i)"> <text>Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations, are living in emergency or transitional shelters, also referred to as transitional housing, or are abandoned in hospitals;</text> </paragraph> <paragraph num="(ii)"> <text>Children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for individuals;</text> </paragraph> <paragraph num="(iii)"> <text>Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and</text> </paragraph> <paragraph num="(iv)"> <text>Migratory children, as defined in §6399 of Title 20, who qualify as homeless for the purposes of the McKinney-Vento Act and this chapter because the children are living in circumstances as described in §B(3)(b)(i)—(iii) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Local school system” means the public school system in which the student is enrolled.</text> </paragraph> <paragraph num="(5)"> <text>“McKinney-Vento Act” refers to the Stewart B. McKinney-Vento Homeless Assistance Act, Subtitle B, as amended by the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.</text> </paragraph> <paragraph num="(6)"> <text>“Parent" or "guardian” means the:</text> <paragraph num="(a)"> <text>Parent, individual, or public agency having legal or lawful physical custody of the homeless student;</text> </paragraph> <paragraph num="(b)"> <text>Person or public agency to whom guardianship of a child or youth has been given by order of court; or</text> </paragraph> <paragraph num="(c)"> <text>Homeless student if the student is 18 years old or older and no parent or guardian is available.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>School of Origin.</text> <paragraph num="(a)"> <text>“School of origin” means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.</text> </paragraph> <paragraph num="(b)"> <text>“School of origin” includes the designated receiving school at the next grade level for all feeder schools when the child or youth completes the final grade level served by the school of origin.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Unaccompanied homeless youth” means a homeless youth not in the physical custody of a parent or guardian.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Responsibilities."> <paragraph num="A."> <text>Each local school system in Maryland shall:</text> <paragraph num="(1)"> <text>Develop, review, and revise policies to eliminate barriers to the identification enrollment, retention, and success in school of homeless students, including barriers related to:</text> <paragraph num="(a)"> <text>Transportation issues;</text> </paragraph> <paragraph num="(b)"> <text>Enrollment delays caused by residency requirements;</text> </paragraph> <paragraph num="(c)"> <text>Lack of available records normally required for enrollment such as birth certificates, previous school records, immunization records, medical records, proof of residency, or other documentation;</text> </paragraph> <paragraph num="(d)"> <text>Guardianship issues;</text> </paragraph> <paragraph num="(e)"> <text>Uniform or dress code requirements;</text> </paragraph> <paragraph num="(f)"> <text>Outstanding fees or fines;</text> </paragraph> <paragraph num="(g)"> <text>Issues related to absences; and</text> </paragraph> <paragraph num="(h)"> <text>Opportunities to meet the same challenging State student academic achievement standards to which all students are held.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Coordinate with local social services agencies and other agencies or programs providing services to homeless children and youth and their families;</text> </paragraph> <paragraph num="(3)"> <text>Coordinate with other local school systems on interdistrict issues, such as transportation or transfer of school records;</text> </paragraph> <paragraph num="(4)"> <text>Provide services to each eligible homeless student that are comparable to services offered to other students in the local school system, including:</text> <paragraph num="(a)"> <text>Public preschool programs;</text> </paragraph> <paragraph num="(b)"> <text>Educational programs or services;</text> </paragraph> <paragraph num="(c)"> <text>Programs in career and technology education;</text> </paragraph> <paragraph num="(d)"> <text>Special education programs;</text> </paragraph> <paragraph num="(e)"> <text>Programs for gifted and talented students;</text> </paragraph> <paragraph num="(f)"> <text>Before-school and after-school programs;</text> </paragraph> <paragraph num="(g)"> <text>School meal programs; and</text> </paragraph> <paragraph num="(h)"> <text>Transportation; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Designate a homeless education coordinator responsible for:</text> <paragraph num="(a)"> <text>Ensuring that homeless children and youth are identified by school personnel, are enrolled in, and have a full and equal opportunity to succeed in schools of that local school system;</text> </paragraph> <paragraph num="(b)"> <text>Coordinating the referrals of homeless children to health care, dental care, mental health services, and other appropriate services;</text> </paragraph> <paragraph num="(c)"> <text>Expediting school placement decisions;</text> </paragraph> <paragraph num="(d)"> <text>Identifying homeless children, youth, and families in the community through outreach and coordination activities with other entities and agencies;</text> </paragraph> <paragraph num="(e)"> <text>Coordinating programs and services to prevent duplication of services;</text> </paragraph> <paragraph num="(f)"> <text>Monitoring programs and projects to ensure their compliance with applicable statutory and regulatory requirements, if the local school system receives funds under the McKinney-Vento Act;</text> </paragraph> <paragraph num="(g)"> <text>Informing parents or guardians of homeless children and youth of the educational and related opportunities available to their children, ensuring that they are provided with meaningful opportunities to participate in the education of their children;</text> </paragraph> <paragraph num="(h)"> <text>Disseminating public notice of the educational rights of homeless children and youth in the schools, community agencies, family shelters, soup kitchens, and organizations where children and youth receive services in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth;</text> </paragraph> <paragraph num="(i)"> <text>Ensuring that the parent or guardian of a homeless child or youth and any unaccompanied youth is fully informed of all transportation services, including transportation to the school of origin, is assisted in accessing transportation to the school that is selected, and that enrollment disputes are mediated in accordance with Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(j)"> <text>Working with Title I administrators to ensure that Title I services are provided in accordance with the reservation of funds required by McKinney-Vento Act;</text> </paragraph> <paragraph num="(k)"> <text>Coordinating and collaborating with the State coordinator and community and school personnel responsible for the provision of education and related services to homeless children and youth;</text> </paragraph> <paragraph num="(l)"> <text>Developing and implementing a program to train school personnel on the educational rights of homeless children and youth, policies and procedures to identify and serve homeless children and youth, and on the special needs of homeless children and youth;</text> </paragraph> <paragraph num="(m)"> <text>Assisting unaccompanied homeless youth in the school selection process;</text> </paragraph> <paragraph num="(n)"> <text>Ensuring that enrollment disputes are mediated according to the local school system's appeal process consistent with Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(o)"> <text>Ensuring homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act (42 U.S.C. §9831 et seq.), early intervention services under Part C of the Individuals with Disabilities Education Act (20 U.S.C. §1431 et seq.), and other preschool programs administered by the local school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Department shall:</text> <paragraph num="(1)"> <text>Respond to inquiries from parents and guardians of homeless children and youths, and from unaccompanied youth, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by law;</text> </paragraph> <paragraph num="(2)"> <text>Coordinate and collaborate with educators, including child development and preschool program personnel, providers of services to homeless and runaway children and youth and homeless families, local school system homeless education coordinators, and community organizations and groups representing homeless children and youth and their families;</text> </paragraph> <paragraph num="(3)"> <text>Facilitate coordination of services to homeless students with other State agencies;</text> </paragraph> <paragraph num="(4)"> <text>Administer the McKinney-Vento Act grant program;</text> </paragraph> <paragraph num="(5)"> <text>Prepare and submit reports to the federal government in accordance with the requirements of the McKinney-Vento Act;</text> </paragraph> <paragraph num="(6)"> <text>Provide technical assistance to and conduct monitoring of local school systems in coordination with local school system coordinators to ensure local school system compliance; and</text> </paragraph> <paragraph num="(7)"> <text>Provide professional development opportunities for local school system personnel and coordinators to assist such personnel and coordinators in identifying and meeting the needs of homeless children and youth.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="School Placement."> <paragraph num="A."> <text>The local school system serving each child or youth shall, according to the child's or youth's best interest, establish a procedure to:</text> <paragraph num="(1)"> <text>Continue the child's or youth's education in the school of origin for the duration of homelessness:</text> <paragraph num="(a)"> <text>In any case in which a family becomes homeless between academic years or during an academic year; or</text> </paragraph> <paragraph num="(b)"> <text>For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Enroll the child or youth in any public school that nonhomeless students living in the attendance area in which the child or youth is living are eligible to attend.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In determining the best interest of the child or youth under §A of this regulation, the local school system shall:</text> <paragraph num="(1)"> <text>Presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the parent, guardian, or unaccompanied youth;</text> </paragraph> <paragraph num="(2)"> <text>Give priority to the request of the parent, guardian, or unaccompanied youth;</text> </paragraph> <paragraph num="(3)"> <text>Consider the following student-centered factors:</text> <paragraph num="(a)"> <text>The student's age;</text> </paragraph> <paragraph num="(b)"> <text>The school which the student's siblings attend;</text> </paragraph> <paragraph num="(c)"> <text>The student's experiences at the school of origin;</text> </paragraph> <paragraph num="(d)"> <text>The student's academic needs;</text> </paragraph> <paragraph num="(e)"> <text>The student's emotional needs;</text> </paragraph> <paragraph num="(f)"> <text>Any other special needs of the family;</text> </paragraph> <paragraph num="(g)"> <text>Continuity of instruction;</text> </paragraph> <paragraph num="(h)"> <text>Length of stay in the shelter;</text> </paragraph> <paragraph num="(i)"> <text>The likely location of the family's future permanent housing;</text> </paragraph> <paragraph num="(j)"> <text>Time remaining in the school year;</text> </paragraph> <paragraph num="(k)"> <text>Distance of commute and the impact it may have on the student's education and other student-centered, transportation-related factors; and</text> </paragraph> <paragraph num="(l)"> <text>The safety of the child;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Provide a written explanation to the parent, guardian, or unaccompanied youth, in a manner and form understandable to the parent, guardian, or unaccompanied youth, including a statement regarding the right to appeal pursuant to Regulation .07 of this chapter if the local school system sends the child or youth to a school other than the school of origin or a school requested by the parent, guardian, or unaccompanied youth; and</text> </paragraph> <paragraph num="(5)"> <text>In the case of an unaccompanied youth, ensure that the local school system homeless coordinator:</text> <paragraph num="(a)"> <text>Assists in placement or enrollment decisions;</text> </paragraph> <paragraph num="(b)"> <text>Gives priority to the views of the unaccompanied youth; and</text> </paragraph> <paragraph num="(c)"> <text>Provides notice to the youth of the right to appeal pursuant to Regulation .07 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The homeless student shall remain in the school determined to be in the student's best interest for as long as the student remains homeless, or if the student becomes permanently housed, until the end of the academic year.</text> </paragraph> <paragraph num="D."> <text>Homeless students living separately from their parent shall be offered the same school choice options as other homeless students are offered.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="School Enrollment."> <paragraph num="A."> <text>A school may not deny enrollment to a student solely because the student is living in a shelter, lacks a permanent residence, or is otherwise homeless.</text> </paragraph> <paragraph num="B."> <text>The school selected in accordance with Regulation .04 of this chapter shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.</text> </paragraph> <paragraph num="C."> <text>When a school is notified that a child seeking to enroll is homeless, and the child does not have appropriate transfer or medical documentation, the receiving school shall:</text> <paragraph num="(1)"> <text>Immediately enroll the child; and</text> </paragraph> <paragraph num="(2)"> <text>If the child or youth needs to obtain immunizations, or immunization or medical records, immediately refer the parent or guardian of the child or youth to the local school system coordinator, who shall assist in obtaining necessary immunizations, or medical records.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The school may not bar enrollment of the homeless student until it has made a diligent effort to assist the parent in obtaining necessary immunizations or records of prior immunization.</text> </paragraph> <paragraph num="E."> <text>If a homeless student has left a school without officially transferring and obtaining the student's educational records:</text> <paragraph num="(1)"> <text>The school where the student is seeking to enroll shall:</text> <paragraph num="(a)"> <text>Register the student,</text> </paragraph> <paragraph num="(b)"> <text>Immediately call the former school for transfer information and relevant academic and other records, and</text> </paragraph> <paragraph num="(c)"> <text>Provide appropriate special education and related services as soon as possible, if the student is a student with disabilities; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon request for information regarding the homeless student, the student's former school shall:</text> <paragraph num="(a)"> <text>Provide the information by telephone, and</text> </paragraph> <paragraph num="(b)"> <text>Forward records for the homeless student to the receiving school in a timely manner.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Student Transportation."> <paragraph num="A."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Promptly provide homeless students with transportation services comparable to the transportation services provided to non-homeless students attending the school that is determined to be in the best interest of the homeless student; and</text> </paragraph> <paragraph num="(2)"> <text>Notify the student and parent of the availability of transportation services, if these services are necessary for the homeless student to attend the school which is in the student's best interest.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the student requires transportation to attend the school that is determined to be in the student's best interest, transportation shall be provided:</text> <paragraph num="(1)"> <text>As long as the child or youth attends the school of origin and remains homeless; or</text> </paragraph> <paragraph num="(2)"> <text>Until the end of the current school year, if the child becomes permanently housed during the school year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the homeless child or youth no longer resides in the area served by the local school system of origin and the child or youth, though continuing education in the school of origin, begins living in an area served by another local school system:</text> <paragraph num="(1)"> <text>The local school system of origin and the local school system in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin; and</text> </paragraph> <paragraph num="(2)"> <text>If the local educational agencies are unable to agree upon a method under §C(1) of this regulation, the responsibility and costs for transportation shall be shared equally.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Dispute Resolution."> <paragraph num="A."> <text>Each local school system shall establish an expedited dispute resolution process to address disputes arising regarding services to homeless children under this chapter, including the following:</text> <paragraph num="(1)"> <text>Upon receipt of a written complaint from the parent, guardian, or an unaccompanied homeless youth, the principal shall resolve the complaint within 5 school days;</text> </paragraph> <paragraph num="(2)"> <text>Parents, guardians, or an unaccompanied homeless youth shall be provided with a written explanation of the school's decision of the dispute, including the right to appeal, in a manner and form understandable to the parents, guardians, or unaccompanied youth;</text> </paragraph> <paragraph num="(3)"> <text>If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the resolution, or if the principal does not issue a decision within 5 days, the parent may file a written complaint with the local superintendent;</text> </paragraph> <paragraph num="(4)"> <text>The local superintendent shall issue a decision within 10 school days;</text> </paragraph> <paragraph num="(5)"> <text>If the local superintendent does not issue a decision within 10 days, or if the parent, guardian, or unaccompanied youth is dissatisfied with the decision, the parent, guardian, or unaccompanied youth may appeal the decision to the local board, in writing, within 30 days, pursuant to Education Article, §4-205(c), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>The local board shall decide the appeal on an expedited basis within 45 days of receipt of the appeal; and</text> </paragraph> <paragraph num="(7)"> <text>If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the decision of the local board, the parent, guardian, or unaccompanied youth may appeal the decision to the State board, in writing, within 30 days, pursuant to COMAR 13A.01.05.</text> </paragraph> </paragraph> <paragraph num="B."> <text>During the dispute resolution process, including any appeals, the student shall remain enrolled in the school in which enrollment is sought.</text> </paragraph> <paragraph num="C."> <text>If a dispute arises over school selection or enrollment:</text> <paragraph num="(1)"> <text>The child or youth immediately shall be:</text> <paragraph num="(a)"> <text>Enrolled in the school in which enrollment is sought, pending resolution of the dispute; and</text> </paragraph> <paragraph num="(b)"> <text>Provided transportation to the school in which enrollment is sought for the duration of the dispute resolution process;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The parent, guardian, or unaccompanied homeless youth shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or unaccompanied youth to appeal the decision, in a manner and form understandable to the parent, guardian, or unaccompanied youth;</text> </paragraph> <paragraph num="(3)"> <text>The child, youth, parent, or guardian shall be referred to the local school system coordinator, who shall assist with carrying out the dispute resolution process under §A of this regulation, as expeditiously as possible after receiving notice of the dispute; and</text> </paragraph> <paragraph num="(4)"> <text>In the case of an unaccompanied homeless youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which the youth is seeking enrollment pending resolution of the dispute.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 9, 2000 (26:27 Md. R. 2016)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 11, 2003 (30:24 Md. R. 1744)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective November 11, 2024 (51:22 Md. R. 963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1744); June 29, 2009 (36:13 Md. R. 900); October 1, 2012 (39:19 Md. R. 1237); November 11, 2024 (51:22 Md. R. 963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 11, 2003 (30:24 Md. R. 1744); November 11, 2024 (51:22 Md. R. 963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 11, 2003 (30:24 Md. R. 1744); November 11, 2024 (51:22 Md. R. 963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 11, 2003 (30:24 Md. R. 1744)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, C amended effective December 11, 2003 (30:24 Md. R. 1744)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective December 11, 2003 (30:24 Md. R. 1744); November 11, 2024 (51:22 Md. R. 963)</annotation> </annotations> </chapter> <chapter num="10" heading="Automated External Defibrillator Program in Middle Schools and High Schools"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes the requirements of the Automated External Defibrillator Program mandated by Education Article, §7-425, Annotated Code of Maryland, for implementation by each county board for each high school and middle school in the county.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Authorized site” means a public high school or middle school that meets the requirements of the Emergency Medical Services (EMS) Board, under Education Article, §13-517, Annotated Code of Maryland, and COMAR 30.06.01—05, for providing automated external defibrillation.</text> </paragraph> <paragraph num="(2)"> <text>“Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:</text> <paragraph num="(a)"> <text>Is cleared for market by the federal Food and Drug Administration;</text> </paragraph> <paragraph num="(b)"> <text>Recognizes the presence or absence of ventricular fibrillation or rapidventricular tachycardia;</text> </paragraph> <paragraph num="(c)"> <text>Determines, without intervention by the operator, whether defibrillation should be performed;</text> </paragraph> <paragraph num="(d)"> <text>On determining that defibrillation should be performed, automatically charges; and</text> </paragraph> <paragraph num="(e)"> <text>Requires operator intervention to deliver the electrical impulse or automatically continues with the delivery of an electrical impulse without operator intervention.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Certificate” means a certificate of approval issued by the EMS Board to an authorized site.</text> </paragraph> <paragraph num="(4)"> <text>“Event (code) summary” means the electronic report of an AED operation produced by an AED.</text> </paragraph> <paragraph num="(5)"> <text>“Individual trained in the operation and use of an AED” means a person who has successfully completed an educational training course and subsequent refresher trainings as required by the EMS Board pursuant to Education Article, §13-517, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“On-site” means on the grounds of a public high school or middle school.</text> </paragraph> <paragraph num="(7)"> <text>“School-sponsored athletic event” means an interscholastic or intramural sporting event that takes place on-site at a public high school or middle school, including practices and scrimmages.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Minimum Requirements of the High School and Middle School AED Program."> <paragraph num="A."> <text>Each county board shall develop and implement a High School and Middle School AED Program which shall require, at minimum:</text> <paragraph num="(1)"> <text>One AED on-site in each public high school and middle school, which shall be available for use at each school-sponsored athletic event;</text> </paragraph> <paragraph num="(2)"> <text>One individual trained in the operation and use of an AED present at each school-sponsored athletic event; and</text> </paragraph> <paragraph num="(3)"> <text>One individual trained in the operation and use of an AED on-site at each high school and middle school during the regular school day.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The High School and Middle School AED Program shall:</text> <paragraph num="(1)"> <text>Possess a valid certificate from the EMS Board to conduct an AED program;</text> </paragraph> <paragraph num="(2)"> <text>Comply with the rules, regulations, and policies that the EMS Board determines are applicable;</text> </paragraph> <paragraph num="(3)"> <text>Maintain up-to-date records of the initial and refresher training received by each individual trained in the operation and use of an AED;</text> </paragraph> <paragraph num="(4)"> <text>Adhere to the AED manufacturer's guidelines for maintenance, inspection, and repair of AEDs, including weekly inspection of the AED;</text> </paragraph> <paragraph num="(5)"> <text>Establish AED maintenance, operation, reporting, and quality improvement procedures to be documented as required by the EMS Board;</text> </paragraph> <paragraph num="(6)"> <text>Submit:</text> <paragraph num="(a)"> <text>A report for each incident of suspected cardiac arrest at the facility on the Maryland Facility AED Report Form for Cardiac Arrests, including, when available, any event (code) summary, recording, or tape created by the AED to Maryland Institute for Emergency Medical Services Systems (MIEMSS), and be available for follow up as necessary; and</text> </paragraph> <paragraph num="(b)"> <text>If the AED fails when operated, in addition to submitting the required report to the federal Food and Drug Administration, a copy of the report to MIEMSS.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Designate an AED coordinator who:</text> <paragraph num="(a)"> <text>Meets the requirements of COMAR 30.06.02.01A, which includes training in cardiopulmonary resuscitation (CPR) and AED operation; and</text> </paragraph> <paragraph num="(b)"> <text>Is responsible for implementation and administration of the AED program; and</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Contact and collaborate with the closest jurisdictional emergency medical services operational program once the High School and Middle School AED Program is approved by the EMS Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each county board shall inform all persons who are authorized to participate in the High School and Middle School AED Program of the immunities available under Education Article, §13-517, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§7-425 and 13-517, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 21, 2008 (35:8 Md. R. 807)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 24, 2017 (44:8 Md. R. 405)</annotation> </annotations> </chapter> <chapter num="11" heading="Juvenile Services Education"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements Education Article, Title 22, Subtitle 3, Annotated Code of Maryland, for the conduct and management of the Juvenile Services Educational Program in residential facilities of the Department of Juvenile Services (DJS) in order to meet the special needs and circumstances of the students in the residential facility.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this title, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Director of the Juvenile Services Educational Program.</text> </paragraph> <paragraph num="(3)"> <text>“Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department of Juvenile Services operates a program.</text> </paragraph> <paragraph num="(4)"> <text>“Individualized education program (IEP)” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§300.320—300.324 and COMAR 13A.05.01.08 and .09.</text> </paragraph> <paragraph num="(5)"> <text>“Program” means a discrete and defined grouping of services provided to youth in the custody of or under the supervision of the DJS to address educational needs.</text> </paragraph> <paragraph num="(6)"> <text>“Residential facility” means a facility established under Human Services Article, §9-226, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Residential facility school” means the school located in a DJS residential facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Education Program."> <paragraph num="A."> <text>The Department shall provide a comprehensive education program for youth in DJS residential facilities to meet the public school standards set forth in COMAR 13A.01.04.</text> </paragraph> <paragraph num="B."> <text>The Program consists of instruction to allow students to achieve credit requirements and assessments necessary to progress towards the standards for graduation from a public high school in Maryland consistent with the requirements of COMAR 13A.03.02.</text> </paragraph> <paragraph num="C."> <text>The Program prepares students to successfully obtain a Maryland High School Diploma by examination.</text> </paragraph> <paragraph num="D."> <text>The Juvenile Services Educational Program is a local education agency as defined by 20 U.S.C. §7801(26) of the Elementary and Secondary Education Act and public agency as defined by COMAR 13A.05.01.03B(59).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Administrative Practices."> <paragraph num="A."> <text>The Program shall operate at least 220 school days and a minimum of 1,320 school hours during a 12-month period.</text> </paragraph> <paragraph num="B."> <text>The Program shall have a written calendar that states the specific days and total number of days for the implementation of its educational program.</text> </paragraph> <paragraph num="C."> <text>The Program shall have a written schedule for each school that states the beginning and end of the 6-hour school day and the specific time periods during the school day when the areas of instruction are implemented.</text> </paragraph> <paragraph num="D."> <text>The Program shall provide unit-based instructional services a minimum of 6 hours per week to students who are unable to attend the Residential Facility School because of illness or injury.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Assessments."> <paragraph num="A."> <text>Student academic achievement will be formally assessed upon intake into the education program to determine appropriate instructional placement.</text> </paragraph> <paragraph num="B."> <text>Student academic achievement will be formally assessed after 30 days of enrollment to determine academic gains in reading and math.</text> </paragraph> <paragraph num="C."> <text>Certificates of achievement will be awarded to students based on demonstrated gains.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Special Education Instruction and Related Services."> <text>Eligible students with disabilities will receive special education and related services as specified in an existing IEP or based upon the determination of eligibility as a student with a disability by the Residential Facility School IEP team in accordance with COMAR 13A.05.01 .</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Personnel Requirements."> <paragraph num="A."> <text>Instructional personnel shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.02.</text> </paragraph> <paragraph num="B."> <text>Residential Facility School and Juvenile Services Educational Program administrators shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.04.</text> </paragraph> <paragraph num="C."> <text>Teacher Evaluation.</text> <paragraph num="(1)"> <text>Teachers will be evaluated in accordance with the established State Performance and Evaluation Program set forth in COMAR 17.04.03.21.</text> </paragraph> <paragraph num="(2)"> <text>Evaluations will meet the requirements for Evaluation of Professional Certified Personnel set forth in COMAR 13A.07.04.02 and 13A.07.04.03.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Interagency Cooperation."> <paragraph num="A."> <text>The Department and DJS shall execute a memorandum of understanding outlining responsibilities of each agency in the provision of education to students in the residential facilities.</text> </paragraph> <paragraph num="B."> <text>All residential facility schools shall incorporate and adhere to the residential facility behavior management program established by the DJS.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Student Records."> <paragraph num="A."> <text>The Juvenile Services Educational Program will establish policies and procedures to obtain, maintain, and share student records as specified in the Program Policy and Procedure Manual and consistent with COMAR 13A.08.02.</text> </paragraph> <paragraph num="B."> <text>The Department may transfer education records to DJS personnel who have been determined by the Department to have legitimate educational interests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Education Coordinating Council for Juvenile Services Educational Programs."> <paragraph num="A."> <text>Education Article, §22-305, Annotated Code of Maryland, establishes an Education Coordinating Council for Juvenile Services Educational Programs within the Maryland State Department of Education.</text> </paragraph> <paragraph num="B."> <text>The Education Coordinating Council shall develop, recommend, and approve an educational program for each residential facility to meet the special needs and circumstances of the children in DJS residential facilities in accordance with Education Article, §22-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Council shall actively advocate and promote the interests of educational programs and opportunities in programs of the Department of Juvenile Services.</text> </paragraph> <paragraph num="D."> <text>On a regular basis the Council shall meet to review the effectiveness of the program of educational instruction.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§22-301—22-310, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 18, 2011 (38:8 Md. R. 506)</annotation> </annotations> </chapter> <chapter num="12" heading="Hearing Aid and Language and Communication Video Loan Bank"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement Education Article, §§8-601—8-606, Annotated Code of Maryland, which establishes a Hearing Aid and Language and Communication Video Loan Bank program within the Department for the purpose of lending hearing aids and language and communication videos on a temporary basis and providing access to online resources to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid to teach language and communication skills.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>An individual is eligible if the individual meets the eligibility criteria set forth in Education Article, §8-601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>To be eligible, an individual:</text> <paragraph num="(1)"> <text>Shall be a resident of the State of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Shall be identified by an otolaryngologist or a licensed audiologist as having a hearing loss;</text> </paragraph> <paragraph num="(3)"> <text>Shall be under the age of 21 years; and</text> </paragraph> <paragraph num="(4)"> <text>May not have graduated from high school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Administration."> <paragraph num="A."> <text>Application. A parent or legal guardian of an eligible individual who has no immediate access to a hearing aid may submit a request for hearing aids, language and communication videos, or other resources on a form developed by the Department that includes:</text> <paragraph num="(1)"> <text>The individual’s residential address;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the individual’s hearing evaluation from a licensed audiologist;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the individual’s medical clearance for hearing aids from an otolaryngologist;</text> </paragraph> <paragraph num="(4)"> <text>A statement from the parent or legal guardian explaining why the family is experiencing delays in acquiring hearing aids or needs a loan of hearing aids; and</text> </paragraph> <paragraph num="(5)"> <text>The individual’s date of birth.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Loan Period. Except as provided in §C of this regulation, the Department may approve a loan of hearing aids for a period of not more than 1 year.</text> </paragraph> <paragraph num="C."> <text>Loan Extension.</text> <paragraph num="(1)"> <text>On the request of a parent or legal guardian, the Department may extend a loan of hearing aids for an additional 1-year period.</text> </paragraph> <paragraph num="(2)"> <text>Prior to each extension period, the Department shall consider the following factors to determine whether to extend the loan:</text> <paragraph num="(a)"> <text>Insurance coverage or Medical Assistance eligibility;</text> </paragraph> <paragraph num="(b)"> <text>The circumstances that necessitated the loan of hearing aids;</text> </paragraph> <paragraph num="(c)"> <text>The parent or legal guardian’s plan to obtain access to another hearing aid; and</text> </paragraph> <paragraph num="(d)"> <text>The number of previous extensions granted to the individual.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Loaned Hearing Aid Accountability.</text> <paragraph num="(1)"> <text>A parent or legal guardian who borrows a hearing aid from the loan bank for an eligible individual shall:</text> <paragraph num="(a)"> <text>Be the custodian of the hearing aid;</text> </paragraph> <paragraph num="(b)"> <text>Return the hearing aid immediately to the Loan Bank on the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;</text> </paragraph> <paragraph num="(c)"> <text>Be responsible for the proper care and use of the hearing aid;</text> </paragraph> <paragraph num="(d)"> <text>Be responsible for any damage to or loss of the hearing aid; and</text> </paragraph> <paragraph num="(e)"> <text>Sign a written agreement provided by the State Superintendent that states the terms and conditions of the loan.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the parent or legal guardian of an eligible individual receives a hearing aid on loan from the Loan Bank, the Department shall ensure that the eligible individual’s otolaryngologist or licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the program.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Language and Communication Videos. A parent or legal guardian of an eligible individual may download from a Department website language and communication videos and resources that offer:</text> <paragraph num="(1)"> <text>Information about language and communication options to use with their deaf or hard of hearing child; and</text> </paragraph> <paragraph num="(2)"> <text>Resources to teach them the language or other means of communication that they choose to use with their deaf or hard of hearing child.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 8-601—8-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 2, 2017 (43:26 Md. R. 1448)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 9, 2020 (47:5 Md. R. 311)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 9, 2020 (47:5 Md. R. 311)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 9, 2020 (47:5 Md. R. 311)</annotation> </annotations> </chapter> <chapter num="13" heading="State-Aided Educational Institutions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The State-Aided Educational Institutions program is created to provide State funding and support to nonprofit organizations that provide unique, educational experiences to students and teachers that cannot be replicated in the classroom. These educational experiences are aligned with Maryland curricular and educational priorities.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>“Nonprofit organization” means an organization that:</text> <paragraph num="(a)"> <text>Is based in the State;</text> </paragraph> <paragraph num="(b)"> <text>Is incorporated or registered under the laws of the State;</text> </paragraph> <paragraph num="(c)"> <text>Is exempt from federal income tax under §501(c)(3), (4), or (6) of the Internal Revenue Code; and</text> </paragraph> <paragraph num="(d)"> <text>Is current in the payment of all tax obligations to the State or any unit or subdivision of the State.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Qualifications."> <paragraph num="A."> <text>To be considered for funding, an educational institution shall qualify as a State-aided educational institution.</text> </paragraph> <paragraph num="B."> <text>To qualify as a State-aided educational institution, an educational institution shall submit to the Department the following documentation:</text> <paragraph num="(1)"> <text>Names of the members of an independent governing board for the institution;</text> </paragraph> <paragraph num="(2)"> <text>Proof of status as a nonprofit organization;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the most recent independent annual audit or copies of the most recent internally generated financial statements until the annual audit is available;</text> </paragraph> <paragraph num="(4)"> <text>A detailed operating budget that:</text> <paragraph num="(a)"> <text>For an educational institution other than the Baltimore Zoo, indicates that less than 50 percent of the operating budget comes from State grants;</text> </paragraph> <paragraph num="(b)"> <text>Specifies all sources of income, including:</text> <paragraph num="(i)"> <text>Grants received;</text> </paragraph> <paragraph num="(ii)"> <text>Names of granting agencies; and</text> </paragraph> <paragraph num="(iii)"> <text>The amount of each grant; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Specifies all expenditures;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Plans for the use of any grant funds that may be awarded by the State-Aided Educational Institutions grants program;</text> </paragraph> <paragraph num="(6)"> <text>Evidence of the provision of a direct service to Maryland school groups or to individuals with disabilities, including:</text> <paragraph num="(a)"> <text>Data on age levels of students to be served;</text> </paragraph> <paragraph num="(b)"> <text>Data on the projected number of students and teachers to be served both Statewide and by local jurisdiction; and</text> </paragraph> <paragraph num="(c)"> <text>Plans of the institution to support the Maryland curricular and educational priorities;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Evidence of liability insurance coverage; and</text> </paragraph> <paragraph num="(8)"> <text>Evidence that the educational program for which funding is sought is not a new program and can show a track record of success.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Funding."> <text>An organization that seeks funding through the State-Aided Educational Institutions program in the fiscal year following the upcoming fiscal year shall submit to the Department:</text> <paragraph num="A."> <text>A fiscal impact statement describing:</text> <paragraph num="(1)"> <text>The program for which funding is sought;</text> </paragraph> <paragraph num="(2)"> <text>Amount of funds requested;</text> </paragraph> <paragraph num="(3)"> <text>Populations to be served;</text> </paragraph> <paragraph num="(4)"> <text>Educational goals and objectives; and</text> </paragraph> <paragraph num="(5)"> <text>Anticipated outcomes;</text> </paragraph> </paragraph> <paragraph num="B."> <text>An augmentation request describing:</text> <paragraph num="(1)"> <text>Who will be served;</text> </paragraph> <paragraph num="(2)"> <text>Objectives of the educational program; and</text> </paragraph> <paragraph num="(3)"> <text>Anticipated outcomes; and</text> </paragraph> </paragraph> <paragraph num="C."> <text>An application for qualification as a State-aided educational institution containing supporting documentation as described in Regulation .03 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Approval."> <paragraph num="A."> <text>The Department shall review applications for qualification as a State-aided educational institution and shall submit a list of the qualified institutions to the State Superintendent of Schools.</text> </paragraph> <paragraph num="B."> <text>The State Superintendent of Schools shall:</text> <paragraph num="(1)"> <text>Review and comment on the institutions on the list of qualified institutions and the extent to and manner in which each would forward the goals of the Maryland curricular and educational priorities; and</text> </paragraph> <paragraph num="(2)"> <text>Present the list of qualified institutions and comments on each institution to the Board for review and comment by the Board at the August meeting.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Board shall submit to the Governor after the August meeting:</text> <paragraph num="(1)"> <text>The list of qualified institutions;</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent of Schools’ comments on each institution; and</text> </paragraph> <paragraph num="(3)"> <text>The Board’s comments, if any, on each institution.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Accountability Measures."> <paragraph num="A."> <text>Each institution funded through the State-Aided Educational Institutions program shall submit the following annual reports:</text> <paragraph num="(1)"> <text>Midyear/Interim Progress Report;</text> </paragraph> <paragraph num="(2)"> <text>Managing for Results (MFR) Report; and</text> </paragraph> <paragraph num="(3)"> <text>Annual Progress Report.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Department will conduct an annual site visit for each nonprofit organization funded through the State-Aided Educational Institutions program.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§5-501—5-506, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 1, 2020 (47:11 Md. R. 560)</annotation> </annotations> </chapter> <chapter num="14" heading="Adult High School Pilot Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Adult High School Pilot Program establishes an alternative method for adults who did not graduate from high school to earn a high school diploma and, if applicable, a pathway to earn postsecondary credits or an industry-recognized certification in an environment that meets the needs of the adult learner.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Authority."> <text>The Adult High School Pilot Program is under the authority and supervision of the Maryland State Department of Education and the Maryland Department of Labor.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Operator” means a private non-profit entity that establishes a pilot under the Program.</text> </paragraph> <paragraph num="(3)"> <text>“Pilot” means an adult high school established by an operator under the Program.</text> </paragraph> <paragraph num="(4)"> <text>“Program” means the Adult High School Pilot Program.</text> </paragraph> <paragraph num="(5)"> <text>Wraparound Services.</text> <paragraph num="(a)"> <text>“Wraparound services” means individualized services, excluding regular school programs and services, that are provided to the student and the student’s family.</text> </paragraph> <paragraph num="(b)"> <text>“Wraparound services” includes:</text> <paragraph num="(i)"> <text>Child care;</text> </paragraph> <paragraph num="(ii)"> <text>Transportation;</text> </paragraph> <paragraph num="(iii)"> <text>Housing referrals;</text> </paragraph> <paragraph num="(iv)"> <text>Mental health;</text> </paragraph> <paragraph num="(v)"> <text>Crisis intervention;</text> </paragraph> <paragraph num="(vi)"> <text>Substance abuse prevention or treatment; and</text> </paragraph> <paragraph num="(vii)"> <text>Legal aid..</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Program Requirements."> <paragraph num="A."> <text>A pilot established under the Program shall:</text> <paragraph num="(1)"> <text>Operate from a fixed physical location;</text> </paragraph> <paragraph num="(2)"> <text>Offer wraparound services necessary for the adult learner;</text> </paragraph> <paragraph num="(3)"> <text>Grant a Maryland high school diploma on completion of the required course of study;</text> </paragraph> <paragraph num="(4)"> <text>Adopt written standards for the admission and dismissal of students;</text> </paragraph> <paragraph num="(5)"> <text>Comply with the requirements of §504 of the Rehabilitation Act of 1973; and</text> </paragraph> <paragraph num="(6)"> <text>Provide accommodations equal to those a student would qualify for under the Individuals with Disabilities Education Act if the student has a disability with an educational impact.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Enrollment. A pilot shall enroll:</text> <paragraph num="(1)"> <text>A maximum of 350 students at any given time; and</text> </paragraph> <paragraph num="(2)"> <text>Students who:</text> <paragraph num="(a)"> <text>Are 21 years or older;</text> </paragraph> <paragraph num="(b)"> <text>Do not have a high school diploma; and</text> </paragraph> <paragraph num="(c)"> <text>Did not complete the requirements for high school graduation through GED testing or the National External Diploma Program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Operator Qualifications."> <paragraph num="A."> <text>The operator of a pilot established under the Program shall:</text> <paragraph num="(1)"> <text>Be registered as a nonprofit organization in the State;</text> </paragraph> <paragraph num="(2)"> <text>Have previous experience and measured success in providing education or workforce development services, including industry certification and job placement services, to adult learners who have been limited by educational disadvantages, a disability, a criminal record, or similar barriers to employment opportunities;</text> </paragraph> <paragraph num="(3)"> <text>Have secured financing to develop or the capability to secure financing for the development of a physical site for the pilot; and</text> </paragraph> <paragraph num="(4)"> <text>Hire appropriately trained instructional personnel.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator may be a partnership of two or more persons that meet the qualifications required under §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>The operator may partner with a public institution of higher education in the State, if the operator intends to provide coursework for college credit, or a county board of education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Advisory Board."> <paragraph num="A."> <text>An advisory board shall govern a pilot established under the Program.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The advisory board shall consist of at least 11 and no more than 25 members.</text> </paragraph> <paragraph num="(2)"> <text>Of the advisory board members:</text> <paragraph num="(a)"> <text>One member shall be appointed by the Department;</text> </paragraph> <paragraph num="(b)"> <text>One member shall be appointed by the Maryland Department of Labor; and</text> </paragraph> <paragraph num="(c)"> <text>The remaining members shall be selected in accordance with the bylaws of the pilot.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A vacancy shall be filled in the same manner in which the vacating member was selected.</text> </paragraph> <paragraph num="D."> <text>The advisory board shall determine its officers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Considerations for Approval."> <paragraph num="A."> <text>The Department, in consultation with the Maryland Department of Labor, may approve up to six pilots under the Program.</text> </paragraph> <paragraph num="B."> <text>When considering whether to approve a pilot under §A of this regulation, the Department and the Maryland Department of Labor shall:</text> <paragraph num="(1)"> <text>Give priority to a pilot located in a county or geographic area located within a county that has a high school attainment rate that is lower than the State average high school attainment rate;</text> </paragraph> <paragraph num="(2)"> <text>Consider geographic diversity in locations for pilots; and</text> </paragraph> <paragraph num="(3)"> <text>Approve one pilot in a rural area for each two pilots approved in urban areas.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Application."> <paragraph num="A."> <text>The Department, in consultation with the Maryland Department of Labor, will periodically post a solicitation for a pilot.</text> </paragraph> <paragraph num="B."> <text>In response to a solicitation under §A of this regulation, an eligible organization that seeks approval to establish a pilot through the Program shall submit a detailed application that includes:</text> <paragraph num="(1)"> <text>A description and background of the pilot operator or operators;</text> </paragraph> <paragraph num="(2)"> <text>A program description;</text> </paragraph> <paragraph num="(3)"> <text>The pilot’s bylaws;</text> </paragraph> <paragraph num="(4)"> <text>The proposed curriculum and performance standards that align with Maryland high school graduation requirements and the Maryland College and Career Ready Standards;</text> </paragraph> <paragraph num="(5)"> <text>Initial student intake assessment procedures;</text> </paragraph> <paragraph num="(6)"> <text>Plans for the provision of remedial instruction, if necessary;</text> </paragraph> <paragraph num="(7)"> <text>Plans for working with students with disabilities and providing accommodations for qualified students as required under Regulation .04 of this chapter.;</text> </paragraph> <paragraph num="(8)"> <text>A description of assessment instruments and procedures for measuring student progress and college and career readiness;</text> </paragraph> <paragraph num="(9)"> <text>A description of any programs or partnerships with organizations or businesses for providing job skills, industry certifications, or higher education credits;</text> </paragraph> <paragraph num="(10)"> <text>The wraparound services offered;</text> </paragraph> <paragraph num="(11)"> <text>A description of the advisory and coaching services that provide support for students to establish career pathways in high need and growth industries and make effective transitions into postsecondary education and industry credentialing opportunities;</text> </paragraph> <paragraph num="(12)"> <text>The pilot’s governance plan;</text> </paragraph> <paragraph num="(13)"> <text>A detailed budget for the initial 3-year operating period that demonstrates the pilot’s financial self-sufficiency; and</text> </paragraph> <paragraph num="(14)"> <text>Plans for working with English learners.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Approval."> <paragraph num="A."> <text>Within 60 days of the receipt of a plan submitted under Regulation .08 of this chapter:</text> <paragraph num="(1)"> <text>The Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the curriculum; and</text> </paragraph> <paragraph num="(2)"> <text>If the curriculum is approved, the Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the applicant’s plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The operator may submit curriculum revisions to the Department for review and approval in consultation with the Maryland Department of Labor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Waivers."> <paragraph num="A."> <text>Within 30 days of approval of the pilot, the operator may request waivers from certain regulations.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §C of this regulation, the State Board of Education shall grant an approved pilot a waiver from any regulation that conflicts with the purpose and goals of the pilot’s plan, including the student service requirement set forth in COMAR 13A.03.02.05.</text> </paragraph> <paragraph num="C."> <text>A waiver may not be granted related to assessment requirements in COMAR 13A.03.02.06.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Funding."> <paragraph num="A."> <text>The operator or advisory board of a pilot may apply for and accept donations, grants, or other financial assistance from a government entity or any nonprofit or other private organization.</text> </paragraph> <paragraph num="B."> <text>The Program may provide grants to pilots approved and operating in accordance with these regulations, if funding is available.</text> </paragraph> <paragraph num="C."> <text>A pilot established under the Program is not a public school for public financing purposes under Education Article, Title 5, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Evaluation."> <paragraph num="A."> <text>An operator shall conduct an evaluation of the pilot each year. After receiving approval of the advisory board, the operator shall submit an evaluation report to the Department and the Maryland Department of Labor for the prior fiscal year that includes:</text> <paragraph num="(1)"> <text>Academic and career progress of each student enrolled in the pilot; and</text> </paragraph> <paragraph num="(2)"> <text>The pilot’s fiscal year financial report.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On or before October 1 of each year, the operator shall submit to the Department and the Maryland Department of Labor the following information for the prior fiscal year:</text> <paragraph num="(1)"> <text>Whether students enrolled in the pilot are on track for completion in a time determined reasonable by the advisory board;</text> </paragraph> <paragraph num="(2)"> <text>The academic levels of the students at the time of enrollment in the pilot;</text> </paragraph> <paragraph num="(3)"> <text>The academic progress of students as measured by pre-test and post-test assessments and the assessment instruments used;</text> </paragraph> <paragraph num="(4)"> <text>Graduation rates; and</text> </paragraph> <paragraph num="(5)"> <text>The number of:</text> <paragraph num="(a)"> <text>Credits students have completed;</text> </paragraph> <paragraph num="(b)"> <text>Students who completed the program and graduated;</text> </paragraph> <paragraph num="(c)"> <text>Postsecondary credits earned by the students concurrently and the type of credit sought;</text> </paragraph> <paragraph num="(d)"> <text>Industry credentials earned by students and the types of industry credentials; and</text> </paragraph> <paragraph num="(e)"> <text>Students in post-graduation employment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>If the Department and the Maryland Department of Labor determine that the pilot is not effective, they shall send written notice to the operator:</text> <paragraph num="(1)"> <text>Of any corrective action needed to prevent termination of the pilot; and</text> </paragraph> <paragraph num="(2)"> <text>The time period during which corrective action must be completed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Termination."> <paragraph num="A."> <text>If the Department and the Maryland Department of Labor determine that the pilot is not effective after a period of corrective action required under Regulation .12C of this chapter, they shall send written notice to the operator that the pilot has been terminated.</text> </paragraph> <paragraph num="B."> <text>Any termination notice shall address any remaining issues for any enrolled students and existing funding.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 9.7-101—9.7-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 15, 2023 (50:9 Md. R. 379)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="Supporting Programs"> <chapter num="01" heading="Programs for Food and Nutrition"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Program Standards. The Department shall administer the following food and nutrition programs according to the following federal laws and the implementing regulations, which are incorporated by reference:</text> <paragraph num="(1)"> <text>National School Lunch Program, 42 U.S.C. §§1751—1760, 1769a, and 1779, and 7 CFR Part 210;</text> </paragraph> <paragraph num="(2)"> <text>Special Milk Program, 42 U.S.C. §§1772 and 1779, and 7 CFR Part 215;</text> </paragraph> <paragraph num="(3)"> <text>School Breakfast Program, 42 U.S.C. §§1773 and 1779, and 7 CFR Part 220;</text> </paragraph> <paragraph num="(4)"> <text>Summer Food Service Program, 42 U.S.C. §§1758, 1761, and 1762a, and 7 CFR Part 225;</text> </paragraph> <paragraph num="(5)"> <text>Child and Adult Care Food Program, 42 U.S.C. §§1758, 1759a, 1762a, 1765, 1766, and 1766a, and 7 CFR Part 226;</text> </paragraph> <paragraph num="(6)"> <text>Nutrition Education and Training Program, 42 U.S.C. §1788, and 7 CFR Part 227;</text> </paragraph> <paragraph num="(7)"> <text>State Administrative Expense Funds, 42 U.S.C. §§1776 and 1779, and 7 CFR Part 235;</text> </paragraph> <paragraph num="(8)"> <text>Cash in Lieu of Donated Foods, 42 U.S.C. §§1751, 1755, 1762a, 1765, 1766, and 1779, and 7 CFR Part 240;</text> </paragraph> <paragraph num="(9)"> <text>Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, 42 U.S.C. §§1751—1752, 1758, 1759a, 1760, 1772—1773, and 1779, and 7 CFR Part 245; and</text> </paragraph> <paragraph num="(10)"> <text>Food Distribution Program, 42 U.S.C. §§1751, 1755, 1758, 1760—1762a, and 1766, and 7 CFR Part 250.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Program Administration.</text> <paragraph num="(1)"> <text>This chapter applies to the administration of the National School Lunch Program, the School Breakfast Program, the Special Milk Program, the Summer Food Service Program, the Child and Adult Care Food Program, Nutrition Education and Training Program, State Administrative Expense Funds, Cash in Lieu of Donated Foods, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and the Food Distribution Program pursuant to the federal programs standards set forth in this regulation and pursuant to the terms and conditions set forth in the agreements between the State Department of Education and the local educational agencies, and institutions, commercial food processors, and other contractors.</text> </paragraph> <paragraph num="(2)"> <text>Local educational agencies and institutions participating in the federal programs set forth in this regulation shall maintain a financial management system as authorized by the federal regulations and prescribed by the Department in compliance with the Financial Reporting Manual for Maryland Public Schools Revised 2009, which is incorporated by reference at COMAR 13A.02.01.02C.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative hearing” means the fair hearing provided upon request to:</text> <paragraph num="(a)"> <text>An institution that has been given notice by the Department of any action or proposed action that will affect their participation or reimbursement under any of the programs listed in Regulation .01 of this chapter, in accordance with 7 CFR §226.6(k) and Regulation .03A of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>A principal or individual responsible for an institution’s serious deficiency after the responsible individual has been given a notice of intent to disqualify them from any of the programs listed in Regulation .01 of this Chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Appellant” means a local educational agency, institution, or responsible principal or individual.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the State Department of Education, the State agency designated to administer food and nutrition programs.</text> </paragraph> <paragraph num="(4)"> <text>“Director” means the Director of the Office of School and Community Nutrition Programs within the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Institution” means an agency that is participating in or applying to participate in a program.</text> </paragraph> <paragraph num="(6)"> <text>"Local educational agency” has the meaning stated in 7 CFR §210.2.</text> </paragraph> <paragraph num="(7)"> <text>“National Disqualification List” means the list maintained by the U.S. Department of Agriculture of institutions, responsible principals and responsible individuals, and day care homes disqualified from participation in the Child and Adult Care Food Program authorized by Section 17 of the National School Lunch Act, as amended, in accordance with 7 CFR §226.2.</text> </paragraph> <paragraph num="(8)"> <text>“Program” means the National School Lunch Program, Special Milk Program, School Breakfast Program, Summer Food Service Program, or Child and Adult Care Food Program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Hearing Procedures."> <paragraph num="A."> <text>Actions Subject to an Administrative Hearing Upon Request. An institution or local educational agency may request a hearing to review the following actions by the Department:</text> <paragraph num="(1)"> <text>For all programs:</text> <paragraph num="(a)"> <text>Denial of an institution’s or local educational agency’s application for participation in a program;</text> </paragraph> <paragraph num="(b)"> <text>Denial of an application submitted by an institution or local educational agency on behalf of a facility to participate in the program;</text> </paragraph> <paragraph num="(c)"> <text>Denial of an advance payment;</text> </paragraph> <paragraph num="(d)"> <text>Denial of all or part of a claim for reimbursement, except for late submission;</text> </paragraph> <paragraph num="(e)"> <text>Denial by the Department to forward to the U.S. Department of Agriculture, Food and Nutrition Service, an exception request by an institution or local educational agency for payment of a late claim or request for an upward adjustment to a claim;</text> </paragraph> <paragraph num="(f)"> <text>Demand for the remittance of an overpayment;</text> </paragraph> <paragraph num="(g)"> <text>Withholding payment, if applicable;</text> </paragraph> <paragraph num="(h)"> <text>Any other action of the Department affecting the participation of an institution or local educational agency in the program or the institution’s claim for reimbursement under the Program; and</text> </paragraph> <paragraph num="(i)"> <text>A demand for recovery of funds determined to have been illicitly or inappropriately obtained as determined by a federal audit conducted by the USDA Office of Inspector General (OIG) or other authorized audit/oversight agency;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For all programs except the Summer Food Service Program:</text> <paragraph num="(a)"> <text>Proposed termination of the participation of an institution, local educational agency, or facility in a program;</text> </paragraph> <paragraph num="(b)"> <text>Notice of proposed disqualification of a responsible principal or responsible individual;</text> </paragraph> <paragraph num="(c)"> <text>Suspension of an institution’s or local educational agency’s participation;</text> </paragraph> <paragraph num="(d)"> <text>Denial of an institution’s or local educational agency’s application for expansion funds or start-up payments; and</text> </paragraph> <paragraph num="(e)"> <text>Recovery of advances; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For all programs except the Child and Adult Care Food Program, program participation termination for an institution or site.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Actions Not Subject to an Administrative Hearing. The following actions are not subject to an administrative hearing:</text> <paragraph num="(1)"> <text>U.S. Department of Agriculture decision on claim deadline exceptions and requests for upward adjustments to a claim;</text> </paragraph> <paragraph num="(2)"> <text>Determination of serious deficiency;</text> </paragraph> <paragraph num="(3)"> <text>Disqualification and placement on the national disqualified list; and</text> </paragraph> <paragraph num="(4)"> <text>Termination of participation in a Program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice of Department’s Action.</text> <paragraph num="(1)"> <text>The institution or local educational agency shall be advised in writing of the grounds on which the Department based its action affecting the institution's participation in a program, reimbursement, or other actions noted in §A of this regulation. The notice of action shall be sent by certified mail with return receipt requested, email, and standard mail.</text> </paragraph> <paragraph num="(2)"> <text>A notice is considered received by the institution or responsible principal or responsible individual when it is delivered, sent by facsimile, or sent by email.</text> </paragraph> <paragraph num="(3)"> <text>If the notice is undeliverable, it is considered to be received by the institution, responsible principal, or responsible individual 5 days after being sent to the addressee’s last known mailing address, facsimile number, or email address.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Appeal of Agency Action and Request for a Hearing.</text> <paragraph num="(1)"> <text>Except for the Summer Food Service Program, the institution or local educational agency may request an administrative hearing by filing a written request for a hearing with the Director of the Department not later than 15 calendar days after the date the notice of action is received. The request for a hearing shall clearly identify the action appealed and contain a brief statement of the reasons for requesting a hearing.</text> </paragraph> <paragraph num="(2)"> <text>The Department's action shall remain in effect during the hearing process.</text> </paragraph> <paragraph num="(3)"> <text>Participating institutions or local educational agencies may continue to operate under the Program during the hearing process of a proposed termination unless the action is based on imminent dangers to the health or welfare of participants or for submission of a false or fraudulent claim.</text> </paragraph> <paragraph num="(4)"> <text>If the institution or local educational agency has been terminated based on imminent dangers to the health or welfare of participants, the Department shall so specify in its notice of action.</text> </paragraph> <paragraph num="(5)"> <text>Institutions or local educational agencies electing to continue operating while the proposed termination is under review shall be reimbursed for valid claims submitted during the period of review in accordance with 7 CFR Parts 210—299.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Acknowledgment. The Director shall mail written acknowledgment of receipt of the request for a hearing to the institution or local educational agency within 10 calendar days, and shall transmit the request to the Office of Administrative Hearings within 5 working days of receipt of the request for a hearing.</text> </paragraph> <paragraph num="F."> <text>Delegation to the Office of Administrative Hearings.</text> <paragraph num="(1)"> <text>The Director shall delegate a request for a review hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The review hearing shall be conducted by an administrative law judge in accordance with COMAR 28.02.01.</text> </paragraph> <paragraph num="(3)"> <text>The institution or local educational agency shall be provided with at least 10 calendar days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing.</text> </paragraph> <paragraph num="(4)"> <text>An institution may retain counsel or may be represented by an individual designated through a properly executed power of attorney form. Individuals may represent themselves or retain counsel.</text> </paragraph> <paragraph num="(5)"> <text>Except as provided in §F(6) for the Summer Food Service Program, the administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies and procedures governing the Program and shall be submitted to the Director and to the institution or local educational agency within 60 days of the Department’s receipt of the request for a hearing, unless:</text> <paragraph num="(a)"> <text>The parties jointly agree to a delay of the hearing;</text> </paragraph> <paragraph num="(b)"> <text>The administrative law judge, based on the request of one party and for good cause shown, grants a request for a delay of the hearing; or</text> </paragraph> <paragraph num="(c)"> <text>The administrative law judge delays the hearing for good cause.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Exception — Summer Food Service Program — Appeal of Department Action.</text> <paragraph num="(a)"> <text>If a hearing is requested:</text> <paragraph num="(i)"> <text>The hearing shall be held within 14 calendar days of the Department’s receipt of the request for hearing and conducted by an administrative law judge in accordance with COMAR 28.02.01;</text> </paragraph> <paragraph num="(ii)"> <text>The administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies, and procedures governing the Program and shall be submitted to the Director and to the institution or local educational agency within 5 working days of the conclusion of the hearing;</text> </paragraph> <paragraph num="(iii)"> <text>The appellant shall be allowed to refute the charges contained in the notice of action either in person or by filing a written documentation with the administrative law judge;</text> </paragraph> <paragraph num="(iv)"> <text>Written documentation shall be submitted by the appellant within 7 days of submitting the appeal, shall clearly identify the Department’s action being appealed, and shall include a photocopy of the notice of action being issued by the Department;</text> </paragraph> <paragraph num="(v)"> <text>A hearing shall be held by the administrative law judge in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter appealing the action;</text> </paragraph> <paragraph num="(vi)"> <text>Failure of the appellant or appellant’s representative to appear at a scheduled hearing shall constitute the appellant’s waiver of the right to a personal appearance before the administrative law judge, unless the administrative law judge agrees to reschedule the hearing; and</text> </paragraph> <paragraph num="(vii)"> <text>A representative of the Department shall be allowed to attend the hearing to respond to the appellant’s testimony and written information and to answer questions from the administrative law judge.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the institution or local educational agency appeals the Department action but does not request a hearing, the administrative law judge shall, within 5 working days after receipt of the appeal:</text> <paragraph num="(i)"> <text>Make a written determination based on a review of the administrative record; and</text> </paragraph> <paragraph num="(ii)"> <text>Inform the appellant and the Department of the final decision by certified mail, return receipt requested.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>Exception — Child and Adult Care Food Program — Abbreviated Administrative Review. If the institution or local educational agency appeals the Department’s action as described in §F(6) of this regulation and a hearing is requested, the Department shall limit the administrative hearing to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because:</text> <paragraph num="(a)"> <text>The information submitted on the application was false;</text> </paragraph> <paragraph num="(b)"> <text>The institution, one of its sponsored sites, or one of the principals of the institution or its sites is on the national disqualified list;</text> </paragraph> <paragraph num="(c)"> <text>The institution, one of its sponsored sites, or one of the principals of the institution or its sites is ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or</text> </paragraph> <paragraph num="(d)"> <text>The institution, one of its sponsored sites, or one of the principals of the institution or its sites has been convicted for any activity that indicates a lack of business integrity.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Exception — National School Lunch and School Breakfast Programs — Appeal of Department Action. An institution or local education agency may refute the action specified in the notice in person and by written documentation to the administrative law judge. The action may be refuted as follows:</text> <paragraph num="(a)"> <text>Written documentation shall be filed with the administrative law judge not later than 30 calendar days after the appellant received the notice;</text> </paragraph> <paragraph num="(b)"> <text>An administrative hearing shall be held as described in §F(1)—(5) of this regulation by the administrative law judge in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review; and</text> </paragraph> <paragraph num="(c)"> <text>Failure of the appellant’s local educational agency’s representative to appear at a scheduled hearing shall constitute the appellant’s local educational agency’s waiver of the right to a personal appearance before the administrative law judge unless the review official agrees to reschedule the hearing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Discovery. Information on which the Department’s action was based shall be available to the institution or local educational agency for inspection from the date of the Department’s receipt of the request for a hearing. No further discovery shall be available.</text> </paragraph> <paragraph num="H."> <text>Burden of Proof. The institution or local educational agency has the burden of proof by a preponderance of the evidence.</text> </paragraph> <paragraph num="I."> <text>Final Decision. The decision of the administrative law judge is the final agency determination of the State Department of Education in accordance with the federal regulations governing the program and shall be implemented promptly.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§5-214, 7-601—7-605, and 7-701—7-704, Annotated Code of Maryland;Federal Statutory Reference: 42 U.S.C. §§1751—1762a, 1765, 1766, 1766a, 1769a, 1772, 1773, 1776, 1779, 1788;Federal Regulatory Reference: 7 CFR 210, 215, 220, 225—227, 235, 240, 245, 250</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 23, 1967</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 and .02 adopted; amended effective May 19, 1978 (5:10 Md. R. 782); June 15, 1979 (6:12 Md. R. 1052); October 25, 1982 (9:21 Md. R. 2107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 10, 1978 (5:5 Md. R. 325); February 26, 1979 (6:4 Md. R. 278)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective May 16, 1980 (7:10 Md. R. 953); February 20, 1981 (8:4 Md. R. 344); May 29, 1981 (8:11 Md. R. 975); March 1, 1982 (9:4 Md. R. 334); March 28, 1983 (10:6 Md. R. 559); September 12, 1983 (10:18 Md. R. 1609); February 27, 1984 (11:4 Md. R. 317); September 24, 1984 (11:19 Md. R. 1667); April 8, 1985 (12:7 Md. R. 708); July 29, 1985 (12:15 Md. R. 1525); June 2, 1986 (13:11 Md. R. 1274); July 28, 1986 (13:15 Md. R. 1735); May 4, 1987 (14:9 Md. R. 1081); June 15, 1987 (14:12 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 4, 1988 (15:7 Md. R. 851)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective April 4, 1988 (15:7 Md. R. 851)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 18, 1979 (6:10 Md. R. 842)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 1, 1978 (5:24 Md. R. 1799); May 18, 1979 (6:10 Md. R. 843)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .04 repealed effective October 25, 1982 (9:21 Md. R. 2107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01 and .02 adopted effective December 7, 1992 (19:24 Md. R. 2127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective January 2, 1995 (21:26 Md. R. 2191)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective January 2, 1995 (21:26 Md. R. 2191)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective April 22, 1996 (23:8 Md. R. 607)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed and new Regulations .01—.03 adopted effective April 11, 2005 (32:7 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 3, 2011 (38:20 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 19, 2005 (32:25 Md. R. 1942); July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350); October 3, 2011 (38:20 Md. R. 1204); September 25, 2017 (44:19 Md. R. 898); December 27, 2021 (48:26 Md. R. 1112)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 28, 2008 (35:15 Md. R. 1350); October 3, 2011 (38:20 Md. R. 1204); September 25, 2017 (44:19 Md. R. 898)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective December 27, 2021 (48:26 Md. R. 1112)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04 and .05 repealed effective November 7, 2005 (32:22 Md. R.1757)</annotation> </annotations> </chapter> <chapter num="02" heading="Prekindergarten Programs"> <regulation prefix="Regulation" num=".01" heading="Scope and Purpose."> <paragraph num="A."> <text>This chapter applies to all publicly funded prekindergarten programs for all eligible 4-year-old children, as defined in Education Article, §7-101.1(a)(3), Annotated Code of Maryland, administered by local boards of education or qualified vendors.</text> </paragraph> <paragraph num="B."> <text>The overall goal of the prekindergarten program is to provide learning experiences to help children develop and maintain school readiness skills necessary for successful school performance.</text> </paragraph> <paragraph num="C."> <text>Local boards of education shall provide prekindergarten programs to accommodate all eligible 4-year-old children seeking enrollment in public school programs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accredited” means meets standards of high quality set by the Department’s Early Childhood Accreditation Program Standards or by an accrediting organization recognized by the Department.</text> </paragraph> <paragraph num="(2)"> <text>“Bridge to Excellence Master Plan” means the comprehensive master plan required by Education Article, §5-401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(4)"> <text>“CDA” means the Child Development Associate Credential.</text> </paragraph> <paragraph num="(5)"> <text>“Economically disadvantaged background” means a family whose income would make a child eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture if the child were in kindergarten.</text> </paragraph> <paragraph num="(6)"> <text>“Eligibility” means meeting the criteria for enrollment into prekindergarten as stated in Regulation .03A of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Head Start” means a federally sponsored preschool program for children 3 years old to 5 years old from low income families that is licensed by Child Care Administration or administered by local boards of education.</text> </paragraph> <paragraph num="(8)"> <text>“Homeless student” means a child or youth who lacks a fixed, regular, or adequate nighttime place of residence as defined in COMAR 13A.05.09.02.</text> </paragraph> <paragraph num="(9)"> <text>“Maryland Common Core State Curriculum” means measurable statements of what students should know and be able to do within a content area as defined and approved for prekindergarten by the Department in collaboration with local school systems.</text> </paragraph> <paragraph num="(10)"> <text>Prekindergarten” means a publicly funded program for all eligible 4-year-olds focusing on social/emotional, physical, and cognitive development as described in the Maryland Common Core State Curriculum.</text> </paragraph> <paragraph num="(11)"> <text>“Qualified vendor” means a State or nationally accredited child care program or an approved nonpublic school that:</text> <paragraph num="(a)"> <text>Is partnering with a local school system through a memorandum of agreement; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“School readiness” means the stage of early development that enables an individual child to engage in and benefit from early learning experiences. As a result of family nurturing and interactions with others, a young child in this stage has reached certain levels of social and emotional development, cognition and general knowledge, language development, and physical well-being and motor development. School readiness acknowledges individual approaches toward learning as well as the unique experiences and backgrounds of each child.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Eligibility."> <paragraph num="A."> <text>A local school system shall enroll in prekindergarten all 4-year-old applicants who are from families with economically disadvantaged backgrounds or who are homeless.</text> </paragraph> <paragraph num="B."> <text>For vacancies remaining after compliance with §A of this regulation a local school system may enroll 4-year-old applicants who are not from families with economically disadvantaged backgrounds but who represent a student population that exhibits a lack of school readiness.</text> </paragraph> <paragraph num="C."> <text>Prekindergarten Programs for 3-Year-Old Children.</text> <paragraph num="(1)"> <text>A local school system or qualified vendor may establish a prekindergarten program enrolling 3-year-old applicants who are from economically disadvantaged or homeless families, or who represent a student population that exhibits a lack of school readiness.</text> </paragraph> <paragraph num="(2)"> <text>A local school system shall be in compliance with 34 CFR §300.115(a)(b) and COMAR 13A.05.01.10 regarding children with disabilities.</text> </paragraph> <paragraph num="(3)"> <text>A prekindergarten program for 3-year-old children shall meet the requirements of Regulation .05 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Prekindergarten Site Selection."> <paragraph num="A."> <text>A local school system shall develop a facilities plan identifying appropriate sites to ensure that a publicly funded prekindergarten program is available to all eligible 4-year-old children in its jurisdiction.</text> </paragraph> <paragraph num="B."> <text>The facilities plan may include local school system memorandums of agreement with qualified vendors and Head Start to provide prekindergarten program services that meet the local school system responsibilities in accordance with Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Local School System Responsibilities."> <text>A local school system shall:</text> <paragraph num="A."> <text>A local school system shall:</text> <paragraph num="(1)"> <text>Develop and maintain a policy for determining the eligibility and selection of prekindergarten sites as well as the eligibility of 4-year-old students for prekindergarten programs consistent with the requirements of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Develop criteria in reference to Regulation .03B and C of this chapter that establishes procedures to include children in the prekindergarten program who are not eligible under Regulation .03A of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Operate the prekindergarten educational program 5 days per week for a minimum of 2.5 hours per day consistent with the school calendar approved by the local board;</text> </paragraph> <paragraph num="(4)"> <text>Analyze the Department-approved kindergarten assessment system information described in COMAR 13A.08.01.02-3 to evaluate the effectiveness of the prekindergarten program, and make necessary adjustments to the prekindergarten instructional program;</text> </paragraph> <paragraph num="(5)"> <text>Provide data in the Bridge to Excellence Master Plan needs assessment to indicate progress on prekindergarten program goals;</text> </paragraph> <paragraph num="(6)"> <text>Provide staffing for each session of prekindergarten to include a teacher who possesses a current State professional certificate in early childhood education and a para-professional with a minimum of a high school diploma, or its equivalent, or a CDA;</text> </paragraph> <paragraph num="(7)"> <text>Align each prekindergarten program with the Maryland Common Core State Curriculum;</text> </paragraph> <paragraph num="(8)"> <text>Based on the September 30 enrollment count, maintain an average staff to student ratio of 1:10 with an average of 20 students per classroom; and</text> </paragraph> <paragraph num="(9)"> <text>Provide responses to Department requests for information and data related to the operation of the prekindergarten program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A qualified vendor shall:</text> <paragraph num="(1)"> <text>Maintain State or national early childhood program accreditation;</text> </paragraph> <paragraph num="(2)"> <text>Have the capacity to meet the responsibilities identified in this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Be licensed to operate a child care center pursuant to COMAR 13A.16; and</text> </paragraph> <paragraph num="(4)"> <text>Provide responses to Department requests for information and data related to the operation of the prekindergarten program.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article §§2-205(c) and (g) and 7-101.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 8, 1999 (26:5 Md. R. 392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 repealed and new Regulations .01—.05 adopted effective April 12, 2004 (31:7 Md. R. 585)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 31, 2011 (38:22 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 14, 2010 (37:1 Md. R. 15); October 31, 2011 (38:22 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 31, 2011 (38:22 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 31, 2011 (38:22 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 31, 2011 (38:22 Md. R. 1346)</annotation> </annotations> </chapter> <chapter num="03" heading="Interscholastic Athletics in the State"> <regulation prefix="Regulation" num=".01" heading="Authorization."> <paragraph num="A."> <text>The following regulations have been established by the State Superintendent of Schools to govern the athletic program for all high school students in Maryland public secondary schools which are members of the Maryland Public Secondary Schools Athletic Association (MPSSAA).</text> </paragraph> <paragraph num="B."> <text>Local school systems may adopt rules governing their athletic programs that are more restrictive than those of the MPSSAA. Less restrictive rules may not be adopted.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <text>Student eligibility for participation in interscholastic athletics at the high school level shall be based on the following criteria:</text> <paragraph num="A."> <text>Students shall be officially registered and attending the member MPSSAA school they are authorized to attend under regulations of the local school system. They may represent only the school in which they are registered and at which it is anticipated they will complete their graduation requirements.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall establish standards of participation which assure that students involved in interscholastic athletics are making satisfactory progress toward graduation.</text> </paragraph> <paragraph num="C."> <text>Students who are 19 years old or older as of August 31 are ineligible to participate in interscholastic athletics.</text> </paragraph> <paragraph num="D."> <text>Students in grades 9, 10, 11, and 12 may participate in interscholastic athletic contests for a maximum of four seasons in any one sport.</text> </paragraph> <paragraph num="E."> <text>Middle, intermediate, or junior high school students are not eligible to compete or practice with high school teams. However, ninth grade public school students who reside in the attendance area of a high school organized grades 10—12 may participate in the interscholastic athletic program of that high school.</text> </paragraph> <paragraph num="F."> <text>Students shall maintain amateur status as defined by Regulation .10 of this chapter.</text> </paragraph> <paragraph num="G."> <text>Students, while participating on a school team, are permitted to participate on sports teams outside of school during the high school sport's season. This participation shall meet the following criteria:</text> <paragraph num="(1)"> <text>The outside participation may not conflict with the practice or contests schedule of the school including district, regional, and State championship play unless prior written approval has been obtained from the school principal and coach;</text> </paragraph> <paragraph num="(2)"> <text>Students who elect to participate on an outside team and do not participate and practice with the school team throughout the designated sport's season are ineligible to represent the school in all contests that determine a county, district, regional, or State championship during that sport season.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Students shall present to their high school principal a certificate of permission to participate signed by their parent or parents, or guardian or guardians.</text> </paragraph> <paragraph num="I."> <text>Students shall be examined and certified to the high school principal as being physically fit to participate in any try-out, practice, or contest of a school team. The examination shall be performed by a licensed physician, certified physician assistant under the supervision of a licensed physician, or certified nurse practitioner.</text> </paragraph> <paragraph num="J."> <text>Students legally transferred to another school may participate. “Legally transferred” means a change of residence or a transfer from one school to another by action approved by the local superintendent of schools.</text> </paragraph> <paragraph num="K."> <text>Graduates.</text> <paragraph num="(1)"> <text>Graduates of high schools are not eligible to practice with or participate on interscholastic sports teams. However, they may participate in the remaining athletic contests of that semester.</text> </paragraph> <paragraph num="(2)"> <text>Students are considered graduates when they have completed the work required for graduation and are declared graduates by the local board of education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Sports Season."> <text>Member MPSSAA schools shall conduct all interscholastic athletic contests and practice sessions in accordance with the following:</text> <paragraph num="A."> <text>The sports seasons shall be defined as follows:</text> <paragraph num="(1)"> <text>“Fall” means the 6th Wednesday following the first Sunday of July, until the final date of the local, conference, district, regional, or State tournament.</text> </paragraph> <paragraph num="(2)"> <text>“Winter” means November 15th until the final date of the local, conference, district, regional, or State tournament.</text> </paragraph> <paragraph num="(3)"> <text>“Spring” means March 1st until the final date of the local, conference, district, regional, or State tournament.</text> </paragraph> <paragraph num="(4)"> <text>When November 15th or March 1st falls on Sunday, practice will start the preceding Saturday.</text> </paragraph> <paragraph num="(5)"> <text>Sanctioned Events. Local school systems may approve the participation of member schools to practice and compete in sanctioned National Federation of High Schools (NFHS) and MPSSAA events outside the defined sport season.</text> </paragraph> <paragraph num="(6)"> <text>Required Practice. A member MPSSAA school may not participate in a regularly scheduled game until at least 20 calendar days have elapsed after and including the first day of practice. Golf is the only exception to this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maximum Number of Contests Permitted During a Sports Season.</text> <paragraph num="(1)"> <text>All school athletic schedules shall be established according to the following instructions:</text> <paragraph num="(a)"> <text>Badminton:</text> <paragraph num="(i)"> <text>15 regular season games;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two matches per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Three matches in one week may be scheduled twice during the season.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Baseball:</text> <paragraph num="(i)"> <text>18 regular season games or 20 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than three games per week;</text> </paragraph> <paragraph num="(iii)"> <text>A team may elect to play in one designated optional two or three-game tournament;</text> </paragraph> <paragraph num="(iv)"> <text>If a team elects to play in a designated optional three-game tournament, only 17 regular season games may be scheduled; and</text> </paragraph> <paragraph num="(v)"> <text>If a team elects to play in the designated optional two or three-game tournament, a fourth game may be played during that week.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Basketball:</text> <paragraph num="(i)"> <text>20 regular season games or 22 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two games per week;</text> </paragraph> <paragraph num="(iii)"> <text>Three games in one week may be scheduled twice during the season;</text> </paragraph> <paragraph num="(iv)"> <text>A team may elect to play in one designated optional two or three-game tournament; and</text> </paragraph> <paragraph num="(v)"> <text>If a team elects to play in a designated optional three-game tournament, only 19 regular season games may be scheduled.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Cross Country:</text> <paragraph num="(i)"> <text>10 regular season meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two meets per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Three meets in one week may be scheduled once during the season.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Field Hockey:</text> <paragraph num="(i)"> <text>12 regular season games or 14 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two games per week;</text> </paragraph> <paragraph num="(iii)"> <text>Three games in one week may be scheduled twice during the season;</text> </paragraph> <paragraph num="(iv)"> <text>A team may elect to play in one designated optional two or three-game tournament; and</text> </paragraph> <paragraph num="(v)"> <text>If a team elects to play in a designated optional three-game tournament, only 11 regular season games may be scheduled.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Football:</text> <paragraph num="(i)"> <text>10 regular season games; and</text> </paragraph> <paragraph num="(ii)"> <text>Not more than one game per week.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Golf:</text> <paragraph num="(i)"> <text>12 regular season matches; and</text> </paragraph> <paragraph num="(ii)"> <text>Not more than three matches per week.</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>Gymnastics:</text> <paragraph num="(i)"> <text>8 regular season meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two meets per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Meets may not be held on consecutive days.</text> </paragraph> </paragraph> <paragraph num="(i)"> <text>Indoor Track:</text> <paragraph num="(i)"> <text>10 regular season meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two meets per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Three meets in one week may be scheduled once during the season.</text> </paragraph> </paragraph> <paragraph num="(j)"> <text>Lacrosse:</text> <paragraph num="(i)"> <text>12 regular season games or 14 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two games per week;</text> </paragraph> <paragraph num="(iii)"> <text>Three games in one week may be scheduled twice during the season; and</text> </paragraph> <paragraph num="(iv)"> <text>A team may elect to play in one designated optional two-game tournament.</text> </paragraph> </paragraph> <paragraph num="(k)"> <text>Outdoor Track:</text> <paragraph num="(i)"> <text>10 regular season meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two meets per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Three meets in one week may be scheduled once during the season.</text> </paragraph> </paragraph> <paragraph num="(l)"> <text>Soccer:</text> <paragraph num="(i)"> <text>12 regular season games or 14 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two games per week;</text> </paragraph> <paragraph num="(iii)"> <text>Three games in one week may be scheduled twice during the season;</text> </paragraph> <paragraph num="(iv)"> <text>A team may elect to play in one designated optional two or three-game tournament; and</text> </paragraph> <paragraph num="(v)"> <text>If a team elects to play in a designated optional three-game tournament, only 11 regular season games may be scheduled.</text> </paragraph> </paragraph> <paragraph num="(m)"> <text>Softball:</text> <paragraph num="(i)"> <text>18 regular season games or 20 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than three games per week;</text> </paragraph> <paragraph num="(iii)"> <text>A team may elect to play in one designated optional two or three-game tournament;</text> </paragraph> <paragraph num="(iv)"> <text>If a team elects to play in a designated optional three-game tournament, only 17 regular season games may be scheduled; and</text> </paragraph> <paragraph num="(v)"> <text>If a team elects to play in the designated optional two or three-game tournament, a fourth game may be played during that week.</text> </paragraph> </paragraph> <paragraph num="(n)"> <text>Swimming:</text> <paragraph num="(i)"> <text>12 regular season meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two meets per week; and</text> </paragraph> <paragraph num="(iii)"> <text>Three meets in 1 week may be scheduled once during the season.</text> </paragraph> </paragraph> <paragraph num="(o)"> <text>Tennis:</text> <paragraph num="(i)"> <text>18 regular season matches; and</text> </paragraph> <paragraph num="(ii)"> <text>Not more than three matches per week.</text> </paragraph> </paragraph> <paragraph num="(p)"> <text>Volleyball:</text> <paragraph num="(i)"> <text>15 regular season matches or 14 with designated optional tournament;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two matches per week;</text> </paragraph> <paragraph num="(iii)"> <text>Three matches in one week may be scheduled twice during the season;</text> </paragraph> <paragraph num="(iv)"> <text>A team may elect to play tri-matches provided the total number of opponents does not exceed 15 during the season; and</text> </paragraph> <paragraph num="(v)"> <text>Teams may play 14 matches plus one designated optional multi-team tournament.</text> </paragraph> </paragraph> <paragraph num="(q)"> <text>Wrestling:</text> <paragraph num="(i)"> <text>14 regular season contests including dual meets and a maximum of three tournaments and three tri-meets;</text> </paragraph> <paragraph num="(ii)"> <text>Not more than two contests per week including a maximum of one tournament;</text> </paragraph> <paragraph num="(iii)"> <text>Multi-team events may be used to make up postponed contests between teams originally scheduled;</text> </paragraph> <paragraph num="(iv)"> <text>Three contests may be scheduled one time during the season on a nontournament week;</text> </paragraph> <paragraph num="(v)"> <text>A city/county/conference tournament required to qualify for the state tournament will not be counted as one of the three allowed tournaments; and</text> </paragraph> <paragraph num="(vi)"> <text>Wrestling tournaments and meets are defined by Regulation .04D(3) and (4) of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Conference/League Championships. One additional contest beyond the maximum allowable number may be played to determine a conference/league championship. The results of that contest may not count towards MPSSAA standings.</text> </paragraph> <paragraph num="(3)"> <text>Postponed Games. Postponed contests may be rescheduled during the season, provided the number of games does not exceed the maximum number permitted in a week plus one additional contest.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Operational Guidelines."> <text>The regulations given below are established for all MPSSAA interscholastic sports:</text> <paragraph num="A."> <text>Equal Opportunity for Participation.</text> <paragraph num="(1)"> <text>Students may not be excluded on the basis of sex from overall equal opportunity to participate in athletic programs. If a school sponsors a team in a particular sport for members of one sex but sponsors no such team for members of the opposite sex, and before July 1, 1975, overall opportunities for members of the excluded sex have been limited, the excluded sex shall be allowed to try out for the team.</text> </paragraph> <paragraph num="(2)"> <text>Athletics Equity for Students with Disabilities.</text> <paragraph num="(a)"> <text>Students who meet the eligibility requirements of Regulation .02 of this chapter may not be excluded on the basis of disability from the opportunity to try out for and if selected, participate in mainstream interscholastic athletic programs.</text> </paragraph> <paragraph num="(b)"> <text>Member MPSSAA schools shall provide reasonable accommodations necessary to provide students with disabilities with equal opportunities to participate to the fullest extent possible in mainstream athletic programs.</text> </paragraph> <paragraph num="(c)"> <text>Students with disabilities who meet the eligibility requirements of Regulation .02 of this chapter may be excluded from mainstream athletic programs if inclusion:</text> <paragraph num="(i)"> <text>Presents an objective safety risk to the student or others based on an individualized assessment of the student; or</text> </paragraph> <paragraph num="(ii)"> <text>Fundamentally alters the nature of the school's mainstream athletic program.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>MPSSAA Coaching Eligibility.</text> <paragraph num="(1)"> <text>Member MPSSAA schools shall employ as coaches:</text> <paragraph num="(a)"> <text>Teachers or certificated professional educators employed by the local Board of Education.</text> </paragraph> <paragraph num="(b)"> <text>Persons certifiable as professional educators by the State Department of Education according to 13A.12.01.</text> </paragraph> <paragraph num="(c)"> <text>Credentialed coaches who meet the following requirements:</text> <paragraph num="(i)"> <text>Are eligible to hold a Maryland certificate under COMAR 13A.12.01.03D;</text> </paragraph> <paragraph num="(ii)"> <text>Possess a MPSSAA/MSDE Coaching Certification;</text> </paragraph> <paragraph num="(iii)"> <text>Have completed 2 years of successful coaching as an emergency coach; and</text> </paragraph> <paragraph num="(iv)"> <text>Have spent the previous 1 year as a successful emergency coach at the school of hire in the position of hire.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>If no acceptable and qualified coaches are available from the teachers or certifiable professional educators employed by the local board of education, temporary emergency coach may be employed if the following procedures are followed:</text> <paragraph num="(a)"> <text>The person shall be officially appointed by the local superintendent of schools on a one-season basis for a specific coaching assignment;</text> </paragraph> <paragraph num="(b)"> <text>The coaching salary of the appointed coach shall be paid exclusively by the local school system;</text> </paragraph> <paragraph num="(c)"> <text>After July 1, 2010, an emergency coach is required to possess an MPSSAA/MSDE coach certification prior to the start of his or her fourth year as an emergency coach;</text> </paragraph> <paragraph num="(d)"> <text>Teams having more than one coach, emergency coaches may not comprise more than 50 percent of that sport staff;</text> </paragraph> <paragraph num="(e)"> <text>The emergency coach shall be at least 21 years old and possess a high school diploma.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All coaches shall have completed or be enrolled in a one-credit course in the prevention and care of athletic injuries.</text> </paragraph> <paragraph num="(4)"> <text>Member MPSSAA schools may permit volunteer athletic coaches to assist their coaching staff. The volunteer coaches may not serve as head coaches at any level and shall work only under the direction of the head coach. The volunteer coach may be used if the following procedures are followed:</text> <paragraph num="(a)"> <text>The volunteer coach is at least 21 years old and possesses a high school diploma or equivalent;</text> </paragraph> <paragraph num="(b)"> <text>The volunteer coach shall have completed or be enrolled in a one-credit course in the prevention and care of athletic injuries;</text> </paragraph> <paragraph num="(c)"> <text>The volunteer coach shall be formally appointed on a 1-season basis for a specific coaching assignment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Limits of Participation.</text> <paragraph num="(1)"> <text>Each local school system and state tournament committee shall establish guidelines that ensure a minimum loss of instructional time for coaches and students involved in interscholastic athletic contests.</text> </paragraph> <paragraph num="(2)"> <text>Students who participate on both varsity and junior varsity teams may not play in a number of contests that exceed the maximum number allowed for that sport in a week or season. Students may not compete on both a varsity and junior varsity level against the same school on the same day.</text> </paragraph> <paragraph num="(3)"> <text>Except as set forth in Regulation .03 of this chapter, school athletic teams may not participate in any contests representing their school.</text> </paragraph> <paragraph num="(4)"> <text>Member MPSSAA schools may not play or practice on Sundays.</text> </paragraph> <paragraph num="(5)"> <text>Individual students may participate in all-star games and events, upon completion of their eligibility in the sport in which this participation occurs.</text> </paragraph> <paragraph num="(6)"> <text>Member MPSSAA schools shall practice with or play against only high school teams as defined in §H of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>Individual students or teams representing a member MPSSAA school shall participate only in games, meets, or tournaments which are conducted by appropriate educational institutions.</text> </paragraph> <paragraph num="(8)"> <text>Member MPSSAA schools may not enter competition preliminary to a college or professional game.</text> </paragraph> <paragraph num="(9)"> <text>A varsity or junior varsity team member of the previous season may not participate in interscholastic competition and in intramurals or school sponsored athletic programs in the same sport outside the sport season.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Policies Pertaining to Wrestling.</text> <paragraph num="(1)"> <text>Students shall have their minimum weight class in which they can wrestle certified by a qualified physician before the students' first match.</text> </paragraph> <paragraph num="(2)"> <text>Students may not wrestle below the minimum weight class established for them at the time of certification.</text> </paragraph> <paragraph num="(3)"> <text>A wrestling meet is a contest involving two or three schools.</text> </paragraph> <paragraph num="(4)"> <text>A wrestling tournament is a contest involving four or more schools.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Out-of-Season Practice.</text> <paragraph num="(1)"> <text>Member MPSSAA schools and coaches of member schools shall confine school practices to:</text> <paragraph num="(a)"> <text>The seasonal limitations as defined in Regulation .03 of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>Approved local school system sponsored camps.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A coach may not coach a team representing the coach’s school beyond the defined competition opportunities designated in Regulation .03 of this chapter unless during approved local school system sponsored summer camps.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Sports Officials. Schools involved in interscholastic contests shall use only those officials certified by MPSSAA. Only qualified officials shall be used in all sports when MPSSAA certified officials are not available.</text> </paragraph> <paragraph num="G."> <text>Summer Camps.</text> <paragraph num="(1)"> <text>Students may attend a summer sports camp of their choice.</text> </paragraph> <paragraph num="(2)"> <text>Students and member schools may participate in summer camps that are sponsored by the local school system.</text> </paragraph> <paragraph num="(3)"> <text>MPSSAA member schools and coaches may not require school personnel or students to participate in a summer camp.</text> </paragraph> <paragraph num="(4)"> <text>Participation in summer camps is strictly voluntary and does not have any bearing on seasonal participation.</text> </paragraph> <paragraph num="(5)"> <text>It is a violation of the out-of-season practice rule established in Regulation .03 of this chapter for coaches of member MPSSAA schools, while affiliated with a camp that is not sponsored by the local school system, to conduct any form of team or group practice involving their school.</text> </paragraph> <paragraph num="(6)"> <text>A member MPSSAA school may not provide school uniforms or equipment for students who attend a camp outside of the defined sports season in Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Competitors.</text> <paragraph num="(1)"> <text>Member MPSSAA schools shall only practice with or play against high school teams that:</text> <paragraph num="(a)"> <text>Ensure fair competition, athlete safety, and appropriate supervision by a responsible entity;</text> </paragraph> <paragraph num="(b)"> <text>Maintain athletics as an integral part of the total educational program;</text> </paragraph> <paragraph num="(c)"> <text>Promote academic progress;</text> </paragraph> <paragraph num="(d)"> <text>Develop leadership; and</text> </paragraph> <paragraph num="(e)"> <text>Deter exploitation of students.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>High school teams that meet these purposes include high school teams that:</text> <paragraph num="(a)"> <text>Are members of a state interscholastic athletic association recognized by the National Federation of High Schools (NFHS);</text> </paragraph> <paragraph num="(b)"> <text>Have been approved to play members of a state interscholastic athletic association recognized by the NFHS;</text> </paragraph> <paragraph num="(c)"> <text>Are members of an athletic conference that:</text> <paragraph num="(i)"> <text>Formally adopts the standards of competition as established by the Maryland State Superintendent of Schools as part of its constitution and bylaws; and</text> </paragraph> <paragraph num="(ii)"> <text>Has enforcement authority; or</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Represent a school that verifies compliance with standards of competition as established by the Maryland State Superintendent of Schools.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>To verify compliance under §H(2)(d) of this regulation, the administrative head of the school who is responsible for the day-to-day administration of the school shall:</text> <paragraph num="(a)"> <text>Sign the verification provided by the Maryland State Department of Education; and</text> </paragraph> <paragraph num="(b)"> <text>Submit the verification for approval to the State Superintendent of Schools annually before the first practice or athletic competition against a member MPSSAA school team.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Violations, Penalties, and Appeals."> <paragraph num="A."> <text>Failure to comply with these regulations shall constitute a violation which will result in the following penalties against the member MPSSAA school and either the student or the coach, or both. Depending upon the severity of the violation, more than one penalty may be imposed against the member MPSSAA school, student, or coach, or all of the above. Penalties shall be imposed in the order listed below:</text> <paragraph num="(1)"> <text>Against a member MPSSAA school:</text> <paragraph num="(a)"> <text>First — Declare forfeit of all games in which the violation occurred.</text> </paragraph> <paragraph num="(b)"> <text>Second — Declare the member MPSSAA school ineligible for championship honors for the current school year in the sport in which the violation occurred.</text> </paragraph> <paragraph num="(c)"> <text>Third — Declare the member MPSSAA school on probation for one school year which shall render the school ineligible to compete in any approved State meet or tournament for that year.</text> </paragraph> <paragraph num="(d)"> <text>Fourth — Impose additional penalties as may seem justified in the particular case considered.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Against a student:</text> <paragraph num="(a)"> <text>First — Declare the student to be ineligible for the next 60 school days following the date the student was found to be in violation. These 60 school days will carry over into the next school year if the violation occurs during the second semester.</text> </paragraph> <paragraph num="(b)"> <text>Second — Declare the student to be ineligible to compete in the sport in which the violation occurred during the subsequent season.</text> </paragraph> <paragraph num="(c)"> <text>Third — Impose additional penalties as may seem justified in the particular case considered.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Against a coach:</text> <paragraph num="(a)"> <text>First — Censure.</text> </paragraph> <paragraph num="(b)"> <text>Second — Declare the coach ineligible to coach a team for the current school year in the sport in which the violation occurred.</text> </paragraph> <paragraph num="(c)"> <text>Third — Declare the coach ineligible to coach a team in any sport for the current year.</text> </paragraph> <paragraph num="(d)"> <text>Fourth — Impose additional penalties as may seem justified in the particular case considered.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Procedure.</text> <paragraph num="(1)"> <text>First — Any member MPSSAA school, student, or coach shall notify the local supervisor of interscholastic athletics and the MPSSAA Executive Director of the alleged violation.</text> </paragraph> <paragraph num="(2)"> <text>Second — The superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located shall convene a hearing within 5 school days.</text> </paragraph> <paragraph num="(3)"> <text>Third — If the superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located concludes that a violation has occurred, a penalty shall be imposed in accordance with this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Fourth — A report of the hearing and decision in the local school system shall be forwarded to the Executive Director of the MPSSAA.</text> </paragraph> <paragraph num="(5)"> <text>Fifth — The MPSSAA Executive Director, in consultation with the appropriate committees, or the Executive Council of the MPSSAA, shall review the report of the local hearing and decision in the local school system. The MPSSAA Executive Director shall either accept the penalty imposed or modify the penalty in accordance with this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Penalties imposed by local school systems for violations of local school system rules adopted in accordance with Regulations .01B and .02B shall be uniform with the penalties designated in Regulation .05A of this chapter.</text> </paragraph> <paragraph num="D."> <text>Appeals.</text> <paragraph num="(1)"> <text>A member MPSSAA school, student, or coach may appeal the imposed penalty within 30 days and request a hearing before the Appeals Committee of MPSSAA.</text> </paragraph> <paragraph num="(2)"> <text>The Appeals Committee of the MPSSAA serves in a quasi-judicial capacity.</text> </paragraph> <paragraph num="(3)"> <text>The membership of the MPSSAA Appeals Committee shall include one representative from each district in the Association and a representative from the Association of Secondary School Principals. Five members will constitute a quorum.</text> </paragraph> <paragraph num="(4)"> <text>The MPSSAA Executive Director shall notify the Appeals Committee of the hearing and establish a date, time, and hearing site. The appealing school, student, or coach, or all of the above, shall be notified of the date, site, and time of the hearing.</text> </paragraph> <paragraph num="(5)"> <text>The MPSSAA Executive Director or the Executive Director's designee shall present the case to the Appeals Committee on behalf of the MPSSAA.</text> </paragraph> <paragraph num="(6)"> <text>The principal of the involved school, the student, or coach, or all of the above, shall present grounds for appeal. If appropriate, the local school system's supervisor of interscholastic athletics involved in the appeal may present the case.</text> </paragraph> <paragraph num="(7)"> <text>The MPSSAA Appeals Committee shall convene in closed session and vote to deny or uphold the appeal or modify the penalty. A majority vote is required to deny or uphold an appeal or modify the penalty.</text> </paragraph> <paragraph num="(8)"> <text>The MPSSAA Appeals Committee shall report its findings to the concerned parties.</text> </paragraph> <paragraph num="(9)"> <text>Any party aggrieved by the MPSSAA Appeals Committee decision may appeal the decision to the State Superintendent of Schools within 30 days after receipt of the Appeals Committee decision. The State Superintendent of Schools, upon examination of the facts, may, in his or her discretion, allow the appeal and appoint a special committee of three local superintendents of schools to hear the appeal. The committee of superintendents may deny or uphold the appeal or modify the penalty.</text> </paragraph> <paragraph num="(10)"> <text>Unless otherwise ordered by the State Superintendent of Schools, the application for appeal to the State Superintendent of Schools may not stay the enforcement of the MPSSAA Appeals Committee decision, or excuse the person affected thereby from complying with its terms.</text> </paragraph> <paragraph num="(11)"> <text>The decision of the committee of local superintendents of schools is final.</text> </paragraph> <paragraph num="(12)"> <text>A member of the MPSSAA Appeals Committee or the committee of local superintendents of schools may not hear an appeal if that member has offered advice, made a recommendation, rendered a decision, or in any other way participated in the case being appealed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Classification."> <paragraph num="A."> <text>For the purpose of parity in competition in meets and tournaments administered by the MPSSAA, member schools shall be divided into classifications based on enrollment. If, in this calculation, two or more schools with equal enrollments fall between two classifications, they shall be placed in the lower classification.</text> </paragraph> <paragraph num="B."> <text>The local superintendent of schools shall submit to the MPSSAA Executive Director a report on the actual school enrollment of students in Grades 9, 10, and 11 in each of the member MPSSAA schools as of September 30, in each even-numbered year. The MPSSAA Executive Director and Classification Committee shall present a recommendation for classification of member schools for each MPSSAA-administered sport to the MPSSAA Board of Control for adoption. Classification shall be determined every 2 years based on the September 30 enrollment of the previous year.</text> </paragraph> <paragraph num="C."> <text>When the MPSSAA Board of Control adopts classifications for member schools, the classifications shall remain in effect for the next 2 school years.</text> </paragraph> <paragraph num="D."> <text>A new member MPSSAA school that opens or a member school whose enrollment is significantly changed by growth or consolidation during the two-year period shall be placed in the proper classification by the Classification Committee. “Significantly changed” means a decrease or an increase in enrollment of more than 25 percent. This new placement shall affect only the involved school and may not affect the classification of other member schools.</text> </paragraph> <paragraph num="E."> <text>When a member MPSSAA school does not have all three grades included in the enrollment figures upon which the classification is based in the even-numbered year, but will have all three grades in the following odd-numbered year when classification becomes effective, the enrollment figure shall include the existing grades and average of the current class sizes applied to each projected grade.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="State Tournament Policies."> <paragraph num="A."> <text>The MPSSAA games or tournament committees representing all of the districts shall administer and supervise tournaments in the various sports at the district, regional, and State level.</text> </paragraph> <paragraph num="B."> <text>All participating schools shall abide by the rules established by each MPSSAA tournament committee.</text> </paragraph> <paragraph num="C."> <text>Although certain aspects of a tournament may vary from year to year, the following basic policies shall be observed by all tournament committees:</text> <paragraph num="(1)"> <text>The tournament may not interfere with local board of education policy.</text> </paragraph> <paragraph num="(2)"> <text>A member MPSSAA school or local school system may decide whether or not to participate in the tournament.</text> </paragraph> <paragraph num="(3)"> <text>A member MPSSAA school shall compete in its classification when the tournament is so structured.</text> </paragraph> <paragraph num="(4)"> <text>Certified and approved officials' organizations shall be assigned games in a fair, equitable, and nondiscriminatory manner.</text> </paragraph> <paragraph num="(5)"> <text>All awards and recognition shall conform to Regulation .08 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>MPSSAA tournament committees shall make every effort to establish game sites to avoid extensive travel for participating teams.</text> </paragraph> <paragraph num="(7)"> <text>All policy and procedure changes for State tournaments shall be subject to the approval of the MPSSAA Executive Council with the Association Tournament Committee serving in an advisory capacity. Emergency decisions on tournament policies and procedures may be made by the MPSSAA Executive Director.</text> </paragraph> <paragraph num="(8)"> <text>When a student is found ineligible during the progress of a tournament, the contest last played shall be forfeited, and the team which was defeated shall take its place.</text> </paragraph> <paragraph num="(9)"> <text>“All-star teams” or best “individual athlete” awards may not be selected from approved tournaments.</text> </paragraph> <paragraph num="(10)"> <text>Sports at the State tournament level shall be governed by approved game rules.</text> </paragraph> <paragraph num="(11)"> <text>If a team or any students participating in a State tournament contest leaves the field of competition before completion of a contest, or fails to continue play when eligible to do so, or is guilty of misconduct detrimental to the tournament, then the team, coach, or students may be suspended from further participation in the current tournament, and from the same tournament in the succeeding year, upon the determination of the tournament committee and the Executive Director.</text> </paragraph> <paragraph num="(12)"> <text>The rules of the MPSSAA do not provide authority to order games replayed. Protests arising from decisions and interpretations by officials during the game will not be considered. Officials' decisions and interpretations are final.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Expansion of any sport to the State level shall be recommended by the State Board of Control of the MPSSAA and approved by the State Superintendent of Schools after consultation with local superintendents of schools.</text> </paragraph> <paragraph num="E."> <text>Tournament rules and procedures established by the MPSSAA may be appealed on behalf of a student, coach, or school by a local superintendent of schools to the State Superintendent of Schools. The appeal shall be adjudicated by a committee of three local superintendents of schools appointed by the State Superintendent of Schools. The decision of the committee shall be final.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Awards and Recognition."> <paragraph num="A."> <text>Awards may be made as follows:</text> <paragraph num="(1)"> <text>A school, school related, or nonprofit group may purchase and present to a student for athletic achievement a school insignia, medal, pin, or similar article;</text> </paragraph> <paragraph num="(2)"> <text>Awards from outside the school may be given to individual athletes or school teams provided the awards are approved by the local superintendent, meet MPSSAA guidelines, and the presentation is made at a school-approved function.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Recognition of student athletes and teams, other than through awards, shall be limited to appreciation banquets approved by the local superintendent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Sanction Rules."> <paragraph num="A."> <text>Students or teams representing a member MPSSAA school shall participate only in contests conducted by educationally related organizations.</text> </paragraph> <paragraph num="B."> <text>Member MPSSAA schools may not compete in any contest in any other state if either school's participation violates the regulations or established policies of either state's high school interscholastic athletic authority.</text> </paragraph> <paragraph num="C."> <text>Sanctioning Guidelines.</text> <paragraph num="(1)"> <text>Sanctioning for Interstate Competition.</text> <paragraph num="(a)"> <text>Member MPSSAA schools may not compete in any of the following contests unless the contest has been sanctioned by each of the interested state authorities through the NFHS:</text> <paragraph num="(i)"> <text>Any interstate meet in which four or more schools participate;</text> </paragraph> <paragraph num="(ii)"> <text>Any competition involving schools from three or more state athletic associations;</text> </paragraph> <paragraph num="(iii)"> <text>Any interstate two school contest which is not sponsored by a NFHS state association or a state member school;</text> </paragraph> <paragraph num="(iv)"> <text>Any interstate two-school contest which involves travel outside the United States of America; or</text> </paragraph> <paragraph num="(v)"> <text>Any interstate two-school contest, regardless of distance to be traveled, which is sponsored by an individual or an organization other than a member MPSSAA high school.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A school or school system that wishes to serve as a host for an interstate contest shall file the appropriate sanction request form prior to the first play date and at least 15 days prior to the event for events within the first 2 weeks of the season.</text> </paragraph> <paragraph num="(c)"> <text>Schools participating in interstate contests shall use the National Federation contract form furnished by the MPSSAA Executive Director.</text> </paragraph> <paragraph num="(d)"> <text>In all interstate contests, each participating school shall follow the rules of the host state athletic authority.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Sanctioning for Intrastate Competition.</text> <paragraph num="(a)"> <text>Member MPSSAA schools may only compete against other member MPSSAA schools or schools approved through the Standards of Competition.</text> </paragraph> <paragraph num="(b)"> <text>Approval of the MPSSAA Executive Director is required for any intercounty contest involving more than three teams and sponsored by a non-member educational institution.</text> </paragraph> <paragraph num="(c)"> <text>The host school shall file the appropriate sanction request form with the MPSSAA Executive Director prior to the first play date and at least 15 days prior to the event for events within the first 2 weeks of the season.</text> </paragraph> <paragraph num="(d)"> <text>Member MPSSAA schools may host intercounty contests involving only other member MPSSAA schools or schools approved through the Standards of Competition without sanctioning approval.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>MPSSAA Sanction Guidelines. The following criteria shall be met for sanction approval by the MPSSAA:</text> <paragraph num="(a)"> <text>The competition may not determine a regional or national championship;</text> </paragraph> <paragraph num="(b)"> <text>The competition is not preliminary to a college or professional game;</text> </paragraph> <paragraph num="(c)"> <text>The competition is sponsored by an educational institution or similar nonprofit organization;</text> </paragraph> <paragraph num="(d)"> <text>Participation in the event is within the United States of America, does not involve loss of instructional time, and complies with the local school system policies and procedures for school-sponsored travel; and</text> </paragraph> <paragraph num="(e)"> <text>All awards shall comply with Regulation .08 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Amateur Rules."> <paragraph num="A."> <text>Students who have not used or are not using their athletic skill as players for financial gain, or who have not competed under assumed names as players, shall be considered amateurs. Employment as an instructor, counselor, or official may not be considered a violation.</text> </paragraph> <paragraph num="B."> <text>Students who have ceased to be amateurs in a particular sport may not represent their school in interscholastic athletics in that sport.</text> </paragraph> <paragraph num="C."> <text>Students who have lost amateur standing may apply for reinstatement to the MPSSAA Appeals Committee after the lapse of 60 days. The 60 days shall commence with a letter of determination from the local superintendent of schools.</text> </paragraph> <paragraph num="D."> <text>Students may not lose amateur standing by playing with or against professional players as long as they do not receive pay for their services.</text> </paragraph> <paragraph num="E."> <text>Students shall lose their amateur status in a particular sport if they sign a professional contract in that sport.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Amendments."> <paragraph num="A."> <text>Proposed written amendments to these regulations may be submitted only by a member MPSSAA school, local superintendent of schools, MPSSAA committee, or the MPSSAA Executive Director. Proposed amendments shall be received by the MPSSAA Executive Director at least 45 days before the annual meeting of the MPSSAA Board of Control.</text> </paragraph> <paragraph num="B."> <text>Upon receipt, proposed amendments shall be referred to the Constitution Committee for appropriate action and recommendation.</text> </paragraph> <paragraph num="C."> <text>Notice of the proposed amendments shall be sent to each member MPSSAA school, local superintendent of schools, and the State Superintendent of Schools at least 15 days before the annual legislative meeting of the MPSSAA.</text> </paragraph> <paragraph num="D."> <text>Ratification of the proposed amendments shall require a majority vote of the delegates present at the annual legislative meeting of the MPSSAA.</text> </paragraph> <paragraph num="E."> <text>Amendments approved by the MPSSAA shall be forwarded to the State Superintendent of Schools who will receive recommendations from local superintendents of schools before the State Superintendent of Schools submits recommendations to the State Board of Education.</text> </paragraph> <paragraph num="F."> <text>The amendments approved by the State Board of Education shall be in effect according to the date established by the Board.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 2-303(k), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 1, 1975 (2:22 Md. R. 1373)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .04, .07A, .09A, and .12 amended effective August 4, 1976 (3:16 Md. R. 853)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02A, F, .03B, .04, and .07C amended effective August 31, 1977 (4:18 Md. R. 1399)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02F, J; .03B; .04B; .05; and .07C amended effective September 19, 1980 (7:19 Md. R. 1808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective February 27, 1984 (11:4 Md. R. 317); August 27, 1984 (11:17 Md. R. 1493)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B, .04B, .06D, .07C amended effective August 10, 1979 (6:16 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B and .04B amended, .05 repealed, and new .05 adopted effective October 24, 1983 (10:21 Md. R. 1903)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B, .05, and .09A, E, G, H amended effective August 11, 1978 (5:16 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B and .11A amended effective August 2, 1982 (9:15 Md. R. 1517)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04B, .07C, and .11 amended effective August 31, 1981 (8:17 Md. R. 1420)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06E, .09I, and .10E adopted effective August 10, 1979 (6:16 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 repealed effective August 10, 1979 (6:16 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 15, 1988 (15:16 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective August 14, 1989 (16:17 Md. R. 1882); adopted permanently effective December 25, 1989 (16:25 Md. R. 2713); August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective September 12, 1994 (21:18 Md. R. 1511)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02G amended effective August 31, 1992 (19:17 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02I amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 19, 2013 (40:16 Md. R. 1345); August 22, 2022 (49:17 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 21, 2008 (35:8 Md. R. 807)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 6, 1997 (24:20 Md. R. 1405); September 1, 2003 (30:17 Md. R. 1204); January 7, 2016 (42:26 Md. R. 1596); December 27, 2021 (48:26 Md. R. 1112)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A-1 adopted effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective December 24, 1990 (17:25 Md. R. 2908); August 31, 1992 (19:17 Md. R. 1608); November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective December 27, 2021 (48:26 Md. R. 1112); August 22, 2022 (49:17 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective January 6, 2005 (31:26 Md. R. 1864); July 3, 2006 (33:13 Md. R. 1064)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 6, 1997 (24:20 Md. R. 1405); August 22, 2022 (49:17 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective August 22, 2022 (49:17 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04J adopted effective July 3, 2006 (33:13 Md. R. 1064)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective August 31, 1992 (19:17 Md. R. 1608); July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective August 31, 1992 (19:17 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, B amended effective August 27, 2018 (45:17 Md. R. 804)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, E amended effective December 24, 1990 (17:25 Md. R. 2908)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, C amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E adopted effective August 31, 1992 (19:17 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B, C, G amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09E, H amended effective December 19, 2005 (32:25 Md. R. 1943)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, C amended effective August 19, 2013 (40:16 Md. R. 1345)</annotation> </annotations> </chapter> <chapter num="04" heading="Corollary Athletic Programs"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to define the requirements for a Corollary Athletic Program in the local school systems to provide athletic opportunities so that every student in public schools may have an equal opportunity to access the benefits of education-based athletic programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Corollary Athletic Program” means a program that is not governed by the requirements of COMAR 13A.06.03 and COMAR 13A.04.13 and that is specifically designed to combine groups of students with and without disabilities together in physical activity.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>Interscholastic Athletic Programs means programs governed by the requirements of COMAR 13A.06.03.</text> </paragraph> <paragraph num="(4)"> <text>“Student with a disability” means:</text> <paragraph num="(a)"> <text>A student who meets the definition of a “handicapped person” at 45 C.F.R. §84.3(j);</text> </paragraph> <paragraph num="(b)"> <text>A student who meets the definition of student with a disability as defined in COMAR 13A.05.01.03B; or</text> </paragraph> <paragraph num="(c)"> <text>A student who meets the definition of a “handicapped person” as defined in 34 C.F.R. §104.3(j).</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Access to School Athletic Programs."> <text>Each local school system shall:</text> <paragraph num="A."> <text>Develop a plan, policies and procedures to promote and protect the inclusion of students with disabilities in school athletic programs;</text> </paragraph> <paragraph num="B."> <text>Provide students with disabilities equivalent opportunities for participation in either the Interscholastic Athletic Program or the Corollary Athletic Program; and</text> </paragraph> <paragraph num="C."> <text>Maintain evidence indicating that the interests and abilities of students with disabilities have been fully and effectively accommodated by the local school systems Interscholastic Athletic or Corollary Athletic Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Corollary Athletic Programs."> <paragraph num="A."> <text>Corollary Athletic Programs shall provide for the diversity of abilities and interests of students with disabilities.</text> </paragraph> <paragraph num="B."> <text>The local school system shall offer a Corollary Athletic Program in each of the fall, winter and spring seasons. The dates of the fall, winter and spring seasons do not need to match the dates prescribed in COMAR 13A.06.03. The sport season for the Corollary Athletic Program shall be limited to a maximum of 12 consecutive weeks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Eligibility for Corollary Athletic Programs."> <paragraph num="A."> <text>Students in grades K-8 who participate in the Corollary Athletic Program shall:</text> <paragraph num="(1)"> <text>Be officially registered and attending a Maryland Public School; and</text> </paragraph> <paragraph num="(2)"> <text>Present to their school principal, or the principal's designee, a form from a parent or guardian giving permission for participation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Secondary school students in grades 9-12 who participate in the Corollary Athletic Program:</text> <paragraph num="(1)"> <text>Shall be officially registered and attending a Maryland Public School;</text> </paragraph> <paragraph num="(2)"> <text>Shall present to their high school principal, or the principal's designee, a form from a parent or guardian giving permission for participation;</text> </paragraph> <paragraph num="(3)"> <text>Shall be making satisfactory progress toward:</text> <paragraph num="(a)"> <text>Graduation with a Maryland High School Diploma specified in COMAR 13A.03.02.09B; or</text> </paragraph> <paragraph num="(b)"> <text>School completion with a Maryland High School Certificate of Program Completion specified in COMAR 13A.03.02.09D; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>May not have participated on an interscholastic athletic team in the same sport.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a student acquires a disability during their years of participation in interscholastic ports, the local school system may permit an exception to §B(4) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Complaints and Appeal Process."> <paragraph num="A."> <text>Parents, guardians and legal representatives of students with disabilities may file a written complaint with the local superintendent regarding an alleged violation of this chapter.</text> </paragraph> <paragraph num="B."> <text>The written complaint shall:</text> <paragraph num="(1)"> <text>State the alleged violation;</text> </paragraph> <paragraph num="(2)"> <text>Contain a brief statement of facts necessary to understand the complaint;</text> </paragraph> <paragraph num="(3)"> <text>Contain a brief statement of relief sought; and</text> </paragraph> <paragraph num="(4)"> <text>Be filed within 30 days of the discovery date of the alleged violation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The appeals process set forth in Education Article, §4-205(c), Annotated Code of Maryland, including an appeal to the State Board from a local board's decision on the complaint shall govern the processing of the complaint.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Corrective Actions."> <text>In response to systemic complaints filed alleging on-going violations of this chapter or at its discretion, the Department may initiate a fact-finding process and may impose corrective action on a school system.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Annual Reports."> <paragraph num="A."> <text>First Annual Report. Local school systems shall submit the first Annual Report on May 15, 2010. It shall:</text> <paragraph num="(1)"> <text>State the total number of students who participated in the Interscholastic Athletic Program and the Corollary Athletic Program along with the total number of students with disabilities as defined in Regulation .02B of this chapter who participated in the Interscholastic Athletic Program and the Corollary Athletic Program; and</text> </paragraph> <paragraph num="(2)"> <text>Provide a copy of the plans, policies and procedures developed by the local school systems under Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Subsequent Reports. Local school systems shall:</text> <paragraph num="(1)"> <text>Submit Annual Reports on May 15;</text> </paragraph> <paragraph num="(2)"> <text>Describe modifications of policies and procedures by the local school system to engage students with disabilities in the Interscholastic Athletic Program and the Corollary Athletic Program; and</text> </paragraph> <paragraph num="(3)"> <text>State the total number of students who participated in the Interscholastic Athletic Program and the Corollary Athletic Program along with the total number of students with disabilities as defined in Regulation .02B of this chapter who participated in the Interscholastic Athletic Program and the Corollary Athletic Program.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§7-4B-01—7-4B-06, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="05" heading="Purchase and Use of Accessible Teaching and Learning Materials"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to direct school systems to develop policies and procedures for the purchase and acquisition of accessible textbooks and supplemental curricular resources, in print and digital formats, that support teaching and learning in and out of the classroom.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accessible educational materials (AEM)” means print- and technology-based educational materials, including printed and electronic textbooks and related core materials that are designed or converted in a way that makes them usable across the widest range of individual variability regardless of format (print, digital, audio, video, etc.).</text> </paragraph> <paragraph num="(2)"> <text>“Accessible technology” means any device, hardware, software, or handheld equipment that provides access to activities for everyone, including those with disabilities, and is designed to provide all individuals the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services with equivalent ease of use.</text> </paragraph> <paragraph num="(3)"> <text>“Digital device” means an electronic device that uses discrete, numerable data and processes for all its operations.</text> </paragraph> <paragraph num="(4)"> <text>“Digital learning” means any instructional practice that uses technology to support the student and/or educator learning experience.</text> </paragraph> <paragraph num="(5)"> <text>“Digital learning resources” means digital materials and technologies that support teaching and learning.</text> </paragraph> <paragraph num="(6)"> <text>“eTextbook” or “e-book” means a book made available in a digital format for display on a digital device.</text> </paragraph> <paragraph num="(7)"> <text>“National Instructional Materials Access Center (NIMAC)” means a service that provides a national repository of source files for accessible media production of textbooks and related print core materials for use by eligible PreK—12 students.</text> </paragraph> <paragraph num="(8)"> <text>Open Educational Resources (OERs).</text> <paragraph num="(a)"> <text>“Open educational resources (OERs)” means free and openly licensed digital educational materials that can be used for teaching, learning, research, and other purposes and are used and modified based on open licensing.</text> </paragraph> <paragraph num="(b)"> <text>“Open educational resources (OERs)” includes full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Public Agency.</text> <paragraph num="(a)"> <text>“Public agency” means an institution that provides educational services to students with disabilities from 3 to 21 years old and in accordance with the student’s IEP.</text> </paragraph> <paragraph num="(b)"> <text>“Public agency” includes the Maryland State Department of Education, local school systems, the SEED School, the Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Textbook” means a book available in print or digital format or a compilation of digital instructional resources that support content standards and curriculum.</text> </paragraph> <paragraph num="(11)"> <text>“Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018)” means a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requirements."> <paragraph num="A."> <text>Each local board of education shall prepare policies and procedures related to:</text> <paragraph num="(1)"> <text>The selection, acquisition, equitable distribution, and sustainability of available, quality-assured digital formats of textbooks (i.e., eTextbooks, e-books, or a compilation of OERs), digital devices, and digital learning resources for all students;</text> </paragraph> <paragraph num="(2)"> <text>The selection and availability of equitable Accessible Educational Materials (AEM) to meet the needs of all students; and</text> </paragraph> <paragraph num="(3)"> <text>The privacy and acceptable use of digital devices and resources.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each local board of education shall notify all students’ parents and guardians of these policies and procedures.</text> </paragraph> <paragraph num="C."> <text>Each local board of education shall annually train special education directors, principals, and other purchase specialists on the policies and procedures for purchasing and using accessible teaching and learning materials to ensure enforcement of the policies and procedures.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Accessibility of Print Materials."> <paragraph num="A."> <text>When acquiring print materials, each local board of education and public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when acquiring print or textbook-related supplemental resources for students who meet the NIMAC eligibility criteria.</text> </paragraph> <paragraph num="B."> <text>Each local board of education and public agency shall provide equitable access to print instructional materials in a timely manner to students with disabilities who do not meet the NIMAC eligibility criteria.</text> </paragraph> <paragraph num="C."> <text>If a local board of education or public agency chooses not to coordinate with the NIMAC, the local board of education or public agency shall provide an assurance to the Department that purchases meet standards set forth in 34 CFR §300.172.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Accessibility of Digital Learning Resources."> <text>Each local board of education and public agency shall comply with WCAG 2.1 Level AA (June 5, 2018) when purchasing or selecting digital learning resources to provide equitable learning opportunities for all students.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-910, and 8-408, Annotated Code of Maryland;34 CFR §§300.210 and 300.172(e)(1)(i)</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1989 (15:27 Md. R. 3135)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective April 29, 2002 (29:8 Md. R. 701)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C, D amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 under School Supplies and Equipment repealed and new Regulations .01—.06 under Purchase and Use of Accessible Teaching and Learning Materials adopted effective October 21, 2019 (46:21 Md. R. 894)</annotation> </annotations> </chapter> <chapter num="06" heading="Safety Equipment"> <regulation prefix="Regulation" num=".01" heading="Protective Eye Devices."> <text>Regulations governing the use and care of protective eye devices in the public schools of Maryland shall include the following:</text> <paragraph num="A."> <text>Career and Technology Education or Technology Education Laboratories, or Visual Arts Classrooms and Studios.</text> <paragraph num="(1)"> <text>Protective Eye Devices for General Use. All students, teachers, and visitors upon entering and participating in career and technology education or technology education laboratories, or visual arts classrooms and studios in the public schools, where the activities enumerated in the law are in progress, shall be required to wear, for general use, protective eye devices meeting the specifications of the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979 and OSHA Safety and Health Standard 29 CFR §1910.133, both of which are incorporated by reference.</text> </paragraph> <paragraph num="(2)"> <text>Protective Eye Devices for Special Areas Within a Laboratory or Visual Arts Classroom or Studio.</text> <paragraph num="(a)"> <text>These devices shall meet the standards and specifications of the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979.</text> </paragraph> <paragraph num="(b)"> <text>Face Shields. A face shield shall be worn by an individual when participating in, or exposed to the immediate vicinity, where:</text> <paragraph num="(i)"> <text>Hot molten metal or solder is being prepared, poured, or used in any form;</text> </paragraph> <paragraph num="(ii)"> <text>Heat treatment, tempering, kiln firing of any metal or other materials takes place.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Cup Goggles, Helmets, and Hand Shields.</text> <paragraph num="(i)"> <text>Gas Welding Area. An individual participating in or observing gas welding operations shall wear cup goggles with appropriate filter lenses and clear cover glass for eye protection in this activity area.</text> </paragraph> <paragraph num="(ii)"> <text>Electric Arc Welding. An individual participating in or observing electric arc welding operations shall wear a welding helmet or hand shield equipped with the appropriate filter lenses and clear cover glass for this activity.</text> </paragraph> <paragraph num="(iii)"> <text>Welding Flash Protection. Gas and electric arc welding working stations shall be screened off adequately so as to protect nonwelding students, teachers, and visitors from welding flash.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Splash-Proof Vented Goggles or Face Shields. An individual using, exposed to, or observing the use of any caustic or explosive materials shall wear a splash-proof vented goggle or a face shield protective device.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Chemical or Combined Chemical-Physical Laboratories and Visual Arts Classrooms and Studios.</text> <paragraph num="(1)"> <text>Protective eye devices shall be available in all courses in chemistry and biology, in all laboratory-centered general science courses, in physics and other physical science courses, and in ceramics, photography, and printmaking courses.</text> </paragraph> <paragraph num="(2)"> <text>Protective Eye Devices for General Use.</text> <paragraph num="(a)"> <text>A general purpose goggle of clear plastic frame and lens, sufficient to protect against splashing and spattering, as provided in the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979, shall be considered adequate for basic protection purposes.</text> </paragraph> <paragraph num="(b)"> <text>A spectacle-type protective device or a general purpose goggle cited by the American Standards Association shall be available to protect visitors to the public schools' science and art department facilities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Use of Protective Eye Devices.</text> <paragraph num="(a)"> <text>Common Classroom, Studio, or Laboratory Activity. All students, teachers, and visitors shall wear protective eye devices when caustic or explosive chemicals or hot liquids or solids are:</text> <paragraph num="(i)"> <text>Being used and manipulated by individuals within the classroom; or</text> </paragraph> <paragraph num="(ii)"> <text>Being used by groups of individuals during a laboratory or studio activity.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Individual Project Activity. When less than the total class is engaged in activities involving caustic or explosive chemicals or hot liquids or solids, appropriate protective eye devices shall be worn by individuals:</text> <paragraph num="(i)"> <text>Directly involved and all individuals adjacent to the immediate vicinity of the activity; and</text> </paragraph> <paragraph num="(ii)"> <text>Working in preparation areas of the science laboratory.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Teacher or Student Demonstrations. Every effort should be made to afford adequate protection during demonstrations. All demonstrators shall be adequately protected with eye protective devices during these periods.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Protective Eye Devices for Visitors. Protective eye devices shall be made available to all visitors entering science laboratories or visual arts classrooms and studios identified above. Visitors shall be required to wear the protective devices when caustic or explosive chemicals or hot liquids or solids are actually in use.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Provision and Maintenance of Eye Protective Devices. The local board of education shall adopt such regulations as may be necessary for the provision and maintenance of eye protective devices as required to meet the provisions of the law.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §7-407, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 22, 1980 (7:4 Md. R. 351);</annotation> <annotation type="History" subtype="Administrative History">July 1, 1988 (15:7 Md. R. 851); September 12, 1994 (21:18 Md. R. 1511)</annotation> </annotations> </chapter> <chapter num="07" heading="Student Transportation"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Accident.</text> <paragraph num="(a)"> <text>“Accident” means an occurrence or action involving a driver of a school vehicle operated by or under contract to a local school system, which results in an injury or fatality to an individual or damage to a motor vehicle or property, except as otherwise provided in 49 CFR §382.303, which is incorporated by reference, for the purpose of post-accident testing for alcohol and controlled substances.</text> </paragraph> <paragraph num="(b)"> <text>“Accident” does not include an occurrence or action involving a driver of a vehicle not registered as a school vehicle or a school charter vehicle.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Adulterated specimen” means a specimen that contains a substance that:</text> <paragraph num="(a)"> <text>Is not expected to be present in human urine; or</text> </paragraph> <paragraph num="(b)"> <text>Is expected to be present in human urine but is at a concentration so high that it is not consistent with human urine.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Alternative school vehicle” means a vehicle that is used to transport pupils from home to school or school to home as well as to and from school related activities that is neither a Type I nor a Type II school vehicle as stated in Transportation Article, §11-154, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Alternative school vehicle driver” means a driver who is seeking or has been exclusively certified at the local level to operate an alternative school vehicle.</text> </paragraph> <paragraph num="(5)"> <text>“Appreciable damage” means property damage in excess of $3,000.</text> </paragraph> <paragraph num="(6)"> <text>“Appropriate medical examination” has the meaning stated in COMAR 11.19.05.01.</text> </paragraph> <paragraph num="(7)"> <text>“Assistant supervisor of transportation” means an individual with high level management responsibilities who reports directly to the supervisor of transportation.</text> </paragraph> <paragraph num="(8)"> <text>“Behind-the-wheel instruction” means time spent driving a school vehicle during preservice or in-service instruction.</text> </paragraph> <paragraph num="(9)"> <text>“Commercial motor coach” means a bus that:</text> <paragraph num="(a)"> <text>Is at least 26,000 pounds gross vehicle weight;</text> </paragraph> <paragraph num="(b)"> <text>Has a minimum of three axles;</text> </paragraph> <paragraph num="(c)"> <text>Carries a minimum of 16 passengers, including the driver; and</text> </paragraph> <paragraph num="(d)"> <text>May be equipped with a restroom.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(11)"> <text>“External observation” means a school bus driver observation conducted from another vehicle while the school bus driver is on an established route.</text> </paragraph> <paragraph num="(12)"> <text>“Incapacitating injury” means an injury, other than fatal, that prevents the injured individual from walking, driving, or normally continuing the activities that the individual was capable of performing before the accident.</text> </paragraph> <paragraph num="(13)"> <text>“Insubordination” means violating a lawful order or failing to obey a lawful order given by a superior.</text> </paragraph> <paragraph num="(14)"> <text>“Loading zone” has the meaning stated in Transportation Article, §22-228(f)(1), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Medical review officer” means a doctor of medicine or osteopathy who:</text> <paragraph num="(a)"> <text>Is responsible for receiving laboratory results generated by this Program;</text> </paragraph> <paragraph num="(b)"> <text>Has knowledge of substance abuse disorders;</text> </paragraph> <paragraph num="(c)"> <text>Has appropriate training to interpret and evaluate a donor's confirmed laboratory positive or “unsuitable” drug test results, together with the donor's medical history and any other relevant biomedical information; and</text> </paragraph> <paragraph num="(d)"> <text>Is required to have a working knowledge of the U.S. Department of Transportation Federal Motor Carrier Safety Administration regulations applicable to the employer for which drug test results are evaluated.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Misfeasance” means performing a proper act in a wrongful or injurious manner or the improper performance of an act which might have been lawfully done.</text> </paragraph> <paragraph num="(17)"> <text>Multifunction School Activity Bus (MFSAB).</text> <paragraph num="(a)"> <text>“Multifunction School Activity Bus (MFSAB)” means an alternative school vehicle that meets school bus construction standards.</text> </paragraph> <paragraph num="(b)"> <text>“Multifunction School Activity Bus (MFSAB)” does not include a bus:</text> <paragraph num="(i)"> <text>Used to transport students to and from home or school bus stops;</text> </paragraph> <paragraph num="(ii)"> <text>That has traffic control equipment; or</text> </paragraph> <paragraph num="(iii)"> <text>That is painted school bus yellow.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Nonpublic school” means nursery school, elementary school, and secondary school as stated in COMAR 13A.09.10.02B.</text> </paragraph> <paragraph num="(19)"> <text>Off-Highway Loading Zone.</text> <paragraph num="(a)"> <text>“Off-highway loading zone” has the meaning stated in Transportation Article, §22-228(f)(2)(ii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Off-highway loading zone” includes a parking lot and school grounds.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>“On-highway loading zone” means a stop made completely off the travel portion of the roadway on a shoulder that is at least 81/2 feet wide.</text> </paragraph> <paragraph num="(21)"> <text>“On-roadway stopping” means a stop made on the travel portion of the highway, not to include the shoulder.</text> </paragraph> <paragraph num="(22)"> <text>“Personal injury” means an injury treated by a physician, dentist, or nurse, or in a hospital.</text> </paragraph> <paragraph num="(23)"> <text>“Preventable accident” means an accident in which the driver failed to do everything the driver reasonably could have done to prevent it, according to accepted standards of the National Safety Council.</text> </paragraph> <paragraph num="(24)"> <text>“Property damage” means injury to real or personal property, the amount of which is established by evidence of replacement values and cost of repairs.</text> </paragraph> <paragraph num="(25)"> <text>“Safety-sensitive function” has the meaning stated in 49 CFR §382.107, which is incorporated by reference.</text> </paragraph> <paragraph num="(26)"> <text>“School charter vehicle” has the meaning stated in Transportation Article, §13-420(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(27)"> <text>“School vehicle” has the meaning stated in transportation Article, §11-154, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(28)"> <text>“School vehicle attendant” means an individual who:</text> <paragraph num="(a)"> <text>Has applied for employment with a local school system or an entity contracting with a local school system as a school vehicle attendant;</text> </paragraph> <paragraph num="(b)"> <text>Is employed by a local school system or an entity contracting with a local school system as a school vehicle attendant; and</text> </paragraph> <paragraph num="(c)"> <text>Is certified and verified by the local school system as having met all local and state requirements to be a school vehicle attendant.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“School vehicle driver” means an individual who:</text> <paragraph num="(a)"> <text>Has applied for employment with a local school system or an entity contracting with a school system as a school vehicle driver;</text> </paragraph> <paragraph num="(b)"> <text>Is employed by a school system or an entity contracting with a school system as a school vehicle driver; or</text> </paragraph> <paragraph num="(c)"> <text>Is an owner-operator of a school vehicle; and</text> </paragraph> <paragraph num="(d)"> <text>Is certified and verified by the local school system as having met all local, state, and federal requirements to be a school vehicle driver.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“School vehicle driver trainee” means an individual who has applied for employment with a local school system or an entity contracting with a school system and is seeking Department-required certification as a school vehicle driver.</text> </paragraph> <paragraph num="(31)"> <text>“Seat belt” has the meaning stated in Transportation Article, §22-412, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(32)"> <text>“Shy bladder” means a donor is unable to provide a sufficient quantity of urine for a drug test.</text> </paragraph> <paragraph num="(33)"> <text>“Student with a disability” has the meaning stated in COMAR 13A.05.01.03B.</text> </paragraph> <paragraph num="(34)"> <text>“Substance abuse professional” means a person who meets the credentials, basic knowledge, qualifications, and training requirements in 49 CFR Part 40; Subpart O §40.281 to:</text> <paragraph num="(a)"> <text>Evaluate individuals who have violated a U.S. Department of Transportation controlled substance or alcohol regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Make recommendations concerning education, treatment, follow-up testing, and aftercare.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Substituted specimen” means a specimen that is not consistent with human urine that has been submitted by the individual being tested for a controlled substance in place of the individual's own urine.</text> </paragraph> <paragraph num="(36)"> <text>“Supervisor of transportation” means the individual designated to be responsible for the administration of the student transportation program in a local school system, or a designee.</text> </paragraph> <paragraph num="(37)"> <text>“Taxicab” has the meaning stated in COMAR 20.90.02.04.</text> </paragraph> <paragraph num="(38)"> <text>“Type I school vehicle” has the meaning stated in Transportation Article, §11-173, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(39)"> <text>“Type II school vehicle” has the meaning stated in Transportation Article, §11-174, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(40)"> <text>“Unsafe actions” means misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety.</text> </paragraph> <paragraph num="(41)"> <text>“U.S. Department of Transportation” means an agency or operating administration of the U.S. Department of Transportation administering regulations requiring alcohol testing, drug testing, or both.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the most recent version of the following documents are incorporated by reference, except that the alcohol concentration limit for disqualification is 0.02 or greater.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (as amended).</text> </paragraph> <paragraph num="(2)"> <text>U.S. Department of Transportation, Federal Motor Carrier Safety Administration 49 CFR 382, Controlled Substances and Alcohol Use and Testing (as amended).</text> </paragraph> <paragraph num="(3)"> <text>U.S. Department of Transportation, Federal Motor Carrier Safety Administration 49 CFR §§391.1, Qualifications of Drivers (as amended).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program."> <paragraph num="A."> <text>This chapter applies to the local school systems and a public residential education program under Education Article, §8-701, Annotated Code of Maryland, that provide transportation services for public school students, students with disabilities for whom transportation is provided under Education Article, §8-410, Annotated Code of Maryland, in a public school, a school maintained by a State agency, and a nonpublic school.</text> </paragraph> <paragraph num="B."> <text>A local school system is responsible for the safe operation of its student transportation system and shall conform to the regulations promulgated by the U.S. Department of Transportation and the Maryland State Board of Education, and the procedures and guidelines established by the Department.</text> </paragraph> <paragraph num="C."> <text>A school system may adopt policies and procedures that do not conflict with existing federal and State statute, rules, regulations, policies, and procedures.</text> </paragraph> <paragraph num="D."> <text>Local policies and procedures may exceed the minimum requirements established in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Local Supervisor of Transportation."> <text>A local school system shall designate an individual to be responsible for the administration of the student transportation program. The supervisor of transportation designated shall have sufficient time to perform all the duties of the position as detailed in this chapter and established by the policies of a local board of education.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="School Vehicle Driver Instructor."> <paragraph num="A."> <text>General. A school vehicle driver instructor shall:</text> <paragraph num="(1)"> <text>Be employed by or under contract with the Board of Education;</text> </paragraph> <paragraph num="(2)"> <text>Have a high school diploma or a State high-school equivalency certificate;</text> </paragraph> <paragraph num="(3)"> <text>Meet all Motor Vehicle Administration and Department requirements for school vehicle drivers contained in Regulation .06 of this chapter, unless an exception is approved in writing by the Department;</text> </paragraph> <paragraph num="(4)"> <text>Have 3 years satisfactory service as a school vehicle driver;</text> </paragraph> <paragraph num="(5)"> <text>Be certified under this regulation to conduct classroom instruction, behind-the-wheel instruction, or both.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Certification for Classroom Instruction.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, school vehicle driver instructor certification to provide classroom instruction requires successful completion of the Department-sponsored 3-day school bus driver instructor workshop.</text> </paragraph> <paragraph num="(2)"> <text>If the school vehicle driver instructor is required to provide classroom instruction before the school bus driver instructor workshop referenced in §B(1) of this regulation is available to attend, the individual shall do the following to be certified as a school vehicle driver instructor:</text> <paragraph num="(a)"> <text>Observe classroom instruction provided by a certified instructor designated by the Department; and</text> </paragraph> <paragraph num="(b)"> <text>Teach a lesson under the guidance of that certified instructor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Certification for Behind-the-Wheel Instruction. Certification to provide behind-the-wheel instruction requires that the prospective school vehicle driver instructor provide behind-the-wheel instruction to a school vehicle driver trainee while being observed by and under the direct supervision of a certified school vehicle driver instructor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="School Vehicle Driver Trainee and School Vehicle Driver Qualifications."> <paragraph num="A."> <text>School Vehicle Driver Trainee Qualifications. Before a school vehicle driver trainee transports a student in a school vehicle the trainee shall:</text> <paragraph num="(1)"> <text>Meet all licensing requirements of the Motor Vehicle Administration, including commercial driver's license requirements with appropriate endorsements;</text> </paragraph> <paragraph num="(2)"> <text>Have not more than two current points on the individual's driving record and a satisfactory past driving record as determined by the supervisor of transportation;</text> </paragraph> <paragraph num="(3)"> <text>Complete the preservice instruction required under Regulation .10A of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Have no evidence of a criminal history which would be a disqualifying condition under Regulation .07C of this chapter or an action under Regulation .07D of this chapter, either of which in the opinion of the supervisor of transportation makes the individual unfit for employment;</text> </paragraph> <paragraph num="(5)"> <text>Be 21 years old or older;</text> </paragraph> <paragraph num="(6)"> <text>Satisfactorily pass the appropriate medical examinations for school vehicle drivers under COMAR 11.19.05.01; and</text> </paragraph> <paragraph num="(7)"> <text>Receive a negative controlled substances test result required under Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>School Vehicle Driver Qualifications. A school vehicle driver shall:</text> <paragraph num="(1)"> <text>Do the following:</text> <paragraph num="(a)"> <text>Meet the requirements in §A of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Complete the in-service instruction required under Regulation .10B of this chapter;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Demonstrate the capacity to make appropriate decisions, especially in emergency situations; and</text> </paragraph> <paragraph num="(3)"> <text>Properly wear a seat belt when the school vehicle is in operation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>School Vehicle Driver Evaluations.</text> <paragraph num="(1)"> <text>A qualified school vehicle driver instructor certified under Regulation .05 of this chapter, a supervisor of transportation, or an assistant supervisor of transportation shall evaluate each driver at least once every 2 years.</text> </paragraph> <paragraph num="(2)"> <text>For regular school vehicle drivers, the evaluator shall:</text> <paragraph num="(a)"> <text>Ride with the school vehicle driver on a regularly scheduled route to or from school; or</text> </paragraph> <paragraph num="(b)"> <text>Conduct an external observation, if an external observation is approved by the supervisor of transportation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For substitute school vehicle drivers, an evaluator may conduct an evaluation over a sample route for a minimum of 30 minutes and incorporate all the elements of a regular school vehicle driver evaluation, except for student and driver interaction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="School Vehicle Driver and Trainee Disqualifying Conditions and Termination."> <paragraph num="A."> <text>A school vehicle driver or trainee who does not meet the qualifications of the evaluation under Regulation .06C of this chapter may be disqualified from driving a school vehicle at the discretion of the supervisor of transportation, unless the supervisor of transportation determines that retraining, instruction, or both, are satisfactorily completed.</text> </paragraph> <paragraph num="B."> <text>Disqualification for Driving Record.</text> <paragraph num="(1)"> <text>Except as set forth in §B(2) of this regulation, a school vehicle driver or trainee shall be disqualified from driving a school vehicle if the driving record shows three current points.</text> </paragraph> <paragraph num="(2)"> <text>If a school vehicle driver has three current points while employed as a school vehicle driver and the supervisor of transportation wishes to retain the individual as a school vehicle driver, the supervisor of transportation shall place a letter in the driver's individual personnel file listing sufficient reasons for continued qualification of the driver as a school vehicle driver.</text> </paragraph> <paragraph num="(3)"> <text>If a school vehicle driver or trainee has more than three current points, the driver may not operate a school vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Disqualification for Criminal Conduct.</text> <paragraph num="(1)"> <text>A local school system shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual:</text> <paragraph num="(a)"> <text>Has been convicted of a crime or if criminal charges are pending against the individual for a crime involving:</text> <paragraph num="(i)"> <text>Child abuse or neglect;</text> </paragraph> <paragraph num="(ii)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(iii)"> <text>Moral turpitude, if the offense bears directly on the individual's fitness to transport minors;</text> </paragraph> <paragraph num="(iv)"> <text>An alcohol or controlled substances offense defined in federal or State law, unless the supervisor of transportation determines and reports the determination in writing, to the Department's Office of Student Transportation, that the permanent disqualification should not apply because mitigating circumstances exist;</text> </paragraph> <paragraph num="(v)"> <text>A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(vi)"> <text>Any action that may endanger the safety of students being transported;</text> </paragraph> <paragraph num="(vii)"> <text>Driving a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or</text> </paragraph> <paragraph num="(viii)"> <text>Driving a vehicle other than a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Has a criminal history, including second degree assault, which in the opinion of the supervisor of transportation, makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(i) — (vii) of this regulation is permanently disqualified from operating a school vehicle in Maryland, except as provided in §C(1)(a)(iv) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(viii) of this regulation is disqualified from operating a school vehicle for a minimum of 10 years from the date of the action.</text> </paragraph> <paragraph num="(4)"> <text>A school vehicle driver or trainee who engages in conduct prohibited under Regulation .11B(2) of this chapter is disqualified from operating a school vehicle in Maryland, except as provided under Regulation .11D of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Disqualification for Unsafe Actions. Any unsafe action may lead to disqualification and termination of a school vehicle driver or trainee by the supervisor of transportation.</text> </paragraph> <paragraph num="E."> <text>Disqualification for Accidents.</text> <paragraph num="(1)"> <text>The school vehicle driver or trainee shall report to the supervisor of transportation a school vehicle accident involving personal injury or property damage as soon as practicable after the accident.</text> </paragraph> <paragraph num="(2)"> <text>A school vehicle driver or trainee who fails to report an accident as soon as practicable following the accident is disqualified from operating a school vehicle. The duration of the disqualification is at the discretion of the supervisor of transportation.</text> </paragraph> <paragraph num="(3)"> <text>An accident involving an incapacitating or fatal injury, or appreciable damage shall be reviewed by the local transportation staff.</text> </paragraph> <paragraph num="(4)"> <text>A driver who has a preventable accident involving personal injury or appreciable damage shall:</text> <paragraph num="(a)"> <text>Have a conference with the supervisor of transportation; and</text> </paragraph> <paragraph num="(b)"> <text>Attend appropriate classroom instruction if directed to do so by the supervisor of transportation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A school vehicle driver or trainee who has had two preventable accidents involving personal injury or appreciable damage in a 24-month period may not operate a school vehicle in any local school system for a period of 5 years from the date of the last accident, unless the supervisor of transportation places a letter in the driver’s personnel file documenting sufficient reasons to retain the individual as a qualified school vehicle driver.</text> </paragraph> <paragraph num="(6)"> <text>A school vehicle driver or trainee who has more than two preventable accidents involving personal injury or appreciable damage in any 24-month period is permanently disqualified from operating a school vehicle in Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Disqualified Driver Database.</text> <paragraph num="(1)"> <text>The Department’s Office of Pupil Transportation shall maintain a confidential computer database of school vehicle drivers or trainees who have been disqualified by a local school system under §§B—E of this regulation or for any other reason.</text> </paragraph> <paragraph num="(2)"> <text>The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of a school vehicle driver’s or trainee’s disqualification within 30 days of the school vehicle driver’s or trainee’s receipt of notification of the disqualification.</text> </paragraph> <paragraph num="(3)"> <text>The notification to the Department's Office of Pupil Transportation shall be in the format prescribed by the Department.</text> </paragraph> <paragraph num="(4)"> <text>On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.</text> </paragraph> <paragraph num="(5)"> <text>Within the first 4 business days after receipt of the current list of active school vehicle drivers, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="School Vehicle Attendant Qualifications and Disqualifications."> <paragraph num="A."> <text>A school vehicle attendant shall:</text> <paragraph num="(1)"> <text>Complete the preservice instruction under Regulation .10D(1) of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;</text> </paragraph> <paragraph num="(3)"> <text>Be able to exercise sound judgment to make appropriate decisions in emergency situations; and</text> </paragraph> <paragraph num="(4)"> <text>Complete the prescribed in-service instruction every 12 months under Regulation .10D(2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Disqualifications for Criminal Conduct.</text> <paragraph num="(1)"> <text>An individual may not serve as a school vehicle attendant if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:</text> <paragraph num="(a)"> <text>Child abuse or neglect;</text> </paragraph> <paragraph num="(b)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(c)"> <text>Moral turpitude, if the offense bears directly on the individual's fitness to assist minors;</text> </paragraph> <paragraph num="(d)"> <text>A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(e)"> <text>Any conduct that may endanger the safety of students being transported.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §B(1) of this regulation, is permanently disqualified from serving as a school vehicle attendant.</text> </paragraph> <paragraph num="(3)"> <text>An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as a school vehicle attendant for a period of 10 years from the date of the action.</text> </paragraph> <paragraph num="(4)"> <text>An individual may not serve as a school vehicle attendant if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the school vehicle attendant by the supervisor of transportation.</text> </paragraph> <paragraph num="D."> <text>Disqualified Attendant Database.</text> <paragraph num="(1)"> <text>The Department’s Office of Pupil Transportation shall maintain a confidential computer database of attendants or trainees who have been disqualified by a local school system under §§B and C of this regulation or for any other reason.</text> </paragraph> <paragraph num="(2)"> <text>The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of an attendant’s or trainee’s disqualification within 30 days of the attendant’s or trainee’s receipt of notification of the disqualification.</text> </paragraph> <paragraph num="(3)"> <text>The notification shall be in the format prescribed by the Department.</text> </paragraph> <paragraph num="(4)"> <text>On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of attendants. The list shall be in an electronic format prescribed by the Department.</text> </paragraph> <paragraph num="(5)"> <text>Within the first 4 business days after receipt of the current list of active attendants, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an attendant is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Alternative School Vehicle Driver Qualifications and Disqualifications."> <paragraph num="A."> <text>An alternative school vehicle driver shall:</text> <paragraph num="(1)"> <text>Meet all licensing requirements of the Motor Vehicle Administration for a Class A or Class M vehicle respectively;</text> </paragraph> <paragraph num="(2)"> <text>Have not more than two current points on the individual’s driving record and a satisfactory past driving record as determined by the local supervisor of transportation;</text> </paragraph> <paragraph num="(3)"> <text>Be 21 years old or older;</text> </paragraph> <paragraph num="(4)"> <text>Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;</text> </paragraph> <paragraph num="(5)"> <text>Receive a negative controlled substance test result; and</text> </paragraph> <paragraph num="(6)"> <text>As permitted, be included in the MVA Licensing Monitoring System.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Alternative School Vehicle Driver Training.</text> <paragraph num="(1)"> <text>Alternative school vehicle drivers shall have 4 hours of preservice classroom instruction and 1 hour of behind the wheel instruction.</text> </paragraph> <paragraph num="(2)"> <text>Alternative school vehicle drivers shall complete 2 hours of in-service training annually that shall include topics contained in the National Safety Council's Defensive Driving Course.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Disqualifications for Criminal Conduct.</text> <paragraph num="(1)"> <text>An individual may not serve as an alternative school vehicle driver if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:</text> <paragraph num="(a)"> <text>Child abuse or neglect;</text> </paragraph> <paragraph num="(b)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(c)"> <text>Moral turpitude, if the offense bears directly on the individual's fitness to assist minors;</text> </paragraph> <paragraph num="(d)"> <text>A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(e)"> <text>Any conduct that may endanger the safety of students being transported.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §C(1) of this regulation, is permanently disqualified from serving as an alternative school vehicle driver.</text> </paragraph> <paragraph num="(3)"> <text>An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as an alternative school vehicle driver for a period of 10 years from the date of the action.</text> </paragraph> <paragraph num="(4)"> <text>An individual may not serve as an alternative school vehicle driver if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the alternative school vehicle driver by the supervisor of transportation.</text> </paragraph> <paragraph num="E."> <text>Disqualification for Driving Record. If an alternative school vehicle driver has three or more current points, they shall be disqualified and the driver may not operate an alternative school vehicle.</text> </paragraph> <paragraph num="F."> <text>Disqualified Alternative School Vehicle Driver Database.</text> <paragraph num="(1)"> <text>The Department’s Office of Pupil Transportation shall maintain a confidential computer database of alternative school vehicle drivers who have been disqualified by a local school system under §§C, D, and E of this regulation or for any other reason.</text> </paragraph> <paragraph num="(2)"> <text>The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of an alternative school vehicle driver disqualification within 30 days of the alternative school vehicle driver receipt of notification of the disqualification.</text> </paragraph> <paragraph num="(3)"> <text>The notification shall be in the format prescribed by the Department.</text> </paragraph> <paragraph num="(4)"> <text>On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.</text> </paragraph> <paragraph num="(5)"> <text>Within the first 4 business days after receipt of the current list of active alternative school vehicle drivers, the Department's Office of Pupil Transportation shall match that list with the Department's confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active alternative school vehicle driver is listed on the Department's computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise of their next appropriate action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Instructional Content Requirements."> <paragraph num="A."> <text>Preservice Instruction for School Vehicle Drivers.</text> <paragraph num="(1)"> <text>A trainee shall satisfactorily complete a minimum of 8 hours of classroom instruction in the core units of the school bus driver instructional program developed by the Department, including:</text> <paragraph num="(a)"> <text>First aid;</text> </paragraph> <paragraph num="(b)"> <text>Railroad grade crossing safety; and</text> </paragraph> <paragraph num="(c)"> <text>Bridge crossing safety.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All or a portion of the classroom instruction required under §A(1) of this regulation may be waived by the supervisor of transportation if the trainee is currently certified by a local school system.</text> </paragraph> <paragraph num="(3)"> <text>A trainee shall receive a minimum of 9 hours behind-the-wheel instruction, except if the trainee is:</text> <paragraph num="(a)"> <text>A current holder of a commercial driver's license with a passenger and school bus endorsement for 3 years, and has received a minimum of 3 hours of behind-the-wheel instruction; or</text> </paragraph> <paragraph num="(b)"> <text>Currently certified as a school vehicle driver by a local school system, and has received a minimum of 3 hours of behind-the-wheel instruction.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Class size shall be conducive to individualized instruction.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In-Service Instruction for School Vehicle Drivers.</text> <paragraph num="(1)"> <text>At least 6 hours of in-service instruction shall be provided annually.</text> </paragraph> <paragraph num="(2)"> <text>Five hours shall have an emphasis on safety procedures, strategies, and laws.</text> </paragraph> <paragraph num="(3)"> <text>In-service instruction topics:</text> <paragraph num="(a)"> <text>Shall be selected from the core or advanced units of the school vehicle driver instruction program developed by the Department; and</text> </paragraph> <paragraph num="(b)"> <text>May include other topics contained in the National Safety Council's Defensive Driving Course, controlled substances and alcohol regulations, or personnel and student safety issues.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>One hour of the 6 hours of in-service instruction may be on-the-bus observation, instruction, or both.</text> </paragraph> <paragraph num="(5)"> <text>In-service instruction in the following topics shall be given at least once every 3 years:</text> <paragraph num="(a)"> <text>First aid; and</text> </paragraph> <paragraph num="(b)"> <text>Bridge and railroad grade crossing.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Class size shall be limited to 35 students except as provided in §B(7) of this regulation. If the number of students exceeds 35, the session does not meet the State instructional requirements.</text> </paragraph> <paragraph num="(7)"> <text>A maximum of two large-group safety meetings of more than 35 students, not to exceed 2 hours each, may be provided each year.</text> </paragraph> <paragraph num="(8)"> <text>At least 2 of the 6 hours per year of in-service instruction shall be conducted in classes of not more than 35 students.</text> </paragraph> </paragraph> <paragraph num="C."> <text>School Vehicle Driver Recertification.</text> <paragraph num="(1)"> <text>A school vehicle driver who has been deleted from a school system's driver roster for 1 year or less may be recertified as a school vehicle driver if the individual satisfactorily completes refresher training that includes a minimum of 3 hours of classroom instruction and 3 hours of behind-the-wheel instruction, unless the supervisor of transportation determines less refresher training is necessary.</text> </paragraph> <paragraph num="(2)"> <text>An explanation to support the decision to require less than the minimum refresher training shall be placed in the school vehicle driver's personnel file.</text> </paragraph> <paragraph num="(3)"> <text>If a school vehicle driver has been deleted from the school system’s driver roster for more than 1 year, the school vehicle driver shall complete all school vehicle trainee qualifications as required under Regulation .06A of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>School Vehicle Attendant Instruction.</text> <paragraph num="(1)"> <text>Preservice Instruction. Before riding in the capacity of a school vehicle attendant on a school vehicle with students on board, a school vehicle attendant shall complete a minimum of 4 hours of preservice instruction that includes:</text> <paragraph num="(a)"> <text>1 hour of instruction in first aid; and</text> </paragraph> <paragraph num="(b)"> <text>1 hour of instruction appropriate to the duties of the school vehicle attendant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In-Service Instruction. A school vehicle attendant annually shall complete 2 hours of in-service instruction in topics that include equipment, student management, and first aid.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Instructional Records. A local school system shall maintain attendance records, electronic or printed format, of all preservice and in-service instructional sessions which include the following information, as appropriate:</text> <paragraph num="(1)"> <text>Name of the trainee, driver, or attendant;</text> </paragraph> <paragraph num="(2)"> <text>Name of the instructor;</text> </paragraph> <paragraph num="(3)"> <text>Dates of instruction;</text> </paragraph> <paragraph num="(4)"> <text>Number of hours of classroom instruction and topics of instruction; and</text> </paragraph> <paragraph num="(5)"> <text>Number of hours of behind-the-wheel instruction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Alcohol and Controlled Substances Use and Testing."> <paragraph num="A."> <text>Testing Program Required.</text> <paragraph num="(1)"> <text>A local school system shall implement an alcohol and controlled substances testing program for all school vehicle drivers, or shall certify to the Department that all school vehicle drivers are participating in an alcohol and controlled substances testing program.</text> </paragraph> <paragraph num="(2)"> <text>The testing program shall meet the standards established in 49 CFR 40 and 382, which are incorporated by reference by this chapter and by applicable Maryland law, except that the alcohol concentration limit for disqualification is 0.02 or greater.</text> </paragraph> <paragraph num="(3)"> <text>A controlled substances test shall be administered as part of the application process and prior to the offer of employment as a school vehicle driver trainee.</text> </paragraph> <paragraph num="(4)"> <text>An alcohol or controlled substances test shall be administered as soon as practicable if a supervisor of transportation, who has received training in identifying the signs and symptoms of controlled substances and alcohol abuse or use, has determined there is reasonable suspicion that a school vehicle driver or trainee is using alcohol or a controlled substance.</text> </paragraph> <paragraph num="(5)"> <text>Both a controlled substances and alcohol test, as defined in 49 CFR Parts 40 and 382, shall be performed following a school vehicle accident.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Disqualification of School Vehicle Drivers and Trainees.</text> <paragraph num="(1)"> <text>A school vehicle driver or trainee who engages in conduct prohibited by §B(2) of this regulation is permanently disqualified from operating a school vehicle in Maryland except under §D of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Prohibited conduct is:</text> <paragraph num="(a)"> <text>Having an alcohol concentration test result of 0.02 or greater on a test required under this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Possessing alcohol while on duty;</text> </paragraph> <paragraph num="(c)"> <text>Using alcohol while performing safety-sensitive functions;</text> </paragraph> <paragraph num="(d)"> <text>Using alcohol within 4 hours before or after performing safety-sensitive functions;</text> </paragraph> <paragraph num="(e)"> <text>Using alcohol within 8 hours following an accident requiring a post-accident alcohol test under 49 CFR §382.303, or until the driver undergoes the post-accident alcohol test, whichever occurs first;</text> </paragraph> <paragraph num="(f)"> <text>Refusal to submit to a controlled substances test required under this regulation;</text> </paragraph> <paragraph num="(g)"> <text>Refusal to submit to an alcohol test under this regulation;</text> </paragraph> <paragraph num="(h)"> <text>While on duty, using controlled substances legally prescribed by a licensed physician, unless the use is according to the instructions of the prescribing physician who has advised the school vehicle driver or trainee that the substance does not adversely affect the school vehicle driver’s or trainee’s ability to safely operate a school vehicle; or</text> </paragraph> <paragraph num="(i)"> <text>Testing positive for alcohol, controlled substances, or both on a test required under this regulation or by federal regulations.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school vehicle driver or trainee is determined as having refused to take a controlled substances test under §B(2)(f) of this regulation if the school vehicle driver or trainee:</text> <paragraph num="(a)"> <text>After being directed to report for testing, fails to appear for any test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time, as determined by the employer or supervisor, and consistent with regulations;</text> </paragraph> <paragraph num="(b)"> <text>If an owner-operator or self-employed school vehicle driver, fails to appear for a test when notified to do so by an employer or supervisor;</text> </paragraph> <paragraph num="(c)"> <text>Fails to remain at the testing site until the testing process is completed;</text> </paragraph> <paragraph num="(d)"> <text>Fails to provide a urine specimen for any controlled substances test required by 49 CFR Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, or State or local regulations;</text> </paragraph> <paragraph num="(e)"> <text>Fails to permit the observation or monitoring of urine specimen collection under 49 CFR §§40.67(1) and 40.69(g);</text> </paragraph> <paragraph num="(f)"> <text>Fails to provide a sufficient amount of urine when directed and when it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure to do so;</text> </paragraph> <paragraph num="(g)"> <text>Fails or declines to take a second test as directed by the employer, supervisor of transportation, or collector;</text> </paragraph> <paragraph num="(h)"> <text>Fails to undergo a medical examination or evaluation within 5 business days, as directed by the medical review officer as part of the verification process, or as directed by the employer or supervisor as part of the “shy bladder” procedures, but in the case of a pre-employment controlled substances test, the applicant is considered to have refused to test without a medical evaluation or examination only if the pre-employment test is conducted following a contingent offer of employment;</text> </paragraph> <paragraph num="(i)"> <text>Fails to cooperate with any part of the testing process, including refusing to empty pockets when directed by the collector, or behaving in a confrontational way that disrupts the collection process, and in the case of a pre-employment test, including when the testing process actually commences; or</text> </paragraph> <paragraph num="(j)"> <text>When the medical review officer reports to the employer or supervisor that the donor has a verified adulterated or substituted specimen result.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A school vehicle driver or trainee reporting for a pre-employment controlled substances test is not considered to have refused a test under this chapter if:</text> <paragraph num="(a)"> <text>The school vehicle driver or trainee leaves the testing site before the testing process actually commences; or</text> </paragraph> <paragraph num="(b)"> <text>The school vehicle driver or trainee does not leave a urine specimen because the individual left the testing site before the testing actually commences.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A school vehicle driver or trainee is determined as having refused to take an alcohol test if the school vehicle driver or trainee:</text> <paragraph num="(a)"> <text>Fails to appear for a test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time as determined by the employer or supervisor and consistent with regulations, after being directed to report for a test;</text> </paragraph> <paragraph num="(b)"> <text>In the case of a school vehicle driver or trainee who is an owner-operator or self-employed school vehicle driver or trainee, fails to appear for a test when notified to do so by an employer or supervisor;</text> </paragraph> <paragraph num="(c)"> <text>Fails to attempt or to provide an adequate amount of saliva or breath for any alcohol test required by Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, State or local regulations;</text> </paragraph> <paragraph num="(d)"> <text>Fails to provide a sufficient breath specimen and the physician has determined through a required medical evaluation that there was no adequate medical explanation for the failure;</text> </paragraph> <paragraph num="(e)"> <text>Fails to undergo a medical examination or evaluation by a licensed medical physician within 5 business days, as directed by the employer or supervisor as part of the insufficient breath procedures;</text> </paragraph> <paragraph num="(f)"> <text>Fails to sign the U. S. Department of Transportation certification at Step 2 of the alcohol test form; or</text> </paragraph> <paragraph num="(g)"> <text>Fails to cooperate with any part of the testing process.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A school vehicle driver or trainee reporting for a pre-employment test who does not provide a saliva or breath specimen under §B(2)(g) of this regulation because the applicant left the testing site before the testing commences, is not considered to have refused to test.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reporting Disqualified Drivers.</text> <paragraph num="(1)"> <text>The supervisor of transportation shall notify the Department’s Office of Pupil Transportation within 3 business days of receipt of positive controlled substances or alcohol test results.</text> </paragraph> <paragraph num="(2)"> <text>The notification shall be in the format prescribed by the Department and include the date the test was administered and the date of disqualification.</text> </paragraph> <paragraph num="(3)"> <text>The Office of Pupil Transportation of the Department shall maintain a confidential computer database of the disqualified school vehicle driver’s or trainee’s information reported by the local school systems under §C(1) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.</text> </paragraph> <paragraph num="(5)"> <text>Within the first 4 business days of the start of the month, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Return to Service of Disqualified Drivers.</text> <paragraph num="(1)"> <text>An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation may not be considered for service as a school vehicle driver in any local school system unless the individual submits to the local supervisor of transportation a statement signed by a substance abuse professional certifying under oath that the individual successfully completed the substance abuse professional’s education program, treatment recommendations, or both.</text> </paragraph> <paragraph num="(2)"> <text>An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation shall pass a return-to-duty test as required by 49 CFR §382.309, before returning to service as a school vehicle driver.</text> </paragraph> <paragraph num="(3)"> <text>An individual who has been placed in service as a school vehicle driver in accordance with the procedures described in §D(1) and (2) of this regulation shall be subject to follow-up testing for up to 60 months.</text> </paragraph> <paragraph num="(4)"> <text>A supervisor of transportation may disapprove a substance abuse professional's certificate under §D(1) of this regulation if the supervisor of transportation determines that the controlled substances or alcohol abuse rehabilitation program was not certified by the Maryland Department of Health.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Local Authority. A local school system may establish additional policies with respect to the use or possession of alcohol or controlled substances, including any consequences for a school vehicle driver found to have a specified alcohol or controlled substance level, that are based on the local school system's authority independent of this regulation and are otherwise consistent with applicable law.</text> </paragraph> <paragraph num="F."> <text>Access to Records.</text> <paragraph num="(1)"> <text>A local school system shall have immediately available all results, including documentation, of alcohol and controlled substances tests conducted under its alcohol and controlled substances use and testing program. Confidentiality of records shall be established by local school system policy.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall identify the specific records to be maintained by the school system.</text> </paragraph> <paragraph num="(3)"> <text>A school system shall have electronic access to the computer database maintained by the Department under §C(3) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="General Standards."> <paragraph num="A."> <text>A school vehicle or school charter vehicle may not be used to transport students unless a vehicle acceptance sheet as required by the Department has been completed by the supervisor of transportation and is on file in the local transportation office.</text> </paragraph> <paragraph num="B."> <text>Type I or Type II school vehicles shall be used to transport students to and from school and school related activities when local school system sponsored transportation services are provided.</text> </paragraph> <paragraph num="C."> <text>Vehicles other than Type I or Type II school vehicles and MFSAB vehicles may be used to transport students to and from school if:</text> <paragraph num="(1)"> <text>The vehicle is a taxicab;</text> </paragraph> <paragraph num="(2)"> <text>Only one student is transported;</text> </paragraph> <paragraph num="(3)"> <text>The vehicle used is a commercial motor coach; or</text> </paragraph> <paragraph num="(4)"> <text>A local board of education determines that it is necessary to own, operate, or contract the use of an alternative school vehicle for student transportation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Alternative School Vehicles.</text> <paragraph num="(1)"> <text>Local boards of education that use alternative school vehicles shall:</text> <paragraph num="(a)"> <text>Develop written policies and procedures to utilize their alternative school vehicles;</text> </paragraph> <paragraph num="(b)"> <text>Require that the use of alternative school vehicles not expressly permitted by Education Article, §7-801(c), Annotated Code of Maryland and this chapter must be approved in writing by the local school board of education and must specify the length of time that the approved use of the vehicles will remain in effect;</text> </paragraph> <paragraph num="(c)"> <text>Carryout the requirements of Transportation Article, §11-154(b)(2), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>Require that three-point safety belts and other age-appropriate safety belts and equipment be worn by all passengers and students while in motion;</text> </paragraph> <paragraph num="(e)"> <text>Require that the designated areas for loading and unloading follow COMAR 11.19.06.05B; and</text> </paragraph> <paragraph num="(f)"> <text>Have insurance coverage be the same as for other school system-owned Class A, Class M, and contractor-owned vehicles.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Alternative School Vehicle Standards.</text> <paragraph num="(1)"> <text>Unless the vehicle is a MFSAB, the vehicle shall:</text> <paragraph num="(a)"> <text>Have a Gross Vehicle Weight rating of less than 10,000 lbs. and</text> </paragraph> <paragraph num="(b)"> <text>Have a seating capacity of no more than ten passengers not including the driver.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Alternative school vehicles and MFSABs shall have the name of the school district, contractor's name, or other contact information lettered on each side of the body of the vehicle in letters of not less than 2 inches in height and not more than 4 inches in height. Decals are permitted.</text> </paragraph> <paragraph num="(3)"> <text>Alternative school vehicles and MFSABs may have the words “School Students” in black lettering at least 6 inches in height on a background of National School Bus Yellow located on both sides of the vehicle. Decals or magnetic signs are permitted. Lettering shall conform to Series B of Standard Alphabets for Highway Signs.</text> </paragraph> <paragraph num="(4)"> <text>Alternative school vehicles and MFSABs shall have an audible back up warning alarm, installed behind the rear axle, that meets the standard under COMAR 11.19.02.24</text> </paragraph> <paragraph num="(5)"> <text>Alternative school vehicles and MFSABs shall have a first aid kit, fluid clean up kit, and a fire extinguisher located in the storage area, all of which meets the standards under COMAR 11.19.02.25. The vehicle shall have a seat belt cutter that is accessible to the driver.</text> </paragraph> <paragraph num="(6)"> <text>Video cameras may be installed in alternative school vehicles and MFSABs in line with COMAR 11.19.02.39.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Alternative School Vehicle Inspections.</text> <paragraph num="(1)"> <text>Alternative school vehicles and MFSABs shall undergo two inspections each school year in line with COMAR 11.14.02.01-.26. The two inspections shall be conducted more than 120 calendar days apart.</text> </paragraph> <paragraph num="(2)"> <text>Inspections shall be conducted by the local school system and records of each inspection shall be maintained in the transportation office of the local school system.</text> </paragraph> <paragraph num="(3)"> <text>Pre/post-trip inspections may be conducted and retained at the local level.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A Type I or Type II charter vehicle shall meet the Motor Vehicle Administration requirements for such vehicles.</text> </paragraph> <paragraph num="H."> <text>This regulation does not prohibit the transportation of students by commercial motor vehicles that are not exclusively engaged in the transportation of school students or by entities subject to this chapter which own or operate these vehicles.</text> </paragraph> <paragraph num="I."> <text>Vehicles used to transport students on regular routes shall be:</text> <paragraph num="(1)"> <text>New; or</text> </paragraph> <paragraph num="(2)"> <text>Previously registered school vehicles originally used to transport Maryland public school students.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Spare Vehicles.</text> <paragraph num="(1)"> <text>Spare vehicles shall be available during the time route vehicles are in operation.</text> </paragraph> <paragraph num="(2)"> <text>Spare vehicles shall be:</text> <paragraph num="(a)"> <text>New;</text> </paragraph> <paragraph num="(b)"> <text>Previously registered regular route vehicles; or</text> </paragraph> <paragraph num="(c)"> <text>Vehicles purchased new and verified in writing by the Motor Vehicle Administration as originally used in Maryland to transport private or parochial school students.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>An electric-powered wheelchair may be transported in a school vehicle if it meets all of the following conditions:</text> <paragraph num="(1)"> <text>The battery is not of the liquid-acid type;</text> </paragraph> <paragraph num="(2)"> <text>The battery is encased in an impact-resistant container;</text> </paragraph> <paragraph num="(3)"> <text>The battery container is securely fastened to the wheelchair;</text> </paragraph> <paragraph num="(4)"> <text>The battery container lid is securely fastened to the battery container; and</text> </paragraph> <paragraph num="(5)"> <text>All electrical terminals not inside the battery container are protected from accidental contact.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Evacuations. School vehicle evacuations shall be conducted twice each school year.</text> </paragraph> <paragraph num="M."> <text>Vehicle Modification. A local school system may not permit an individual to operate a school vehicle if the individual is unable to operate the vehicle without modification of the original manufacturer's design and construction standards, unless the modification is approved in writing by the motor vehicle administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Vehicle Inspections."> <paragraph num="A."> <text>Three safety inspections and a preventive maintenance inspection shall be conducted on each public school vehicle annually in accordance with Motor Vehicle Administration regulations and inspection standards.</text> </paragraph> <paragraph num="B."> <text>The supervisor of transportation or the Department's Chief of Pupil Transportation may require additional inspections of individual vehicles at any time.</text> </paragraph> <paragraph num="C."> <text>A daily preoperational check of each vehicle shall be performed each day the vehicle is operated.</text> </paragraph> <paragraph num="D."> <text>A post-operational check shall be conducted at the end of each trip.</text> </paragraph> <paragraph num="E."> <text>A school vehicle found to be mechanically unsafe shall be immediately discontinued from use until made safe and authorized to be placed in service again by the supervisor of transportation.</text> </paragraph> <paragraph num="F."> <text>Each local school system shall have a written procedure for conducting pre-operational and post-operational checks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Routing and Operating Procedures."> <paragraph num="A."> <text>The prime consideration is the safety of riders.</text> </paragraph> <paragraph num="B."> <text>Requirement for Stops.</text> <paragraph num="(1)"> <text>Stops should be approximately 1/4 mile apart. This does not apply to routes exclusively designated for students with disabilities.</text> </paragraph> <paragraph num="(2)"> <text>On-roadway stops shall be on the travel portion of the highway, not to include the shoulder, using the eight-light safety system.</text> </paragraph> <paragraph num="(3)"> <text>Stops shall be located, if possible, to maximize the visibility of the stopped school vehicle for approaching traffic.</text> </paragraph> </paragraph> <paragraph num="C."> <text>On four-lane highways, students shall be picked up and discharged on the side of the roadway where they reside.</text> </paragraph> <paragraph num="D."> <text>The use of taxicabs shall be kept to a minimum and restricted to those times when transportation by a school vehicle is not feasible.</text> </paragraph> <paragraph num="E."> <text>School vehicles shall be routed so that all students are seated and loads do not exceed the manufacturer's rated capacity. If an emergency situation creates an overload, this condition shall be corrected within a reasonable time.</text> </paragraph> <paragraph num="F."> <text>Every reasonable effort shall be made to eliminate the need for a school vehicle carrying passengers to cross a grade-level railroad crossing. A school vehicle with students on board may not be routed across an uncontrolled high-speed railroad crossing.</text> </paragraph> <paragraph num="G."> <text>Written or electronic route descriptions shall be maintained by each local school system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="School Vehicle Loading Zones."> <paragraph num="A."> <text>Loading zones shall be approved by the local superintendent of schools, the Maryland State Police, or the local police department, in cooperation with the State Highway Administration.</text> </paragraph> <paragraph num="B."> <text>Types of Loading Zones.</text> <paragraph num="(1)"> <text>On-Roadway Loading Zones.</text> <paragraph num="(a)"> <text>The location of the loading zone shall be on the travel portion of the roadway.</text> </paragraph> <paragraph num="(b)"> <text>The eight-light safety system shall be used during the execution of on-roadway loading.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>On-Highway Loading Zones.</text> <paragraph num="(a)"> <text>The loading zone shall be at least 81/2 feet wide and located completely off the roadway. It may be paved, but pavement is not required.</text> </paragraph> <paragraph num="(b)"> <text>The loading zone shall have a student waiting area adequate to accommodate the number of students involved.</text> </paragraph> <paragraph num="(c)"> <text>The loading zone may be near or at an intersection if the volume of traffic from the secondary street or road is low enough to warrant this location.</text> </paragraph> <paragraph num="(d)"> <text>Sight distance at the loading zone shall be adequate for safe ingress and egress.</text> </paragraph> <paragraph num="(e)"> <text>The eight-light safety system may not be used during the execution of on-highway loading.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Off Highway Loading Zones.</text> <paragraph num="(a)"> <text>The location of the loading zone may not require the bus to back.</text> </paragraph> <paragraph num="(b)"> <text>Sight distance at the loading zone shall be adequate for safe ingress and egress.</text> </paragraph> <paragraph num="(c)"> <text>The loading zone may not be susceptible to blockage by parked vehicles.</text> </paragraph> <paragraph num="(d)"> <text>The eight-light safety system may not be used during the execution of off-highway loading.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Only turn signals shall be used for on-highway and off-highway loading for safe ingress and egress. The eight-light safety system may not be used.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Reporting Requirements."> <paragraph num="A."> <text>Accident Reporting. By September 1 of each year, the supervisor of transportation shall submit a report through the Department's electronic reporting system for each school vehicle accident occurring during the previous fiscal year, for both publicly owned and contract vehicles. Only accidents that involve personal injury or appreciable damage shall be reported to the Department.</text> </paragraph> <paragraph num="B."> <text>Number of Students Transported. By November 30 of each year, the supervisor of transportation shall submit a report, in the format required by the Department and signed by the local superintendent of schools, of the number of students transported on the last Friday of October of that year, including distinct information on the number of disabled students transported.</text> </paragraph> <paragraph num="C."> <text>Operational Reporting. By July 15 of each year, the supervisor of transportation shall submit reports of the number of vehicles and the number of miles and hours of route operations for the previous fiscal year on the form required by the Department.</text> </paragraph> <paragraph num="D."> <text>Alcohol and Controlled Substances Testing. By March 15 of each year, the local supervisor of transportation shall submit an annual summary for the prior calendar year concerning the alcohol and controlled substances testing program, test results, and employment actions taken with respect to school vehicle drivers in the format required by the Department.</text> </paragraph> <paragraph num="E."> <text>Annual Report on Students with Disabilities.</text> <paragraph num="(1)"> <text>By July 15 of each year, each local school system shall submit a report for the previous fiscal year to the Department's Office of Pupil Transportation, in the format required by the Department, that includes:</text> <paragraph num="(a)"> <text>Certification of preservice and in-service instruction provided to school vehicle drivers, attendants, and taxicab drivers on disabling conditions, behavior management techniques, passenger safety restraints, emergency procedures, and other appropriate topics; and</text> </paragraph> <paragraph num="(b)"> <text>Local regulations, policies, or procedures adopted since the submission of the last report for the transportation of students with disabilities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department shall annually review each applicable local school system's report for transporting students with disabilities.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Railroad and Bridge Crossing Evaluation."> <paragraph num="A."> <text>The supervisor of transportation shall consult with a county or State highway administrator to ensure that grade-level railroad crossings and bridge crossings are reviewed annually. This shall be done prior to the beginning of each school year.</text> </paragraph> <paragraph num="B."> <text>Evidence that a review of grade-level railroad and bridge crossings has been conducted shall be maintained in the transportation office of the local school system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Taxicab Drivers Transporting Students with Disabilities."> <paragraph num="A."> <text>Taxicab drivers involved in transporting students with disabilities to nonpublic special education facilities shall:</text> <paragraph num="(1)"> <text>Meet all licensing requirements of the Motor Vehicle Administration;</text> </paragraph> <paragraph num="(2)"> <text>Pass the annual physical examination required by the Motor Vehicle Administration for school vehicle drivers;</text> </paragraph> <paragraph num="(3)"> <text>Have no evidence of a criminal history which in the opinion of the supervisor of transportation makes the individual unfit for employment;</text> </paragraph> <paragraph num="(4)"> <text>Receive a negative controlled substances test result as required under Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Have a driving record that is acceptable to the supervisor of transportation; and</text> </paragraph> <paragraph num="(6)"> <text>Complete the preservice and in-service instruction as set forth in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A local school system shall maintain a file for each taxicab driver regularly engaged in handling and transporting students with disabilities. The file shall contain the following documents:</text> <paragraph num="(1)"> <text>Proof of proper license;</text> </paragraph> <paragraph num="(2)"> <text>Copy of physical examination;</text> </paragraph> <paragraph num="(3)"> <text>Copy of driving record;</text> </paragraph> <paragraph num="(4)"> <text>Results of controlled substance and alcohol tests;</text> </paragraph> <paragraph num="(5)"> <text>Copy of criminal background check; and</text> </paragraph> <paragraph num="(6)"> <text>Proof of preservice and in-service instruction as required under §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Preservice and in-service instruction for taxicab drivers shall include information on disabling conditions, behavior management techniques, passenger safety restraints, emergency procedures, and other appropriate topics, unless a suitably trained attendant accompanies the student.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Transportation Grant for Increased Ridership of Students with Disabilities."> <paragraph num="A."> <text>Grants for the transportation of students with disabilities in the amount specified in Education Article, §5-218, Annotated Code of Maryland, shall be distributed on a bimonthly basis.</text> </paragraph> <paragraph num="B."> <text>The disabled student transportation grant shall be distributed to each local board of education. The amount of the grant shall be based upon the number of disabled students requiring special transportation services who were transported by a local board of education, on the last Friday of October of the prior fiscal year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Exceptions."> <paragraph num="A."> <text>The State Superintendent of Schools may make an exception to this chapter under emergency conditions if compliance with this chapter may make the operation of student transportation impossible or unsafe due to an act of God, strike, rebellion, or other unforeseen disturbance.</text> </paragraph> <paragraph num="B."> <text>An exception granted by the State Superintendent of Schools shall remain in effect only until the next regular meeting of the State Board of Education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="School Vehicle — Length of Operation."> <paragraph num="A."> <text>Unless it is a transit style school vehicle placed into operation before July 1, 2004, or it was under contract before July 1, 2004 to be purchased, a school vehicle may not be used for more than 12 years, unless the conditions for its extended use are satisfied under Education Article, §7-804(b), Annotated Code of Maryland, or it is specifically exempted by statute.</text> </paragraph> <paragraph num="B."> <text>A school vehicle may not be used at any time to transport students if it has been in operation for 15 years or more.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Appeals."> <text>A school vehicle driver or attendant who has exhausted the local school system appeal process, may appeal to the State Board of Education under COMAR 13A.01.05.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 5-218, and 8-410, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 29, 1975 (2:24 Md. R. 1482)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 4, 1976 (3:16 Md. R. 854)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01A, .03F, .04E, J, K, L, .05, and .06 amended effective August 3, 1977 (4:16 Md. R. 1214)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 29, 1978 (5:26 Md. R. 1927)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 20, 1981 (8:4 Md. R. 344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective October 31, 1980 (7:22 Md. R. 2075)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 21, 1981 (8:25 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 27, 1987 (14:15 Md. R. 1661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed as an emergency provision effective May 10, 1983 (10:11 Md. R. 972); repealed permanently effective August 1, 1983 (10:15 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .09-1 adopted effective July 1, 1985 (12:13 Md. R. 1281)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 16, 1989 (16:20 Md. R. 2182); July 9, 1990 (17:13 Md. R. 1612)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 27, 1987 (14:15 Md. R. 1661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective October 16, 1989 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1A and C amended effective July 1, 1988 (15:6 Md. R. 741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 amended and recodified as Regulation .10 effective July 1, 1989 (16:9 Md. R. 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended and recodified as Regulation .12 effective July 1, 1989 (16:9 Md. R. 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective July 1, 1989 (16:9 Md. R. 995)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 repealed and new Regulations .01—.17 adopted effective August 31, 1992 (19:17 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C, D repealed effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08-1 adopted effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective March 29, 1993 (20:6 Md. R. 583)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13D amended effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C amended effective November 6, 1995 (22:22 Md. R. 1668)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.17 repealed and new Regulations .01—.18 adopted effective October 1, 2001 (28:19 Md. R. 1686)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 8, 2007 (34:20 Md. R. 1740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 27, 2017 (44:6 Md. R. 326); December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A,C,D amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective December 31, 2018 (45:26 Md. R. 1248)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 21, 2022 (49:4 Md. R. 301)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06AB amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A amended effective July 24, 2023 (50:14 Md. R. 594)</annotation> </annotations> </chapter> <chapter num="08" heading="Head Injuries and Concussions in Extracurricular Athletic Events"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements Education Article, §7-433 and Health-General Article, §14-501, Annotated Code of Maryland, to establish a program of concussion awareness and prevention throughout the State of Maryland for student-athletes, their parents or guardians, and their coaches.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Concussion” means a type of traumatic brain injury (TBI) causing an immediate and usually short-lived change in mental status or an alteration of normal consciousness resulting from a bump, blow, jolt, shaking, or spinning of the head or body.</text> </paragraph> <paragraph num="(2)"> <text>“Graduated return to play protocols” means the progressive return to play stages included in the Policies and Programs on Concussions for Public Schools and Youth Sport Programs (Maryland State Department of Education, updated through December 2012).</text> </paragraph> <paragraph num="(3)"> <text>“Return to play” means participation in a non-medically supervised practice or athletic competition after a period of exclusion.</text> </paragraph> <paragraph num="(4)"> <text>“School personnel” means those directly responsible for administering or coaching interscholastic athletic program within a school or county and those employees of the school or school system with overall responsibility for student-athletes’ academic performance and medical well-being.</text> </paragraph> <paragraph num="(5)"> <text>“Student-athlete” means a student participating in any try-out, practice, or contest of a school team.</text> </paragraph> <paragraph num="(6)"> <text>“Youth sports program” means a program organized for recreational athletic competition instruction for participants who are younger than 19 years old.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>The Policies and Programs on Concussions for Public Schools and Youth Sport Programs (Maryland State Department of Education, updated through December 2012) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Training."> <paragraph num="A."> <text>Each local school system shall train each coach in concussion risk and management. At a minimum, the coach’s training shall include:</text> <paragraph num="(1)"> <text>The nature of the risk of a brain injury;</text> </paragraph> <paragraph num="(2)"> <text>The risk of not reporting a brain injury;</text> </paragraph> <paragraph num="(3)"> <text>Criteria for removal and return to play;</text> </paragraph> <paragraph num="(4)"> <text>Understanding concussions;</text> </paragraph> <paragraph num="(5)"> <text>Recognizing concussions;</text> </paragraph> <paragraph num="(6)"> <text>Signs and symptoms; and</text> </paragraph> <paragraph num="(7)"> <text>Response and action plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each school system shall require a certificate of completion from a coaches’ training course with refresher training every 2 years as a condition of coaching employment.</text> </paragraph> <paragraph num="C."> <text>Each school system shall require all Physical Education teachers to provide a certificate of completion of concussion education training.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Policies and Procedures."> <paragraph num="A."> <text>Each school system shall implement policies consistent with this chapter and the Policies and Programs on Concussions for Public Schools and Youth Sport Programs to assure student-athletes, parents, or guardians and school personnel receive an informational sheet describing:</text> <paragraph num="(1)"> <text>The nature and risk of a concussion or head injury;</text> </paragraph> <paragraph num="(2)"> <text>The criteria for removal from play and return to play;</text> </paragraph> <paragraph num="(3)"> <text>The risks of not reporting injury and continuing to play; and</text> </paragraph> <paragraph num="(4)"> <text>Appropriate academic accommodations for diagnosed concussion victims.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Under the policy, each school system shall require every student-athlete and at least one parent or guardian to verify in writing that they have received information on concussions and sign a statement acknowledging receipt of the information before a student participates in an authorized interscholastic athletic activity.</text> </paragraph> <paragraph num="C."> <text>By August 15, 2013, each local school system shall implement policies consistent with the Policies and Programs on Concussions for Public Schools and Youth Sport Programs that:</text> <paragraph num="(1)"> <text>Identify and ensure appropriate academic accommodations and restrictions are made available to student athletes during the recovery phase from a concussion;</text> </paragraph> <paragraph num="(2)"> <text>Ensure that the parent, guardian, or emergency contact person is notified in person or by telephone and in writing immediately after a student athlete sustains a suspected concussion; and</text> </paragraph> <paragraph num="(3)"> <text>Ensure that the athletic director and school nurse are notified before the start of the next school day of a student athlete who has sustained a suspected concussion.</text> </paragraph> </paragraph> <paragraph num="D."> <text>By August 15, 2013 the MSDE in collaboration with an appropriate medical, academic and athletic advisory team shall:</text> <paragraph num="(1)"> <text>Identify collision, contact, and noncontact sports; and</text> </paragraph> <paragraph num="(2)"> <text>Recommend limitations of contact exposures in those sports.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Removal and Return to Play."> <paragraph num="A."> <text>Any student-athlete suspected of sustaining a concussion shall immediately be removed from practice or play.</text> </paragraph> <paragraph num="B."> <text>Each school shall use the graduated return to play protocols instituted in the Policies and Programs on Concussions for Public Schools and Youth Sport Programs.</text> </paragraph> <paragraph num="C."> <text>The student-athlete may not return to play until the student receives written clearance after receiving an appropriate medical assessment by one of the following:</text> <paragraph num="(1)"> <text>A licensed physician trained in the evaluation and management of concussions;</text> </paragraph> <paragraph num="(2)"> <text>A licensed physician’s assistant trained in the evaluation and management of concussions in collaboration with the physician assistant’s supervising physician or alternate supervising physician within the scope of the physician assistant’s Delegation Agreement approved by the Board of Physicians;</text> </paragraph> <paragraph num="(3)"> <text>A licensed nurse practitioner trained in the evaluation and management of concussions;</text> </paragraph> <paragraph num="(4)"> <text>A licensed psychologist with training in neuropsychology and in the evaluation and management of concussions; or</text> </paragraph> <paragraph num="(5)"> <text>A licensed athletic trainer trained in the evaluation and management of concussions, in collaboration with the athletic trainer’s supervising physician or alternate supervising physician and within the scope of the Evaluation and Treatment protocol approved by the Board of Physicians.</text> </paragraph> </paragraph> <paragraph num="D."> <text>To assist student-athletes, parents, and school personnel, to manage concussion events, each local school system shall provide to all involved persons:</text> <paragraph num="(1)"> <text>Written notification of possible head injury;</text> </paragraph> <paragraph num="(2)"> <text>Medical clearance forms for gradual return to sports participation following concussion; and</text> </paragraph> <paragraph num="(3)"> <text>Graduated return to play protocols.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Youth Sports Programs Use of School Property."> <paragraph num="A."> <text>Youth sports programs seeking to use school facilities shall verify in writing distribution of concussion information to parents or guardians and receive verifiable acknowledgement of receipt.</text> </paragraph> <paragraph num="B."> <text>Each youth sports program shall annually affirm to the local school system their compliance with concussion information procedures.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §7-433; Health-General Article, §14-501; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 10, 2013 (40:11 Md. R. 975)</annotation> </annotations> </chapter> <chapter num="09" heading="Maryland Early Literacy Initiative"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Maryland Early Literacy Initiative is a grant program that will assist up to 50 qualifying schools in at least three school systems to implement an evidence-based literacy program in the school to work with participating students to meet literacy proficiency targets by the end of eighth grade.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Evidence-based early literacy program” means a program that satisfies §8101(21)(A)(i)(I) or §8101(21)(A)(i)(II) under Title 8, General Provisions of the Every Student Succeeds Act, and includes systematic, direct instruction in phonemic awareness, phonics, vocabulary development, fluency, and comprehension.</text> </paragraph> <paragraph num="(2)"> <text>“Initiative” means the Maryland Early Literacy Initiative.</text> </paragraph> <paragraph num="(3)"> <text>“Interventionist” means a trained professional whose primary responsibility is to deliver evidence-based early literacy intervention.</text> </paragraph> <paragraph num="(4)"> <text>“Nonprofit organization” means a nonprofit organization that:</text> <paragraph num="(a)"> <text>Is based in the State;</text> </paragraph> <paragraph num="(b)"> <text>Is incorporated or registered under the laws of the State;</text> </paragraph> <paragraph num="(c)"> <text>Is exempt from federal income tax under §501(c)(3), (4), or (6) of the Internal Revenue Code;</text> </paragraph> <paragraph num="(d)"> <text>Is current in the payment of all tax obligations to the State or any unit or subdivision of the State; and</text> </paragraph> <paragraph num="(e)"> <text>Has been in active business for 3 years or more at the time the application is submitted or has a fiscal sponsor who can meet the requirements of this section.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Participating student” means a student:</text> <paragraph num="(a)"> <text>In prekindergarten through eighth grade; or</text> </paragraph> <paragraph num="(b)"> <text>A student who performs below a certain score, as determined by the Department, on the assessment the Department uses to assess reading level.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Qualifying school” means a public school categorized by the local school system as a Title I school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Requirements."> <paragraph num="A."> <text>For the 2018—19 school year through the 2021—22 school year, a qualifying school may apply to the Department to receive a grant to develop an evidence-based early literacy program.</text> </paragraph> <paragraph num="B."> <text>A qualifying school may apply for a grant only if the local superintendent endorses the school’s grant application.</text> </paragraph> <paragraph num="C."> <text>A qualifying school may coordinate and partner with other qualifying schools in the county to apply jointly for a grant to develop a literacy program among the partnering qualifying schools.</text> </paragraph> <paragraph num="D."> <text>A qualifying school may apply for and accept donations, grants, or other financial assistance from a governmental entity, a nonprofit organization, or any other private organization to benefit the literacy program.</text> </paragraph> <paragraph num="E."> <text>A local school board may apply on behalf of one or more qualifying schools in the local school system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Grant Application."> <paragraph num="A."> <text>An application shall:</text> <paragraph num="(1)"> <text>Identify whether the qualifying school will work in collaboration with a nonprofit organization or the local board of education to implement the literacy program;</text> </paragraph> <paragraph num="(2)"> <text>Provide the name and qualifications of the nonprofit organization, if the qualifying school will work in collaboration with a nonprofit organization; and</text> </paragraph> <paragraph num="(3)"> <text>Include a description of:</text> <paragraph num="(a)"> <text>The literacy program to be implemented at the qualifying school;</text> </paragraph> <paragraph num="(b)"> <text>The training that will be provided to the interventionist to provide the services in this section;</text> </paragraph> <paragraph num="(c)"> <text>How the literacy program will meet the grant requirements in this section; and</text> </paragraph> <paragraph num="(d)"> <text>Any other information required by the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A literacy program developed under the Initiative shall:</text> <paragraph num="(1)"> <text>Provide early literacy intervention services for participating students;</text> </paragraph> <paragraph num="(2)"> <text>Require participating students to receive direct services at least twice a week;</text> </paragraph> <paragraph num="(3)"> <text>Have clear literacy targets at each grade level for participating students;</text> </paragraph> <paragraph num="(4)"> <text>Have benchmark assessments multiple times a year to identify students who need one-on-one interventions;</text> </paragraph> <paragraph num="(5)"> <text>Collect data on student progress at least monthly;</text> </paragraph> <paragraph num="(6)"> <text>Be implemented by staff hired and supervised by the collaborating nonprofit organization or the local board of education; and</text> </paragraph> <paragraph num="(7)"> <text>Use literacy programs that utilize various evidence-based approaches and methodologies for:</text> <paragraph num="(a)"> <text>Comparison purposes; and</text> </paragraph> <paragraph num="(b)"> <text>The collection of multiple data points for long-term review.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Grant Award."> <paragraph num="A."> <text>To the extent that funds are available, the Department shall distribute up to 50 grants in at least three school systems for a 2-year period.</text> </paragraph> <paragraph num="B."> <text>In awarding grants under the Initiative, the Department will fund only those qualifying schools that use literacy programs that utilize various evidence-based approaches and methodologies for:</text> <paragraph num="(1)"> <text>Comparison purposes; and</text> </paragraph> <paragraph num="(2)"> <text>The collection of multiple data points for long-term review.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the number of applications exceeds the number of available grants, the Department shall give priority to a qualifying school serving a high concentration of students in prekindergarten through third grade who are living in poverty.</text> </paragraph> <paragraph num="D."> <text>A grant made to each qualifying school may not exceed $75,000 each year.</text> </paragraph> <paragraph num="E."> <text>A grant made under this section shall be renewed by the Department after a 2-year period if the qualifying school presents evidence that the qualifying school is:</text> <paragraph num="(1)"> <text>In compliance with all grant requirements; and</text> </paragraph> <paragraph num="(2)"> <text>Meeting identified targets and benchmarks.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 5-216, Annotated Code of Maryland;Ch. 361, Acts of 2018</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 31, 2018 (45:26 Md. R. 1249)</annotation> </annotations> </chapter> <chapter num="10" heading="Purple Star Schools Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this action is to implement Education Article, §7-129, Annotated Code of Maryland, which establishes a Purple Star Schools Program to recognize public schools that provide strong services and support for military-connected students and their families when, as a result of military service, a military-connected student transfers schools.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Military-connected student” means a student who is a dependent of:</text> <paragraph num="(a)"> <text>A current member of:</text> <paragraph num="(i)"> <text>The United States military serving in the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard on active duty;</text> </paragraph> <paragraph num="(ii)"> <text>The National Oceanic and Atmospheric Administration Commissioned Officer Corps;</text> </paragraph> <paragraph num="(iii)"> <text>The Public Health Service Commissioned Corps;</text> </paragraph> <paragraph num="(iv)"> <text>The Maryland National Guard;</text> </paragraph> <paragraph num="(v)"> <text>The National Guard of any other State; or</text> </paragraph> <paragraph num="(vi)"> <text>A reserve force of the United States military; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A member of a military or reserve force described in §B(2)(a) of this regulation who was killed in the line of duty.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Criteria."> <paragraph num="A."> <text>To be eligible for designation as a Purple Star School, a public school shall:</text> <paragraph num="(1)"> <text>Designate a staff member as a military liaison, whose duties include:</text> <paragraph num="(a)"> <text>Identifying military-connected students who are newly enrolled or soon to be enrolled at the school;</text> </paragraph> <paragraph num="(b)"> <text>Serving as the point of contact between the school and the newly enrolled or soon to be enrolled military-connected students and their families;</text> </paragraph> <paragraph num="(c)"> <text>Determining appropriate school services available to newly enrolled or soon to be enrolled military-connected students;</text> </paragraph> <paragraph num="(d)"> <text>Assisting in coordinating school programs for newly enrolled or soon to be enrolled military-connected students;</text> </paragraph> <paragraph num="(e)"> <text>Providing information, resources, and professional development to school staff on the needs of military-connected students and their families; and</text> </paragraph> <paragraph num="(f)"> <text>Generally aiding with a military-connected student’s transition to a new school;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Establish on the school’s website an easily accessible webpage that includes resources for military-connected students and their families, including information regarding:</text> <paragraph num="(a)"> <text>Relocation to, enrollment at, registration at, and transferring records to the school;</text> </paragraph> <paragraph num="(b)"> <text>Preparation for a move from a student’s current school to the school at which the student is newly enrolled or is soon to be enrolled;</text> </paragraph> <paragraph num="(c)"> <text>Academic planning, course sequences, advanced classes, and graduation requirements;</text> </paragraph> <paragraph num="(d)"> <text>Special education and related services; and</text> </paragraph> <paragraph num="(e)"> <text>Counseling and other support services available for military-connected students transitioning into the school;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Maintain a transition program led by students at the school, whenever appropriate, and overseen by the designated military liaison that assists military-connected students enrolled at the school by:</text> <paragraph num="(a)"> <text>Facilitating guided tours of the campus;</text> </paragraph> <paragraph num="(b)"> <text>Organizing an orientation to familiarize the new student with school information; and</text> </paragraph> <paragraph num="(c)"> <text>If requested, accompanying the student throughout the campus during the first week of school during school hours; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Offer professional development to school staff on issues related to military-connected students transferring to new schools.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A public school may partner with a county board to fulfill the criteria described in §A of this regulation to qualify as a Purple Star School.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application and Renewal."> <paragraph num="A."> <text>To be considered for designation as a Purple Star School, a public school’s military liaison shall complete an application available on the Department’s website.</text> </paragraph> <paragraph num="B."> <text>The Department will release the Purple Star School application on December 1 of each year, beginning with the 2023—2024 school year.</text> </paragraph> <paragraph num="C."> <text>A public school that receives the Purple Star School designation shall hold the designation for a period of 2 school years and be eligible to reapply for the designation in the final year of the 2-year period.</text> </paragraph> <paragraph num="D."> <text>A public school that fails to receive the Purple Star School designation is eligible to reapply for the designation the following year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection Process."> <paragraph num="A."> <text>The Department shall identify a panel of stakeholders to review Purple Star School applications based on the criteria described in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Department shall issue its decision on a Purple Star School application no later than the end of the school year in the local school system where the applicant school is located.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-129, Annotated Code of Maryland, Ch. 361, Acts of 2018</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 20, 2023 (50:5 Md. R. 182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 3, 2025 (52:4 Md. R. 219)</annotation> </annotations> </chapter> </subtitle> <subtitle num="07" heading="School Personnel"> <chapter num="01" heading="Comprehensive Teacher Induction Program"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <text>This chapter applies to a comprehensive induction program for new teachers. The purpose of this regulation is to provide guidance for local school systems to establish a high quality induction program that addresses critical professional learning needs of new teachers, improves instructional quality, and helps inductees achieve success in their initial assignments, resulting in improved student learning and higher retention in the profession. Recognizing that “one-size-fits-all” induction programs do not meet the needs of new teachers, these regulations establish the components of an induction program, allowing local school systems to build on their current programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>In this chapter, the following documents are incorporated by reference:</text> <paragraph num="A."> <text>Standards for Professional Learning (Learning Forward, 2022);</text> </paragraph> <paragraph num="B."> <text>InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0 (Council of Chief State School Officers, 2013);</text> </paragraph> <paragraph num="C."> <text>Social Justice Standards: The Teaching Tolerance Anti-Bias Framework (Southern Poverty Law Center, 2018);</text> </paragraph> <paragraph num="D."> <text>International Society for Technology in Education Standards for Educators (International Society for Technology in Education, 2024); and</text> </paragraph> <paragraph num="E."> <text>Model Code of Ethics for Educators (National Association of State Directors of Teacher Education and Certification, 2023).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Mentee” means a public school teacher who receives the services of a mentor.</text> </paragraph> <paragraph num="(2)"> <text>“Mentor” means a highly competent teacher selected by the local school system who will work to instill in a mentee the skills and knowledge necessary for student success in accordance with Regulation .05 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“New teacher” means a teacher who is:</text> <paragraph num="(a)"> <text>Professionally licensed and has less than three years of teaching experience; or</text> </paragraph> <paragraph num="(b)"> <text>Holds a Conditional License or Resident Teacher License.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Veteran teacher” means a professionally licensed teacher who is new to the local school system and has 3 or more years of teaching experience.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Programmatic Requirements."> <paragraph num="A."> <text>Each local school system shall establish and maintain a comprehensive induction program for all new teachers that is at least 3 years in duration.</text> </paragraph> <paragraph num="B."> <text>Each local school system shall establish and maintain a comprehensive induction program for all veteran teachers that is at least 1 year in duration.</text> </paragraph> <paragraph num="C."> <text>Each comprehensive induction program shall be designed with a coherent structure and consistent focus to ensure an integrated, seamless system of support for participating teachers and provide them with the knowledge and skills necessary to be successful in their classrooms and schools and prepare them to stay in the profession.</text> </paragraph> <paragraph num="D."> <text>A comprehensive induction program may be developed and implemented in collaboration with an institution of higher education.</text> </paragraph> <paragraph num="E."> <text>Each comprehensive induction program shall include:</text> <paragraph num="(1)"> <text>An initial orientation;</text> </paragraph> <paragraph num="(2)"> <text>Ongoing participation in an educator professional learning community;</text> </paragraph> <paragraph num="(3)"> <text>A plan for professional licensure, if applicable;</text> </paragraph> <paragraph num="(4)"> <text>Specialized professional learning on the knowledge and skills new educators need that is aligned with the Maryland-recognized professional learning standards incorporated by reference in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Professional learning on State and local school system initiatives and priorities, including the teacher evaluation system, career ladder for educators, and the College and Career Readiness Standards;</text> </paragraph> <paragraph num="(6)"> <text>Professional learning and support for working with students with disabilities, multi-lingual learners, and differentiating instruction;</text> </paragraph> <paragraph num="(7)"> <text>Professional learning for using technology in education aligned with the International Society for Technology in Education Standards for Educators incorporated by reference in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(8)"> <text>Review and assessment of the principles of the Model Code of Ethics for Educators incorporated by reference in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(9)"> <text>Job-embedded individualized and differentiated mentoring;</text> </paragraph> <paragraph num="(10)"> <text>Regularly scheduled opportunities for new teachers to observe and co-teach with skilled teachers, including follow-up discussions of the experiences;</text> </paragraph> <paragraph num="(11)"> <text>Assistance for new teachers with planning instruction;</text> </paragraph> <paragraph num="(12)"> <text>Observations of instruction with feedback;</text> </paragraph> <paragraph num="(13)"> <text>Ongoing professional learning on the multi-tiered system of supports (MTSS) framework to support all students; and</text> </paragraph> <paragraph num="(14)"> <text>A schedule aligned to the Career Ladder for Educators established in Education Article, §6-1003, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each local school system may identify a program coordinator who will plan and facilitate induction activities by:</text> <paragraph num="(1)"> <text>Communicating with principals and other school leaders about induction activities;</text> </paragraph> <paragraph num="(2)"> <text>Building and maintaining partnerships with local institutions of higher education to ensure a seamless transition from graduation to induction; and</text> </paragraph> <paragraph num="(3)"> <text>Overseeing the evaluation of the comprehensive induction program.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The comprehensive induction program shall include ongoing professional learning for school leaders. Professional learning may address the following:</text> <paragraph num="(1)"> <text>Retention strategies;</text> </paragraph> <paragraph num="(2)"> <text>Creating the climate and systems for induction;</text> </paragraph> <paragraph num="(3)"> <text>Working with mentors and new teachers; and</text> </paragraph> <paragraph num="(4)"> <text>Aligning induction supports with local school system initiatives and strategies.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Mentoring Component of the Comprehensive Induction Program."> <paragraph num="A."> <text>A local school system shall establish an instructional mentoring program as part of its Comprehensive Induction Program.</text> </paragraph> <paragraph num="B."> <text>The mentoring program shall provide individualized, instruction-focused, job-embedded support and mentoring that begins when a teacher is hired into the local school system.</text> </paragraph> <paragraph num="C."> <text>The mentoring program shall include standards for effective mentoring that are:</text> <paragraph num="(1)"> <text>Focused;</text> </paragraph> <paragraph num="(2)"> <text>Systematic;</text> </paragraph> <paragraph num="(3)"> <text>Ongoing;</text> </paragraph> <paragraph num="(4)"> <text>Of high quality;</text> </paragraph> <paragraph num="(5)"> <text>Geared to the needs of each teacher; and</text> </paragraph> <paragraph num="(6)"> <text>Include observations with feedback.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The mentoring program shall include mentoring activities related to the Five Core Propositions of National Board Certification focusing on planning, instructional practices, and analyzing student learning.</text> </paragraph> <paragraph num="E."> <text>The mentoring program shall support new teachers in developing culturally relevant teaching practices for all students.</text> </paragraph> <paragraph num="F."> <text>To the extent practicable given staffing and fiscal concerns, each new teacher shall receive at least 400 minutes of mentoring per marking period.</text> <paragraph num="(1)"> <text>A local school system and new teacher may mutually agree to a reduction in mentoring minutes per marking period if the new teacher achieves a rating of effective, or comparable, on a year-end evaluation.</text> </paragraph> <paragraph num="(2)"> <text>The reduction of mentoring minutes per marking period shall not be less than:</text> <paragraph num="(a)"> <text>300 minutes per marking period in year two of induction; and</text> </paragraph> <paragraph num="(b)"> <text>200 minutes per marking period in year three of induction.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Each local school system shall have a rigorous selection process for mentors that includes:</text> <paragraph num="(1)"> <text>Assurance that the mentor holds:</text> <paragraph num="(a)"> <text>A Professional or Advanced Professional License; and</text> </paragraph> <paragraph num="(b)"> <text>At least an effective, or comparable, rating on the most recent local school system evaluation;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A recommendation from a school or district leader who previously or currently supervises the individual and can attest to their readiness for the mentor role; and</text> </paragraph> <paragraph num="(3)"> <text>Once the Career Ladder is well established, prioritization of those teachers with a designation of Lead, Distinguished, or Professor Distinguished Teacher.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Each local school system shall establish a process for matching mentors and mentees that:</text> <paragraph num="(1)"> <text>Correlates licensure areas or grade bands, with the prioritization of the licensure area when possible; and</text> </paragraph> <paragraph num="(2)"> <text>Considers diversity markers to the extent practicable.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Local school systems shall provide initial and ongoing training for mentors that may include:</text> <paragraph num="(1)"> <text>Mentoring language and stances;</text> </paragraph> <paragraph num="(2)"> <text>Key practices of a mentor, including differentiation of support;</text> </paragraph> <paragraph num="(3)"> <text>Adult learning practices;</text> </paragraph> <paragraph num="(4)"> <text>Elements of instructional mentoring, such as observations, planning, and analyzing student work;</text> </paragraph> <paragraph num="(5)"> <text>Reflection on mentoring practice and communities of practice;</text> </paragraph> <paragraph num="(6)"> <text>Anti-bias pedagogy aligned with the Social Justice Standards incorporated by reference in Regulation .02 of this chapter; and</text> </paragraph> <paragraph num="(7)"> <text>Identification and coordination of appropriate resources to address the performance needs of mentees.</text> </paragraph> </paragraph> <paragraph num="J."> <text>A mentor in the comprehensive induction program may not participate in the formal evaluation of a mentee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Evaluation of the Comprehensive Induction Program."> <paragraph num="A."> <text>Local school systems shall evaluate the effectiveness of the comprehensive induction program.</text> </paragraph> <paragraph num="B."> <text>Each local school system induction program shall develop a comprehensive evaluation plan that includes:</text> <paragraph num="(1)"> <text>Mentee and mentor perception data of their overall induction experience;</text> </paragraph> <paragraph num="(2)"> <text>Mentee experience data regarding their work with their mentor;</text> </paragraph> <paragraph num="(3)"> <text>Mentor experience data regarding their work with their mentee;</text> </paragraph> <paragraph num="(4)"> <text>Evidence of program components aligned to the:</text> <paragraph num="(a)"> <text>Five Core Propositions of the National Board for Professional Teaching Standards, which are:</text> <paragraph num="(i)"> <text>Teachers are committed to students and their learning;</text> </paragraph> <paragraph num="(ii)"> <text>Teachers know the subjects they teach and how to teach those subjects to students;</text> </paragraph> <paragraph num="(iii)"> <text>Teachers are responsible for managing and monitoring student learning;</text> </paragraph> <paragraph num="(iv)"> <text>Teachers think systematically about their practice and learn from experience; and</text> </paragraph> <paragraph num="(v)"> <text>Teachers are members of learning communities;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Model Code of Educator Ethics; and</text> </paragraph> <paragraph num="(c)"> <text>InTASC Model Core Teaching Standards and Learning Progressions for Teachers 1.0;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Teacher growth data from the beginning to the end of the induction program as measured by the local school system teacher evaluation system;</text> </paragraph> <paragraph num="(6)"> <text>Induction program participants' retention data; and</text> </paragraph> <paragraph num="(7)"> <text>Evidence of the number of instructional-driven mentoring minutes every month.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Compliance and Reporting."> <paragraph num="A."> <text>Local school systems shall be in full compliance with this chapter by July 1, 2027.</text> </paragraph> <paragraph num="B."> <text>Local school systems shall provide a report to the Department by July 1, 2027 that includes:</text> <paragraph num="(1)"> <text>A description of the comprehensive induction program demonstrating compliance with this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>An evaluation plan that meets the requirements under Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Local school systems shall provide a report to the Department beginning July 1, 2029, and every 3 years thereafter, that includes:</text> <paragraph num="(1)"> <text>Mentee and mentor data, including:</text> <paragraph num="(a)"> <text>Mentee growth from the beginning to the end of the induction program;</text> </paragraph> <paragraph num="(b)"> <text>Teacher retention;</text> </paragraph> <paragraph num="(c)"> <text>The number of mentees participating in the comprehensive induction program;</text> </paragraph> <paragraph num="(d)"> <text>The number of mentors assigned to teachers in the comprehensive induction program; and</text> </paragraph> <paragraph num="(e)"> <text>The number of teachers who did not receive the minimum number of mentoring minutes per marking period under Regulation .05F of this chapter with an explanation of the reasons; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The results of the evaluation of the comprehensive induction program developed under Regulation .06 of this chapter.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c), 5-206-1, and 6-202(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 26, 1968</annotation> <annotation type="History" subtype="Administrative History">Revised October, 1971; September 1, 1975</annotation> <annotation type="History" subtype="Administrative History">Amended effective July 1, 1974 (2:1 Md. R. 15) and August 18, 1976 (3:17 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G amended effective May 29, 1981 (8:11 Md. R. 975)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G amended as an emergency provision effective July 1, 1982 (9:13 Md. R. 1348); adopted permanently effective August 30, 1982 (9:17 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01N amended effective April 4, 1988 (15:7 Md. R. 852)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01U adopted effective July 1, 1985 (12:4 Md. R. 360)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective August 27, 1984 (11:17 Md. R. 1493)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02A amended effective April 21, 1986 (13:8 Md. R. 903)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective October 6, 1986 (13:20 Md. R. 2211)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02A; .06E; .08A-1, B, and E; and .09A, B, and R amended effective August 2, 1982 (9:15 Md. R. 1517)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02B and .03C, .09DD-1 amended effective July 1, 1985 (12:13 Md. R. 1281)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03C and .09A, B amended effective January 9, 1981 (8:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective May 10, 1982 (9:9 Md. R. 911)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05; .06A, J; .07A; .08A; .09B-1, DD-1 adopted effective January 9, 1981 (8:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06C, .07E and F amended, and .07G repealed effective August 27, 1984 (11:17 Md. R. 1493)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06K and .07A-2 adopted and .07A-1 amended effective June 30, 1986 (13:13 Md. R. 1493)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07H amended effective August 18, 1976 (3:17 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective October 6, 1986 (13:20 Md. R. 2212)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective October 6, 1986 (13:20 Md. R. 2212)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09DD-1 amended as an emergency provision effective April 4, 1985 (12:9 Md. R. 807); adopted permanently effective July 1, 1985 (12:13 Md. R. 1281)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09DD-1 amended effective January 27, 1986 (13:2 Md. R. 138)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09N-1 adopted effective July 1, 1988 (15:5 Md. R. 622) (recodified from Regulation .09O)</annotation> <annotation type="History" subtype="Administrative History">Regulations .10—.17 adopted effective July 1, 1987 (14:7 Md. R. 833)</annotation> <annotation type="History" subtype="Administrative History">Note: At 15:16 Md. R. 1917 (July 29, 1989), Regulation .08 was amended effective July 1, 1989.</annotation> <annotation type="History" subtype="Administrative History">Chapter, Certification, repealed effective January 1, 1989 (15:26 Md. R. 2985)</annotation> <annotation type="History" subtype="Administrative History">Amendments to Regulation .08 were incorporated into a new chapter. See COMAR 13A.12.02.</annotation> <annotation type="History" subtype="Administrative History">Chapter, Teacher Mentoring Programs, adopted effective July 24, 2000 (27:14 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 9, 2003 (30:19 Md. R. 1334)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Teacher Mentoring Programs, repealed and new Chapter, Comprehensive Teacher Induction Program adopted effective August 9, 2010 (37:16 Md. R. 1060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 22, 2011 (37:18 Md. R. 1013)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 22, 2011 (37:18 Md. R. 1013)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, F amended effective August 22, 2011 (37:18 Md. R. 1013)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 22, 2011 (37:18 Md. R. 1013)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective August 22, 2011 (37:18 Md. R. 1013)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 24, 2025 (52:23 Md. R. 1140)</annotation> </annotations> </chapter> <chapter num="02" heading="Terms of Employment"> <regulation prefix="Regulation" num=".01" heading="Contracts."> <paragraph num="A."> <text>Contracts To Be In Writing. All contracts with licensed professional employees shall be in writing and on contract forms prescribed by the State Board of Education. The contract shall be signed by the licensed professional employee and the secretary of the local board of education, and when so signed shall be filed by the secretary in the office of the Board.</text> </paragraph> <paragraph num="B."> <text>Regular (Teacher's) Contract.</text> <paragraph num="(1)"> <text>Except as provided in §C of this regulation, for employees who hold professional licenses, the form entitled “Regular Contract” shall be used and others may not be recognized.</text> </paragraph> <paragraph num="(2)"> <text>The following is the approved form:</text> </paragraph> </paragraph> <paragraph num="C."> <text>Provisional Contract. For employees who hold conditional or resident teacher licenses the form entitled “Provisional Contract For Conditional or Resident Teacher License Holders” shall be used, and no others shall be recognized. The following is the approved form:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Reciprocal Relationships With the State Department of Education."> <paragraph num="A."> <text>Contracts and Agreements for the Release of Local School Personnel to the State Department of Education. All agreements shall be in writing and shall set forth the following:</text> <paragraph num="(1)"> <text>The period of time for the release of local school personnel to the State Department of Education;</text> </paragraph> <paragraph num="(2)"> <text>The terms of the financial reimbursement by the State to the local school system;</text> </paragraph> <paragraph num="(3)"> <text>The contract and tenure rights of the teacher may not be affected by the agreement;</text> </paragraph> <paragraph num="(4)"> <text>The agreement shall be signed by the local school superintendent and by the Secretary-Treasurer of the State Board of Education and when signed shall be filed by the Secretary in the office of the Board.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contract and Agreements Relating to the Assignment of Rights of the State Department of Education and the Studio Teachers Concerning Program Material Which May Be Produced or Broadcasted, or Both. All agreements shall be in writing on forms prescribed by the State Board of Education, and shall include such items as terms of employment, description of duties, differential payment as studio demonstration teacher, assignment of rights to program materials, terms for future revisions or updating of materials, mutual indemnification. The agreements shall be signed by the State Department of Education Superintendent of Schools, the Division of Instructional Technology, and by the studio teacher.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Leave of Absence."> <paragraph num="A."> <text>All public school system employees who are members of the organized militia or of the Army, Navy, Air or Marine Reserve, shall be entitled to a leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast defense or other training ordered or authorized under the provisions of Article 65, Annotated Code of Maryland, or under any law of the United States, during such time as they are on inactive duty training, not to exceed 15 days annually.</text> </paragraph> <paragraph num="B."> <text>All public school system employees who are members of the organized militia, and who are ordered to active duty under authority of the Governor, shall be entitled to a leave of absence without loss of pay, time, or efficiency rating for the time they are actually serving under the active duty orders, in addition to the 15-day period specified above.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Standards for Earnable Compensation for Retirement or Pension Purposes."> <paragraph num="A."> <text>For a member of the Teachers' Retirement or the Teachers' Pension System who performs regular job responsibilities during a mandatory assignment that extends beyond the member's 10-month assignment, the standards governing eligibility for earnable compensation are as follows:</text> <paragraph num="(1)"> <text>The local school superintendent or designee shall provide to the teacher written notice of mandatory assignment beyond the 10-month period, but not necessarily mandated for a full 11-month or 12-month period;</text> </paragraph> <paragraph num="(2)"> <text>Regular job responsibilities shall continue through the mandatory assignment beyond the 10 months;</text> </paragraph> <paragraph num="(3)"> <text>Local school systems have flexibility in scheduling the mandatory duty days beyond the 10-month period; and</text> </paragraph> <paragraph num="(4)"> <text>The determination of mandatory assignment for retirement purposes beyond the regular 10-month period is made on a year-to-year basis by the local school superintendent or designee.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Compensation for mandatory assignment beyond the 10 months consistent with the standards listed in §A of this regulation shall be reported as earnable compensation.</text> </paragraph> <paragraph num="C."> <text>All voluntary extra-pay for extra-duty assignments, including but not limited to summer curriculum development, extracurricular sponsors, additional temporary or occasional assignments, bonuses, and summer school salaries, shall be excluded from the report of earnable compensation.</text> </paragraph> <paragraph num="D."> <text>The standards for eligibility for earnable compensation apply to any mandatory assignment as of July 1, 1998.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Employment Terms of Rehired Retired Teachers."> <paragraph num="A."> <text>Definitions. In this regulation the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Contract” means an employment contract between a local school system and a rehired retired teacher.</text> </paragraph> <paragraph num="(2)"> <text>“Rehired retired teacher” means a retired certificated employee who is a member of the State Teachers' Retirement System or the State Teachers' Pension System and who is hired by a local school system under the provisions of State Personnel and Pensions Article, §§22-406 and 23-407, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The duties and responsibilities of a rehired retired teacher shall be set forth in a contract, the term of which may not exceed 1 year and which may be renewed annually upon the mutual written agreement of the local school system and the rehired retired teacher.</text> </paragraph> <paragraph num="C."> <text>Beginning with the 2001—2002 school year, a rehired retired teacher shall receive the salaries and benefits and be subject to the working conditions that are mutually agreed upon in negotiations between the local board and the appropriate exclusive representative, under Education Article, §6-401 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>All reports and data produced by a rehired retired teacher during the course and scope of employment under the contract shall be the property of the local board of education.</text> </paragraph> <paragraph num="E."> <text>A local board of education may terminate a contract if a rehired retired teacher has not performed, or has performed unsatisfactorily, the duties and responsibilities set forth in the contract.</text> </paragraph> <paragraph num="F."> <text>A controversy or dispute arising out of or relating to a contract or breach of contract shall be governed by the procedures set forth in Education Article, §4-205(c), Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 4-103, 4-204(a), 6-201, 6-202, and 6-302; State Personnel and Pensions Article, §§22-406 and 23-407; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 18, 1968</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 25, 1980 (7:15 Md. R. 1426); January 15, 1989 (15:27 Md. R. 3135); August 19, 2024 (51:16 Md. R. 743)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 31, 1976 (3:7 Md. R. 402); July 20, 1977 (4:15 Md. R. 1154); October 10, 1983 (10:20 Md. R. 1789); June 15, 1987 (14:12 Md. R. 1351); November 6, 1995 (22:22 Md. R. 1668); March 6, 2000 (27:4 Md. R. 455); July 23, 2001 (28:14 Md. R. 1323); April 11, 2005 (32:7 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended as an emergency provision effective July 1, 2010 (37:17 Md. R. 1180); amended permanently effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective June 15, 1987 (14:12 Md. R. 1351); November 6, 1995 (22:22 Md. R. 1668); January 5, 2004 (30:26 Md. R. 1916); April 11, 2005 (32:7 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 15, 1989 (15:27 Md. R. 3135)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective January 28, 1985 (12:2 Md. R. 141)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective July 24, 2000 (27:14 Md. R. 1343)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective June 25, 2001 (28:12 Md. R. 1111)</annotation> </annotations> </chapter> <chapter num="03" heading="Professional Duties"> <regulation prefix="Regulation" num=".01" heading="General Duties."> <paragraph num="A."> <text>Knowledge of Regulations. Every certificated employee shall become familiar with the regulations of the State Board of Education and the regulations of the local board of education.</text> </paragraph> <paragraph num="B."> <text>Organization and Conduct of Schools. Principals and teachers shall organize and conduct their schools and classes in accordance with the programs of study prescribed by the State Board of Education and with the courses of study and regulations issued by the local board of education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Attendance and Absence of Certificated Employees."> <paragraph num="A."> <text>Notification in Case of Absence. When it is necessary for a certificated employee to be absent for any reason, the employee shall report to the local superintendent or designated official. If a teacher acts contrary to this regulation, the employee shall forfeit his or her salary for the time lost and incur such other penalty as the local board may prescribe. A substitute who was not assigned to the school by the local superintendent, or his or her designated official, or whose assignment is not approved by him or her, is not entitled to compensation.</text> </paragraph> <paragraph num="B."> <text>Absence for Illness.</text> <paragraph num="(1)"> <text>Certificated employees in the local school systems in the State shall be allowed minimum sick leave at the rate of 1 work day per month, the annual total of which shall be available at the beginning of the school year.</text> </paragraph> <paragraph num="(2)"> <text>Each certificated employee who shall submit to the local board of education satisfactory proof of illness requiring absence from work shall be paid full salary for the allowed sick leave in any school year plus the minimum cumulative sick leave hereinafter specified. At the discretion of the local board, full, partial, or no salary may be paid for absence because of illness in excess of the allowed minimum annual sick leave and accumulated sick leave.</text> </paragraph> <paragraph num="(3)"> <text>Unused sick leave from and after August 31, 1966, shall be cumulative up to 100 days, provided, however, that local school systems may allow unused cumulative sick leave in excess of 100 days. Sick leave accumulated up to a maximum of 100 days from and after August 31, 1966, shall be transferred without change to any public school system in Maryland. Local school systems may, consistent with local rules and regulations, allow the transfer of cumulative sick leave in excess of 100 days.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Absence for Death in Family. On the death of a child, parent, brother, sister, husband, wife, or of anyone who has lived regularly in the household of a certificated employee, the certificated employee shall be allowed 4 calendar days of absence from school without loss of salary.</text> </paragraph> <paragraph num="D."> <text>Time Lost Not to Be Made Up. Time lost by the certificated employee, whether for illness or any other cause, may not be made up on Saturdays or on legal holidays or in extra hours.</text> </paragraph> <paragraph num="E."> <text>Deductions for Absences. For each day's absence without good and sufficient reason accepted by the local board of education, the board shall deduct the daily rate of pay for that certificated employee.</text> </paragraph> <paragraph num="F."> <text>Record of Certificated Employee's Attendance. Certificated employees shall keep a record of their daily attendance in a manner approved by the State Board of Education and provided by the local board of education for that purpose. The record shall be preserved in good condition and open during school hours for the inspection of the local superintendent or designated official and members of the local board of education, whenever desired.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Personal Conduct."> <text>Certificated employees are prohibited from using controlled substances in any form without a doctor's prescription on the school premises.</text> </regulation> <annotations> <annotation type="Authority">Education Article, § 2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 28, 1969</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3135)</annotation> </annotations> </chapter> <chapter num="04" heading="Evaluation of Professionally Certificated Personnel"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Evaluation” means a written appraisal of professional performance for a school year based on written criteria and procedures.</text> </paragraph> <paragraph num="(2)"> <text>“Professionally certificated personnel” means individuals holding a professional certificate as defined in COMAR 13A.12.01.02B.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Minimum Requirements for Evaluation of Professionally Certificated Personnel."> <paragraph num="A."> <text>General Standards.</text> <paragraph num="(1)"> <text>An evaluation shall be based on written criteria established by the local board of education, including but not limited to scholarship, instructional effectiveness, management skills, professional ethics, and interpersonal relationships.</text> </paragraph> <paragraph num="(2)"> <text>An evaluation shall provide, at a minimum, for an overall rating.</text> </paragraph> <paragraph num="(3)"> <text>An overall rating that is not satisfactory or better is considered unsatisfactory.</text> </paragraph> <paragraph num="(4)"> <text>An evaluation shall be based on at least two observations during the school year.</text> </paragraph> <paragraph num="(5)"> <text>An unsatisfactory evaluation shall include at least one observation by an individual other than the immediate supervisor.</text> </paragraph> <paragraph num="(6)"> <text>The written evaluation report shall be shared with the certificated individual who is the subject of the evaluation.</text> </paragraph> <paragraph num="(7)"> <text>The certificated individual shall receive a copy of and sign the evaluation report.</text> </paragraph> <paragraph num="(8)"> <text>The signature of the certificated individual does not necessarily indicate agreement with the evaluation report.</text> </paragraph> <paragraph num="(9)"> <text>An evaluation shall provide for written comments and reactions by the individual being evaluated, which shall be attached to the evaluation report.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Frequency of Evaluations.</text> <paragraph num="(1)"> <text>Standard Professional Certificate. An individual holding a Standard Professional Certificate shall be evaluated at least once annually.</text> </paragraph> <paragraph num="(2)"> <text>Advanced Professional Certificate.</text> <paragraph num="(a)"> <text>An individual holding an Advanced Professional Certificate shall receive an evaluation at least twice during the validity period of each certificate. The first evaluation shall occur during the initial year of the certificate.</text> </paragraph> <paragraph num="(b)"> <text>An individual holding an Advanced Professional Certificate who receives an unsatisfactory overall rating shall be evaluated at least once annually until receiving a satisfactory rating.</text> </paragraph> <paragraph num="(c)"> <text>If an individual holding an Advanced Professional Certificate receives an overall rating of satisfactory or better, subsequent annual performance shall be considered satisfactory in the absence of an annual evaluation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Minimum Requirements for Observation of Professionally Certificated Personnel."> <paragraph num="A."> <text>An observation, announced or unannounced, shall be conducted with full knowledge of the certificated individual.</text> </paragraph> <paragraph num="B."> <text>A written observation report shall be shared with the certificated individual within a reasonable period of time.</text> </paragraph> <paragraph num="C."> <text>An observation shall provide for written comments and reactions by the individual being observed, which shall be attached to the observation report.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Appeal of an Evaluation."> <paragraph num="A."> <text>In the event of an overall rating of unsatisfactory, the local school system shall, at a minimum, provide certificated individuals with a meaningful appeal in accordance with Education Article, §4-205(c)(4), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>If an observation report is a component of an unsatisfactory evaluation, the observation report may be appealed along with the unsatisfactory evaluation.</text> </paragraph> <paragraph num="C."> <text>The burden of proof is on the certificated individual appealing an overall rating of unsatisfactory.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(b), (e), and (g), 4-205(c), and 6-202; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March, 1969</annotation> <annotation type="History" subtype="Administrative History">Regulation .01, Professional Employees Organizations, repealed effective January 15, 1989 (15:27 Md. R. 3136)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted effective December 5, 1994 (21:24 Md. R. 1989)</annotation> </annotations> </chapter> <chapter num="05" heading="Assignment of Personnel"> <regulation prefix="Regulation" num=".01" heading="Integration."> <text>Local boards of education shall develop and implement plans and procedures for the attainment of racial balance at the various levels of the public school system, reflective of the composition of the population of their respective jurisdictions. These plans and procedures shall apply to the hiring, placing, and promotion of all personnel employed at the various levels of the school system. The plans and procedures provided in this regulation shall be submitted to the State Department of Education by January 1, 1971. The Department shall also require and review reports from local boards on the implementation of this regulation.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 6-105, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March, 1971</annotation> </annotations> </chapter> <chapter num="06" heading="Programs for Professionally Licensed Personnel"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter sets the standards that MSDE uses to issue an approval document to an entity that is responsible for governing and operating an educator preparation program, either traditional or alternative, for the training of educators in the knowledge, skills, and disposition required to understand and teach the Maryland Curriculum Frameworks as licensed educators in the State.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accreditation”, also referred to as “national accreditation”, means a teacher education program has met standards set by a national accrediting agency recognized by the Department and the Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Action research” means a deliberate, solution-oriented investigation to enhance student achievement that is conducted by the teacher candidate, under the guidance of a mentor teacher and clinical faculty.</text> </paragraph> <paragraph num="(3)"> <text>“Alternative teacher preparation program” means a sequence of courses established by a county board, an institution of higher education, or a nonprofit organization and approved by the State Superintendent that leads to a participant receiving a Resident Teacher License issued by the Department and includes teaching assignments with supervision and mentoring by a qualified teacher.</text> </paragraph> <paragraph num="(4)"> <text>“Approval” means a program has met all requirements set by the Department.</text> </paragraph> <paragraph num="(5)"> <text>“Approval with conditions” means a program has met some, but not all, requirements set by the Department and may operate under certain circumstances.</text> </paragraph> <paragraph num="(6)"> <text>“Candidate” means an individual enrolled in an educator preparation program who is preparing for or serving in a position as an educator in schools that educate students in preschool through grade twelve.</text> </paragraph> <paragraph num="(7)"> <text>“Clinical experience” means guided, hands-on, practical applications and demonstrations of a candidate’s professional knowledge and the application of theory through collaborative and facilitated learning, including in the practicum and in field-based assignments, tasks, activities, and assessments across a variety of settings.</text> </paragraph> <paragraph num="(8)"> <text>“Clinical supervisor” means an individual employed by the education preparation provider who oversees a candidate, is trained or experienced in the field in which the individual is supervising, and is trained to work with and provide feedback to candidates.</text> </paragraph> <paragraph num="(9)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Completer” means the candidate has met exit requirements outlined in Regulation .08E of this chapter.</text> </paragraph> <paragraph num="(11)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(12)"> <text>“Educator preparation program (program)” means either a traditional or alternative Maryland-approved sequence of courses and experiences required to train candidates to become licensed educators in a specific area.</text> </paragraph> <paragraph num="(13)"> <text>“Educator preparation provider (provider)” means an accredited college, university, or other post-secondary institution, public or private educational association, local school system, corporation, or institution approved to operate traditional or alternative educator training programs in Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Entrance” means matriculation into a program.</text> </paragraph> <paragraph num="(15)"> <text>“Exit” means completion of a program.</text> </paragraph> <paragraph num="(16)"> <text>“Focused revisit” means the subsequent review by the Department of a program that holds the status of approved with conditions or probation.</text> </paragraph> <paragraph num="(17)"> <text>“Institution of higher education” means a place of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.</text> </paragraph> <paragraph num="(18)"> <text>“Interstate Certification Compact (ICC)” means a legal agreement with other states to facilitate the certification of out-of-State teachers and other professional educational personnel as authorized by Education Article, Title 6, Subtitle 6, Annotated Code of Maryland, or as otherwise provided by law.</text> </paragraph> <paragraph num="(19)"> <text>“Local school system (LSS)” means a Maryland public local education agency, a State-operated school, or a nonpublic school.</text> </paragraph> <paragraph num="(20)"> <text>“Maryland Teacher-Principal Evaluation” means an assessment framework for the performance of teachers, administered annually by the local school system, a State-operated school, or a nonpublic school, and recommended by the State.</text> </paragraph> <paragraph num="(21)"> <text>“Mentor teacher” means a highly competent educator, trained and selected by the partner school, who will work to instill in the participant the skills, attitudes, values, and knowledge necessary for the next generation of teachers.</text> </paragraph> <paragraph num="(22)"> <text>“Partner school” means a local school system, nonpublic school, nonpublic special education school, or eligible prekindergarten provider that has a written partnership agreement with an institution of higher education or alternative teacher preparation program to provide a teacher training practicum for participants enrolled in a teacher preparation program at the institution of higher education or alternative teacher preparation program.</text> </paragraph> <paragraph num="(23)"> <text>“Practicum” means the clinical experiences in which candidates have an increased teaching responsibility under the guidance of a mentor teacher.</text> </paragraph> <paragraph num="(24)"> <text>“Probation” means a program has seriously failed to meet program requirements or has demonstrated a pattern of noncompliance.</text> </paragraph> <paragraph num="(25)"> <text>“Professional development” means a variety of specialized training, formal education, or advanced learning intended to help administrators, teachers, and other educators improve their professional knowledge, competence, skill, and effectiveness.</text> </paragraph> <paragraph num="(26)"> <text>“Traditional program” means a sequence of courses for educator preparation that:</text> <paragraph num="(a)"> <text>Is offered by a college or university leading to a degree and that includes:</text> <paragraph num="(i)"> <text>General education and content coursework;</text> </paragraph> <paragraph num="(ii)"> <text>Professional coursework;</text> </paragraph> <paragraph num="(iii)"> <text>Clinical experiences; and</text> </paragraph> <paragraph num="(iv)"> <text>Demonstration of standards and competencies required to prepare educators for teaching students in the classroom environment; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>On completion, makes candidates eligible for licensure in Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, the following documents related to national and State standards are incorporated by reference:</text> <paragraph num="A."> <text>Administrative or Supervisory Areas.</text> <paragraph num="(1)"> <text>Professional Standards for Educational Leaders (PSEL), National Policy Board for Educational Administration (NPBEA), 2015.</text> </paragraph> <paragraph num="(2)"> <text>Program Recognition Standards: District Level, National Educational Leadership Preparation (NELP), 2018.</text> </paragraph> <paragraph num="(3)"> <text>ISTE Standards for Educational Leaders, International Society for Technology in Education (ISTE), 2018.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Early Childhood/Elementary Areas.</text> <paragraph num="(1)"> <text>Ensuring Quality in Early Childhood Education Professional Preparation Programs: NAEYC’s Early Childhood Higher Education Accreditation Standards, 2021.</text> </paragraph> <paragraph num="(2)"> <text>CAEP 2018 K-6 Elementary Teacher Preparation Standards, Council for the Accreditation of Educator Preparation (CAEP), 2018.</text> </paragraph> </paragraph> <paragraph num="C."> <text>English.</text> <paragraph num="(1)"> <text>National Council of Teachers of English (NCTE) Standards for the Initial Preparation of Teachers of English Language Arts 7–12, 2021.</text> </paragraph> <paragraph num="(2)"> <text>Maryland College and Career Ready (MCCR) Standards for English Language Arts/Literacy, 2014.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Mathematics.</text> <paragraph num="(1)"> <text>Standards for Mathematical Practice, Common Core State Standards Initiative, 2010.</text> </paragraph> <paragraph num="(2)"> <text>Standards for Mathematics Teacher Preparation, National Council of Teachers of Math (NCTM), 2020.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Middle School Areas. Middle Level Teacher Preparation Standards with Rubrics and Supporting Explanations, Association for Middle Level Education (AMLE), 2022.</text> </paragraph> <paragraph num="F."> <text>Science.</text> <paragraph num="(1)"> <text>Standards for Science Teacher Preparation, National Science Teachers Association (NSTA), 2020.</text> </paragraph> <paragraph num="(2)"> <text>Disciplinary Core Ideas (DCI) Arrangements of the Next Generation Science Standards, Next Generation Science Standards (NGSS), 2017.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Special Education.</text> <paragraph num="(1)"> <text>Initial Practice-Based Professional Preparation Standards for Special Educators, Council for Exceptional Children (CEC), 2020.</text> </paragraph> <paragraph num="(2)"> <text>Initial Practice-Based Standards for Early Interventionists/Early Childhood Special Educators, Council for Exceptional Children (CEC), 2020.</text> </paragraph> <paragraph num="(3)"> <text>Knowledge and Practice Standards for Teachers of Reading, International Dyslexia Association (IDA), 2018.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Secondary Areas.</text> <paragraph num="(1)"> <text>Standards for School-Based Agricultural Education Teacher Preparation Programs, American Association for Agricultural Education (AAAE), 2017.</text> </paragraph> <paragraph num="(2)"> <text>Business Teacher Education Curriculum Guide and Program Standards, National Business Education Association (NBEA), 2013.</text> </paragraph> <paragraph num="(3)"> <text>Standards for Computer Science Teachers, Computer Science Teachers Association (CSTA), 2020.</text> </paragraph> <paragraph num="(4)"> <text>Standards for Technological and Engineering Literacy: The Role of Technology and Engineering in STEM Education, International Technology and Engineering Educators Association (ITEEA), 2021.</text> </paragraph> <paragraph num="(5)"> <text>National Standards for Teachers of Family And Consumer Sciences, National Association of State Administrators of Family and Consumer Sciences (NASAFACS), 2018.</text> </paragraph> <paragraph num="(6)"> <text>National Core Arts Standards: Theatre, National Coalition for Core Arts Standards, 2014.</text> </paragraph> <paragraph num="(7)"> <text>National Standards for the Preparation of Social Studies Teachers, National Council for Social Studies (NCSS), 2018.</text> </paragraph> <paragraph num="(8)"> <text>Handbook, National Association of Schools of Theatre (NAST), 2023—2024.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Specialist Areas.</text> <paragraph num="(1)"> <text>NAGC — CEC Teacher Preparation Standards in Gifted and Talented Education, National Association for Gifted Children (NAGC) — Gifted and Talented Specialist: Council for Exceptional Children (CEC); The Association for the Gifted (TAG), 2013.</text> </paragraph> <paragraph num="(2)"> <text>Introduction to the 2024 CACREP Standards, Council for Accreditation of Counseling & Related Educational Programs (CACREP), 2024.</text> </paragraph> <paragraph num="(3)"> <text>ASCA Standards, American School Counselor Association (ASCA), 2019.</text> </paragraph> <paragraph num="(4)"> <text>American Library Association (ALA), American Association of School Librarians (AASL), & the Council for the Accreditation of Educator Preparation (CAEP) School Librarian Preparation Standards, 2019.</text> </paragraph> <paragraph num="(5)"> <text>Standards Framework for Learners, American Association of School Librarians (AASL), 2018.</text> </paragraph> <paragraph num="(6)"> <text>Standards for Accreditation of Master’s Programs in Library and Information Studies, Adopted by the Council of the American Library Association (ALA), 2015.</text> </paragraph> <paragraph num="(7)"> <text>Standards for the Preparation of Literacy Professionals, International Literacy Association (ILA) Standards for the Preparation of Literacy Professionals, 2017.</text> </paragraph> <paragraph num="(8)"> <text>Standards for Graduate Preparation of School Psychologists, National Association of School Psychologists (NASP), [2010] 2020.</text> </paragraph> <paragraph num="(9)"> <text>Standards for School Social Work Services, National Association of Social Workers (NASW), 2012.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Specialty Areas (PreK—12).</text> <paragraph num="(1)"> <text>ACTFL/CAEP Program Standards for the Preparation of Foreign Language Teachers, American Council on the Teaching of Foreign Languages (ACTFL)/ Council for the Accreditation of Educator Preparation (CAEP), 2013.</text> </paragraph> <paragraph num="(2)"> <text>Standards for Learning American Sign Language: A Project of the American Sign Language Teachers Association, American Sign Language Teachers Association (ASLTA), 2012.</text> </paragraph> <paragraph num="(3)"> <text>Standards for Art Teacher Preparation, National Art Education Association (NAEA), 2009.</text> </paragraph> <paragraph num="(4)"> <text>National Association of Schools of Music (NASM), Handbook 2023—2024.</text> </paragraph> <paragraph num="(5)"> <text>National Core Arts Standards: Dance, National Coalition for Core Arts Standards, 2014.</text> </paragraph> <paragraph num="(6)"> <text>National Core Arts Standards: Music, National Coalition for Core Arts Standards, 2014.</text> </paragraph> <paragraph num="(7)"> <text>National Core Arts Standards: Visual Arts, National Coalition for Core Arts Standards, 2014.</text> </paragraph> <paragraph num="(8)"> <text>SOPHE 2019 Health Education Teacher Preparation Standards, Society for Public Health Education (SOPHE), 2019.</text> </paragraph> <paragraph num="(9)"> <text>National Standards for Initial Physical Education Teacher Education, Society of Health and Physical Educators (SHAPE), 2017.</text> </paragraph> <paragraph num="(10)"> <text>Standards for Initial TESOL Pre-K—12 Teacher Preparation Programs, Teaching English to Speakers of Other Languages (TESOL), 2019.</text> </paragraph> <paragraph num="(11)"> <text>WIDA’s English Language Development Standards, Kindergarten—Grade 12, WIDA, 2020.</text> </paragraph> </paragraph> <paragraph num="K."> <text>General Teaching.</text> <paragraph num="(1)"> <text>Standards for Educators, International Society for Technology in Education (ISTE), 2017.</text> </paragraph> <paragraph num="(2)"> <text>Model Core Teaching Standards and Learning Progressions for Teachers 1.0, Interstate Teacher Assessment and Support Consortium (InTASC), 2013.</text> </paragraph> <paragraph num="(3)"> <text>Model Code of Ethics for Educators (MCEE) 2nd Ed., National Association of State Directors of Teacher Education and Certification, (2023).</text> </paragraph> <paragraph num="(4)"> <text>Social Justice Standards: The Teaching Tolerance Anti-Bias Framework, Teaching Tolerance, A Project of the Southern Poverty Law Center, 2018.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="State Consent to Offer Programs."> <paragraph num="A."> <text>An individual, public or private educational association, corporation, or institution of higher education may not offer an educator preparation program without obtaining the permission of the Commission and the Department by meeting the requirements of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Department may allow a provider to operate an educator preparation program if:</text> <paragraph num="(1)"> <text>The Commission has granted a Maryland institution preparing educators approval to operate in Maryland as applicable; and</text> </paragraph> <paragraph num="(2)"> <text>The provider obtains and continues to hold accreditation from a national accreditation organization recognized by the Department and the Commission, or meets the approval requirements as outlined in this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="National Accreditation."> <paragraph num="A."> <text>In this regulation, “national accreditation” means teacher education accreditation by an accrediting agency recognized by the Department and the Commission.</text> </paragraph> <paragraph num="B."> <text>A provider does not need to meet State approval standards if it holds and maintains accreditation from a national accrediting agency recognized by the Department and the Commission.</text> </paragraph> <paragraph num="C."> <text>A provider shall notify the Department when it applies to a national accreditation organization recognized by the Department and the Commission.</text> </paragraph> <paragraph num="D."> <text>A provider shall operate its program in a manner that is consistent with the requirements of the national accrediting agency.</text> </paragraph> <paragraph num="E."> <text>A provider shall submit to the Department proof of accreditation with supporting documentation within 30 calendar days after receiving it.</text> </paragraph> <paragraph num="F."> <text>A provider shall notify the Department within 15 calendar days of any change in a program’s accreditation status.</text> </paragraph> <paragraph num="G."> <text>Programs that have chosen national accreditation may be reviewed by their accrediting organization at the request of the Department.</text> </paragraph> <paragraph num="H."> <text>The Department may investigate complaints regarding any aspect of a program separate from any review conducted by the national accrediting agency.</text> </paragraph> <paragraph num="I."> <text>A provider that holds national accreditation shall inform the Department in writing at least 90 calendar days before a program stops operating and provide an exit plan for current students that includes notification to those students.</text> </paragraph> <paragraph num="J."> <text>A provider of a program that holds national accreditation shall submit reporting requirements outlined in Regulation .10A(5) of this chapter.</text> </paragraph> <paragraph num="K."> <text>The Department shall pay:</text> <paragraph num="(1)"> <text>Any fee that a national accrediting agency charges an institution of higher education in connection with the accreditation process;</text> </paragraph> <paragraph num="(2)"> <text>Any training fee that a national accrediting agency charges a State representative who serves with a review team of an accrediting agency in conjunction with an accreditation visit to an institution of higher education in the State; and</text> </paragraph> <paragraph num="(3)"> <text>One-half of the expenses incurred by an institution of higher education in connection with the accreditation visit of a review team of a national accrediting agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Application for State Approval."> <paragraph num="A."> <text>Application for State Approval for Traditional and Alternative Programs.</text> <paragraph num="(1)"> <text>A provider shall submit an application for new program approval to the Department that includes the following:</text> <paragraph num="(a)"> <text>A description of the program and other administrative information, including the plan for implementing Department-mandated program components as defined in Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>A plan to recruit racially and ethnically diverse candidates; and</text> </paragraph> <paragraph num="(c)"> <text>Documentation that the program is aligned to national content standards, or documentation of the process required in Regulation .07C when national content standards are not available, including:</text> <paragraph num="(i)"> <text>A needs assessment demonstrating the demand for program completers in the employment market and demand by potential candidates, which may be met by documentation provided to the Commission;</text> </paragraph> <paragraph num="(ii)"> <text>The curriculum for the program and a course sequence chart, including syllabi for any new courses;</text> </paragraph> <paragraph num="(iii)"> <text>Descriptions of the expected outcomes of the programs and how those outcomes will be assessed;</text> </paragraph> <paragraph num="(iv)"> <text>Key assessments in the program, using rubrics aligned to national content standards and Maryland-approved PreK—12 competencies;</text> </paragraph> <paragraph num="(v)"> <text>Vitae for all faculty administering or delivering instruction in the program; and</text> </paragraph> <paragraph num="(vi)"> <text>Descriptions of materials, media, and resources available for the program, and how technology is integrated into the curriculum or program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A provider shall notify the Department not later than 6 months before applying for State approval.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Department shall issue a letter of approval to the provider to begin operation of a program or programs when the provider has met the requirements of this chapter.</text> </paragraph> <paragraph num="C."> <text>The Department shall include the following in the approval letter:</text> <paragraph num="(1)"> <text>Name of the provider;</text> </paragraph> <paragraph num="(2)"> <text>Location of the provider;</text> </paragraph> <paragraph num="(3)"> <text>List of programs leading to certification;</text> </paragraph> <paragraph num="(4)"> <text>Description of degree or degrees, and certificates awarded on completion of the program; and</text> </paragraph> <paragraph num="(5)"> <text>Length of approval.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A provider shall operate its program in a manner that is consistent with the specifications in its approval letter and the requirements of this chapter.</text> </paragraph> <paragraph num="E."> <text>If a provider plans a change in operation that is inconsistent with the specifications in its approval letter, the provider shall notify the Department in writing not later than 6 months before the intended change and include a letter from the Commission indicating approval of the change, if required by the Commission.</text> </paragraph> <paragraph num="F."> <text>A provider may not implement a change in the operation of a program until the Department has been notified and has determined whether a change to the approval letter is required.</text> </paragraph> <paragraph num="G."> <text>The Department may not approve a change in an approval letter under any of the following circumstances:</text> <paragraph num="(1)"> <text>The program status is approval with conditions, unless the provider provides sufficient evidence that the change is necessary to meet all approval requirements;</text> </paragraph> <paragraph num="(2)"> <text>The program is on probation;</text> </paragraph> <paragraph num="(3)"> <text>The program has not filed its annual report with the Department;</text> </paragraph> <paragraph num="(4)"> <text>The Department is investigating a written complaint alleging that the provider’s program is in violation of one or more regulations under this chapter, unless the change is necessary to bring the program into compliance with this chapter; or</text> </paragraph> <paragraph num="(5)"> <text>The Department is implementing procedures and sanctions as specified in Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The Department shall notify a provider that a requested change may not be implemented in writing within 30 days of the date of the written request.</text> </paragraph> <paragraph num="I."> <text>A provider shall inform the Department in writing not later than 90 calendar days before a program stops operating and provide an exit plan for current students that includes notification to those students.</text> </paragraph> <paragraph num="J."> <text>The approval letter is void if:</text> <paragraph num="(1)"> <text>The provider stops operating a program; or</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent issues a final order requiring the program to stop operations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="State Program Approval Process."> <paragraph num="A."> <text>Requirements for Traditional and Alternative Programs.</text> <paragraph num="(1)"> <text>A provider may seek approval for a new program, or a new specialization in a currently operating program area, if the documentation submitted contains sufficient justification to warrant the program or new specialization, and has been approved by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Where a provider seeks first-time approval for a program, the Department may conduct annual monitoring and a full review of the program or programs within the first 2 years of operation and may also conduct an on-site review if considered necessary by the Department to confirm information in the application.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall approve or reject the proposal for a new program and notify representatives of the provider, in writing, of the decision.</text> </paragraph> <paragraph num="(4)"> <text>A new program may not admit candidates to the program until the Department has provided approval.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Special Requirements for Alternative Programs.</text> <paragraph num="(1)"> <text>In addition to meeting the requirements found in §A of this regulation, a provider of an alternative program shall provide at least 4 weeks of professional development before the candidate assumes full responsibility of the classroom.</text> </paragraph> <paragraph num="(2)"> <text>The provider shall ensure this professional development includes, but is not limited to, pre-employment training, initial coursework, pedagogy, and pre-practicum experiences.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Program Approval Process Where No National Content Standards Are Available.</text> <paragraph num="(1)"> <text>As part of the approval process for proposed programs for which there are no national content standards, the Department shall review the program application, and may also conduct an on-site review if considered necessary by the Department to confirm information in the application.</text> </paragraph> <paragraph num="(2)"> <text>A program approved under this section shall complete all requirements in §A to receive program approval.</text> </paragraph> <paragraph num="(3)"> <text>At least 6 months before requesting program approval, a provider shall notify the Department of its intent to initiate the review process for a program for which there are no national content standards.</text> </paragraph> <paragraph num="(4)"> <text>At least 6 months before the approval is requested, the provider shall submit the application for approval to the Department.</text> </paragraph> <paragraph num="(5)"> <text>The provider shall ensure this application includes:</text> <paragraph num="(a)"> <text>A description of the proposed program;</text> </paragraph> <paragraph num="(b)"> <text>A detailed description and outline of proposed program content and coursework; and</text> </paragraph> <paragraph num="(c)"> <text>Identification of national content standards most closely related and relevant to the proposed program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="State Program Approval Requirements."> <paragraph num="A."> <text>Entry Requirements for Teacher Preparation Programs.</text> <paragraph num="(1)"> <text>A provider of a traditional program shall require candidates to have a grade point average (GPA) of at least 3.0 on a 4.0 scale during the most recent 2 years of the candidate’s post-secondary education or demonstrate mastery of general knowledge by providing evidence of a qualifying score, as established by the State Superintendent of Schools and as approved by the State Board of Education (SBOE), on a basic skills assessment.</text> </paragraph> <paragraph num="(2)"> <text>A provider of an alternative program shall require candidates to submit:</text> <paragraph num="(a)"> <text>A GPA of at least 3.0 on a 4.0 scale at the post-secondary level, or demonstrate mastery of general knowledge by providing evidence of a qualifying score, as established by the State Superintendent of Schools and as approved by the SBOE, on a basic skills assessment; and</text> </paragraph> <paragraph num="(b)"> <text>Evidence of one of the following:</text> <paragraph num="(i)"> <text>A conferred bachelor’s degree or higher with a major related to the program licensure area;</text> </paragraph> <paragraph num="(ii)"> <text>A conferred bachelor’s degree or higher with a minimum of 24 semester hours of credit related to the licensure area; or</text> </paragraph> <paragraph num="(iii)"> <text>A conferred bachelor’s degree or higher and evidence of a qualifying score on an approved content assessment, as established by the State Superintendent of Schools and as approved by the SBOE.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Waiver of Entry Requirements.</text> <paragraph num="(1)"> <text>A provider of a program may waive the entrance requirement for up to 10 percent of the candidates admitted in an annual cohort.</text> </paragraph> <paragraph num="(2)"> <text>A provider of a program shall implement strategies to ensure that candidates admitted under a waiver receive assistance to successfully demonstrate the required standards and competencies and meet requirements for licensure on exit from the program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Standards and Competencies.</text> <paragraph num="(1)"> <text>A provider shall ensure that its teacher preparation programs provide the following for all candidates:</text> <paragraph num="(a)"> <text>Instruction and experiences in the core academic subjects that the teacher will be teaching, aligned with Maryland-recognized national content and pedagogy standards listed under Regulation .03A of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Instruction and experiences aligned with Department-approved competencies under Regulations .12—.15 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Instruction in the Department-approved Model Code of Ethics for Educators;</text> </paragraph> <paragraph num="(d)"> <text>Instruction in teaching in high poverty, culturally diverse, and linguistically diverse schools under Regulation .15 of this chapter;</text> </paragraph> <paragraph num="(e)"> <text>Instruction in research-based literacy instruction aligned to the science of reading for the grade level the individual will be teaching; and</text> </paragraph> <paragraph num="(f)"> <text>Training in the skills and techniques for teaching effectively in a virtual learning environment, including the use of online curricula.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A provider of a teacher preparation program leading to licensure in early childhood education, elementary education, English as a Second Language, and special education shall:</text> <paragraph num="(a)"> <text>Provide coursework demonstrating coverage of research-based literacy instruction aligned to the science of reading including phonemic awareness, phonics, vocabulary, fluency, and comprehension;</text> </paragraph> <paragraph num="(b)"> <text>Use high-quality curricula and materials that accurately detail the principles of scientifically based reading practices;</text> </paragraph> <paragraph num="(c)"> <text>Provide opportunities for candidates to demonstrate mastery of reading instruction through in-class assignments, tests, and instructional practice; and</text> </paragraph> <paragraph num="(d)"> <text>Prepare candidates to interpret reading assessment data to identify students with reading difficulties and inform instruction.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A provider shall ensure that programs preparing candidates for licensure in early childhood and elementary education provide content instruction in each of the following:</text> <paragraph num="(a)"> <text>English language arts;</text> </paragraph> <paragraph num="(b)"> <text>Social studies;</text> </paragraph> <paragraph num="(c)"> <text>Math; and</text> </paragraph> <paragraph num="(d)"> <text>Science.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Programs for Specialists. The Department shall approve specialists programs according to the national standards listed in Regulation .03A of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>Programs for Administrators.</text> <paragraph num="(a)"> <text>The Department shall approve administrator programs according to the national standards listed in Regulation .03A of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>A provider of a program that offers courses in school administration shall:</text> <paragraph num="(i)"> <text>Develop a method for evaluating the potential of candidates to be effective school leaders;</text> </paragraph> <paragraph num="(ii)"> <text>Develop a curriculum to enable candidates to organize and manage both schools and highly skilled professionals in a professional work environment, and achieve effective peer observations and effective evaluations of other personnel;</text> </paragraph> <paragraph num="(iii)"> <text>Include clinical experiences and assessments that measure competencies established in the program curriculum; and</text> </paragraph> <paragraph num="(iv)"> <text>Include instruction in research-based literacy instruction aligned to the science of reading.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Clinical Experiences.</text> <paragraph num="(1)"> <text>Each participant in an undergraduate, graduate, or alternative teacher preparation program shall complete a teacher training practicum as a requirement for program completion.</text> </paragraph> <paragraph num="(2)"> <text>A provider shall ensure that a teacher training program incorporates classroom observations in which the candidate is observed in different school settings at the beginning of the program to assist in determining if the candidate has the aptitude and temperament for teaching.</text> </paragraph> <paragraph num="(3)"> <text>A teacher training practicum may be completed consecutively or over the course of the program.</text> </paragraph> <paragraph num="(4)"> <text>Before July 1, 2025, a provider shall ensure that a teacher preparation program has a required practicum of a minimum of 100 days.</text> </paragraph> <paragraph num="(5)"> <text>Minimum Required Practicum.</text> <paragraph num="(a)"> <text>Beginning on July 1, 2025, a provider shall ensure that:</text> <paragraph num="(i)"> <text>An undergraduate teacher preparation program has a required practicum equivalent to a full school year;</text> </paragraph> <paragraph num="(ii)"> <text>A graduate teacher preparation program has a required practicum of a minimum of 100 days; and</text> </paragraph> <paragraph num="(iii)"> <text>An alternative teacher preparation program has a required practicum equivalent to a full school year.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Exceptions.</text> <paragraph num="(i)"> <text>If an alternative teacher preparation program operating in Maryland on or before July 1, 2021, provides effective and diverse teachers in schools and local school systems, as approved by the State Superintendent, and has high rates of teacher vacancies, teacher turnover, and new teachers relative to other public schools in Maryland, a provider shall ensure that this program has a required practicum of a minimum of 100 days.</text> </paragraph> <paragraph num="(ii)"> <text>Candidates in an alternative teacher preparation program for early childhood education may satisfy criteria established by the Department that evaluate the knowledge and skills from prior learning relating to early childhood education in place of a practicum.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>A provider shall ensure collaboration with mentor teachers of a partner school to evaluate participants in a teacher training practicum and ensure each participant demonstrates the competencies required of licensed teachers.</text> </paragraph> <paragraph num="(7)"> <text>Special Requirements for Alternative Teacher Preparation Programs. A provider shall ensure that a teacher training practicum in an alternative teacher preparation program includes, at a minimum, the following content:</text> <paragraph num="(a)"> <text>Preparing lesson plans;</text> </paragraph> <paragraph num="(b)"> <text>Teaching;</text> </paragraph> <paragraph num="(c)"> <text>Debriefing;</text> </paragraph> <paragraph num="(d)"> <text>Observation of a class of students to which the participant is assigned as a student teacher; and</text> </paragraph> <paragraph num="(e)"> <text>40 hours of teaching during class periods.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A provider shall ensure that a program leading to licensure in an area of teaching includes a practicum experience in a partner school and:</text> <paragraph num="(a)"> <text>Is located in a Maryland public school, a nonpublic school, or an out-of-State school with the permission of the State Superintendent;</text> </paragraph> <paragraph num="(b)"> <text>Is aligned with program curricula that encompass the area, subject, or category of licensure being sought by candidates, including opportunities to provide reading instruction for those candidates enrolled in early childhood, elementary, special education, and ESOL programs;</text> </paragraph> <paragraph num="(c)"> <text>Provides candidates on-site supervision by a mentor teacher and ongoing support by a clinical supervisor from the provider, including:</text> <paragraph num="(i)"> <text>Documented observations;</text> </paragraph> <paragraph num="(ii)"> <text>Collaboration between clinical supervisors and mentor teachers to evaluate candidates for demonstration of required competencies;</text> </paragraph> <paragraph num="(iii)"> <text>Observations and evaluations of candidates, aligned to a Department-approved educator evaluation system; and</text> </paragraph> <paragraph num="(iv)"> <text>Feedback, placement, remediation, or supports, informed by candidate evaluation; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Ensures candidates are responsible for the instruction and classroom management of a roster of students for a minimum of 150 hours during the practicum.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A provider shall ensure that a program for administrators includes supervised clinical experience totaling a minimum of 240 hours distributed within the program to include observations and evaluations of candidates aligned to a Department-approved administrator evaluation system.</text> </paragraph> <paragraph num="(10)"> <text>A provider shall ensure that a program for specialists includes a supervised clinical experience in the specialty area being pursued.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Exit Requirements.</text> <paragraph num="(1)"> <text>A provider shall establish exit requirements for programs that:</text> <paragraph num="(a)"> <text>Demonstrate successful completion of required coursework that is based on Department-recognized national content standards and Department-approved competencies;</text> </paragraph> <paragraph num="(b)"> <text>Demonstrate successful completion of the clinical experience outlined in §D of this regulation; and</text> </paragraph> <paragraph num="(c)"> <text>Enable teacher candidates to, beginning July 1, 2025, complete:</text> <paragraph num="(i)"> <text>A nationally recognized and nationally scored portfolio-based assessment of teaching ability approved by the State Board of Education; or</text> </paragraph> <paragraph num="(ii)"> <text>A rigorous local school system teacher induction program that meets the requirements listed in §E(3) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Candidates who complete an approved program in the State who passed an approved portfolio-based assessment will not be required to take the assessment more than one time.</text> </paragraph> <paragraph num="(3)"> <text>A local school system induction program under §E(1)(c)(ii) of this regulation shall:</text> <paragraph num="(a)"> <text>Be developed by the local school system, either independently or collaboratively with other local school systems;</text> </paragraph> <paragraph num="(b)"> <text>Be approved by the Department;</text> </paragraph> <paragraph num="(c)"> <text>Last the lesser of 3years or the amount of time a teacher holds a conditional license; and</text> </paragraph> <paragraph num="(d)"> <text>Include a locally developed portfolio component that is aligned with the Interstate Teacher Assessment and Support Consortium Standards.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Credit Requirements.</text> <paragraph num="(1)"> <text>A provider shall ensure that a program leading to a bachelor’s degree is a 4-year program and award 120 credits, unless otherwise permitted by law.</text> </paragraph> <paragraph num="(2)"> <text>A provider may expand the program by no more than 12 semester hours of credit or an additional semester only with the permission of the Department and the Commission.</text> </paragraph> <paragraph num="(3)"> <text>A locally developed portfolio established under §E(3) of this regulation may be used to meet a portion of the coursework requirements of the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Clinical Experience Placements."> <paragraph num="A."> <text>A partner school and a provider shall establish a teacher training practicum through a written partnership agreement, as follows:</text> <paragraph num="(1)"> <text>The provider of a program shall prioritize selecting partner schools within its same community;</text> </paragraph> <paragraph num="(2)"> <text>The provider of a program and a partner school shall seek to provide teacher training placements in a variety of school environments with diverse student populations that provide participants with the same kind of experiences as teachers employed in the State; and</text> </paragraph> <paragraph num="(3)"> <text>The instructional program and work organization of a partner school located in a local school system shall reflect the career ladder once the Accountability and Implementation Board determines that the career ladder system is well established throughout the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A clinical mentor teacher shall:</text> <paragraph num="(1)"> <text>Be a highly competent teacher demonstrated by evidence of impacting student achievement;</text> </paragraph> <paragraph num="(2)"> <text>Be trained and selected by the partner school;</text> </paragraph> <paragraph num="(3)"> <text>Hold a professional Maryland educator license;</text> </paragraph> <paragraph num="(4)"> <text>Have the skills and knowledge needed to mentor teacher training practicum participants and to instill the skills, attitudes, values, and knowledge necessary for the next generation of teachers;</text> </paragraph> <paragraph num="(5)"> <text>Provide opportunities for teacher training practicum participants in guided, hands-on, practical applications and demonstrations of a candidate’s professional knowledge while applying educational theory through collaborative and facilitated learning tasks, activities, and assessments;</text> </paragraph> <paragraph num="(6)"> <text>Have teaching and release time per the implementation of the county board approved career ladder to mentor candidates and lead workshops and demonstrations at the school level;</text> </paragraph> <paragraph num="(7)"> <text>Collaborate with the educator preparation program to evaluate participants in a teacher training practicum to ensure each participant demonstrates the competencies required of certified teachers; and</text> </paragraph> <paragraph num="(8)"> <text>Be selected using the following criteria:</text> <paragraph num="(a)"> <text>From the career ladder system, as applicable, when the Accountability and Implementation Board determines that the career ladder system is well established throughout the State;</text> </paragraph> <paragraph num="(b)"> <text>Until the Accountability and Implementation Board makes a determination that the career ladder is well established, meet the requirements of §B(1)—(7) of this regulation; and</text> </paragraph> <paragraph num="(c)"> <text>A partner school may select a clinical mentor who is not on the career ladder if the partner school can demonstrate the need to justify the selection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Program Collaboration with Clinical Experience Placements.</text> <paragraph num="(1)"> <text>The provider of the program shall collaborate with the partner school to provide the mentor teacher:</text> <paragraph num="(a)"> <text>Initial training on best practices in coaching, mentoring, and reflective strategies; and</text> </paragraph> <paragraph num="(b)"> <text>Additional professional development to support mentor teachers.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The provider of the program shall collaborate with mentor teachers to ensure teacher candidates demonstrate the teacher competencies established in Regulations .12—.15 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Partner School Requirements.</text> <paragraph num="(1)"> <text>A partner school shall:</text> <paragraph num="(a)"> <text>Assist in finding teaching training practicum placements, to ensure:</text> <paragraph num="(i)"> <text>A well-rounded clinical experience based on student population and geographic location;</text> </paragraph> <paragraph num="(ii)"> <text>Exposure to distinguished instructional practices; and</text> </paragraph> <paragraph num="(iii)"> <text>Placement with a mentor teacher who meets the requirements outlined in §B of this regulation, and is professionally licensed in the area in which the candidate is placed; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Actively collaborate with programs to ensure mentoring and growth of teacher candidates.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Compensation of Mentor Teachers.</text> <paragraph num="(a)"> <text>Partner schools shall compensate mentor teachers who supervise participants in a teacher training practicum.</text> </paragraph> <paragraph num="(b)"> <text>When the career ladder system is well established throughout the State, as determined by the Accountability and Implementation Board, the compensation of mentor teachers will be according to the career ladder system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Action Research.</text> <paragraph num="(1)"> <text>A provider shall ensure that all programs require teacher candidates to conduct action research during the practicum.</text> </paragraph> <paragraph num="(2)"> <text>Candidates shall present findings to the partner school and program.</text> </paragraph> <paragraph num="(3)"> <text>Candidates shall ensure these findings include the ongoing cycle of problem identification, data collection, reflection, analysis, and lessons learned for the next cycle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="State Program Reporting."> <paragraph num="A."> <text>Compliance with Program Requirements.</text> <paragraph num="(1)"> <text>A provider shall provide evidence of adherence to program requirements as outlined in this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If a provider submits annual reporting to a national accreditation agency recognized by the Department and the Commission, the provider shall submit a copy of the annual report to the Department within 30 calendar days.</text> </paragraph> <paragraph num="(3)"> <text>A provider shall submit data and annual reports to the Department demonstrating each program’s compliance with requirements.</text> </paragraph> <paragraph num="(4)"> <text>A provider shall ensure the annual reports include documentation of compliance with the following measures:</text> <paragraph num="(a)"> <text>Entry requirements as stated in Regulation .08A of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Clinical experience requirements as stated in Regulation .08D of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Standards and competencies requirements as stated in Regulation .08C of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Exit requirements as stated in Regulation .08E of this chapter, including candidate passing rates on performance assessments, as well as rate of program completion, and attrition data;</text> </paragraph> <paragraph num="(e)"> <text>Candidate evaluation requirements as stated in Regulation .08D(8)(c) of this chapter, including documentation of evaluation processes and remediation policies as defined by the program; and</text> </paragraph> <paragraph num="(f)"> <text>The process by which the provider uses data to continuously improve the program, including, but not limited to, the recruitment and support of a racially and ethnically diverse pool of candidates.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A provider shall compile and report data to the Department for each graduating cohort at the individual level, including race, ethnicity, and gender, for the most recent 5 years of program cohorts, on a selection of Department-identified metrics that may include, at a minimum:</text> <paragraph num="(a)"> <text>Program completion rates, including number and demographics of completers, non-completers, and degrees granted;</text> </paragraph> <paragraph num="(b)"> <text>Placement in partner schools by subject area, grade level, LSS employer, and school;</text> </paragraph> <paragraph num="(c)"> <text>Performance, including passing rates on Department-approved performance, content, and basic skills assessments;</text> </paragraph> <paragraph num="(d)"> <text>Enrollment data, including candidate residence, and past and projected enrollment in each program;</text> </paragraph> <paragraph num="(e)"> <text>Employment of graduates/completers;</text> </paragraph> <paragraph num="(f)"> <text>Retention of program completers through the first 5 years of employment; and</text> </paragraph> <paragraph num="(g)"> <text>Candidate satisfaction survey.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Department will distribute to providers a copy of the Maryland Curriculum Frameworks for prekindergarten through 12th grade on an annual basis to ensure content, composition, and expectations of teachers are current.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="State Program Renewal, Oversight, and Revocation."> <paragraph num="A."> <text>Program Review.</text> <paragraph num="(1)"> <text>The Department shall review programs every 5 years.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall approve programs that meet its requirements and standards for 5 years.</text> </paragraph> <paragraph num="(3)"> <text>Programs that fail to meet all the requirements and standards addressed in this chapter may be approved with conditions or placed on probation.</text> </paragraph> <paragraph num="(4)"> <text>Program Extensions.</text> <paragraph num="(a)"> <text>A provider may request an extension of the Department’s 5-year review.</text> </paragraph> <paragraph num="(b)"> <text>A provider shall submit this request in writing at least 180 calendar days before the end of the program’s 5-year approval.</text> </paragraph> <paragraph num="(c)"> <text>The Department may grant up to a 1-year extension based on documentation submitted to justify the extension.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Department may monitor or conduct an interim review of a program at any time.</text> <paragraph num="(a)"> <text>Where this interim review reveals that a program has seriously failed to meet the standards and benchmarks or reporting or compliance requirements, or has demonstrated a pattern of noncompliance, the program may be placed on probation under §C of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>If after the 1-year probation a program fails to make satisfactory progress toward meeting program standards, reporting requirements, or compliance requirements, the Department may revoke its approval under §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Beginning in the 2025—2026 school year, each approved educator preparation program leading to certification in early childhood education, elementary education, special education, and ESOL, shall post on its website information describing its program to prepare teachers to teach reading using evidence-based practices in literacy programming and instruction aligned to the science of reading.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval with Conditions.</text> <paragraph num="(1)"> <text>If the approved program fails to meet all of the standards and competencies, reporting, or compliance requirements, it may be approved with conditions for a period of 2 years.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall conduct a focused review of a program approved with conditions within 2 years of the original review.</text> </paragraph> <paragraph num="(3)"> <text>The Department may extend a program’s approval with conditions for good cause beyond the original 24-month period.</text> </paragraph> <paragraph num="(4)"> <text>Programs may continue to accept candidates for entry while approved with conditions.</text> </paragraph> <paragraph num="(5)"> <text>Approval with conditions shall last 2 years unless, through its annual reports, the program supplies sufficient evidence to meet program approval requirements, after which it may be removed from approval with conditions after 1 year, granted approval, and returned to a 5-year review cycle.</text> </paragraph> <paragraph num="(6)"> <text>A program approved with conditions shall continue to provide all annual reporting.</text> </paragraph> <paragraph num="(7)"> <text>If after 2 years a program has not made satisfactory progress toward meeting Department requirements and national standards, reporting requirements, or compliance requirements, the program may be placed on probation or revoked.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Probation.</text> <paragraph num="(1)"> <text>Programs that have seriously failed to meet the standards and benchmarks or reporting or compliance requirements, or have demonstrated a pattern of noncompliance, may be placed on probation.</text> </paragraph> <paragraph num="(2)"> <text>Programs that do not submit data or required reports to the Department, or who lose national accreditation status by revocation or by expiration, may be placed on probation status or may face immediate revocation of Department approval.</text> </paragraph> <paragraph num="(3)"> <text>The Department may conduct a full review within 1 year of the last focused revisit for a program on probation unless, through annual reporting requirements, the program supplies sufficient evidence to meet program approval requirements.</text> </paragraph> <paragraph num="(4)"> <text>Programs may not accept candidates for entry while on probation.</text> </paragraph> <paragraph num="(5)"> <text>A program on probation shall continue to provide all annual reporting to the Department.</text> </paragraph> <paragraph num="(6)"> <text>Within 30 calendar days of the notification of probation, the provider shall notify each candidate individually in writing of the probation of the program, explain what probation means, and provide documentation of the notification to the Department.</text> </paragraph> <paragraph num="(7)"> <text>The Department shall monitor program progress towards meeting the Department requirements and national standards for the program throughout the probationary period, including review of required reports and monitoring visits as considered necessary.</text> </paragraph> <paragraph num="(8)"> <text>If a program supplies evidence of meeting all program requirements, the Department may remove it from probation.</text> </paragraph> <paragraph num="(9)"> <text>The Department may request an annual follow-up report with an annual re-visit for institutions removed from probation.</text> </paragraph> <paragraph num="(10)"> <text>If after the 1-year probation a program has not made satisfactory progress toward meeting program standards, reporting requirements, or compliance requirements, the Department may revoke its approval.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Revocation.</text> <paragraph num="(1)"> <text>The Department may revoke its approval if a program fails to meet the standards, reporting requirements, or compliance requirements set forth by this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall notify the provider in writing of a decision to revoke approval.</text> </paragraph> <paragraph num="(3)"> <text>On provision of the notification, the provider shall stop operating the revoked program.</text> </paragraph> <paragraph num="(4)"> <text>A revoked program may not recruit or accept new candidates.</text> </paragraph> <paragraph num="(5)"> <text>Within 30 calendar days of the notification of revocation, the provider shall notify each candidate individually, in writing, of the revocation of program approval, explain what revocation means, and provide documentation of the notification to the Department.</text> </paragraph> <paragraph num="(6)"> <text>Candidates enrolled in the revoked program who have accumulated enough credits to be on track for program completion within the current academic year may exit.</text> </paragraph> <paragraph num="(7)"> <text>A provider shall wait 2 years after revocation of a program before it may apply to the Department for approval of a program that is substantively the same as the one revoked.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Appeal.</text> <paragraph num="(1)"> <text>A provider may request a hearing to challenge the revocation if the provider files a written request with the State Superintendent within 20 calendar days of receipt of the notice of revocation.</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent shall promptly refer the case to the Office of Administrative Hearings.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Hearing Procedures.</text> <paragraph num="(1)"> <text>The hearing procedures for appeals referred to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §§10-201—10-226, Annotated Code of Maryland, and with COMAR 28.02.</text> </paragraph> <paragraph num="(2)"> <text>The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.22.</text> </paragraph> <paragraph num="(3)"> <text>The administrative law judge shall submit in writing to the State Superintendent a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the proposed decision to the parties.</text> </paragraph> <paragraph num="(4)"> <text>A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Superintendent within 15 calendar days from the date of the decision. A party may respond to the exceptions within 15 calendar days of the date of the exceptions.</text> </paragraph> <paragraph num="(5)"> <text>If exceptions are filed, any party may request an opportunity for oral argument before the State Superintendent before a final decision is made. Each side may present no more than 15 minutes of oral argument before the State Superintendent.</text> </paragraph> <paragraph num="(6)"> <text>The State Superintendent shall make a final decision in writing containing findings of fact and conclusions of law.</text> </paragraph> <paragraph num="(7)"> <text>A provider may seek judicial review of a State Superintendent’s determination under this regulation as provided by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Teacher Preparation Competencies: General Competencies."> <paragraph num="A."> <text>Purpose.</text> <paragraph num="(1)"> <text>The general teacher preparation competencies apply to teacher candidates across all content areas and grade levels, to determine readiness to enter the profession.</text> </paragraph> <paragraph num="(2)"> <text>The teacher candidate shall demonstrate essential knowledge and skills of general competencies that align with current expectations for teacher candidates to exit a program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Required General Competencies. The teacher candidate shall:</text> <paragraph num="(1)"> <text>Use evidence-based research strategies, learning theories, and methods to help improve student performance;</text> </paragraph> <paragraph num="(2)"> <text>Use inquiry skills and methods regularly to collect meaningful data and improve the candidate’s professional practice;</text> </paragraph> <paragraph num="(3)"> <text>Incorporate personal reflection, professionals’ feedback, best practice, and expert opinion to improve the candidate’s professional practice;</text> </paragraph> <paragraph num="(4)"> <text>Demonstrate that knowledge of the learner’s physical, cognitive, emotional, social, and cultural development is the basis of effective teaching of the following students:</text> <paragraph num="(a)"> <text>Students from different racial, ethnic, and socioeconomic backgrounds;</text> </paragraph> <paragraph num="(b)"> <text>Students for whom English is not their primary language;</text> </paragraph> <paragraph num="(c)"> <text>Students with different learning abilities; and</text> </paragraph> <paragraph num="(d)"> <text>Students with social and emotional needs;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Create, build, and sustain a safe, inclusive learning environment by effectively:</text> <paragraph num="(a)"> <text>Using trauma-informed instruction and other approaches to meet social and emotional needs;</text> </paragraph> <paragraph num="(b)"> <text>Implementing restorative practices;</text> </paragraph> <paragraph num="(c)"> <text>Using active listening, conflict de-escalation to include bullying, and other strategies; and</text> </paragraph> <paragraph num="(d)"> <text>Managing student behavior;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Apply multiple, valid assessment approaches, both formal and informal, modifying when appropriate, that address a variety of developmental needs, conceptual abilities, curriculum outcomes, and school goals;</text> </paragraph> <paragraph num="(7)"> <text>Develop action research that advances the candidate’s knowledge base, promotes equity, and addresses an academic need;</text> </paragraph> <paragraph num="(8)"> <text>Collaborate effectively with colleagues, families, school professionals, businesses, and social services agencies to support student development and student achievement;</text> </paragraph> <paragraph num="(9)"> <text>Apply instructional supports, including a 504 Plan and an individualized education plan, to support a student with disabilities by providing developmentally appropriate access to age-level or grade-level instruction, individually and in collaboration with colleagues;</text> </paragraph> <paragraph num="(10)"> <text>Evaluate student behaviors and unique learning needs in the adaption of various learning environments, such as physical arrangement, student grouping, instructional intensity, pacing, and embedded assistive technology supports;</text> </paragraph> <paragraph num="(11)"> <text>Use assistive technologies ranging from low-tech to high-tech devices or equipment, materials, and resources to educate individuals whose disabilities interfere with written or verbal communication;</text> </paragraph> <paragraph num="(12)"> <text>Analyze and use data derived from assessments to develop intervention plans aligned to the specific needs of individual students to remedy learning deficits;</text> </paragraph> <paragraph num="(13)"> <text>Implement Response to Intervention (RtI), Universal Design for Learning (UDL), and Direct Instruction (DI) to differentiate instruction;</text> </paragraph> <paragraph num="(14)"> <text>Implement Specially Designed Instruction (SDI) to implement the Individualized Education Program for students with disabilities; and</text> </paragraph> <paragraph num="(15)"> <text>Effectively use high quality instructional materials (including online) and adapt existing curriculum to make it stronger using standards-aligned tools, including the ability to use digital resources and computer technology.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Teacher Preparation Competencies: Literacy Competencies."> <paragraph num="A."> <text>Literacy Competencies for Secondary and PreK—12 Teaching Areas. Teacher candidates completing programs that lead to licensure in secondary and PreK—12 content areas shall demonstrate an understanding of the following competencies:</text> <paragraph num="(1)"> <text>The Learner and Learning. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Define, describe, explain, and analyze the developmental characteristics of adolescent literary learners, active independent readers, processes of making meaning, and motivation and engagement;</text> </paragraph> <paragraph num="(b)"> <text>Interpret, synthesize, and apply learning of active independent readers, processes of making meaning, and motivation and engagement to specific content area instruction;</text> </paragraph> <paragraph num="(c)"> <text>Define and distinguish features of diversity and interpret linguistic cultural differences among adolescent learners;</text> </paragraph> <paragraph num="(d)"> <text>Examine, evaluate, and apply learning of inclusive content area literacy environment and instruction to close achievement gaps;</text> </paragraph> <paragraph num="(e)"> <text>Describe the characteristics of a high quality learning environment; and</text> </paragraph> <paragraph num="(f)"> <text>Construct high quality learning environments that support individual and collaborative interaction and engagement.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Content Knowledge. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Describe purposes and opportunities for reading, writing, and communicating within and across content areas and analyze types of new literacies and their uses for acquiring content knowledge and student understandings;</text> </paragraph> <paragraph num="(b)"> <text>Use new literacies for acquiring and developing content knowledge and student understanding;</text> </paragraph> <paragraph num="(c)"> <text>Identify and select appropriate multi-modal sources and resources for inquiry; and</text> </paragraph> <paragraph num="(d)"> <text>Evaluate and use discipline-specific processes of inquiry to engage in collaborative problem solving and critical thinking.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Assessment and Instruction. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Describe guiding principles and practices and examine assessment types, tools, and purposes for content literacy assessment;</text> </paragraph> <paragraph num="(b)"> <text>Select or develop content-specific assessment tools to evaluate student performance and the effectiveness of assessment tools for content-specific assessment;</text> </paragraph> <paragraph num="(c)"> <text>Identify deficits in reading and develop a plan to address using strategies aligned to the science of reading to support appropriate interventions;</text> </paragraph> <paragraph num="(d)"> <text>Examine factors of text complexity and analyze student data to inform and evaluate instructional practice;</text> </paragraph> <paragraph num="(e)"> <text>Synthesize multiple data points to evaluate and to refine content area instructional practice;</text> </paragraph> <paragraph num="(f)"> <text>Identify professional and literacy standards and curricula for lesson development to plan and evaluate engaging instruction that supports all learners in meeting goals and intended outcomes;</text> </paragraph> <paragraph num="(g)"> <text>Use professional and literacy standards and curricula to plan, implement, and evaluate lessons and instructional units of study within content areas;</text> </paragraph> <paragraph num="(h)"> <text>Critique effectiveness of instruction and design next steps for students and teachers;</text> </paragraph> <paragraph num="(i)"> <text>Examine research and theoretical frameworks and investigate evidence-based multi-modal instructional practices to develop comprehension;</text> </paragraph> <paragraph num="(j)"> <text>Use evidence-based multi-modal instructional practices to develop and evaluate comprehension within content areas; and</text> </paragraph> <paragraph num="(k)"> <text>Examine research and theoretical frameworks and investigate evidence-based multi-modal instructional practices for general academic and content specific vocabulary use.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Professional Responsibility. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Examine current trends, initiatives, and educational reform efforts as relative to content literacy;</text> </paragraph> <paragraph num="(b)"> <text>Explore professional dispositions and engage in critical self-reflection to construct a professional development plan as a content area literacy teacher;</text> </paragraph> <paragraph num="(c)"> <text>Identify organizational structures and school-based resources for specific needs; and</text> </paragraph> <paragraph num="(d)"> <text>Investigate opportunities for collaboration with families/school/communities and develop leadership capacities through actively participating in school-based opportunities for growth and development.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Literacy Competencies for Early Childhood, Elementary, Special Education, and English to Speakers of Other Languages. Teacher candidates completing programs that lead to licensure in early childhood, elementary, English to speakers of other languages, and special education areas shall demonstrate an understanding of the following:</text> <paragraph num="(1)"> <text>Literacy Processes. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Identify the component processes involved in reading and writing aligned to the science of reading;</text> </paragraph> <paragraph num="(b)"> <text>Apply that knowledge to understand the reading and writing processes of native English speakers and English learners;</text> </paragraph> <paragraph num="(c)"> <text>Describe how key components of reading and writing processes develop and what biological, cognitive, linguistic, and sociocultural factors may influence literacy development;</text> </paragraph> <paragraph num="(d)"> <text>Identify characteristics that define evidence-based practices in literacy programming and instruction aligned to the science of reading;</text> </paragraph> <paragraph num="(e)"> <text>Use evidenced-based criteria aligned to the science of reading to select and organize print and multimedia resources for teaching reading and writing; and</text> </paragraph> <paragraph num="(f)"> <text>Use a variety of print and multimedia resources to engage students as readers and writers.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Literacy Instruction in the Diverse Classroom. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Develop in their students the awareness of the sounds made by spoken words;</text> </paragraph> <paragraph num="(b)"> <text>Systematically map speech sounds with letters and letter combinations;</text> </paragraph> <paragraph num="(c)"> <text>Provide extended practice for reading words to develop fluency;</text> </paragraph> <paragraph num="(d)"> <text>Provide opportunities for students to devote energy to the meaning of text to build content vocabulary;</text> </paragraph> <paragraph num="(e)"> <text>Develop student understanding of what is being read to them and what they will eventually read themselves;</text> </paragraph> <paragraph num="(f)"> <text>Provide instruction focused on the core components of reading that lead to proficient and motivated reading behavior for all students;</text> </paragraph> <paragraph num="(g)"> <text>Provide instruction focused on the core components of writing that lead to proficient and motivated writing behavior for all students;</text> </paragraph> <paragraph num="(h)"> <text>Design speaking and listening opportunities that lead to more active, equitable, and academically oriented conversations for all students;</text> </paragraph> <paragraph num="(i)"> <text>Identify the role of classroom literacy instruction aligned to the science of reading in a multi-tiered system of supports and work with colleagues to provide effective interventions for students who struggle as readers and writers; and</text> </paragraph> <paragraph num="(j)"> <text>Provide literacy instruction that reflects and is responsive to the diversity of the classroom community and promotes all students’ cultural competence through inclusive and equitable literacy learning opportunities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Effective Literacy Assessment. The teacher candidate shall:</text> <paragraph num="(a)"> <text>Identify the foci, purposes, and features of literacy assessments and application;</text> </paragraph> <paragraph num="(b)"> <text>Identify and implement a developmentally appropriate reading screener to identify students at risk for reading difficulties;</text> </paragraph> <paragraph num="(c)"> <text>Select or design appropriate diagnostic assessments and use data from those assessments to determine areas of need, provide targeted instruction, collaborate with instructional specialists, monitor progress, and evaluate the effectiveness of literacy instruction; and</text> </paragraph> <paragraph num="(d)"> <text>Use effective techniques for communicating assessment information to a variety of stakeholders.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Researched-based literacy instruction aligned to the science of reading, to include:</text> <paragraph num="(a)"> <text>Phonological and phonemic awareness;</text> </paragraph> <paragraph num="(b)"> <text>Phonics and decoding;</text> </paragraph> <paragraph num="(c)"> <text>Fluency;</text> </paragraph> <paragraph num="(d)"> <text>Vocabulary;</text> </paragraph> <paragraph num="(e)"> <text>Comprehension of literary and informational text;</text> </paragraph> <paragraph num="(f)"> <text>Written expression, spelling, and grammar;</text> </paragraph> <paragraph num="(g)"> <text>Assessment and instructional decision-making;</text> </paragraph> <paragraph num="(h)"> <text>Long-term planning aligned with the literacy curriculum, student needs, instructional histories, school/grade level needs;</text> </paragraph> <paragraph num="(i)"> <text>Effective methods for promoting the reciprocal relationship between writing and reading;</text> </paragraph> <paragraph num="(j)"> <text>Strategies that foster connections to students’ homes and communities; and</text> </paragraph> <paragraph num="(k)"> <text>Multiple opportunities for incorporating oral language variation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Teacher Preparation Competencies: Math Competencies."> <paragraph num="A."> <text>Math Competencies. Teacher candidates seeking licensure to provide mathematics instruction shall demonstrate the competencies applicable to the area of licensure (PreK—Grade 3; Grades 1—6; Middle School or High School or both).</text> </paragraph> <paragraph num="B."> <text>Content Knowledge. The teacher candidate shall:</text> <paragraph num="(1)"> <text>Apply mathematics content knowledge for teaching within the candidate’s area of licensure;</text> </paragraph> <paragraph num="(2)"> <text>Candidates prepared to teach elementary education shall apply content knowledge for each of the four essential topics: Numbers and Operations, Algebraic Thinking, Geometry and Measurement, and Data Analysis and Probability;</text> </paragraph> <paragraph num="(3)"> <text>Demonstrate conceptual understanding, proficiency with procedural skills, and the ability to solve real world problems;</text> </paragraph> <paragraph num="(4)"> <text>Recognize the coherent progression of mathematical concepts both within an age/range/grade/course and across an age/range/grade/course;</text> </paragraph> <paragraph num="(5)"> <text>Use mathematics to model real world problems; and</text> </paragraph> <paragraph num="(6)"> <text>Use precise mathematical language.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Pedagogical Skills. The teacher candidate shall:</text> <paragraph num="(1)"> <text>Identify the appropriate sequence of mathematical learning targets for both a unit of study and an individual lesson;</text> </paragraph> <paragraph num="(2)"> <text>Construct collaborative and self-directed learning opportunities that reflect active student engagement in learning and a growth mindset;</text> </paragraph> <paragraph num="(3)"> <text>Develop strategies for responding to anticipated and present student misconceptions;</text> </paragraph> <paragraph num="(4)"> <text>Design rich mathematical tasks that help students develop the conceptual understanding, procedural skills, and the ability to apply the mathematics associated with learning targets;</text> </paragraph> <paragraph num="(5)"> <text>Integrate instructional strategies and teaching aids that enhance the learning of mathematics, such as multiple representations, manipulatives, calculators, and other technological aids; and</text> </paragraph> <paragraph num="(6)"> <text>Recognize productive struggles and unproductive struggles to promote perseverance and thinking flexibly.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The teacher candidate shall use multiple assessment tools and evidence-based instructional strategies to guide the mathematics instructional process.</text> </paragraph> <paragraph num="E."> <text>The teacher candidate shall identify the cognitive process, learning theories, and developmental strategies related to the teaching and learning of mathematics.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Teacher Preparation Competencies: Cultural Responsiveness."> <paragraph num="A."> <text>Culturally Responsive Teaching. Teacher candidates seeking licensure shall demonstrate the following competencies:</text> <paragraph num="(1)"> <text>Preparation to support culturally, racially, linguistically, and otherwise diverse populations of students through providing culturally responsive instruction to increase academic achievement, critical consciousness, and cultural competence; and</text> </paragraph> <paragraph num="(2)"> <text>Required knowledge and skills to include application of competencies that support various racial, ethnic, linguistic, socioeconomic groups through teaching that promotes social justice and equity, including restorative practices and practices to develop racial literacy.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Cultural Competencies. The teacher candidate shall:</text> <paragraph num="(1)"> <text>Identify and apply the elements of culturally responsive teaching, including academic achievement, critical consciousness, and knowledge of self and at least one other culture;</text> </paragraph> <paragraph num="(2)"> <text>Identify and assess how issues such as racism, sexism, socioeconomic status, immigration, and gender impact marginalized students, families, and educators on multiple levels by:</text> <paragraph num="(a)"> <text>Acknowledging their own biases and inequitable actions; and</text> </paragraph> <paragraph num="(b)"> <text>Assessing how their own assumptions, values, and biases may impact their responses to students and families and result in inequitable actions and practices, and identify equitable actions and practices;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Demonstrate respect for students’ cultures by:</text> <paragraph num="(a)"> <text>Learning about students’ cultural backgrounds;</text> </paragraph> <paragraph num="(b)"> <text>Seeking purposeful immersion experiences within groups different from their own;</text> </paragraph> <paragraph num="(c)"> <text>Communicating high expectations for students of all identities, including gender, race, ethnicity, language, socioeconomics, and disability;</text> </paragraph> <paragraph num="(d)"> <text>Incorporating a variety of culturally responsive materials that represent and support learning for diverse populations of children and families; and</text> </paragraph> <paragraph num="(e)"> <text>Differentiating instruction with consideration for cultural, linguistic, and academic diversity;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Examine curriculum and learning materials for bias and deliver instruction with materials that center the perspectives and lived experiences of historically marginalized people;</text> </paragraph> <paragraph num="(5)"> <text>Build a safe and accessible environment, respectful of all individuals, by:</text> <paragraph num="(a)"> <text>Providing strategies to support students with responses to discrimination and negative attitudes associated with cultural or other differences;</text> </paragraph> <paragraph num="(b)"> <text>Creating learning environments that facilitate the active engagement of diverse populations of students; and</text> </paragraph> <paragraph num="(c)"> <text>Co-constructing the values and expectations of the school to incorporate different perspectives, including those of students, families, and colleagues; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Build relationships with families and communities by:</text> <paragraph num="(a)"> <text>Incorporating families’ perspectives about school culture to create an environment that is inclusive and respects their values, beliefs, and hopes for their children;</text> </paragraph> <paragraph num="(b)"> <text>Providing opportunities for families to be involved in their children’s educational experiences by communicating regularly, in multiple ways, and including them in the curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Integrating family and community-based funds of knowledge into teaching and learning; and</text> </paragraph> <paragraph num="(d)"> <text>Providing information regarding school and community resources that are available for students, educators, and families, including multilingual resources reflecting students and families’ heritage languages.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§1-303(2)(ii) and (iii), 2-205, 6-120, 6-121, 6-126, 6-704, and 11-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March, 1969</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Teacher Education Programs, repealed effective November 6, 1995 (22:22 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01, Programs for Professionally Certified Personnel, adopted effective November 6, 1995 (22:22 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective October 14, 2013 (40:20 Md. R. 1653)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed under Programs for Professionally Certified Personnel and new Regulations .01—.15 adopted under Programs for Professionally Licensed Personnel effective April 1, 2024 (51:5 Md R. 229)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 21, 2025 (52:14 Md. R. 713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C—F amended effective March 3, 2025 (52:4 Md. R. 219)</annotation> </annotations> </chapter> <chapter num="07" heading="Tuition Reimbursement for Retraining Teachers in Mathematics or Science"> <regulation prefix="Regulation" num=".01" heading="Eligibility Criteria and Standards for Reimbursement."> <paragraph num="A."> <text>Eligibility Criteria. To be eligible for the program of tuition reimbursement for retraining, an applicant shall:</text> <paragraph num="(1)"> <text>Be currently employed as a teacher in a Maryland public school system;</text> </paragraph> <paragraph num="(2)"> <text>Be presently certified in a field other than mathematics or science;</text> </paragraph> <paragraph num="(3)"> <text>Declare an interest in being certified in mathematics or science in a Maryland public school system; and</text> </paragraph> <paragraph num="(4)"> <text>Agree, with the consent of the local board of education, as specified in §C, of this regulation, to teach mathematics or science in a Maryland public school system for at least 2 years following certification in mathematics or science.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Standards for Reimbursement. An individual accepted in the tuition reimbursement program shall:</text> <paragraph num="(1)"> <text>Obtain from the State Department of Education an evaluation of the individual's credentials to determine what requirements the applicant shall complete to become certified in mathematics or one of the five certification fields of science;</text> </paragraph> <paragraph num="(2)"> <text>Provide this evaluation to the State Scholarship Board for use in determining when the individual has completed the certification requirements and is eligible for reimbursement; and</text> </paragraph> <paragraph num="(3)"> <text>Complete either the courses remaining for certification or not less than 12 semester hours per year toward the certification field.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Consent of the Local Board of Education. Before acceptance into the program by the State Scholarship Board, the applicant's local board of education shall:</text> <paragraph num="(1)"> <text>File a letter of consent with the State Scholarship Board indicating approval for the individual to participate in the program; and</text> </paragraph> <paragraph num="(2)"> <text>Assure in the letter of consent that the funds for this program may not be used to supplant funds of any other program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Surety Bond. Before reimbursement by the State Scholarship Board, a teacher shall execute a surety bond to this State which shall:</text> <paragraph num="(1)"> <text>Be in the total amount of tuition reimbursement;</text> </paragraph> <paragraph num="(2)"> <text>Guarantee to the satisfaction of the State Scholarship Board that the teacher will teach in a Maryland public school for at least 2 years after certification; and</text> </paragraph> <paragraph num="(3)"> <text>Provide a basis for reimbursement in the case of default.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §18-1501, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted as an emergency provision effective May 31, 1985 (12:13 Md. R. 1275); emergency status expired November 1, 1985; adopted permanently effective January 27, 1986 (13:2 Md. R. 138)</annotation> </annotations> </chapter> <chapter num="08" heading="Incentive Program for Certification by the National Board for Professional Teaching Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes the criteria for the selection of public school teachers and non-classroom teachers who are eligible to receive financial aid, subject to annual appropriation by the Maryland General Assembly, to pursue initial certification or maintenance of certification by the National Board for Professional Teaching Standards.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Completion of the National Board certification process” means the candidate submits the requisite number of scoreable components, as defined by National Board for Professional Teaching Standards (NBPTS), for initial certification or maintenance of certification within the time frame allowed by the NBPTS.</text> </paragraph> <paragraph num="(2)"> <text>“National Board certificate” means a credential issued by the NBPTS which attests that a candidate has been judged by peers as one who is accomplished, makes sound professional judgments about student learning, and acts effectively on those judgments.</text> </paragraph> <paragraph num="(3)"> <text>“National Board certification fee” means the component fee charged by the NBPTS.</text> </paragraph> <paragraph num="(4)"> <text>“National Board certification process for initial certification” means the process designed to collect standards-based evidence of accomplished practice that requires the candidate to complete four components, including an assessment and portfolio-based activities.</text> </paragraph> <paragraph num="(5)"> <text>“National Board maintenance of certification” means the process that requires the National Board certified candidate to complete two components that contain evidence of connections between the candidate's continued professional growth and student learning to extend their certification.</text> </paragraph> <paragraph num="(6)"> <text>“National Board for Professional Teaching Standards (NBPTS)” means a private, nonprofit organization whose primary purpose is to advance the teaching profession and to improve student learning.</text> </paragraph> <paragraph num="(7)"> <text>“Non-classroom teacher” means a position in a school for which, if the individual earns National Board Certification, the individual is eligible to join the career ladder, including:</text> <paragraph num="(a)"> <text>Administrators;</text> </paragraph> <paragraph num="(b)"> <text>Assistant principals;</text> </paragraph> <paragraph num="(c)"> <text>Instructional specialists; and</text> </paragraph> <paragraph num="(d)"> <text>Principals.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Retake” means the process offered by the NBPTS, which allows candidates, during their initial attempt, to resubmit any combination of portfolio entries, assessment center exercises, or both, for which they did not achieve a passing score.</text> </paragraph> <paragraph num="(9)"> <text>“Teacher” means a licensed public school employee who is primarily responsible and accountable for teaching the students in the class and, unless otherwise provided, does not include:</text> <paragraph num="(a)"> <text>Curriculum specialists;</text> </paragraph> <paragraph num="(b)"> <text>Instructional aides;</text> </paragraph> <paragraph num="(c)"> <text>Attendance personnel;</text> </paragraph> <paragraph num="(d)"> <text>Psychologists;</text> </paragraph> <paragraph num="(e)"> <text>Social workers;</text> </paragraph> <paragraph num="(f)"> <text>Clerical personnel;</text> </paragraph> <paragraph num="(g)"> <text>An individual with a Resident Teacher Certificate; or</text> </paragraph> <paragraph num="(h)"> <text>An individual with a certification for career professionals.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility Criteria."> <paragraph num="A."> <text>To be eligible to receive financial aid to pursue initial NBPTS certification, a candidate shall:</text> <paragraph num="(1)"> <text>Have completed 3 years of successful teaching as defined by the NBPTS;</text> </paragraph> <paragraph num="(2)"> <text>Hold a valid Maryland professional license;</text> </paragraph> <paragraph num="(3)"> <text>Affirm voluntary participation in the NBPTS certification process;</text> </paragraph> <paragraph num="(4)"> <text>Have access to a class of students of the age and in the content area of the National Board certificate being pursued;</text> </paragraph> <paragraph num="(5)"> <text>Comply with the deadlines as specified by the Department and NBPTS; and</text> </paragraph> <paragraph num="(6)"> <text>) If completing a World Language certificate, provide a qualifying score on the American Council on the Teaching of Foreign Languages (ACTFL) speaking and writing proficiency assessments, as determined by the NBPTS.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To be eligible to receive financial aid to pursue maintenance of certification of the NBPTS certificate, a candidate shall:</text> <paragraph num="(1)"> <text>Hold a valid Maryland professional license; and</text> </paragraph> <paragraph num="(2)"> <text>Comply with the deadlines as specified by the Department and NBPTS.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, to be eligible to receive financial aid to pursue a retake of a component, a candidate shall:</text> <paragraph num="(1)"> <text>Hold a valid Maryland professional license; and</text> </paragraph> <paragraph num="(2)"> <text>Comply with deadlines as specified by the Department and the NBPTS.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A candidate may only receive payment for one retake of each component on the National Board for Professional Teaching Standards.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Selection Procedures."> <paragraph num="A."> <text>Each participating local school system shall:</text> <paragraph num="(1)"> <text>Publicize the written criteria identified in Regulation .03 of this chapter for the selection of candidates; and</text> </paragraph> <paragraph num="(2)"> <text>Forward names of candidates for the financial incentive program to the Department in accordance with the timelines established by the Department, with the following information:</text> <paragraph num="(a)"> <text>Name;</text> </paragraph> <paragraph num="(b)"> <text>NBPTS candidate code;</text> </paragraph> <paragraph num="(c)"> <text>Race, ethnicity, and gender;</text> </paragraph> <paragraph num="(d)"> <text>Contact information;</text> </paragraph> <paragraph num="(e)"> <text>Subject assignment or assignments;</text> </paragraph> <paragraph num="(f)"> <text>School assignment or assignments;</text> </paragraph> <paragraph num="(g)"> <text>Local education agency identification number;</text> </paragraph> <paragraph num="(h)"> <text>Signed memorandum of understanding that specifies the candidate's financial responsibility if the candidate does not complete the process; and</text> </paragraph> <paragraph num="(i)"> <text>Confirmation of verification of eligibility as identified in Regulation .03 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Funding for the National Board Incentive Program is contingent upon appropriations by the General Assembly, and individual participation is not guaranteed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Credits."> <paragraph num="A."> <text>A candidate who receives a National Board certificate shall earn six continuing professional development credits toward the renewal of the Maryland professional certificate.</text> </paragraph> <paragraph num="B."> <text>A candidate who completes the National Board certification process, but who does not receive a National Board certificate, shall earn three continuing professional development credits toward the renewal of the Maryland professional certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Costs."> <paragraph num="A."> <text>Costs for the fee charged by NBPTS shall be shared in the following manner:</text> <paragraph num="(1)"> <text>The State Board of Education shall pay 2/3 of the National Board certification fee, and the local school system shall pay 1/3 of the National Board certification fee for an initial or maintenance of certification candidate; and</text> </paragraph> <paragraph num="(2)"> <text>Subject to the annual appropriation by the Maryland General Assembly, the State Board of Education shall pay 2/3 of the National Board certification fee, and the local school system shall pay 1/3 of the National Board certification fee, for a candidate to pursue one retake of each component of the National Board certification process.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Reimbursement.</text> <paragraph num="(1)"> <text>A candidate who does not complete all four components of the initial National Board certification process within the first 3 years of their candidacy shall reimburse the State Board of Education the full amount of the aid, and the State Board of Education shall reimburse the local school system its share.</text> </paragraph> <paragraph num="(2)"> <text>A candidate who completes the certification process but does not achieve National Board Certification, is not required to reimburse the amount of the aid.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§6-1001, 6-1012 and 6-1013, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 1, 1998 (25:11 Md. R. 821)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 22, 2008 (35:19 Md. R. 1717); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 22, 2008 (35:19 Md. R. 1717); April 9, 2018 (45:7 Md. R. 346); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 22, 2008 (35:19 Md. R. 1717); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 9, 2018 (45:7 Md. R. 346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 20, 2003 (30:1 Md. R. 26); September 22, 2008 (35:19 Md. R. 1717); April 9, 2018 (45:7 Md. R. 346); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 22, 2008 (35:19 Md. R. 1717); March 3, 2025 (52:4 Md. R. 219); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 22, 2008 (35:19 Md. R. 1717); April 9, 2018 (45:7 Md. R. 346); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective September 22, 2008 (35:19 Md. R. 1717)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed effective March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective January 20, 2003 (30:1 Md. R. 26); September 22, 2008 (35:19 Md. R. 1717)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective March 3, 2025 (52:4 Md. R. 219)</annotation> </annotations> </chapter> <chapter num="09" heading="Evaluation of Teachers and Principals"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The minimum general standards set forth in Regulation .04 of this chapter shall apply to evaluations of all teachers and principals.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Evaluation” means an appraisal of professional performance for a school year based on written criteria and procedures that result in a written evaluation report.</text> </paragraph> <paragraph num="(2)"> <text>“Principal” means an individual who serves in the position as a principal and who is certificated under COMAR 13A.12.04.04 or certificated as a resident principal under COMAR 13A.12.04.05.</text> </paragraph> <paragraph num="(3)"> <text>“State assessments” means the tests in mathematics and English/language arts developed or adopted by the Department that are aligned with the Maryland College and Career Ready standards and measure a student’s skills and knowledge as set forth in the content standards for those subjects.</text> </paragraph> <paragraph num="(4)"> <text>“Student growth” means student progress assessed by multiple measures and from a clearly articulated baseline to one or more points in time.</text> </paragraph> <paragraph num="(5)"> <text>Teacher.</text> <paragraph num="(a)"> <text>“Teacher” means any individual certificated under COMAR 13A.12.02 as a teacher and who delivers instruction and is responsible for a student’s or group of students’ academic progress in a Pre-K—12 public school setting, subject to local school system interpretation.</text> </paragraph> <paragraph num="(b)"> <text>“Teacher” may include an individual certificated by the Maryland State Department of Education (MSDE) under COMAR 13A.12.03 if the individual delivers instruction and is responsible for a group of students’ academic progress in a Pre-K—12 public school setting, subject to local school system interpretation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, the following documents are incorporated by reference:</text> <paragraph num="A."> <text>Maryland Instructional Leadership Framework, February 2005;</text> </paragraph> <paragraph num="B."> <text>Educational Leadership Policy Standards: ISLLC 2008; and</text> </paragraph> <paragraph num="C."> <text>InTASC Model Core Teaching Standards: A Resource for State Dialogue, April 2011.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Local Education Agency Evaluation System."> <paragraph num="A."> <text>An evaluation system for teachers and principals developed by a local education agency in mutual agreement with the exclusive employee representatives shall include performance evaluation criteria, at a minimum, based on multiple measures, and on the general standards set forth in §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>General Standards: Teacher Evaluation System.</text> <paragraph num="(1)"> <text>An evaluation system shall be based on standards, such as the INTASC Model Core Teaching Standards or other Department-approved or nationally recognized standards for teaching, and those standards shall be explained to teachers and communicated to the school community. The selected standards shall be used to evaluate the teacher’s professional practice and student growth.</text> </paragraph> <paragraph num="(2)"> <text>A teacher’s evaluation shall include at least five components:</text> <paragraph num="(a)"> <text>Planning and preparation;</text> </paragraph> <paragraph num="(b)"> <text>Classroom environment;</text> </paragraph> <paragraph num="(c)"> <text>Instruction;</text> </paragraph> <paragraph num="(d)"> <text>Professional responsibility; and</text> </paragraph> <paragraph num="(e)"> <text>Student growth.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An evaluation system shall provide, at a minimum, for an overall rating of highly effective, effective, or ineffective.</text> </paragraph> <paragraph num="(4)"> <text>Classroom observations shall play a role in the evaluation system, at a minimum, in the following ways:</text> <paragraph num="(a)"> <text>Classroom observations of teachers’ professional practice shall be conducted by certificated individuals who have completed training that includes identification of teaching behaviors that result in student growth and the use of the selected standards in the observation;</text> </paragraph> <paragraph num="(b)"> <text>An evaluation of a teacher’s professional practice, including planning and preparation, classroom environment, and instruction shall be based on at least two observations during the school year;</text> </paragraph> <paragraph num="(c)"> <text>An evaluation report that evaluates a teacher as ineffective shall include at least one observation by an individual other than the immediate supervisor;</text> </paragraph> <paragraph num="(d)"> <text>An observation, announced or unannounced, shall be conducted with full knowledge of the teacher;</text> </paragraph> <paragraph num="(e)"> <text>A written observation report shall be shared with the teacher and a copy provided to the teacher within a reasonable period of time;</text> </paragraph> <paragraph num="(f)"> <text>A teacher shall sign the observation report to acknowledge receipt;</text> </paragraph> <paragraph num="(g)"> <text>An observation shall provide for written comments and reactions by the teacher being observed, which shall be attached to the observation report; and</text> </paragraph> <paragraph num="(h)"> <text>An observation shall provide specific guidance in areas needing improvement and supports as well a reasonable timeline to demonstrate improvement in areas marked as ineffective.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Claims and evidence of observed instruction that substantiate the observed behavior or behaviors in a classroom observation shall be a part of the teacher’s evaluation and may be identified by either the teacher or the evaluator or both and may include:</text> <paragraph num="(a)"> <text>Student work;</text> </paragraph> <paragraph num="(b)"> <text>Teacher-developed initiatives;</text> </paragraph> <paragraph num="(c)"> <text>Portfolios;</text> </paragraph> <paragraph num="(d)"> <text>Projects;</text> </paragraph> <paragraph num="(e)"> <text>Student test data;</text> </paragraph> <paragraph num="(f)"> <text>Artifacts; and</text> </paragraph> <paragraph num="(g)"> <text>Other statements.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A local education agency’s evaluation system shall include rigor, which shall be demonstrated, in part, by:</text> <paragraph num="(a)"> <text>The establishment of student growth as a significant component of the evaluation;</text> </paragraph> <paragraph num="(b)"> <text>For the school years 2014—2015 and 2015—2016, the use of student learning objectives (SLOs) informed by the data resulting from the State assessments, which shall be represented on a teacher’s evaluation; and</text> </paragraph> <paragraph num="(c)"> <text>The Department shall review and approve mutually agreed-on evaluation systems to ensure compliance with the minimum general standards.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The Department’s approval of an agreed-on evaluation system after the 2015—2016 school year will be based, in part, on the Department’s analysis of the evaluation data obtained in the 2014—2015 and 2015—2016 school years, including an analysis of the use of State assessment data as a direct measure of student growth.</text> </paragraph> <paragraph num="(8)"> <text>The evaluation system shall provide focused professional development, resources, and a mentoring component for teachers who are evaluated as ineffective and for all nontenured teachers.</text> </paragraph> <paragraph num="(9)"> <text>Until school year 2016—2017, student growth data based on or derived from State assessments may not be used to make personnel decisions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>General Standards: Principal Evaluation System. A principal’s evaluation system shall be based on:</text> <paragraph num="(1)"> <text>The outcomes contained in the Maryland Instructional Leadership Framework, February 2005, and in the Interstate Leadership Licensure Consortium; and</text> </paragraph> <paragraph num="(2)"> <text>The standards set forth in §B(3), (6)(a)—(b), and (9) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Default Model."> <paragraph num="A."> <text>If the school system and the exclusive employee representative do not reach agreement on an evaluation system, the default model shall be adopted by the school system.</text> </paragraph> <paragraph num="B."> <text>The default model shall include:</text> <paragraph num="(1)"> <text>A student growth component that comprises at least 50 percent of the teacher’s and principal’s evaluation in the following ways:</text> <paragraph num="(a)"> <text>For school years 2014—2015 and 2015—2016, for elementary and middle school teachers providing instruction in State-assessed content areas, 20 percent of the evaluation shall be based on SLOs based on and informed by the data obtained from the State assessments and 30 percent on other SLOs or other locally determined measures;</text> </paragraph> <paragraph num="(b)"> <text>For school years after 2015—2016, for elementary and middle school teachers providing instruction in State-assessed content areas, based on an analysis conducted by the Department of evaluation data obtained in school years 2014—2015 and 2015—2016, including and analysis of the use of State Assessment data as a direct measure of student growth, aggregate class growth scores for State-assessed content areas being taught may comprise at least 20 percent of the teacher’s evaluation;</text> </paragraph> <paragraph num="(c)"> <text>For school years 2014—2015 and 2015—2016, elementary and middle school teachers providing instruction in non-State-assessed grades or content areas, SLOs or other locally determined measures in the content areas being taught shall comprise 50 percent of the evaluation;</text> </paragraph> <paragraph num="(d)"> <text>For school years after 2015—2016, for elementary and middle school teachers providing instruction in non-State-assessed grades or content areas, based on an analysis conducted by the Department of evaluation data obtained in school years 2014—2015 and 2015—2016, SLOs or other locally determined measures may comprise up to 30 percent of the evaluation and a school-wide index may comprise up to 20 percent; and</text> </paragraph> <paragraph num="(e)"> <text>For high school teachers, SLOs informed by the data obtained from the High School Assessments shall comprise 50 percent of the teacher’s evaluation;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A professional practice component that comprises at least 50 percent of the teacher’s evaluation in the following ways:</text> <paragraph num="(a)"> <text>Planning and preparation — 12.5 percent;</text> </paragraph> <paragraph num="(b)"> <text>Classroom environment — 12.5 percent;</text> </paragraph> <paragraph num="(c)"> <text>Instruction — 12.5 percent; and</text> </paragraph> <paragraph num="(d)"> <text>Professional responsibility — 12.5 percent;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Measures of student growth for principals as follows:</text> <paragraph num="(a)"> <text>For elementary and middle school principals, student growth shall be measured by SLOs, in part, based on and informed by State assessment data, aggregate school-wide growth scores in State-assessed content areas, and the school-wide index;</text> </paragraph> <paragraph num="(b)"> <text>For high school principals, student growth shall be measured by SLOs, in part, based on and informed by the high school assessment data and the school-wide index; and</text> </paragraph> <paragraph num="(c)"> <text>For principals of other types of schools, student growth shall be measured by SLOs and the school-wide index;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A professional practice component for principals which:</text> <paragraph num="(a)"> <text>Shall count for 50 percent of a principal’s evaluation; and</text> </paragraph> <paragraph num="(b)"> <text>Shall include, but not be limited to, the outcomes in the Maryland Instructional Leadership Framework, and other outcomes based on Interstate School Leaders and Licensure Consortium (ISLLC); and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A provision that, until school year 2016—2017, student growth data based on or derived from State assessments may not be used to make personnel decisions.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Evaluation Cycle."> <paragraph num="A."> <text>Tenured Teachers. On the 3-year evaluation cycle, tenured teachers shall be evaluated once annually in the following ways:</text> <paragraph num="(1)"> <text>In the first year of the evaluation cycle conducted under these regulations, tenured teachers shall be evaluated on both professional practice and student growth;</text> </paragraph> <paragraph num="(2)"> <text>If in the first year of the evaluation cycle a tenured teacher is determined to be highly effective or effective, then in the second year of the evaluation cycle the tenured teacher shall be evaluated using the professional practice rating from the previous year and the student growth based on the most recent available data;</text> </paragraph> <paragraph num="(3)"> <text>If in the second year of the evaluation cycle a tenured teacher is determined to be highly effective or effective, then in the third year of the evaluation cycle the tenured teacher shall be evaluated using the professional practice rating from the previous year and student growth based on the most recent available data;</text> </paragraph> <paragraph num="(4)"> <text>At the beginning of the fourth year, the evaluation cycle shall begin again as described in §A(1)—(3) of this regulation; and</text> </paragraph> <paragraph num="(5)"> <text>In any year, a principal may determine or a tenured teacher may request that the evaluation be based on a new review of professional practice along with student growth.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Nontenured Teachers and Teachers Rated as Ineffective. All nontenured teachers and all teachers rated as ineffective shall be evaluated annually on student growth and professional practice.</text> </paragraph> <paragraph num="C."> <text>Principals. Every principal shall be evaluated at least once annually based on all of the components set forth in Regulations .04 and .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Evaluation Report."> <paragraph num="A."> <text>The evaluation report shall be shared with the teacher or principal who is the subject of the evaluation.</text> </paragraph> <paragraph num="B."> <text>The teacher or principal shall receive a copy of and sign the evaluation report.</text> </paragraph> <paragraph num="C."> <text>The signature of the teacher or principal is for the purpose of acknowledging receipt only.</text> </paragraph> <paragraph num="D."> <text>An evaluation report shall provide for written comments and reactions by the individual being evaluated, which shall be attached to the evaluation report.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Appeal of an Evaluation."> <paragraph num="A."> <text>In the event of an overall rating of ineffective, the local school system shall, at a minimum, provide the teacher or principal with an opportunity to appeal in accordance with Education Article, §4-205(c)(4), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>If an observation report is a component of an ineffective evaluation, the observation report may be appealed along with the ineffective evaluation.</text> </paragraph> <paragraph num="C."> <text>The burden of proof is on the individual appealing an overall rating of ineffective to show that the rating was arbitrary, unreasonable, illegal, or not in compliance with the adopted evaluation system of the local school system.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(b) and (g) and 6-202, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 23, 2012 (39:14 Md. R. 839)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 repealed and new Regulations .01—.08 adopted effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="10" heading="Comprehensive Principal Induction Program"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to a comprehensive induction program for new principals. The purpose of this regulation is to provide guidance for local school systems to establish a high quality induction program that addresses critical professional learning needs of new principals, improves instructional quality, and helps inductees achieve success in their initial assignments, resulting in improved student learning and higher retention in the profession. The induction program that each local school system designs shall reflect coherence in structure and consistency in focus to ensure an integrated, seamless system of support. Recognizing that “one-size-fits-all” induction programs do not meet the needs of new principals, these regulations establish the components of an induction program, allowing local school systems to build on their current programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>In this chapter, the following document is incorporated by reference:</text> <text>Maryland Instructional Leadership Framework, 2005, which has been incorporated by reference in COMAR 13A.07.09.03.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Mentee” means a public school principal who is the recipient of the services of a mentor.</text> </paragraph> <paragraph num="(2)"> <text>“Mentor” means an individual who possesses the attributes set forth in Regulation .06 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“New principal” means a principal who is:</text> <paragraph num="(a)"> <text>New to the position; or</text> </paragraph> <paragraph num="(b)"> <text>A veteran who is new to the local school system.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Executive officer” means a principal's supervisor who evaluates the principal in accordance with COMAR 13A.01.04.02.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="General Requirements."> <paragraph num="A."> <text>Each local school system shall have a comprehensive induction program for new principals. Such programs should be differentiated based on the needs of the principal and should include such components as:</text> <paragraph num="(1)"> <text>A locally designed orientation program for all principals new to the principalship and/or local school system;</text> </paragraph> <paragraph num="(2)"> <text>Ongoing support from a mentor; and</text> </paragraph> <paragraph num="(3)"> <text>Appropriate levels of staffing to plan and coordinate all induction activities.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All principals new to the position or to the local school system shall participate in induction activities in year one. Beyond year one, participation in induction activities will be a local decision.</text> </paragraph> <paragraph num="C."> <text>To the extent practicable given staffing and fiscal concerns, local school systems shall consider minimizing system-wide responsibilities in the new principal’s first year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Mentoring Component of the Comprehensive Induction Program."> <paragraph num="A."> <text>A local school system shall identify full-time or part-time mentors to support principals during their comprehensive induction period.</text> </paragraph> <paragraph num="B."> <text>In collaboration with the mentor, the new principal shall identify areas for focus of his/her professional growth.</text> </paragraph> <paragraph num="C."> <text>Mentors shall:</text> <paragraph num="(1)"> <text>Demonstrate a knowledge base and skills to address the performance evaluation criteria and outcomes to be met by each mentee; and</text> </paragraph> <paragraph num="(2)"> <text>Have been a principal and have been rated as satisfactory or effective or be a retiree from a local school system and have been rated as a satisfactory or effective principal.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Local school systems shall provide ongoing training for mentors as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Evaluation of the Comprehensive Induction Program."> <text>Local school systems shall evaluate the effectiveness of the comprehensive induction program.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Date of Compliance."> <text>Local school systems shall be in full compliance with this chapter by July 1, 2014.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Reporting Requirements."> <text>By September 1, 2014, and each 5 years after, each local school system superintendent shall certify to the State Superintendent of Schools that the Comprehensive Principal Induction Program meets the minimum requirements set forth in this chapter.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(b), (c), and (g) and 6-202(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 1, 2013 (40:6 Md. R. 475)</annotation> </annotations> </chapter> <chapter num="11" heading="Student Suicide Prevention and Safety Training"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes a program of training in suicide prevention and student safety for all certificated school personnel who have direct contact with students on a regular basis.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Behavioral Health” means:</text> <paragraph num="(a)"> <text>Promotion of mental health, resilience, and well-being;</text> </paragraph> <paragraph num="(b)"> <text>Treatment of mental and substance use disorders; and</text> </paragraph> <paragraph num="(c)"> <text>Support for individuals who experience these conditions or are in recovery from these conditions, and for their family and community.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Certificated school personnel” means an individual who holds a certificate from the Maryland State Department of Education in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Middle school education;</text> </paragraph> <paragraph num="(d)"> <text>General secondary content areas;</text> </paragraph> <paragraph num="(e)"> <text>Special education;</text> </paragraph> <paragraph num="(f)"> <text>Specialty areas, such as art, dance, English for Speakers of Other Languages, environmental education, and health;</text> </paragraph> <paragraph num="(g)"> <text>Administrative or supervisory areas;</text> </paragraph> <paragraph num="(h)"> <text>Specialist areas; and</text> </paragraph> <paragraph num="(i)"> <text>Student support personnel.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Trauma” means when an individual is exposed to an overwhelming event, or series of events, and is rendered helpless in the face of intolerable danger, anxiety, or instinctual arousal.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Required Training."> <paragraph num="A."> <text>All certificated school personnel who have direct contact with students on a regular basis shall complete training on or before December 1 of each year, by a method determined by each county board, in the skills required to:</text> <paragraph num="(1)"> <text>Understand and respond to youth suicide risk;</text> </paragraph> <paragraph num="(2)"> <text>Understand and respond to student mental health, student trauma, student safety and other topics related to student social and emotional well-being;</text> </paragraph> <paragraph num="(3)"> <text>Identify professional resources to help students in crisis;</text> </paragraph> <paragraph num="(4)"> <text>Recognize student behavioral health issues;</text> </paragraph> <paragraph num="(5)"> <text>Recognize a student experiencing trauma or violence out of school and refer the student to behavioral health services, which includes, but is not limited to, the school counselor, school psychologist, school nurse, school social worker, and student support team; and</text> </paragraph> <paragraph num="(6)"> <text>If the school is a community school, support any students needing the services at a community school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The training required by §A of this regulation shall be:</text> <paragraph num="(1)"> <text>Provided to certificated school personnel during an in-service program; or</text> </paragraph> <paragraph num="(2)"> <text>A professional development requirement that may be met during time designated for professional development.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="No Duty of Care."> <paragraph num="A."> <text>The training requirement set forth in Regulation .03 of this chapter may not be construed to impose a duty of care on certificated school personnel who complete the training.</text> </paragraph> <paragraph num="B."> <text>Unless the acts or omissions of a certificated school employee who completed the training required by Regulation .03 of this chapter are willful, wanton, or grossly negligent, a person may not bring an action against a county board for personal injury or wrongful death caused by an act or omission resulting from:</text> <paragraph num="(1)"> <text>Any training or lack of training of certificated personnel under Regulation .03 of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>The implementation of the training under Regulation .03 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Documentation of Training."> <text>The training requirement set forth in Regulation .03 of this chapter shall be monitored through documentation submitted annually to the State Superintendent from the local superintendents by school on the type of training, the number of certificated school personnel trained, the dates of the training, and the materials used for the training.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 6-122, and 6-704, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 27, 2018 (45:17 Md. R. 804)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> </annotations> </chapter> <chapter num="12" heading="Disqualification Criteria for Substitute Teachers"> <regulation prefix="Regulation" num=".01" heading="Disqualification Criteria for Substitute Teachers."> <paragraph num="A."> <text>Disqualification Causes.</text> <paragraph num="(1)"> <text>A local school system shall disqualify a substitute teacher from employment in any local school system if the individual:</text> <paragraph num="(a)"> <text>Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of a crime involving:</text> <paragraph num="(i)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(ii)"> <text>Moral turpitude if the offense bears directly on the individual's fitness for employment in education;</text> </paragraph> <paragraph num="(iii)"> <text>Sexual offense in the third or fourth degree;</text> </paragraph> <paragraph num="(iv)"> <text>A controlled dangerous substance offense if the offense occurred on school property or during a school event or if the individual has been convicted and the clerk of the court has certified and reported the controlled dangerous substance conviction to the Department;</text> </paragraph> <paragraph num="(v)"> <text>Child abuse or neglect as defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or a comparable crime in another state;</text> </paragraph> <paragraph num="(vi)"> <text>A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state;</text> </paragraph> <paragraph num="(vii)"> <text>Sexual solicitation of a minor; or</text> </paragraph> <paragraph num="(viii)"> <text>Possession, distribution, receipt, or production of child pornography;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Is dismissed after notice of allegation of misconduct involving a student in any school system or any minor is substantiated;</text> </paragraph> <paragraph num="(d)"> <text>Resigns after notice of allegation of misconduct involving a student in any school system or any minor;</text> </paragraph> <paragraph num="(e)"> <text>Is dismissed or resigns after notice of allegations of sexual child abuse.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>This regulation does not prevent a local school system from terminating, declining to hire, or declining to use the services of a substitute teacher based on any of the disqualifying causes or for any other lawful reason not listed as a disqualifying cause.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Disqualification and Right to Appeal.</text> <paragraph num="(1)"> <text>Prior to disqualifying a substitute teacher, a local school system shall send the individual notice of the proposed action, including the specific cause or causes for disqualification, and provide an opportunity to challenge the disqualification.</text> </paragraph> <paragraph num="(2)"> <text>A challenge to disqualification is limited to whether a substitute should be added to the Disqualified Substitute Teacher Database.</text> </paragraph> <paragraph num="(3)"> <text>An individual may appeal the disqualification in writing to the State Superintendent of Schools within 30 days of the final decision of the local school system. An individual shall remain on the disqualified list while an appeal to the State Superintendent of Schools is pending.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Disqualified Substitute Teacher Database.</text> <paragraph num="(1)"> <text>The Maryland State Department of Education shall maintain an electronic database of substitute teachers who have been disqualified by a local school system under §§A and B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The local school system shall notify the Maryland State Department of Education of a substitute teacher’s disqualification within 10 days of the final action.</text> </paragraph> <paragraph num="(3)"> <text>The notification to the Maryland State Department of Education shall be in the format prescribed by the Department.</text> </paragraph> <paragraph num="(4)"> <text>Within 10 days of receipt of notification, the Maryland State Department of Education shall enter the individual into an electronic database established under this regulation.</text> </paragraph> <paragraph num="(5)"> <text>Prior to employing an individual as a teacher, a local school system shall check whether the individual is listed in the Disqualified Substitute Teacher Database.</text> </paragraph> <paragraph num="(6)"> <text>The Maryland State Department of Education shall provide a list of those individuals in the Disqualified Substitute Teachers Database to each local school system on a monthly basis.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a decision to disqualify an individual from being able to serve as a substitute is based on §A(1)(a) of this regulation and if the plea, probation before judgment, or conviction is overturned or expunged and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual who has been disqualified may file a written request with the Maryland State Department of Education to be removed from the Disqualified Substitute Teacher Database.</text> </paragraph> <paragraph num="E."> <text>If an individual who is disqualified from being able to serve as a substitute in Maryland based on §A of this regulation holds a valid Maryland Educator Certificate, the local superintendent of schools shall notify the State Superintendent of Schools in writing of charges against the certificate holder pursuant to COMAR 13A.12.05.02.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 30, 2019 (46:26 Md. R. 1167)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> </annotations> </chapter> <chapter num="13" heading="State Board of Education Teacher Member Election"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes the process for electing the teacher member to the State Board of Education whenever there is a vacancy in that position.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Actively teaching” means an individual is:</text> <paragraph num="(a)"> <text>Employed full-time;</text> </paragraph> <paragraph num="(b)"> <text>Not employed as a substitute;</text> </paragraph> <paragraph num="(c)"> <text>Not on extended leave; and</text> </paragraph> <paragraph num="(d)"> <text>Teaching for at least 30 percent of the work week.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Candidate” means a teacher actively teaching in Maryland and certified in Maryland who has met the nomination requirements to stand for election to a seat on the State Board of Education.</text> </paragraph> <paragraph num="(3)"> <text>“Certificate” means an educator credential issued by the Department, which allows the holder to practice the area or areas of certification noted.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Immediate family member” means a:</text> <paragraph num="(a)"> <text>Parent;</text> </paragraph> <paragraph num="(b)"> <text>Sibling;</text> </paragraph> <paragraph num="(c)"> <text>Child by blood, adoption, or marriage;</text> </paragraph> <paragraph num="(d)"> <text>Spouse;</text> </paragraph> <paragraph num="(e)"> <text>Grandparent; or</text> </paragraph> <paragraph num="(f)"> <text>Grandchild.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Teacher member-elect” means the teacher candidate who received the highest number of votes from certified teachers in the State in an election conducted by the Department.</text> </paragraph> <paragraph num="(7)"> <text>“Vacancy” means a teacher member:</text> <paragraph num="(a)"> <text>Has resigned as the “teacher member” on the State Board of Education, or the teacher member’s designated term has ended;</text> </paragraph> <paragraph num="(b)"> <text>Has been removed from office;</text> </paragraph> <paragraph num="(c)"> <text>Is no longer certified to teach in the State; or</text> </paragraph> <paragraph num="(d)"> <text>Is no longer actively teaching in the State.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Provisions."> <paragraph num="A."> <text>The Department shall conduct an election to determine the teacher member-elect, whose name shall be presented to the Governor for appointment to the State Board of Education, with the advice and consent of the Senate.</text> </paragraph> <paragraph num="B."> <text>The teacher member elect shall be selected from a list of candidates provided by the Department to all certified teachers in the State.</text> </paragraph> <paragraph num="C."> <text>A teacher member’s seat on the State Board of Education shall become vacant if the teacher fails to hold certification in Maryland or stops actively teaching.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Election Schedule."> <paragraph num="A."> <text>The Department shall conduct an election whenever there is a vacancy of a teacher member of the State Board of Education.</text> </paragraph> <paragraph num="B."> <text>The Department shall prepare a schedule for conducting the election that conforms to the requirements of §C of this regulation.</text> </paragraph> <paragraph num="C."> <text>The election schedule shall include the following information:</text> <paragraph num="(1)"> <text>The time period during which an eligible teacher may obtain a nomination form from the Department;</text> </paragraph> <paragraph num="(2)"> <text>The date by which a teacher shall be certified in order to qualify as a candidate or be an eligible voter in the election;</text> </paragraph> <paragraph num="(3)"> <text>The date completed nomination forms shall be submitted to the Department;</text> </paragraph> <paragraph num="(4)"> <text>The date the Department shall certify the names of all candidates on the ballot;</text> </paragraph> <paragraph num="(5)"> <text>The dates the Department shall conduct the online election; and</text> </paragraph> <paragraph num="(6)"> <text>The date that election results shall be announced publicly.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The election schedule shall be posted online and transmitted by email to all certified teachers in the State using the email addresses provided by those educators to the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Election Notice."> <paragraph num="A."> <text>The Department shall provide notice of a teacher member vacancy and election to all certified teachers in the State.</text> </paragraph> <paragraph num="B."> <text>The notice shall include:</text> <paragraph num="(1)"> <text>The election schedule set by the Department;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of the eligibility requirements to serve as a teacher member on the State Board of Education and how to become a candidate;</text> </paragraph> <paragraph num="(3)"> <text>Information on how to vote for a teacher candidate to the State Board of Education; and</text> </paragraph> <paragraph num="(4)"> <text>Any other information the Department considers necessary for eligible voters to fully understand the purpose and procedures of the election.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Department shall circulate the election notice by:</text> <paragraph num="(1)"> <text>Sending a copy to all certified teachers in Maryland via the email address registered with the Department’s Educator Information System; and</text> </paragraph> <paragraph num="(2)"> <text>Posting the information to the Department’s website.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Nomination of Candidates."> <paragraph num="A."> <text>The name of an eligible teacher shall be placed on the ballot as a candidate if the Department certifies that they have met the criteria set by this regulation.</text> </paragraph> <paragraph num="B."> <text>Eligibility Requirements. To be placed on the ballot, a teacher:</text> <paragraph num="(1)"> <text>Shall be a resident of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Shall be certified to teach in Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Shall be actively teaching in a public or nonpublic school in Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Shall have been actively teaching for at least 5 years;</text> </paragraph> <paragraph num="(5)"> <text>May not have:</text> <paragraph num="(a)"> <text>Had a certificate suspended or revoked by the Department; or</text> </paragraph> <paragraph num="(b)"> <text>Been convicted of or entered a plea of guilty or nolo contendere for any criminal violation other than a minor traffic offense;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Shall be current on all federal, state, or local debt, without any delinquencies for income, property, or other taxes;</text> </paragraph> <paragraph num="(7)"> <text>Shall provide all of the information required by the nomination form; and</text> </paragraph> <paragraph num="(8)"> <text>Shall complete an ethics disclosure form.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Nomination Form.</text> <paragraph num="(1)"> <text>A teacher shall submit a complete nomination form in order to be considered for placement on the ballot.</text> </paragraph> <paragraph num="(2)"> <text>Teachers shall only nominate themselves as candidates.</text> </paragraph> <paragraph num="(3)"> <text>All nomination forms shall include the following:</text> <paragraph num="(a)"> <text>The teacher’s name, current school, and assignment area;</text> </paragraph> <paragraph num="(b)"> <text>The teacher’s mailing address, email address, and phone number;</text> </paragraph> <paragraph num="(c)"> <text>A brief biography of not more than 500 words and a resume, which shall include the teacher’s prior teaching assignment or assignments and the length of time at each;</text> </paragraph> <paragraph num="(d)"> <text>A personal statement of not more than 500 words explaining why the teacher should be elected to the State Board of Education;</text> </paragraph> <paragraph num="(e)"> <text>Confirmation from the human resources director, or equivalent position, of the teacher’s current school verifying that the teacher is actively teaching and has completed a criminal background check;</text> </paragraph> <paragraph num="(f)"> <text>Three letters of support, not from an immediate family member, recommending the teacher for election to the State Board of Education, which may be from any combination of the following:</text> <paragraph num="(i)"> <text>An administrator at the teacher’s current or former school;</text> </paragraph> <paragraph num="(ii)"> <text>A teacher at the teacher’s current or former school; or</text> </paragraph> <paragraph num="(iii)"> <text>A parent of a current or former student;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Documentation showing that a letter from the teacher to the local school system superintendent or head of a nonpublic school’s legal authority was submitted informing them of their intent to nominate themselves to serve on the State Board of Education; and</text> </paragraph> <paragraph num="(h)"> <text>A completed ethics disclosure form.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The Department shall provide teachers with at least 30 days in which to submit a nomination form after the Department sends notice of a teacher member vacancy.</text> </paragraph> <paragraph num="E."> <text>Selection or Rejection as Candidate.</text> <paragraph num="(1)"> <text>The Department shall add a teacher’s name as a candidate to the election ballot if the teacher meets all of the eligibility requirements and submits all of the information required by the nomination form.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall reject teachers as candidates if they fail to meet the eligibility requirements or fail to submit all of the information required by the nomination form.</text> </paragraph> <paragraph num="(3)"> <text>Upon request of a teacher, the Department shall provide the teacher the reasons for rejecting the teacher as a candidate for election.</text> </paragraph> <paragraph num="(4)"> <text>The name of a candidate shall be removed from the election ballot if:</text> <paragraph num="(a)"> <text>The teacher requests in writing that the teacher’s name be withdrawn;</text> </paragraph> <paragraph num="(b)"> <text>A local school system, a nonpublic school, or the Department files charges against the teacher’s certificate;</text> </paragraph> <paragraph num="(c)"> <text>The teacher is arrested for a cause that could lead to the suspension or revocation of the teacher’s certificate;</text> </paragraph> <paragraph num="(d)"> <text>The teacher no longer holds a certificate in the State;</text> </paragraph> <paragraph num="(e)"> <text>The teacher is no longer actively teaching in the State; or</text> </paragraph> <paragraph num="(f)"> <text>The teacher has made false statements or presented false documents in connection with the teacher’s nomination.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Department’s determination of whether a teacher shall be added, removed, or rejected as a candidate on the election ballot shall be final.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Only One Eligible Teacher as Candidate. If the Department certifies that only one eligible teacher qualifies as a candidate, the Department shall:</text> <paragraph num="(1)"> <text>Forward the name of the single candidate to the Governor for appointment; and</text> </paragraph> <paragraph num="(2)"> <text>Notify all certified teachers in the State of the cancelation of the election and the name of the teacher member-elect.</text> </paragraph> </paragraph> <paragraph num="G."> <text>No Eligible Teacher as Candidate. If the Department is unable to certify any teachers as candidates, the Department shall:</text> <paragraph num="(1)"> <text>Cancel the election; and</text> </paragraph> <paragraph num="(2)"> <text>Prepare a new election schedule.</text> </paragraph> </paragraph> <paragraph num="H."> <text>More than 25 Eligible Candidates.</text> <paragraph num="(1)"> <text>If more than 25 teachers meet the qualifications to be placed on the ballot as candidates, the Department shall automatically schedule two rounds of voting.</text> </paragraph> <paragraph num="(2)"> <text>The first round of voting shall include all candidates who meet the requirements to be placed on the ballot.</text> </paragraph> <paragraph num="(3)"> <text>The second round of voting shall include the five candidates who received the most votes during the first round of voting.</text> </paragraph> <paragraph num="(4)"> <text>The candidate who receives the most votes after the second round of voting shall win the election.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Election."> <paragraph num="A."> <text>The Department shall conduct an online election.</text> </paragraph> <paragraph num="B."> <text>Ballots.</text> <paragraph num="(1)"> <text>Candidates shall be listed in alphabetical order on the ballot.</text> </paragraph> <paragraph num="(2)"> <text>Each certified teacher in the State shall receive access to a ballot through notice provided by the Department’s Education Information System.</text> </paragraph> <paragraph num="(3)"> <text>The ballot shall, at a minimum, have the name of each candidate and the candidate’s current school and teaching assignment.</text> </paragraph> <paragraph num="(4)"> <text>The Department may include additional relevant biographical information about the candidates on the ballot, including a candidate’s personal statement, resume, biography, and other information submitted as part of the nomination form.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Voting.</text> <paragraph num="(1)"> <text>The Department shall designate one week during which votes may be cast.</text> </paragraph> <paragraph num="(2)"> <text>In the event that more than 25 candidates are on the ballot, the Department shall schedule a second round of voting that includes the five candidates who received the most votes during the first round of voting.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall extend the voting period for a run-off election in the event that the final two candidates receive the same number of votes.</text> </paragraph> <paragraph num="(4)"> <text>The Department may extend the voting period for up to an additional week at its discretion.</text> </paragraph> <paragraph num="(5)"> <text>Each certified teacher in the State may cast one vote.</text> </paragraph> <paragraph num="(6)"> <text>Voiding Ballots. The Department may void a teacher’s ballot if:</text> <paragraph num="(a)"> <text>The teacher loses certification during the election period; or</text> </paragraph> <paragraph num="(b)"> <text>The teacher attempts to manipulate election results, cast multiple votes, or otherwise interfere with the integrity of the election process.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Technical Assistance.</text> <paragraph num="(a)"> <text>The Department or election vendor shall provide technical assistance to teachers who experience technical problems in casting a ballot if the problems are reported during the voting period.</text> </paragraph> <paragraph num="(b)"> <text>Technical problems that are reported after the end of the voting period may not be grounds to cast a new ballot or otherwise delay the election results.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Reporting the Results.</text> <paragraph num="(1)"> <text>The candidate receiving the highest number of votes shall win the election.</text> </paragraph> <paragraph num="(2)"> <text>In the event of a tie, the Department shall conduct a run-off election.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall notify all candidates of the preliminary results of the election, including the total number of votes received by each candidate.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall report to the public the total number of votes received by each candidate and the Department’s final determination of the winner within 30 days after the end of the voting period.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Challenging the Results.</text> <paragraph num="(1)"> <text>An unsuccessful candidate may challenge the election results by filing a formal protest in writing to the Department within 5 days of being informed of the preliminary results.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall decide all protests within 10 days of receiving them.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 6-122, and 6-704, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 adopted as an emergency provision effective October 24, 2019 (46:23 Md. R. 1062); adopted permanently effective March 23, 2020 (47:6 Md. R. 342)</annotation> </annotations> </chapter> <chapter num="14" heading="Child Sexual Abuse and Sexual Misconduct History"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes the general provisions to comply with the child sexual abuse and sexual misconduct background history review established by Education Article, §6-113.2, Annotated Code of Maryland. Included in the chapter are definitions, reporting violations of the general provisions, penalties for entities that fail to comply with the provisions, and the establishment of an appeals process.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Child sexual abuse” means an act by an adult involving a minor or a student that constitutes a sexual offense under the laws of the State, or any sexual contact between an adult and a minor.</text> </paragraph> <paragraph num="(2)"> <text>“Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.</text> </paragraph> <paragraph num="(3)"> <text>“Current or former employer” means a county board, nonpublic school, or any other entity through which an individual had direct contact with minors.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Direct contact with minors” means the care, supervision, guidance, or control of or routine interaction with a minor.</text> </paragraph> <paragraph num="(6)"> <text>“Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Prospective employer” means a county board, nonpublic school, or contracting agency that is considering hiring an applicant for a position involving direct contact with minors.</text> </paragraph> <paragraph num="(8)"> <text>“School” means a public or nonpublic school.</text> </paragraph> <paragraph num="(9)"> <text>“Sexual misconduct” means an act by an adult, including an oral, nonverbal, written, or electronic communication, or a physical activity directed toward or with a minor that is designed to promote a romantic or sexual relationship with the minor, including:</text> <paragraph num="(a)"> <text>Sexual or romantic invitation;</text> </paragraph> <paragraph num="(b)"> <text>Dating or soliciting dates;</text> </paragraph> <paragraph num="(c)"> <text>Engaging in sexualized or romantic dialogue;</text> </paragraph> <paragraph num="(d)"> <text>Making sexually suggestive comments;</text> </paragraph> <paragraph num="(e)"> <text>Grooming behaviors;</text> </paragraph> <paragraph num="(f)"> <text>Self-disclosure or physical exposure of a sexual, romantic, or erotic nature; and</text> </paragraph> <paragraph num="(g)"> <text>A sexual, indecent, romantic, or erotic contact with the minor.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Provisions."> <paragraph num="A."> <text>Employer Requirements for Employment History Review.</text> <paragraph num="(1)"> <text>A county board, nonpublic school, or contracting agency shall follow the requirements of Education Article, §6-113.2, Annotated Code of Maryland, to obtain information on an applicant’s child sexual abuse and sexual misconduct history from current and former employers before hiring that individual for a position involving direct contact with minors.</text> </paragraph> <paragraph num="(2)"> <text>Current employers, former school employers, and former employers where the applicant had direct contact with minors within the last 10 years shall complete and return the employment history review form to a prospective employer within 20 days of receiving the employment history review form.</text> </paragraph> <paragraph num="(3)"> <text>Employers shall provide the information required by Education Article, §6-113.2, Annotated Code of Maryland, unless an exception provided for in the law does not require disclosure of the information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applicant Requirements for Employment History Review.</text> <paragraph num="(1)"> <text>An applicant for a position involving direct contact with minors shall submit to a county board, nonpublic school, or contracting agency both the contact information and a signed written consent form authorizing the release of all records relating to child sexual abuse or sexual misconduct from the following employers:</text> <paragraph num="(a)"> <text>The current employer;</text> </paragraph> <paragraph num="(b)"> <text>All former school employers, including employers for which the applicant was an emergent employee; and</text> </paragraph> <paragraph num="(c)"> <text>Former employers where the applicant had direct contact with minors within the last 10 years.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An applicant for a position involving direct contact with minors shall also submit to a county board, nonpublic school, or contracting agency a written statement of whether the applicant:</text> <paragraph num="(a)"> <text>Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:</text> <paragraph num="(i)"> <text>The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;</text> </paragraph> <paragraph num="(ii)"> <text>An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;</text> </paragraph> <paragraph num="(iii)"> <text>A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to either State law or the policies of the county board or nonpublic school;</text> </paragraph> <paragraph num="(iv)"> <text>A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or</text> </paragraph> <paragraph num="(v)"> <text>A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>While allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct, has ever:</text> <paragraph num="(i)"> <text>Been disciplined, discharged, nonrenewed, asked to resign, or otherwise separated from any employment; or</text> </paragraph> <paragraph num="(ii)"> <text>Had a license, professional license, or certificate suspended, surrendered, or revoked.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Sharing Employment History Reviews.</text> <paragraph num="(1)"> <text>A county board or nonpublic school may:</text> <paragraph num="(a)"> <text>Share an employment history review with other county boards and nonpublic schools; and</text> </paragraph> <paragraph num="(b)"> <text>Use an employment history review completed by a current or former employer that is a county board or nonpublic school if the applicant swears or affirms that the completed employment history review includes all prior employment required to be reported and provides information about any subsequent employment.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A contracting agency may:</text> <paragraph num="(a)"> <text>Share an employment history review with other contracting agencies; and</text> </paragraph> <paragraph num="(b)"> <text>Use an employment history review completed by a current or former employer that is a contracting agency if the applicant swears or affirms that the completed employment history review includes all prior employment required to be reported and provides information about any subsequent employment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Emergent Employees.</text> <paragraph num="(1)"> <text>Applicants may be hired by a county board or nonpublic school as emergent employees for a period not to exceed 60 days pending the employment history review if:</text> <paragraph num="(a)"> <text>The applicant has provided all required information and supporting documentation;</text> </paragraph> <paragraph num="(b)"> <text>An employer has no knowledge of information that would disqualify the applicant from employment;</text> </paragraph> <paragraph num="(c)"> <text>The applicant swears or affirms that the applicant is not disqualified from employment; and</text> </paragraph> <paragraph num="(d)"> <text>The applicant is not authorized to work alone with minors unless the applicant:</text> <paragraph num="(i)"> <text>Works in the immediate vicinity of a permanent employee; or</text> </paragraph> <paragraph num="(ii)"> <text>Is a school vehicle driver subject to audio and video monitoring and recording that is promptly reviewed by school administrators.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The county board or nonpublic school may rescind the offer of employment or complete the hiring process at any time within 60 days of hiring the applicant as an emergent employee.</text> </paragraph> <paragraph num="(3)"> <text>A county board’s decision to dismiss an applicant hired as an emergent employee for any reason other than child sexual abuse or sexual misconduct may be appealed within 60 days of hiring in accordance with:</text> <paragraph num="(a)"> <text>Education Article, §4-205, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Education Article, §6-202, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(c)"> <text>The collective bargaining agreement applicable to the emergent employee.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Reporting Violations."> <paragraph num="A."> <text>Except as provided in §D of this regulation, a prospective employer shall report to the Department if a current or former employer does not complete and return the employment history review form within 20 days of its receipt.</text> </paragraph> <paragraph num="B."> <text>The prospective employer shall make the report immediately to the Department using a form specified by the Department.</text> </paragraph> <paragraph num="C."> <text>The report shall include:</text> <paragraph num="(1)"> <text>The name, address, phone number, fax number, and email address for the current or former employer;</text> </paragraph> <paragraph num="(2)"> <text>A detailed list of all attempts made by the prospective employer to contact the current or former employer, including method of contact, date of attempted contact, and any response;</text> </paragraph> <paragraph num="(3)"> <text>Any supporting documentation or other information relevant to the report; and</text> </paragraph> <paragraph num="(4)"> <text>The name of the individual making the report, along with the individual’s title, employer, address, phone number, and email address.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The prospective employer may not make a report to the Department if:</text> <paragraph num="(1)"> <text>The current or former employer has no record of employing the applicant, no longer retains records for the applicant, or otherwise has no records available about the applicant;</text> </paragraph> <paragraph num="(2)"> <text>The current or former employer is no longer in business and no other entity has records for the closed business;</text> </paragraph> <paragraph num="(3)"> <text>The current or former employer did not complete the form because:</text> <paragraph num="(a)"> <text>The laws of the state in which the current or former employer is located prohibit the release of the information or records requested; or</text> </paragraph> <paragraph num="(b)"> <text>The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019; or</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The prospective employer did not make three attempts to obtain the form.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A current or former employer shall report to the Department if it learns that a certificated employee has knowingly provided false information in connection with an employment history review form or deliberately withheld information concerning past incidents of child sexual abuse or sexual misconduct.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Penalties."> <paragraph num="A."> <text>Subject to §§B—D of this regulation, the Department may impose a fine against any current or former employer that does not provide the information required by the employment history review form within 20 days of its receipt.</text> </paragraph> <paragraph num="B."> <text>Prior to imposing a fine, the Department shall send a warning letter to the current or former employer that explains:</text> <paragraph num="(1)"> <text>The requirements of the law; and</text> </paragraph> <paragraph num="(2)"> <text>How the current or former employer failed to comply with the law.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Department shall provide the current or former employer with 10 additional days in which to complete the employment history review form or explain why it is exempt from the reporting requirements.</text> </paragraph> <paragraph num="D."> <text>If, after the 10 additional days have passed, the current or former employer has not returned a completed employment history review form or provided a legal exemption from the reporting requirements, the Department may impose a fine.</text> </paragraph> <paragraph num="E."> <text>Fine Schedule. The fine imposed under §D of this regulation shall be:</text> <paragraph num="(1)"> <text>$1,000 for a first offense;</text> </paragraph> <paragraph num="(2)"> <text>$2,500 for a second offense; and</text> </paragraph> <paragraph num="(3)"> <text>$5,000 for a third or subsequent offense.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Penalties Against Applicants or Employees.</text> <paragraph num="(1)"> <text>An applicant or employee who provides false information to or deliberately withholds information regarding current or past employment from an employer as part of the child sexual abuse and sexual misconduct background history review may be denied employment or terminated from employment, if consistent with the employer’s policies.</text> </paragraph> <paragraph num="(2)"> <text>For professionally certificated personnel, the Department may take action to deny, suspend, or revoke an educator’s certificate based on providing false information or deliberately withholding information, in addition to any discipline imposed by an employer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Appeal."> <paragraph num="A."> <text>A current or former employer may appeal a fine in writing to the State Superintendent of Schools within 15 days of the Department imposing the fine.</text> </paragraph> <paragraph num="B."> <text>The appeal shall include the reasons for taking the appeal, along with any supporting documentation.</text> </paragraph> <paragraph num="C."> <text>The State Superintendent of Schools shall forward the appeal to the Office of Administrative Hearings for a proposed decision, including findings of fact and conclusions of law.</text> </paragraph> <paragraph num="D."> <text>An employer or the Department may file exceptions to the Administrative Law Judge’s proposed decision within 15 days of the decision being issued.</text> </paragraph> <paragraph num="E."> <text>The State Superintendent of Schools may affirm, reverse, or modify the Administrative Law Judge’s proposed decision.</text> </paragraph> <paragraph num="F."> <text>The decision of the State Superintendent of Schools is the final decision of the agency.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205(c) and 6-113.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 21, 2020 (47:19 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 21, 2022 (49:4 Md. R. 301)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 21, 2022 (49:4 Md. R. 301)</annotation> </annotations> </chapter> </subtitle> <subtitle num="08" heading="Students"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Attendance."> <paragraph num="A."> <text>Who Shall Attend. Each child who resides in this State and is 5 years old or older and under 18 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age, or the child is exempted under Regulation .02-2A of this chapter.</text> </paragraph> <paragraph num="B."> <text>A child who resides in this State shall attend a public or nonpublic kindergarten program regularly during the school year before entering the first grade unless the child is enrolled in an alternative program as specified in Regulation .02-2B of this chapter or is receiving home instruction as provided in COMAR 13A.10.01.</text> </paragraph> <paragraph num="C."> <text>A child who resides in this State and attends a nonpublic kindergarten program for part of the year may transfer to a public kindergarten if the child meets the minimum age requirement for admission to a public school kindergarten program, as set forth in Regulation .02B(2) of this chapter.</text> </paragraph> <paragraph num="D."> <text>Students shall be considered in attendance at school when participating in school-sponsored activities during the school day, and when that participation is approved by the local superintendent of schools or the school principal, or their designees. Students shall be considered in attendance in an alternative program setting when participating in activities during the day sponsored by the alternative program, and when that participation is approved by the director of a licensed child care center, registered family day care home, or Head Start 5-year-old program.</text> </paragraph> <paragraph num="E."> <text>Daily Attendance Record. A record of the daily attendance of each student shall be kept in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference in COMAR 13A.08.02.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Age for School Attendance."> <paragraph num="A."> <text>Prekindergarten.</text> <paragraph num="(1)"> <text>Beginning with the 2002—2003 school year through the 2004—2005 school year, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on:</text> <paragraph num="(a)"> <text>November 30, 2002, if the child applies for entrance for the 2002—2003 school year;</text> </paragraph> <paragraph num="(b)"> <text>October 31, 2003, if the child applies for entrance for the 2003—2004 school year; and</text> </paragraph> <paragraph num="(c)"> <text>September 30, 2004, if the child applies for entrance for the 2004—2005 school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Beginning with the 2005—2006 school year and each school year thereafter, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on September 1 of the school year in which the child applies for entrance.</text> </paragraph> <paragraph num="(3)"> <text>The local board of education shall adopt a regulation permitting a 3-year-old child, upon request by the parent or guardian, to be admitted to prekindergarten if the local superintendent of schools or the superintendent's designee certifies that the child is eligible under COMAR 13A.06.02 and has demonstrated educational needs warranting early admission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Kindergarten.</text> <paragraph num="(1)"> <text>Beginning with the 2003—2004 school year through the 2005—2006 school year, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on:</text> <paragraph num="(a)"> <text>November 30, 2003, if the child applies for entrance for the 2003—2004 school year;</text> </paragraph> <paragraph num="(b)"> <text>October 31, 2004, if the child applies for entrance for the 2004—2005 school year; and</text> </paragraph> <paragraph num="(c)"> <text>September 30, 2005, if the child applies for entrance for the 2005—2006 school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Beginning with the 2006—2007 school year and each school year thereafter, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on September 1 of the school year in which the child applies for entrance.</text> </paragraph> <paragraph num="(3)"> <text>The local board of education shall adopt a regulation permitting a 4-year-old child, upon request by the parent or guardian, to be admitted to kindergarten if the local superintendent of schools or the superintendent's designee determines that the child demonstrates capabilities warranting early admission. The regulation shall include a provision for promotion of the 5-year-old child to first grade if the local superintendent or the superintendent's designee determines that the child demonstrates capabilities warranting promotion to first grade.</text> </paragraph> </paragraph> <paragraph num="C."> <text>First Grade.</text> <paragraph num="(1)"> <text>Beginning with the 2004—2005 school year through the 2006—2007 school year, a child admitted to the first grade in the public schools shall be 6 years old or older on:</text> <paragraph num="(a)"> <text>November 30, 2004, if the child applies for entrance for the 2004—2005 school year;</text> </paragraph> <paragraph num="(b)"> <text>October 31, 2005, if the child applies for entrance for the 2005—2006 school year; and</text> </paragraph> <paragraph num="(c)"> <text>September 30, 2006, if the child applies for entrance for the 2006—2007 school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Beginning with the 2007—2008 school year and each school year thereafter, a child admitted to the first grade in the public schools shall be 6 years old or older on September 1 of the school year in which the child applies for entrance.</text> </paragraph> <paragraph num="(3)"> <text>The local board of education shall adopt a regulation permitting a 5-year-old child, upon request of the parent or guardian, to be admitted to the first grade if the local superintendent of schools or the superintendent's designee determines that the child has demonstrated capabilities warranting early admission.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Definitions."> <paragraph num="A."> <text>In Regulation .02-2 of this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Full-time in a licensed child care center” means the child is enrolled in the child care center only and does not attend any other kindergarten program.</text> </paragraph> <paragraph num="(2)"> <text>“Full-time in a registered family day care home” means the child is cared for by the family day care provider only and does not attend any other kindergarten program.</text> </paragraph> <paragraph num="(3)"> <text>“Part-time in a Head Start 5-year-old program” means the child is enrolled in the Head Start program and may or may not be enrolled in another child care program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-2" heading="Exemptions to Kindergarten Attendance Requirement."> <paragraph num="A."> <text>Level of Maturity Waiver.</text> <paragraph num="(1)"> <text>A child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian believes that a delay in school attendance is in the best interest of the child and the parent or guardian files a written request with the local superintendent of schools asking that the child's attendance be delayed due to the child's level of maturity.</text> </paragraph> <paragraph num="(2)"> <text>A written request for a 1-year exemption from mandatory attendance for a 5-year-old shall be filed with the local superintendent of schools or the superintendent's designee before the opening of school of the year in which the child becomes 5 years old.</text> </paragraph> <paragraph num="(3)"> <text>After a child is enrolled in kindergarten, a parent or guardian may file a written request to withdraw the child from the program and delay attendance until the following school year if the parent or guardian believes it is in the best interest of the child.</text> </paragraph> <paragraph num="(4)"> <text>The local school system shall approve the request for delay or withdrawal in writing within 5 working days from date of receipt.</text> </paragraph> <paragraph num="(5)"> <text>The local school system shall report to the State Department of Education, on forms provided by the State Department of Education, information on the number of 5-year-old children for whom requests have been received.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Alternative Program Settings.</text> <paragraph num="(1)"> <text>A child may be exempted from attending kindergarten if a parent or guardian of the child files in writing their intent to place the child in an alternative setting and verifies that the child is enrolled:</text> <paragraph num="(a)"> <text>Full-time in a licensed child care center;</text> </paragraph> <paragraph num="(b)"> <text>Full-time in a registered family day care home; or</text> </paragraph> <paragraph num="(c)"> <text>Part-time in a Head Start 5-year-old program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A parent or guardian who elects to enroll a child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall file their intent to enroll the 5-year-old child in an alternative program with the local school system before the opening of school of the year in which the child becomes 5 years old. The parent or guardian shall verify enrollment by providing the following information:</text> <paragraph num="(a)"> <text>Name of program;</text> </paragraph> <paragraph num="(b)"> <text>Address of facility location; and</text> </paragraph> <paragraph num="(c)"> <text>License or registration number and expiration date.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A parent or guardian of a child who attended an alternative program shall register the child for first grade before the opening of school of the year in which the child becomes 6 years old and shall provide documentation showing proof of attendance in the alternative program setting. Documentation includes:</text> <paragraph num="(a)"> <text>Date child was enrolled; and</text> </paragraph> <paragraph num="(b)"> <text>Number of days child was absent.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Program directors/providers who enroll a 5-year-old child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall furnish the parent or guardian with the documentation as specified in §B(2)—(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Non-State Residents. A 5-year-old child who moves into Maryland who has had a kindergarten experience in another state for part of the school year shall be enrolled in kindergarten. A 6-year-old child who moves into Maryland who has not had a kindergarten experience may be enrolled in kindergarten or first grade. The local school system shall determine the appropriate grade placement of a 6-year-old child who moves into Maryland based on a review of the documentation provided by the parent or guardian.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-3" heading="Kindergarten Readiness Assessment."> <paragraph num="A."> <text>Statewide Assessment.</text> <paragraph num="(1)"> <text>Each school year, each local school system shall administer a Department-approved kindergarten readiness assessment to all incoming kindergarten students that:</text> <paragraph num="(a)"> <text>Is racially and culturally unbiased;</text> </paragraph> <paragraph num="(b)"> <text>Is administered with the purpose for educators to develop a holistic picture of each child’s readiness for kindergarten and ensure that schools and communities are ready to support a child’s development in all areas; and</text> </paragraph> <paragraph num="(c)"> <text>May include an evaluation of:</text> <paragraph num="(i)"> <text>Language and literacy skills;</text> </paragraph> <paragraph num="(ii)"> <text>Academic knowledge in mathematics, science, and social studies;</text> </paragraph> <paragraph num="(iii)"> <text>Physical development; and</text> </paragraph> <paragraph num="(iv)"> <text>Social development.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department-approved kindergarten readiness assessment is a diagnostic assessment for educators to develop a</text> </paragraph> <paragraph num="(3)"> <text>Except as provided in §A(4) of this regulation, the Department-approved kindergarten readiness assessment may not be administered to an enrolled prekindergarten student.</text> </paragraph> <paragraph num="(4)"> <text>The kindergarten readiness assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school-based professional who intends to use the results of the kindergarten readiness assessment as one of several measures for early detection of learning challenges or to make a referral under COMAR 13A.05.01.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Assessment Process.</text> <paragraph num="(1)"> <text>Each local school system shall complete the administration of the Department-approved kindergarten readiness assessment no later than October 10 of each school year.</text> </paragraph> <paragraph num="(2)"> <text>A local school system may administer:</text> <paragraph num="(a)"> <text>A portion of the assessment to students in the local school system during the summer months before kindergarten begins; and</text> </paragraph> <paragraph num="(b)"> <text>The remaining portion of the assessment on or before October 10 of the school year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department shall return to the local school system the aggregate results of the assessment within 45 days after the administration of the assessment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Consultation with Teachers. Before administering the Department-approved kindergarten readiness assessment, the local school system shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Lawful Absence."> <text>Students presently enrolled in public schools are considered lawfully absent from school, including absence for any portion of the day, only under the following conditions:</text> <paragraph num="A."> <text>Death in the immediate family. The local school system shall determine what relationships constitute the immediate family.</text> </paragraph> <paragraph num="B."> <text>Illness of the student, as follows:</text> <paragraph num="(1)"> <text>The principal or a school appointed designee shall require from the parent or guardian:</text> <paragraph num="(a)"> <text>A physician’s certificate for a student reported continuously absent for a physical illness or somatic health need; or</text> </paragraph> <paragraph num="(b)"> <text>A certificate from an appropriate health care provider licensed or certified under Health Occupations Article, Annotated Code of Maryland, for a student reported continuously absent for a behavioral health need.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a student or the student’s parent or guardian notifies a public school that the student’s absence was due to a behavioral health need, the school shall provide information to the student or the student’s parent or guardian about school or community behavioral health resources that are available to the student.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Pregnancy and parenting related conditions as determined by the local school system, including absences due to:</text> <paragraph num="(1)"> <text>Labor, delivery, recovery, and prenatal and postnatal medical appointments;</text> </paragraph> <paragraph num="(2)"> <text>Illness or a medical appointment of the student’s child; and</text> </paragraph> <paragraph num="(3)"> <text>A legal appointment involving the pregnant or parenting student related to family law proceedings, including adoption, custody, and visitation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Court summons.</text> </paragraph> <paragraph num="E."> <text>Hazardous weather conditions. Hazardous weather conditions shall be interpreted to mean weather conditions which would endanger the health or safety of the student when in transit to and from school.</text> </paragraph> <paragraph num="F."> <text>Work approved or sponsored by the school, the local school system, or the State Department of Education, accepted by the local superintendent of schools or the school principal, or their designees as reason for excusing the students.</text> </paragraph> <paragraph num="G."> <text>Observance of a religious holiday.</text> </paragraph> <paragraph num="H."> <text>State emergency.</text> </paragraph> <paragraph num="I."> <text>Suspension.</text> </paragraph> <paragraph num="J."> <text>Lack of authorized transportation. This does not include students denied authorized transportation for disciplinary reasons.</text> </paragraph> <paragraph num="K."> <text>Other emergency or set of circumstances which, in the judgment of the superintendent or designee, constitutes a good and sufficient cause for absence from school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Unlawful Absence."> <paragraph num="A."> <text>An absence, including absence for any portion of the day, for any reason other than those cited as lawful are presumed to be unlawful and may constitute truancy. Local school systems may add specified criteria for unlawful absences to local board-approved attendance policies.</text> </paragraph> <paragraph num="B."> <text>Truancy. A truant is a student who is absent without lawful cause as defined in Regulation .03, of this chapter, from the attendance for a school day or portion of it.</text> </paragraph> <paragraph num="C."> <text>Habitual Truant. A student is an habitual truant if the student is unlawfully absent from school for a number of days or portion of days in excess of 20 percent of the school days within any marking period, semester, or year. A local school system has the prerogative of defining habitual truancy in a more but not less stringent manner (for example, unlawful absences in excess of 15 percent of the school days).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Attendance Policy."> <paragraph num="A."> <text>Definitions. In this regulation, the following terms have the meanings indicated.</text> <paragraph num="(1)"> <text>“Chronic absence” means a student has been enrolled in a school for at least 10 days and has missed 10 percent or more of the school days for any lawful or unlawful reason while enrolled at that school.</text> </paragraph> <paragraph num="(2)"> <text>Chronic Absenteeism.</text> <paragraph num="(a)"> <text>“Chronic absenteeism” means a student has been in membership in a school for at least 10 days and is absent 10 percent or more of the school days while enrolled at that school.</text> </paragraph> <paragraph num="(b)"> <text>A student can be counted as chronically absent in multiple schools, within the State, in the same year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Day of attendance” means a student is attending an instructional program approved by the State, local school system or school for greater than half the school day.</text> <paragraph num="(a)"> <text>A student is “present” or “attending” if the student is attending an instructional program by the State, local school system, and/or school as defined in Regulation .01D of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>A student is physically on school grounds or is participating in instruction or instruction-related activities at an approved off-grounds location as defined in Regulation .01D of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Multi-Tiered System of Supports (MTSS)” means a proactive and preventative framework that aims to foster growth and success by ensuring all students receive equitable academic, behavioral, and social-emotional support utilizing multiple data points to identify students requiring intervention through three tiers of support.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each local school system shall develop a student attendance policy which includes the following.</text> <paragraph num="(1)"> <text>A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance.</text> </paragraph> <paragraph num="(2)"> <text>Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04 of this chapter. Clarification of special situations for unlawful absence may also be identified.</text> </paragraph> <paragraph num="(3)"> <text>Standards for regular attendance include minimal requirements for student attendance in order to foster continuity of the instructional program. The standards for school attendance may identify a specific number of excessive or unlawful absences allowed within a marking period, semester, or school year.</text> </paragraph> <paragraph num="(4)"> <text>Procedure to verify absences/tardiness includes responsible persons, time limits, and methods of absent/tardy verification.</text> </paragraph> <paragraph num="(5)"> <text>Best practices to identify, prevent, and eliminate chronic absenteeism that are culturally responsive and nonpunitive, which may include:</text> <paragraph num="(a)"> <text>Conducting an in-depth analysis of qualitative and quantitative data to identify priorities for support;</text> </paragraph> <paragraph num="(b)"> <text>Identifying and utilizing a team at the local school system level to oversee the systemwide strategy for attendance improvement;</text> </paragraph> <paragraph num="(c)"> <text>Requiring each school to have a team to oversee the school-wide strategies for attendance improvement and reduction of chronic absenteeism;</text> </paragraph> <paragraph num="(d)"> <text>Developing and implementing a comprehensive communication plan to communicate the importance of regular student attendance to students and parents or guardians;</text> </paragraph> <paragraph num="(e)"> <text>Identifying and addressing common barriers to attendance to determine the best course of action to improve student attendance and reduce chronic absenteeism;</text> </paragraph> <paragraph num="(f)"> <text>Engaging in continuous improvement activities using qualitative and quantitative data to determine effective strategies;</text> </paragraph> <paragraph num="(g)"> <text>Promoting non-punitive strategies that address the root causes of student absence; and</text> </paragraph> <paragraph num="(h)"> <text>Engaging families using positive, proactive, and non-punitive strategies.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A multi-tiered system of supports that uses evidence-based identification and responsive strategies to ensure high-quality academic, behavioral, and social-emotional supports for all students.</text> </paragraph> <paragraph num="(7)"> <text>Penalties for not meeting standards for regular attendance requirements include actions taken by school system staff when a student is unlawfully absent or accumulates an equivalent number of excessive or unlawful absences which exceeds the standard for regular school attendance. The penalties should be identified, and should reflect a continuum of excessive or unlawful absences.</text> </paragraph> <paragraph num="(8)"> <text>Make-up work requirements include classroom teacher and student responsibility, time limits, and grading policy for make-up work. Make-up work requirements may also involve a procedure for completing class work in advance of an absence wherever possible.</text> </paragraph> <paragraph num="(9)"> <text>Attendance-monitoring procedure includes:</text> <paragraph num="(a)"> <text>Record-keeping format to comply with State attendance reporting requirements;</text> </paragraph> <paragraph num="(b)"> <text>Intervention strategies and procedures for dealing with absenteeism at the beginning stages of the problem as well as chronic absenteeism; and</text> </paragraph> <paragraph num="(c)"> <text>A referral process to pupil services or other central office professionals for case management of chronic attendance cases.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Reward process includes an identified motivational program to reward regular school attendance.</text> </paragraph> <paragraph num="(11)"> <text>Information dissemination includes methods for informing school staff, students, parents, and community members of attendance policy requirements.</text> </paragraph> <paragraph num="(12)"> <text>Appeals process includes specific due process procedures for appealing attendance violation decisions at the school and central office level.</text> </paragraph> <paragraph num="(13)"> <text>Legal foundation includes citations of legal authority for attendance policy development and implementation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Review its student attendance data at least annually;</text> </paragraph> <paragraph num="(2)"> <text>Publicly post the most recent student attendance policy on the local school system’s website; and</text> </paragraph> <paragraph num="(3)"> <text>Require each school within the local school system to include the most recent student attendance policy on the school’s website and in the school’s student handbook.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Department will collect data on student attendance to support local school systems in the development and implementation of local student attendance policies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Repealed." /> <regulation prefix="Regulation" num=".07" heading="Student Withdrawal Status."> <paragraph num="A."> <text>The Maryland Pupil Attendance Register prescribes the withdrawal status for students. In general a student will be withdrawn when the student has completed a high school program, transfers to another school, or terminates the student's formal education.</text> </paragraph> <paragraph num="B."> <text>Graduate.</text> <paragraph num="(1)"> <text>A graduate is defined as a student who completes the student's program of study at the high school level and satisfies the graduation requirements for a Maryland High School Diploma or the requirements for a Maryland High School Certificate.</text> </paragraph> <paragraph num="(2)"> <text>A graduate includes a:</text> <paragraph num="(a)"> <text>Student receiving a diploma as a result of the completion of a State-approved regular or alternative secondary school;</text> </paragraph> <paragraph num="(b)"> <text>Handicapped student who cannot meet the requirements for a diploma and is awarded a Maryland High School Certificate.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A graduate does not include a student:</text> <paragraph num="(a)"> <text>Leaving school and completing a GED or other State-approved high school equivalency program;</text> </paragraph> <paragraph num="(b)"> <text>Completing a program of study and time in grade but not meeting the basic skills testing requirements.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Dropout.</text> <paragraph num="(1)"> <text>A student who terminates the student's formal education is a dropout. A dropout is defined as a student who, for any reason other than death, leaves school before graduation or the completion of a Maryland-approved educational program (including a special education program) and is not known to enroll in another school or State-approved program during a current school year.</text> </paragraph> <paragraph num="(2)"> <text>A dropout includes a student:</text> <paragraph num="(a)"> <text>Who drops out for the reasons as identified in the Maryland Pupil Attendance Register;</text> </paragraph> <paragraph num="(b)"> <text>Who leaves school and enters a program not qualifying as an elementary/secondary school;</text> </paragraph> <paragraph num="(c)"> <text>Of any age who drops out;</text> </paragraph> <paragraph num="(d)"> <text>From special education who drops out.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A dropout does not include a student:</text> <paragraph num="(a)"> <text>Who dies;</text> </paragraph> <paragraph num="(b)"> <text>Out of school for temporary periods, for example, extended suspension, reinstatements of expulsion during the school year, or extended illness;</text> </paragraph> <paragraph num="(c)"> <text>Who transfers to another public elementary/secondary school, to another State-approved elementary/secondary educational program that continues the student's education, or to a nonpublic elementary/secondary school;</text> </paragraph> <paragraph num="(d)"> <text>Transferred to another public institution with an educational program;</text> </paragraph> <paragraph num="(e)"> <text>Placed at another grade level.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Nontraditional Graduate.</text> <paragraph num="(1)"> <text>A nontraditional graduate is a student who leaves school (terminates/withdraws) but finishes a high school equivalency through the General Educational Development Testing Program or The Adult External Diploma Program.</text> </paragraph> <paragraph num="(2)"> <text>A nontraditional graduate includes all completers of a high school equivalency regardless of age.</text> </paragraph> <paragraph num="(3)"> <text>A nontraditional graduate does not include any student who has earned the Maryland High School Diploma or Maryland High School Certificate.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Each local school system shall develop and implement a procedure to conduct an educational interview with all students who leave school before graduation, or with their parent or guardian, or all of the above. At a minimum, the interview should encourage the student to remain in the student's current school program or enroll in an alternative school program, verify the reason, or reasons, for a student dropping out of school, and ensure that the parent or guardian is informed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Substance Use or Distribution."> <paragraph num="A."> <text>Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.</text> </paragraph> <paragraph num="B."> <text>Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.</text> </paragraph> <paragraph num="C."> <text>Alcohol and Other Drugs Policy. Consistent with Regulations .11—.15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of education shall adopt a policy on alcohol and other drug use or possession, or both, by students, which shall address at least the following areas:</text> <paragraph num="(1)"> <text>Purpose;</text> </paragraph> <paragraph num="(2)"> <text>Definition of terms;</text> </paragraph> <paragraph num="(3)"> <text>Rules for student behavior;</text> </paragraph> <paragraph num="(4)"> <text>Student referral procedures;</text> </paragraph> <paragraph num="(5)"> <text>Procedures for investigating policy violations;</text> </paragraph> <paragraph num="(6)"> <text>Due process requirements;</text> </paragraph> <paragraph num="(7)"> <text>Provision of emergency medical care;</text> </paragraph> <paragraph num="(8)"> <text>Confidentiality of students' educational records;</text> </paragraph> <paragraph num="(9)"> <text>Alcohol and other drugs policy dissemination;</text> </paragraph> <paragraph num="(10)"> <text>Staff training; and</text> </paragraph> <paragraph num="(11)"> <text>Drug education curriculum.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Coordination with Local Law Enforcement.</text> <paragraph num="(1)"> <text>The local board of education shall notify local law enforcement officials of the local board of education's alcohol and other drugs policy.</text> </paragraph> <paragraph num="(2)"> <text>The local board of education, to the extent possible and consistent with applicable law, shall coordinate efforts with local law enforcement officials to:</text> <paragraph num="(a)"> <text>Prevent alcohol and other drug abuse by students;</text> </paragraph> <paragraph num="(b)"> <text>Detect the possession of alcohol or illegal drugs by students on school premises;</text> </paragraph> <paragraph num="(c)"> <text>Adopt standard operating procedures regarding the reporting of activity related to alcohol and other drug abuse on school premises;</text> </paragraph> <paragraph num="(d)"> <text>Adopt standard operating procedures regarding the investigation of activity related to alcohol and other drug abuse on school premises; and</text> </paragraph> <paragraph num="(e)"> <text>Adopt standard operating procedures regarding the seizure and storage of contraband.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Student Organizations."> <paragraph num="A."> <text>All student organizations desiring to conduct activities in public school buildings or on public school grounds shall be permitted to conduct these activities only if authorized to do so and shall thereafter be subject to the supervision of the administration and faculty of the school.</text> </paragraph> <paragraph num="B."> <text>Any secret, exclusive, or self-perpetuating organization which seeks to organize and perpetuate itself by taking in members from among the students enrolled in the public schools in which they are students, upon the basis of decision of the membership of the organization, rather than from the free choice of any students in the school who are qualified to fill the special aims of the organization, shall be prohibited from conducting its activities in public school buildings or on public school grounds.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Guidelines for Students' Responsibilities and Rights."> <paragraph num="A."> <text>Each local board of education shall have a document on students' responsibilities and rights.</text> </paragraph> <paragraph num="B."> <text>This document shall conform to guidelines established by the State Board of Education.</text> </paragraph> <paragraph num="C."> <text>The local document shall be disseminated periodically to all members of the school community, including students, teachers, administrators, and parents or guardians.</text> </paragraph> <paragraph num="D."> <text>There shall be broad involvement of representatives of the school community in the review of the document.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Disciplinary Action."> <paragraph num="A."> <text>Local Board Authority. Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools. In the context of school discipline, by the beginning of school year 2014—2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regulations at minimum shall:</text> <paragraph num="(1)"> <text>Reflect a discipline philosophy based on the goals of fostering, teaching, and acknowledging positive behavior;</text> </paragraph> <paragraph num="(2)"> <text>Be designed to keep students connected to school so that they may graduate college and career ready;</text> </paragraph> <paragraph num="(3)"> <text>Describe the conduct that may lead to in-school and out-of-school suspension or expulsion;</text> </paragraph> <paragraph num="(4)"> <text>Allow for discretion in imposing discipline;</text> </paragraph> <paragraph num="(5)"> <text>Address the ways the educational and counseling needs of suspended students will be met; and</text> </paragraph> <paragraph num="(6)"> <text>Explain why and how long-term suspensions or expulsions are last-resort options.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Terms Defined. In this regulation, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Confer” means a discussion or dialogue by any means, for example, telephone, electronic mail, or face-to-face meeting, where the views of the teacher are communicated and considered.</text> </paragraph> <paragraph num="(2)"> <text>“Expulsion” means the exclusion of the student from the student’s regular school program for 45 school days or longer, which only may occur under the following circumstances:</text> <paragraph num="(a)"> <text>The superintendent or designated representative has determined that the student’s return to school prior to the completion of the expulsion period would pose an imminent threat of serious harm to other students or staff;</text> </paragraph> <paragraph num="(b)"> <text>The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and</text> </paragraph> <paragraph num="(c)"> <text>The school system provides the excluded student with comparable educational services and appropriate behavioral support services to promote successful return to the student’s regular academic program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Extended suspension” means the exclusion of a student from a student’s regular program for a time period between 11 and 45 school days, which only may occur under the following circumstances:</text> <paragraph num="(a)"> <text>The superintendent or designated representative has determined that:</text> <paragraph num="(i)"> <text>The student’s return to school prior to the completion of the suspension period would pose an imminent threat of serious harm to other students and staff; or</text> </paragraph> <paragraph num="(ii)"> <text>The student has engaged in chronic and extreme disruption of the educational process that has created a substantial barrier to learning for other students across the school day, and other available and appropriate behavioral and disciplinary interventions have been exhausted.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and</text> </paragraph> <paragraph num="(c)"> <text>The school system provides the excluded student with comparable educational services and appropriate behavioral support services to promote successful return to the student’s regular academic program.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“In-school suspension” means the removal within the school building of a student from the student's current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal.</text> </paragraph> <paragraph num="(5)"> <text>“Long-term suspension” means the removal of a student from school for a time period between 4 and 10 school days for disciplinary reasons by the principal.</text> </paragraph> <paragraph num="(6)"> <text>“Principal” means the principal of a school or the principal's designee.</text> </paragraph> <paragraph num="(7)"> <text>“Public prekindergarten program” means:</text> <paragraph num="(a)"> <text>Any publicly funded prekindergarten program established under Education Article, §7-101.1, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Any qualified vendor of prekindergarten services as defined in Education Article, §7-101.2, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Restorative practices” means practices conducted in a whole-school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that:</text> <paragraph num="(a)"> <text>Are conducted by trained staff;</text> </paragraph> <paragraph num="(b)"> <text>Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and</text> </paragraph> <paragraph num="(c)"> <text>Help build a sense of belonging, safety, and social responsibility in the school community.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Short-term suspension” means the removal of a student from school for up to but not more than 3 school days for disciplinary reasons by the principal.</text> </paragraph> <paragraph num="(10)"> <text>“Suspension” means the application of extended suspension, in-school suspension, short-term suspension, or long-term suspension.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension and Expulsion.</text> <paragraph num="(1)"> <text>Prohibition.</text> <paragraph num="(a)"> <text>Except as provided in §C(1)(b) of this regulation, a student enrolled in a public prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school.</text> </paragraph> <paragraph num="(b)"> <text>A student described under §C(1)(a) of this regulation may only be:</text> <paragraph num="(i)"> <text>Expelled from school if required by federal law; or</text> </paragraph> <paragraph num="(ii)"> <text>Suspended for not more than 5 school days per incident if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under §C(1)(b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In-School Suspension.</text> <paragraph num="(a)"> <text>An in-school removal is not considered a day of suspension as long as the student is afforded the opportunity to continue to:</text> <paragraph num="(i)"> <text>Appropriately progress in the general curriculum;</text> </paragraph> <paragraph num="(ii)"> <text>Receive the special education and related services specified on the student's IEP, if the student is a student with a disability in accordance with COMAR 13A.05.01;</text> </paragraph> <paragraph num="(iii)"> <text>Receive instruction commensurate with the program afforded to the student in the regular classroom; and</text> </paragraph> <paragraph num="(iv)"> <text>Participate with peers as they would in their current education program to the extent appropriate.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A student may not receive an in-school suspension unless the student has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective.</text> </paragraph> <paragraph num="(c)"> <text>The school principal shall provide the student's parents with written notification of the in-school suspension action taken by the school.</text> </paragraph> <paragraph num="(d)"> <text>After 10 days of cumulative in-school suspension, the student, the student's parents or guardian, and the principal shall confer.</text> </paragraph> <paragraph num="(e)"> <text>The student's school of current enrollment shall make provision for the student's education during the period of in-school suspension.</text> </paragraph> <paragraph num="(f)"> <text>Local school systems shall develop policies pertaining to a student's participation in extracurricular activities if the student receives an in-school suspension.</text> </paragraph> <paragraph num="(g)"> <text>Local school systems shall develop and implement a behavioral program of positive interventions to address the causes of misbehavior as part of the in-school suspension.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Suspension for Not More Than 10 Days.</text> <paragraph num="(a)"> <text>In accordance with the rules and regulations of the local board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal, except as provided in §C(1) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.</text> </paragraph> <paragraph num="(c)"> <text>At or before the conference, the student shall receive oral or written notice of the charges against him or her. If the student denies the charges, the student has the right to an explanation of the evidence supporting the charges and an opportunity to present the student's side of the story.</text> </paragraph> <paragraph num="(d)"> <text>A student whose presence in school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed immediately from school, if the notice and conference required by this subsection is provided as soon as possible.</text> </paragraph> <paragraph num="(e)"> <text>If the principal finds that an extended suspension or expulsion is warranted, the principal immediately shall report the matter in writing to the local superintendent.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Suspension for More than 10 Days or Expulsion.</text> <paragraph num="(a)"> <text>At the request of a principal, a local superintendent or the designated representative may suspend a student for more than 10 school days or expel the student, except as provided in §C(1) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Upon receipt of a written report from a principal requesting an extended suspension or expulsion, the local superintendent or designated representative promptly shall make a thorough investigation of the matter.</text> </paragraph> <paragraph num="(c)"> <text>If after the investigation the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the superintendent or designated representative promptly shall arrange a conference with the student and the student’s parent or guardian.</text> </paragraph> <paragraph num="(d)"> <text>The process described in §C(3)(a)—(c) of this regulation shall be completed by the 10th school day of the initial suspension. If additional time is necessary to complete the process, either because of delays due to parent or guardian unavailability or due to the complexity of the investigation, the student shall be allowed to return to school, unless the local superintendent or designated representative determines that the student’s return to school would pose an imminent threat of serious harm to other students or staff.</text> </paragraph> <paragraph num="(e)"> <text>If the student is not allowed to return to school after the 10th day, the superintendent or designee shall notify the student and the parent or guardian within 24 hours and provide the reasons for the delay in the process and the denial of reentry and send a copy of the notice to the State Superintendent of Schools;</text> </paragraph> <paragraph num="(f)"> <text>If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination.</text> </paragraph> <paragraph num="(g)"> <text>If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows:</text> <paragraph num="(i)"> <text>This timeline period may be extended if the parent, guardian, or his/her representative requests additional time; and</text> </paragraph> <paragraph num="(ii)"> <text>This timeline shall also apply in the event that the local board elects to use a hearing examiner.</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>If due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 days, it may petition the State Superintendent for an extension of time.</text> </paragraph> <paragraph num="(i)"> <text>The student or the student’s parent or guardian or representative:</text> <paragraph num="(i)"> <text>Shall be provided the school system’s witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and</text> </paragraph> <paragraph num="(ii)"> <text>May bring counsel and witnesses to the hearing.</text> </paragraph> </paragraph> <paragraph num="(j)"> <text>Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.</text> </paragraph> <paragraph num="(k)"> <text>The appeal to the local board does not stay the decision of the county superintendent.</text> </paragraph> <paragraph num="(l)"> <text>The decision of the local board is final.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A student expelled or suspended from school shall remain away from the school premises during those hours each school day when the school the student attends is in session, and may not participate in school-sponsored activities. The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by the student's parent or guardian.</text> </paragraph> <paragraph num="(6)"> <text>A student suspended or expelled from school shall be allowed to return to school on the day that the terms and conditions of the suspension or expulsion are met whether or not the student, parent, or guardian has filed an appeal of the suspension.</text> </paragraph> <paragraph num="(7)"> <text>If a student has been suspended or expelled, the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian.</text> </paragraph> <paragraph num="(8)"> <text>If a student's disruptive behavior results in action less than suspension, the principal shall confer with the teacher who referred the student to the principal before returning the student to that teacher's classroom. The principal may satisfy this requirement by consulting with the teacher before returning the student to the classroom.</text> </paragraph> <paragraph num="(9)"> <text>A local superintendent may deny attendance to a student who is currently expelled or on extended suspension from another school system for a length of time equal to that expulsion or extended suspension. A school system shall forward information to another school system relating to the discipline of a student, including information of an expulsion or extended suspension of the student, on receipt of the request for information.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Restitution. Unless the student is referred to the Department of Juvenile Services, if a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian, and other appropriate individual, the principal shall require the student or the student's parent or guardian to make restitution. The restitution may be made in the form of monetary restitution not to exceed the lesser of the fair market value of the property, or $2,500, or by the student's assignment to a school work project, or both.</text> </paragraph> <paragraph num="E."> <text>Corporal Punishment. Corporal punishment may not be used to discipline a student in a public school in the State.</text> </paragraph> <paragraph num="F."> <text>Minimum Education Services. In order to establish accountability and keep suspended or expelled students on track with classroom work, as is reasonably possible, each local board shall institute education services that at a minimum provide that:</text> <paragraph num="(1)"> <text>Each student suspended or expelled out-of-school who is not placed in an alternative education program shall receive daily classwork and assignments from each teacher, which shall be reviewed and corrected by teachers on a weekly basis and returned to the student; and</text> </paragraph> <paragraph num="(2)"> <text>Each principal shall assign a school staff person to be the liaison between the teachers and the various students on out-of-school suspension or expulsion and to communicate weekly about classwork assignments and school-related issues by phone or email with those out-of-school suspended/expelled students and their parents.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Education Services During Short-Term Suspensions.</text> <paragraph num="(1)"> <text>For short-term suspensions, the local board of education shall inform all schools under their jurisdiction:</text> <paragraph num="(a)"> <text>To provide all students who receive short-term suspensions with the opportunity to complete the academic work they miss during the suspension period without penalty; and</text> </paragraph> <paragraph num="(b)"> <text>To provide all students who receive short-term suspensions, and their parents or guardians, with the contact information for a school employee who will be responsible for ensuring that the requirement described in §G(1)(a) is met.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All other aspects of the process for suspended students receiving missed assignments, completing missed assignments, and making up tests shall be identical with each school’s established policy and practice for makeup work in the event of any other excused absence.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Intervention and Support.</text> <paragraph num="(1)"> <text>School personnel shall provide intervention and support to address the student’s behavior if the student is:</text> <paragraph num="(a)"> <text>Suspended under §C(1)(b) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Enrolled in a public prekindergarten program, kindergarten, first grade, or second grade and:</text> <paragraph num="(i)"> <text>Is disruptive to the school environment; or</text> </paragraph> <paragraph num="(ii)"> <text>Commits an act that would be considered an offense subject to suspension but for the student’s grade.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Intervention and support provided under §H(1) of this regulation includes:</text> <paragraph num="(a)"> <text>Positive behavior interventions and supports;</text> </paragraph> <paragraph num="(b)"> <text>A behavior intervention plan;</text> </paragraph> <paragraph num="(c)"> <text>A referral to a student support team;</text> </paragraph> <paragraph num="(d)"> <text>A referral to an individualized education program team; and</text> </paragraph> <paragraph num="(e)"> <text>A referral for appropriate community-based services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The school system, to the best of its ability, shall remedy the impact of a student’s behavior on school climate through appropriate intervention methods including restorative practices.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Arrests on School Premises."> <paragraph num="A."> <text>When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.</text> </paragraph> <paragraph num="B."> <text>When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting officer, and the location of the student.</text> </paragraph> <paragraph num="C."> <text>When an arrest has taken place on school premises or during school hours, every effort shall be made by school officials to inform the parent or guardians immediately and thereafter promptly to advise the local superintendent of schools.</text> </paragraph> <paragraph num="D."> <text>Arrest on school premises during school hours shall be effectuated in such a manner as to avoid both embarrassment to the student being arrested and jeopardizing the safety and welfare of other students.</text> </paragraph> <paragraph num="E."> <text>School officials may not permit questioning of a student under arrest on the school premises and shall request the arresting officer to remove the student from the premises as soon as practicable after the arrest is made.</text> </paragraph> <paragraph num="F."> <text>Beginning in the 2015—2016 school year, data on school arrests shall be reported in a manner and format developed by the Department, in consultation with local school systems, and approved by the State Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12-1" heading="Bringing or Possessing a Firearm on School Property."> <paragraph num="A."> <text>In this regulation, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Alternative educational setting” means an alternative education program that allows the student to continue the student's education within the public school system and, if in a secondary school, the opportunity to earn credit.</text> </paragraph> <paragraph num="(2)"> <text>“Expulsion” means at a minimum the removal of a student from the student's regular school program.</text> </paragraph> <paragraph num="(3)"> <text>“Firearm” means a weapon as defined in 18 U.S.C. §921.</text> </paragraph> <paragraph num="(4)"> <text>“School property” means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system.</text> </paragraph> <paragraph num="(5)"> <text>“Year” means a calendar year of 12 months.</text> </paragraph> </paragraph> <paragraph num="B."> <text>General Provisions.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, if the local superintendent or designee finds that a student has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity, the student shall be expelled for a minimum of 1 year.</text> </paragraph> <paragraph num="(2)"> <text>The local superintendent may specify in writing, on a case-by-case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the local board, for a student who has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity.</text> </paragraph> <paragraph num="(3)"> <text>Nothing in this regulation applies to a firearm:</text> <paragraph num="(a)"> <text>That is lawfully stored inside a locked vehicle on school property; or</text> </paragraph> <paragraph num="(b)"> <text>For activities approved and authorized by the local school system, if the local school system adopts appropriate safeguards to ensure student safety.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Students with Disabilities. An identified student with disabilities who brings a firearm onto school property or to a school-sponsored activity or who possesses a firearm on school property or at a school-sponsored activity may be suspended or expelled in accordance with the procedures set out in Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.</text> </paragraph> <paragraph num="D."> <text>Administrative Procedures.</text> <paragraph num="(1)"> <text>Annually by August 1, each local school system shall provide the State Board of Education with a report that includes:</text> <paragraph num="(a)"> <text>Written certification that the local school system is in compliance with the requirements of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>A description of the circumstances surrounding any expulsions imposed under State law as required by §B(1) of this regulation;</text> </paragraph> <paragraph num="(c)"> <text>The number of incidents in which a student brought a firearm onto school property or to a school-sponsored activity or possessed a firearm on school property or at a school-sponsored activity;</text> </paragraph> <paragraph num="(d)"> <text>The name of the school where each incident took place;</text> </paragraph> <paragraph num="(e)"> <text>The type of firearm involved;</text> </paragraph> <paragraph num="(f)"> <text>The disposition of each case, including the number of students:</text> <paragraph num="(i)"> <text>Expelled from each school, and</text> </paragraph> <paragraph num="(ii)"> <text>Placed in alternative educational settings; and</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>A description of alternative educational settings used in compliance with this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each local school system shall report each incident in which a student brings a firearm onto school property or to a school-sponsored activity or possesses a firearm on school property or at a school-sponsored activity to the appropriate juvenile justice or criminal enforcement agency.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Nothing in this regulation precludes a local school system from developing or applying more stringent regulations and procedures.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Questioning on School Premises."> <paragraph num="A."> <text>Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughout that questioning.</text> </paragraph> <paragraph num="B."> <text>A local school system shall permit personnel from a local department of social services or a police officer to question a student on school premises during the school day in an investigation involving suspected child neglect or suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland. The following apply:</text> <paragraph num="(1)"> <text>The local superintendent or the superintendent's designee shall determine, after consultation with the individual from the local department of social services or the police officer, whether a school official shall be present during the questioning of a student pursuant to this section.</text> </paragraph> <paragraph num="(2)"> <text>Records and reports concerning child abuse or neglect are confidential, and unauthorized disclosure is a criminal offense under Article 88A, §6(b), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, whenever investigative questioning of students is permitted on the premises, the school official shall promptly advise the parent or guardians and the local superintendent's office of the nature of the investigation and such other details as may be required.</text> </paragraph> <paragraph num="D."> <text>School officials are not required to notify parents or guardians of investigations on school premises involving suspected child neglect and suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>In the absence of an arrest, school officials may not authorize the removal of a student from school for the purpose of investigative questioning without the consent of the parent or guardians, except as provided below:</text> <paragraph num="(1)"> <text>A student may be removed from school premises if that student is a suspected victim of child abuse or neglect and the local department of social services has guardianship of the child or a court order to remove the child;</text> </paragraph> <paragraph num="(2)"> <text>The Superintendent or the Superintendent's designee shall ensure that prompt notification of a student's removal from school under this section is made to the student's parent or guardians.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Searches."> <paragraph num="A."> <text>Search of Student by Principal, Assistant Principal, or School Security Guard.</text> <paragraph num="(1)"> <text>A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is:</text> <paragraph num="(a)"> <text>A criminal offense under the laws of this State; or</text> </paragraph> <paragraph num="(b)"> <text>A violation of:</text> <paragraph num="(i)"> <text>Any other State law; or</text> </paragraph> <paragraph num="(ii)"> <text>A rule or regulation of the local board.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A search under §A(1) of this regulation shall be made in the presence of a third party.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Search of School by Principal, Assistant Principal, or School Security Guard.</text> <paragraph num="(1)"> <text>A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances, including the lockers of students.</text> </paragraph> <paragraph num="(2)"> <text>The right of a principal, assistant principal, or school security guard to search lockers of students under §B(1) of this regulation shall be announced or published previously in the school.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Search of Student on School-Sponsored Trip by Teacher.</text> <paragraph num="(1)"> <text>A local board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student's possession an item, the possession of which is:</text> <paragraph num="(a)"> <text>A criminal offense under the laws of this State; or</text> </paragraph> <paragraph num="(b)"> <text>A violation of:</text> <paragraph num="(i)"> <text>Any other State law; or</text> </paragraph> <paragraph num="(ii)"> <text>A rule or regulation of the local board.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>To qualify to conduct a search under §C(1) of this regulation, a teacher shall:</text> <paragraph num="(a)"> <text>Be designated in writing by a principal; and</text> </paragraph> <paragraph num="(b)"> <text>Receive training to conduct a search commensurate with the training received by a principal.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A search under §C(1) of this regulation shall be made in the presence of a third party.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Police officers shall conduct searches of students and the school premises in accordance with their established policies and procedures.</text> </paragraph> <paragraph num="E."> <text>A school official may not conduct a search of the person of a student at the request of a police officer unless a search warrant has been issued authorizing the search.</text> </paragraph> <paragraph num="F."> <text>Every effort shall be made to conduct searches in a manner which will minimize disruption of the normal school routine and minimize embarrassment to students affected.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Reporting Delinquent Acts."> <paragraph num="A."> <text>Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.</text> </paragraph> <paragraph num="B."> <text>Delinquent acts do not include conduct which has been traditionally treated as a matter of discipline to be handled administratively by the particular school, except that all conduct of a serious nature should be promptly reported to the parent or guardians concerned.</text> </paragraph> <paragraph num="C."> <text>Beginning in the 2015—2016 school year, the local school systems shall report data to the Department on school arrests and referrals to law enforcement agencies or to the juvenile justice system in a form and manner developed by the Department, in consultation with local school systems, and approved by the State Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Integration."> <text>The local boards of education shall be informed by the State Department of Education as to the legal requirements concerning the integration of schools. The State Department of Education shall check on compliance with these requirements and shall report all suspected violations to the State Board of Education. The organization of school activities shall provide for the involvement of students regardless of sex, race, creed, or national origin.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="School Use of Reportable Offenses."> <paragraph num="A."> <text>Terms Defined. In this regulation the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Appropriate educational programming” means a regular or alternative education program that allows a student the opportunity to continue the student's education within the public school system and, if in secondary school, the opportunity to receive credit.</text> </paragraph> <paragraph num="(2)"> <text>“Criminal organization” has the meaning stated in Criminal Law Article, §9-801, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Law enforcement agency” means the law enforcement agencies listed in Public Safety Article, §3—101(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Local school system” means the schools and school programs under the supervision of the local superintendent.</text> </paragraph> <paragraph num="(5)"> <text>“Local superintendent” means the county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator.</text> </paragraph> <paragraph num="(6)"> <text>“Regular school program” means the courses, classes, and related services the student is enrolled in by a local school system at the time of the student’s reportable offense.</text> </paragraph> <paragraph num="(7)"> <text>“Related services” means any supportive intervention that is available through the local school system.</text> </paragraph> <paragraph num="(8)"> <text>“Reportable offense” means an offense that:</text> <paragraph num="(a)"> <text>Occurred off school premises;</text> </paragraph> <paragraph num="(b)"> <text>Did not occur at an event sponsored by the school; and</text> </paragraph> <paragraph num="(c)"> <text>Involved any of the following:</text> <paragraph num="(i)"> <text>A crime of violence, as defined in Criminal Law Article, §14–101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>Any of the offenses enumerated in Courts and Judicial Proceedings Article, §3–8A–03(e)(4), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(iii)"> <text>A violation of Criminal Law Article, §4–101, 4–102, 4–203, or 4–204, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(iv)"> <text>A violation of Criminal Law Article, §5–602, 5–603, 5–604, 5–605, 5–606, 5–607, 5–608, 5–608.1, 5–609, 5–612, 5–613, 5–614, 5–617, 5–618, 5–627, or 5–628, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(v)"> <text>A violation of Criminal Law Article, §4–503, 9–504, or 9–505, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(vi)"> <text>A violation of Criminal Law Article, §6–102, 6–103, 6–104, or 6–105, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(vii)"> <text>A violation of Criminal Law Article, § 9–802 or 9–803, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(viii)"> <text>A violation of Criminal Law Article, §3–203, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ix)"> <text>A violation of Criminal Law Article, §6–301, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(x)"> <text>A violation of Criminal Law Article, §9–302, 9–303, or 9–305, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(xi)"> <text>A violation of Criminal Law Article, §7–105, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(xii)"> <text>A violation of Criminal Law Article, §6–202, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(xiii)"> <text>A violation of Criminal Law Article, §10–606, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>“School principal” means the principal of the public or nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator.</text> </paragraph> <paragraph num="(10)"> <text>School Security Officer.</text> <paragraph num="(a)"> <text>“School security officer” means an individual designated to maintain the security and safety of a school.</text> </paragraph> <paragraph num="(b)"> <text>“School security officer” includes:</text> <paragraph num="(i)"> <text>A school principal or other school administrator;</text> </paragraph> <paragraph num="(ii)"> <text>A law enforcement officer; or</text> </paragraph> <paragraph num="(iii)"> <text>Other individual employed by a local school system or a local government who is designated by the [county] local superintendent or a school principal to help maintain the security and safety of a school.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“School security officer” does not include:</text> <paragraph num="(i)"> <text>A teacher;</text> </paragraph> <paragraph num="(ii)"> <text>A school counselor;</text> </paragraph> <paragraph num="(iii)"> <text>A school psychologist; or</text> </paragraph> <paragraph num="(iv)"> <text>A school social worker.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Student” means an individual enrolled in a public school system in the State who is 5 years old or older and younger than 22 years old.</text> </paragraph> <paragraph num="(12)"> <text>“Student with a disability” means a student eligible under the Individuals with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notification by Law Enforcement. If a student is arrested for a reportable offense or an offense that is related to the student’s membership in a criminal organization, the law enforcement agency making the arrest:</text> <paragraph num="(1)"> <text>Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable:</text> <paragraph num="(a)"> <text>The local superintendent;</text> </paragraph> <paragraph num="(b)"> <text>The school principal; and</text> </paragraph> <paragraph num="(c)"> <text>For a school that has a school security officer, the school security officer; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>May notify the State’s Attorney of the arrest and charges.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Safety Determination Procedures and Plan.</text> <paragraph num="(1)"> <text>Promptly, upon receipt of information from a law enforcement agency or another verified source of an arrest of a student for a reportable offense:</text> <paragraph num="(a)"> <text>The local superintendent shall provide the school principal of the school in which the student is enrolled with the arrest information, including the charges; or</text> </paragraph> <paragraph num="(b)"> <text>If the student who has been arrested is an identified student with disabilities who has been enrolled by the public school system in a nonpublic school program, the local superintendent shall provide the principal of the nonpublic school with the arrest information, including the charges.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The school principal, in consultation with appropriate staff members, shall consider whether the student’s presence presents a risk to the safety of other students and staff.</text> </paragraph> <paragraph num="(3)"> <text>If the school principal believes the student presents a safety risk, the school principal shall immediately develop a plan that:</text> <paragraph num="(a)"> <text>Addresses appropriate educational programming and related services for the student; and</text> </paragraph> <paragraph num="(b)"> <text>Maintains a safe and secure school environment for all students and staff.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The school principal shall request that the student’s parent or guardian:</text> <paragraph num="(a)"> <text>Participate in the development of the plan; and</text> </paragraph> <paragraph num="(b)"> <text>Submit information that is relevant to developing the plan.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the student has an attorney, the school principal shall invite the student’s attorney to participate in any meeting with the student’s parent or guardian to discuss the plan.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Removal from Regular School Program.</text> <paragraph num="(1)"> <text>A student may not be removed from the student’s regular school program unless the student presents an imminent threat of serious harm to other students or staff.</text> </paragraph> <paragraph num="(2)"> <text>Notice of the arrest for a reportable offense may not be the sole basis for a change in the student’s regular school program.</text> </paragraph> <paragraph num="(3)"> <text>If the plan developed in §C(3) of this regulation includes removal of the student from the student’s regular school program, the school principal shall promptly inform the local superintendent in writing.</text> </paragraph> <paragraph num="(4)"> <text>Upon receipt of a written report from a school principal requesting a removal from the regular school program, and no later than 10 school days from the notification of the reportable offense, the local superintendent shall:</text> <paragraph num="(a)"> <text>Promptly hold a conference with the student, the student’s parent or guardian, and, if the student has an attorney, the student’s attorney; and</text> </paragraph> <paragraph num="(b)"> <text>Make a determination as to whether the student poses an imminent threat of serious harm to other students or staff necessitating a removal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Implementation of the plan must occur by the tenth school day following notification of the reportable offense.</text> </paragraph> <paragraph num="(6)"> <text>If after the conference, the local superintendent finds that a removal from the regular school program is warranted, the student or the student’s parent or guardian may appeal the removal to the local board within 15 calendar days after the receipt of the written determination and notice of appeal rights.</text> </paragraph> <paragraph num="(7)"> <text>If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 calendar days from the date the appeal was received to hear the appeal and issue a decision, as follows:</text> <paragraph num="(a)"> <text>This timeline period may be extended if the parent, guardian, or representative requests additional time; and</text> </paragraph> <paragraph num="(b)"> <text>This timeline shall also apply if the local board elects to use a hearing examiner.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>If, due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 calendar days, it may petition the State Superintendent for an extension of time.</text> </paragraph> <paragraph num="(9)"> <text>The student or the student’s parent, guardian, or representative:</text> <paragraph num="(a)"> <text>Shall be provided with the school system’s witness list and a copy of the documents that the school system will present at the hearing no later than 5 business days before the hearing; and</text> </paragraph> <paragraph num="(b)"> <text>May bring counsel and witnesses to the hearing.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the local board.</text> </paragraph> <paragraph num="(11)"> <text>The appeal to the local board does not stay the decision of the local superintendent.</text> </paragraph> <paragraph num="(12)"> <text>The decision of the local board is final.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Review Procedures.</text> <paragraph num="(1)"> <text>With the input of the school principal, appropriate staff, the student, and the student’s parent or guardian, the local superintendent shall review the plan and the student’s status and make adjustments as appropriate:</text> <paragraph num="(a)"> <text>Immediately upon notification from the State’s Attorney of the disposition of the reportable offense; or</text> </paragraph> <paragraph num="(b)"> <text>Pending notification from the State’s Attorney, at a minimum every 45 school days.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the student has an attorney, the local superintendent shall invite the student’s attorney to participate in any meeting with the student or the student’s parent or guardian to discuss the review of the plan.</text> </paragraph> <paragraph num="(3)"> <text>The student and the student’s parent or guardian shall be provided in writing with the local superintendent’s review decision.</text> </paragraph> <paragraph num="(4)"> <text>If the student or the student’s parent or guardian disagrees with the local superintendent’s review decision, the student or the student’s parent or guardian may appeal the decision consistent with §D(5)—(11) of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Confidentiality of Information and Retention of Documents.</text> <paragraph num="(1)"> <text>Except by order of a juvenile court or other court upon good cause shown or as provided in §F(2) of this regulation, the reportable offense information is confidential and may not be redisclosed by subpoena or otherwise and may not be made part of the student’s permanent educational record.</text> </paragraph> <paragraph num="(2)"> <text>If the disposition of the reportable offense was a conviction or an adjudication of delinquency, or the criminal charge or delinquency petition is still pending, a local superintendent or school principal shall transmit the information obtained under this regulation as a confidential file to the local superintendent of another local school system or to another nonpublic school in the state in which the student has enrolled or has transferred, to carry out the purposes of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A local superintendent or school principal who transmits information about a student under §F(2) of this regulation shall include in the confidential transmittal information on any educational programming and related services provided to the student.</text> </paragraph> <paragraph num="(4)"> <text>Nothing in this regulation is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means.</text> </paragraph> <paragraph num="(5)"> <text>The reportable offense information obtained by a local superintendent, school principal, or school security officer shall be:</text> <paragraph num="(a)"> <text>Transmitted only to school personnel of the school in which the student is enrolled and as necessary to carry out the purposes set forth in this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Destroyed when the first of the following occurs:</text> <paragraph num="(i)"> <text>The student graduates;</text> </paragraph> <paragraph num="(ii)"> <text>The student otherwise permanently leaves school;</text> </paragraph> <paragraph num="(iii)"> <text>The student turns 22 years old;</text> </paragraph> <paragraph num="(iv)"> <text>The criminal case involving the reportable offense is dismissed;</text> </paragraph> <paragraph num="(v)"> <text>The student is found not guilty of the reportable offense; or</text> </paragraph> <paragraph num="(vi)"> <text>The student pleads to a lesser offense that is not a reportable offense.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Students with Disabilities.</text> <paragraph num="(1)"> <text>Appropriate educational programming and related services shall be provided to an identified student with a disability in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including COMAR 13A.05.01.</text> </paragraph> <paragraph num="(2)"> <text>Removal of a student with a disability resulting in a change of placement shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including requirements related to a manifestation determination.</text> </paragraph> <paragraph num="(3)"> <text>If the student has an attorney, the attorney shall be invited to attend any meeting to discuss the manifestation determination.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Reportable Offense Involving Rape or a Sexual Offense.</text> <paragraph num="(1)"> <text>Except as otherwise provided in §H(2) of this regulation, the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well-being of the alleged victim.</text> </paragraph> <paragraph num="(2)"> <text>If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.</text> </paragraph> <paragraph num="(3)"> <text>Consistent with Criminal Procedure Article, §11-722(e), Annotated Code of Maryland, a student who is required to register with the Maryland Sex Offender Registry may receive an education in accordance with State law in any of the following locations:</text> <paragraph num="(a)"> <text>A location other than a public or nonpublic elementary or secondary school, including by:</text> <paragraph num="(i)"> <text>Participating in the Home and Hospital Teaching Program for Students; or</text> </paragraph> <paragraph num="(ii)"> <text>Participating in or attending a program approved by a local board;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A Regional Institute for Children and Adolescents; or</text> </paragraph> <paragraph num="(c)"> <text>A nonpublic educational program as provided by Education Article, §8-406, Annotated Code of Maryland, if:</text> <paragraph num="(i)"> <text>The registrant has notified an agent or employee of the nonpublic educational program that the registrant is required to register under this subtitle; and</text> </paragraph> <paragraph num="(ii)"> <text>The registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>General Provisions.</text> <paragraph num="(1)"> <text>Each public school that enrolls students in grades six through 12 in the State shall designate at least one school security officer.</text> </paragraph> <paragraph num="(2)"> <text>A fee may not be charged to the student or parent or guardian for the alternative educational programming or related services that are developed for the student.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Data Collection.</text> <paragraph num="(1)"> <text>Each year, the local school system shall provide to the Department the following information for each reportable offense for which the local school received information under this regulation:</text> <paragraph num="(a)"> <text>The nature of the reportable offense;</text> </paragraph> <paragraph num="(b)"> <text>Verification that the offense occurred off school premises;</text> </paragraph> <paragraph num="(c)"> <text>Action taken by the local school and local board after being notified of the reportable offense;</text> </paragraph> <paragraph num="(d)"> <text>The race, ethnicity, gender, and disability status of the student arrested for the reportable offense;</text> </paragraph> <paragraph num="(e)"> <text>The grade of the student arrested for the reportable offense;</text> </paragraph> <paragraph num="(f)"> <text>The regular school program of the student arrested for the reportable offense;</text> </paragraph> <paragraph num="(g)"> <text>Whether the student’s regular school program was altered as a result of the reportable offense;</text> </paragraph> <paragraph num="(h)"> <text>If the student was removed from the student’s regular school program as a result of the reportable offense:</text> <paragraph num="(i)"> <text>The amount of time during which the student was removed; and</text> </paragraph> <paragraph num="(ii)"> <text>The student’s placement and educational programming during the period of removal; and</text> </paragraph> <paragraph num="(iii)"> <text>If removed from the student’s regular school program, the student’s academic performance during the time period the student was removed, including attendance, grades, and standardized test scores, and any additional disciplinary actions.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Definitions for Regulations .19—.20."> <paragraph num="A."> <text>In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Conviction of or adjudication of” means that the perpetrator has been convicted of, adjudicated delinquent of, pleads guilty or nolo contendere with respect to, or receives probation before judgment with respect to, a violent criminal offense.</text> </paragraph> <paragraph num="(2)"> <text>“Corrective action plan” means a plan that includes information concerning conditions in the school that may have contributed to the commission of the offenses set forth in §B(4) of this regulation. A corrective action plan shall describe any behavioral interventions that will be used to address problems in the school.</text> </paragraph> <paragraph num="(3)"> <text>“Local school system” means any of the 24 local public school systems in the State.</text> </paragraph> <paragraph num="(4)"> <text>“Persistently dangerous school” means a school in which each year for 3 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the following offenses equals 2-1/2 percent or more of the total number of students enrolled in the school:</text> <paragraph num="(a)"> <text>Arson or fire;</text> </paragraph> <paragraph num="(b)"> <text>Drugs;</text> </paragraph> <paragraph num="(c)"> <text>Explosives;</text> </paragraph> <paragraph num="(d)"> <text>Firearms;</text> </paragraph> <paragraph num="(e)"> <text>Other guns;</text> </paragraph> <paragraph num="(f)"> <text>Other weapons;</text> </paragraph> <paragraph num="(g)"> <text>Physical attack on a student;</text> </paragraph> <paragraph num="(h)"> <text>Physical attack on a school system employee or other adult; and</text> </paragraph> <paragraph num="(i)"> <text>Sexual assault.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Safe school” means a school that has not been placed on probationary status or designated as persistently dangerous pursuant to Regulation .19 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>“School grounds” means a local school system owned or leased building and land that surrounds a school building and also includes school vehicles.</text> </paragraph> <paragraph num="(7)"> <text>“Violent criminal offense” means a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Probationary and Persistently Dangerous School Designation."> <paragraph num="A."> <text>Probationary Status.</text> <paragraph num="(1)"> <text>The State Board of Education shall place on probationary status any school having each year for a period of 2 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equal to 2-1/2 percent or more of the total number of students enrolled in the school.</text> </paragraph> <paragraph num="(2)"> <text>The local school system shall notify in a timely manner the parents of each student attending the school that the State has placed the school on probationary status.</text> </paragraph> <paragraph num="(3)"> <text>The local superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State Board of Education that a school in the jurisdiction of the school system is on probationary status.</text> </paragraph> <paragraph num="(4)"> <text>During the probationary status the school shall implement in a timely manner strategies to reduce the commission of offenses set forth in Regulation .18B(4) of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Persistently Dangerous Designation.</text> <paragraph num="(1)"> <text>After placing a school on probationary status, the State Board of Education shall designate that school as persistently dangerous if during the next consecutive school year the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equals 2-1/2 percent or more of the total number of students enrolled in the school.</text> </paragraph> <paragraph num="(2)"> <text>The local school system shall notify in a timely manner the parents of each student attending the school:</text> <paragraph num="(a)"> <text>That the State has identified the school as persistently dangerous; and</text> </paragraph> <paragraph num="(b)"> <text>Of the opportunity for school transfer as set forth in Regulation .20A(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a school has been designated a persistently dangerous school, the school shall retain that designation for at least 1 full school year.</text> </paragraph> <paragraph num="(4)"> <text>Each year that a school remains identified as persistently dangerous, the local school superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State that the status of the school as persistently dangerous has not changed.</text> </paragraph> <paragraph num="(5)"> <text>The State Board of Education shall remove a school's designation as a persistently dangerous school if the school no longer meets the requirements set forth in Regulation .18B(4) of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Unsafe School Transfer Policy."> <paragraph num="A."> <text>Each local school system shall allow a student attending a public elementary or secondary school to attend a safe public elementary or secondary school within the school system if the student:</text> <paragraph num="(1)"> <text>Attends a persistently dangerous public elementary or secondary school; or</text> </paragraph> <paragraph num="(2)"> <text>Is a victim of a violent criminal offense as defined in Criminal Law Article, §14-101, Annotated Code of Maryland:</text> <paragraph num="(a)"> <text>During the regular school day; or</text> </paragraph> <paragraph num="(b)"> <text>While attending a school sponsored event in or on the grounds of a public elementary or secondary school that the student attends.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The local school system shall effectuate a transfer pursuant to §A of this regulation in a timely manner following either the:</text> <paragraph num="(1)"> <text>Designation of a school as persistently dangerous; or</text> </paragraph> <paragraph num="(2)"> <text>Conviction of or adjudication of delinquency of the perpetrator of a violent criminal offense.</text> </paragraph> </paragraph> <paragraph num="C."> <text>To the extent possible, the local school system shall allow a student to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action, or restructuring.</text> </paragraph> <paragraph num="D."> <text>Each local superintendent of schools shall certify annually in writing to the State Superintendent of Schools that Regulations .18—.20 of this chapter are implemented.</text> </paragraph> <paragraph num="E."> <text>The State Department of Education shall:</text> <paragraph num="(1)"> <text>Maintain a list of schools determined to be persistently dangerous; and</text> </paragraph> <paragraph num="(2)"> <text>Revise the list annually.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Reducing and Eliminating Disproportionate/Discrepant Impact."> <paragraph num="A."> <text>The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.</text> </paragraph> <paragraph num="B."> <text>The Department may use the discrepancy model to assess the impact of discipline on special education students.</text> </paragraph> <paragraph num="C."> <text>If the Department identifies a school’s discipline process as having a disproportionate impact on minority students or a discrepant impact on special education students, the local school system shall prepare and present to the State Board a plan to reduce the impact within 1 year and eliminate it within 3 years.</text> </paragraph> <paragraph num="D."> <text>The local school system will report its progress annually to the State Board.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">: Education Article, §§ 2-205, 7-101, 7-101. 1, 7-301, 7-301. 1, 7-303— 7-305, 7-305. 1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 26, 1967</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective May 25, 1977 (4:11 Md. R. 868)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 22, 1980 (7:17 Md. R. 1673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective November 4, 1977 (4:23 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F amended effective December 1, 1986 (13:24 Md. R. 2561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective December 1, 1986 (13:24 Md. R. 2561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 1, 1975 (2:22 Md. R. 1372)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F adopted effective December 31, 1984 (11:26 Md. R. 2280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective December 2, 1985 (12:24 Md. R. 2351)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 1, 1987 (14:9 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 1, 1990 (16:20 Md. R. 2182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 22, 1992 (19:12 Md. R. 1135); October 2, 2000 (27:19 Md. R. 1726); January 20, 2003 (30:1 Md. R. 26); July 4, 2005 (32:13 Md. R. 1116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 20, 2023 (50:5 Md. R. 182)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective August 11, 2008 (35:16 Md. R. 1391)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective September 12, 1994 (21:18 Md. R. 1512); October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E amended effective September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulations .02, .02-1—.02-4 adopted effective June 22, 1992 (19:12 Md. R. 1135)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective June 24, 2002 (29:12 Md. R. 929)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 31, 2006 (32:13 Md. R. 1116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective March 3, 2003 (30:4 Md. R. 317)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 31, 1999 (26:11 Md. R. 856)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-2A amended effective June 7, 1993 (20:11 Md. R. 915)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-2C amended effective July 4, 2005 (32:13 Md. R. 1116)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02-3 and .02-4 repealed effective June 26, 2000 (27:12 Md. R. 1141)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-3 adopted effective October 30, 2000 (27:21 Md. R. 1976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-3 amended as an emergency provision effective August 26, 2016 (43:19 Md. R. 1070); amended permanently effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-3 repealed and new Regulation .02-3 adopted effective July 22, 2024 (51:14 Md. R. 678)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 20, 2003 (30:1 Md. R. 26); July 24, 2023 (50:14 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective May 25, 2026 (53:10 Md. R. 455)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed effective September 24, 2018 (45:19 Md. R. 865)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed and new Regulation .08 adopted effective October 15, 1990 (17:20 Md. R. 2430)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, D amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective September 2, 1991 (18:17 Md. R. 1920); September 12, 1994 (21:18 Md. R. 1512); March 24, 1997 (24:6 Md. R. 486); February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B, C amended effective October 5, 2009 (36:20 Md. R. 1531); September 24, 2018 (45:19 Md. R. 865)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11H adopted effective September 24, 2018 (45:19 Md. R. 865)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F adopted effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12-1 adopted effective March 11, 1996 (23:5 Md. R. 380)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12-1 amended effective January 6, 2005 (31:26 Md. R. 1864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12-1C amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14E amended effective March 24, 1997 (24:6 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14F adopted effective March 24, 1997 (24:6 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed and new Regulation .14 adopted effective March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C adopted effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 adopted effective March 11, 1996 (23:5 Md. R. 380)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective January 9, 2012 (38:27 Md. R. 1765); August 19, 2024 (51:16 Md. R. 743)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17A, C amended effective January 20, 2003 (30:1 Md. R. 26); March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17F amended effective March 3, 2025 (52:4 March 3, 2025)</annotation> <annotation type="History" subtype="Administrative History">Regulations .18— .20 adopted effective July 21, 2003 (30:14 Md. R. 937)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 adopted effective February 17, 2014 (41:3 Md. R. 202)</annotation> </annotations> </chapter> <chapter num="02" heading="Student Records"> <regulation prefix="Regulation" num=".01" heading="Incorporation by Reference."> <text>A system of information on enrollment, attendance, and promotion of students shall be maintained in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>The provisions of this chapter are intended to preserve the right of students and parents or guardians to:</text> <paragraph num="A."> <text>Have full access to all official records about the student which are maintained by an educational institution or local school system;</text> </paragraph> <paragraph num="B."> <text>Have removed from those records any information about the student which is determined to be inaccurate or misleading;</text> </paragraph> <paragraph num="C."> <text>Enjoy confidentiality and privacy in regard to the disclosure of information contained in those records to outside agencies; and</text> </paragraph> <paragraph num="D."> <text>Provide for efficient student records management.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as §444 of the General Education Provisions Act, 20 U.S.C. §1232g.</text> </paragraph> <paragraph num="(2)"> <text>“Directory information” means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed and may include the following information relating to a student:</text> <paragraph num="(a)"> <text>The student's name;</text> </paragraph> <paragraph num="(b)"> <text>Address;</text> </paragraph> <paragraph num="(c)"> <text>Telephone listing;</text> </paragraph> <paragraph num="(d)"> <text>Electronic mail address;</text> </paragraph> <paragraph num="(e)"> <text>Photograph;</text> </paragraph> <paragraph num="(f)"> <text>Grade level;</text> </paragraph> <paragraph num="(g)"> <text>Enrollment status, for example, undergraduate or graduate, full-time or part-time;</text> </paragraph> <paragraph num="(h)"> <text>Date and place of birth;</text> </paragraph> <paragraph num="(i)"> <text>Major field of study;</text> </paragraph> <paragraph num="(j)"> <text>Participation in officially recognized activities and sports;</text> </paragraph> <paragraph num="(k)"> <text>Weight and height of members of athletic teams;</text> </paragraph> <paragraph num="(l)"> <text>Dates of attendance;</text> </paragraph> <paragraph num="(m)"> <text>Degrees and awards received;</text> </paragraph> <paragraph num="(n)"> <text>The most recent educational agency or institution attended by the student; and</text> </paragraph> <paragraph num="(o)"> <text>Other similar information, as defined by the local school system.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Disclosure” means permitting access to, or the release, transfer, or other communication of, personally identifiable information contained in student records to any party, by any means, including oral, written, or electronic means.</text> </paragraph> <paragraph num="(4)"> <text>“Educational institution” means an individual public school which is regulated by the State Board of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Eligible student” means a student who is 18 years old or older or is attending an institution of postsecondary education.</text> </paragraph> <paragraph num="(6)"> <text>“Financial aid” means a payment of funds provided to an individual, or a payment in kind of tangible or intangible property to the individual, which is conditioned on the individual's attendance at a local school system or educational institution.</text> </paragraph> <paragraph num="(7)"> <text>“Institution of postsecondary education” means an institution which provides education to students beyond the secondary school level.</text> </paragraph> <paragraph num="(8)"> <text>“Local school system” means any of the 24 local public school systems in the State.</text> </paragraph> <paragraph num="(9)"> <text>“Organization” includes, but is not limited to, federal, State, and local agencies and independent organizations.</text> </paragraph> <paragraph num="(10)"> <text>Parent.</text> <paragraph num="(a)"> <text>“Parent” means a parent of a student.</text> </paragraph> <paragraph num="(b)"> <text>“Parent” includes:</text> <paragraph num="(i)"> <text>A natural parent;</text> </paragraph> <paragraph num="(ii)"> <text>A guardian; or</text> </paragraph> <paragraph num="(iii)"> <text>An individual acting as a parent in the absence of a parent or guardian.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Parental consent” means the written permission given by a parent or guardian for the purpose of permitting disclosure of student records.</text> </paragraph> <paragraph num="(12)"> <text>“Party” means an</text> <paragraph num="(a)"> <text>Individual;</text> </paragraph> <paragraph num="(b)"> <text>Agency;</text> </paragraph> <paragraph num="(c)"> <text>Institution; or</text> </paragraph> <paragraph num="(d)"> <text>Organization.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Personally identifiable” means that the data or information includes:</text> <paragraph num="(a)"> <text>The name of a student;</text> </paragraph> <paragraph num="(b)"> <text>The student's parent, guardian, or other family member;</text> </paragraph> <paragraph num="(c)"> <text>The address of the student;</text> </paragraph> <paragraph num="(d)"> <text>A personal identifier; such as the student's Social Security number or student number;</text> </paragraph> <paragraph num="(e)"> <text>A list of personal characteristics which would make it possible to identify the student with reasonable certainty; or</text> </paragraph> <paragraph num="(f)"> <text>Other information which would make it possible to identify the student with reasonable certainty.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Recommendation” means descriptive narrative student information associated with a statement regarding postsecondary education, training, or occupational placement, and any responses to ratings, questions, or other items contained on applications for the purpose of this placement.</text> </paragraph> <paragraph num="(15)"> <text>“Secondary school level” means the educational level, not beyond grade 12, where secondary education is provided, as determined under State law.</text> </paragraph> <paragraph num="(16)"> <text>Student.</text> <paragraph num="(a)"> <text>“Student” means an individual who is attending or has attended an educational institution that maintains the student's records or personally identifiable information.</text> </paragraph> <paragraph num="(b)"> <text>“Student” does not include an individual who has not been in attendance at the institution.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Student records” has the meaning stated in §C of this regulation.</text> </paragraph> <paragraph num="(18)"> <text>“Treatment,” for the purpose of §C(3)(d)(iii) of this regulation, does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Student Records.</text> <paragraph num="(1)"> <text>“Student records” means those records that are:</text> <paragraph num="(a)"> <text>Directly related to a student; and</text> </paragraph> <paragraph num="(b)"> <text>Maintained by an educational agency or institution or by a party acting for the agency or institution.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Student records” includes, but is not limited to:</text> <paragraph num="(a)"> <text>Records concerning disciplinary actions taken against students; and</text> </paragraph> <paragraph num="(b)"> <text>Records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student and not excepted under §C(3)(c) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Student records” does not include:</text> <paragraph num="(a)"> <text>Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;</text> </paragraph> <paragraph num="(b)"> <text>Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;</text> </paragraph> <paragraph num="(c)"> <text>Records relating to an individual who is employed by an educational agency or institution that:</text> <paragraph num="(i)"> <text>Are made and maintained in the normal course of business,</text> </paragraph> <paragraph num="(ii)"> <text>Relate exclusively to the individual in that individual's capacity as an employee, and</text> </paragraph> <paragraph num="(iii)"> <text>Are not available for use for any other purpose;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Records on a student who is 18 years old or older, or is attending an institution of postsecondary education, that are:</text> <paragraph num="(i)"> <text>Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's professional capacity or assisting in a paraprofessional capacity,</text> </paragraph> <paragraph num="(ii)"> <text>Made, maintained, or used only in connection with treatment of the student, and</text> </paragraph> <paragraph num="(iii)"> <text>Disclosed only to individuals providing the treatment; or</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Records that only contain information about an individual after the individual is no longer a student at that agency or institution.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="General Provisions."> <paragraph num="A."> <text>Procedures for Administration. Records shall be kept for individual students in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual.</text> </paragraph> <paragraph num="B."> <text>Confidentiality. Individual student records maintained by teachers or other school personnel under the provisions of this title are to be confidential in nature, and access to these records may be granted only for the purpose of serving legitimate and recognized educational ends. Individual student records, with the exception of records that are designated as permanent, and with other exceptions provided by law, shall be destroyed when they are no longer able to serve legitimate and recognized educational ends.</text> </paragraph> <paragraph num="C."> <text>Access of Records. Records of a student maintained under the provisions of this title, including confidential records, shall be available to that student's parent or parents (noncustodial—see Regulation .30 of this chapter) or legal guardians in conference with appropriate school personnel. For purposes of this regulation, the term “records” does not include an education department employee's personal notes which are not made available to any other person.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Record Keeping."> <text>Student records which are maintained by the public schools of Maryland shall be administered in accordance with the provisions set forth in this chapter. This chapter does not preclude the use of student records with any student by local school system or educational institution staff for guidance or other educational purposes.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Retention, Disposition, and Destruction of Student Records."> <paragraph num="A."> <text>Guidelines and standards for the retention and disposition of student records maintained under this title shall be those adopted in the Maryland Student Records System Manual.</text> </paragraph> <paragraph num="B."> <text>Individual student records not required or specifically regulated by other State or local regulations shall be destroyed when they no longer serve legitimate education purposes, subject to the following exceptions:</text> <paragraph num="(1)"> <text>The local school system or educational institution may not destroy any student record if there is an outstanding request to inspect and review them under Regulation .13 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Explanations placed in the education record under Regulation .15 of this chapter shall be maintained as provided in Regulation .15D of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>The record of access required under Regulation .20 of this chapter shall be maintained for as long as the education record to which it pertains is maintained.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Review and Updating."> <paragraph num="A."> <text>To ensure that student records maintained under this title are relevant and accurate, a local school system and educational institution regulated by the State Board of Education shall provide for review and updating of student records.</text> </paragraph> <paragraph num="B."> <text>Changes in identifying information, results of individual and group standardized tests, and health data shall be made within a reasonable time after these changes occur during the school year.</text> </paragraph> <paragraph num="C."> <text>Review of student records shall occur at least under the following conditions:</text> <paragraph num="(1)"> <text>When a student transfers to the next higher organizational unit, such as from elementary to middle school level;</text> </paragraph> <paragraph num="(2)"> <text>When a student graduates from high school; and</text> </paragraph> <paragraph num="(3)"> <text>When a student withdraws for any other reason.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each principal of an educational institution shall certify annually in writing to the local superintendent the accuracy of student data maintained in the student records at the educational institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Students' Rights."> <paragraph num="A."> <text>For purposes of this regulation, if a student is 18 years old or older, the rights accorded to and the consent required of the parent or guardian of the student shall thereafter only be accorded to and required of the eligible student.</text> </paragraph> <paragraph num="B."> <text>The status of an eligible student as a dependent of the student's parent or guardian does not otherwise affect the rights accorded to and the consent required of the eligible student.</text> </paragraph> <paragraph num="C."> <text>This regulation does not preclude a local school system or educational institution from according to students rights in addition to those accorded to parents or guardians of students.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Content of Records."> <text>Minimal content of student records is prescribed in the Maryland Student Records System Manual. An educational institution or local school system shall administer the minimally prescribed student data in accordance with the current Maryland Student Records System Manual and other State Department of Education regulations pertaining to student records.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Annual Notification of Rights."> <paragraph num="A."> <text>Each local school system or educational institution shall give parents or guardians of students in attendance or eligible students in attendance at the local school system or educational institution annual notice by such means as are reasonably likely to inform them of their right to:</text> <paragraph num="(1)"> <text>Inspect and review the student's records;</text> </paragraph> <paragraph num="(2)"> <text>Seek amendment of the student's records that the parent, guardian, or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;</text> </paragraph> <paragraph num="(3)"> <text>Consent to disclosures of personally identifiable information contained in the student records, except to the extent that the Act and Regulation .19 of this chapter authorize disclosure without consent; and</text> </paragraph> <paragraph num="(4)"> <text>File complaints with the United States Department of Education concerning alleged failures by the local school system or educational institution to comply with the requirements of the Act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The notice shall include all of the following:</text> <paragraph num="(1)"> <text>The procedure for exercising the right to inspect and review student records;</text> </paragraph> <paragraph num="(2)"> <text>The procedure for requesting amendment of student records; and</text> </paragraph> <paragraph num="(3)"> <text>If the local school system or educational institution has a policy of disclosing student records under Regulation .19A(1) of this chapter, a specification of criteria for determining who constitutes a school official, including a designated law enforcement official, and what constitutes a legitimate educational interest.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A local school system or educational institution of elementary and secondary education shall provide a means to effectively notify:</text> <paragraph num="(1)"> <text>Disabled parents or guardians of students or eligible students; or</text> </paragraph> <paragraph num="(2)"> <text>Parents or guardians of students or eligible students identified as having a primary or home language other than English.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Fees for Copies of Student Records."> <paragraph num="A."> <text>A local school system or educational institution may charge a fee for copies of student records which are made for the parents or guardians of students, students, and eligible students under this chapter, if the fee does not effectively prevent the parents or guardians and students from exercising their right to inspect and review those records.</text> </paragraph> <paragraph num="B."> <text>A local school system or educational institution may not charge a fee to search for or to retrieve the student records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Waivers."> <paragraph num="A."> <text>Subject to the limitations in this regulation, a parent or guardian of a student or an eligible student may waive any of his or her rights under §438 of the Act or this chapter. A waiver may not be valid unless in writing and signed by the parent, guardian, or eligible student, as appropriate.</text> </paragraph> <paragraph num="B."> <text>A local school system or educational institution may not require that a parent or guardian of a student, or an eligible student, waive his or her rights under this regulation. This section does not preclude a local school system or educational institution from requesting a waiver.</text> </paragraph> <paragraph num="C."> <text>An individual who is an applicant for admission to an institution of postsecondary education or employment may waive the individual's right to inspect and review confidential letters and confidential statements of recommendation respecting admission to an educational institution, application for employment, or the receipt of an honorary recognition.</text> </paragraph> <paragraph num="D."> <text>A waiver under §C of this regulation may apply to confidential letters and statements only if:</text> <paragraph num="(1)"> <text>The applicant is, upon request, notified of the names of all individuals providing the letters or statements;</text> </paragraph> <paragraph num="(2)"> <text>The letters or statements are used only for the purpose for which they were originally intended; and</text> </paragraph> <paragraph num="(3)"> <text>This waiver is not required by the local school system or educational institution as a condition of admission, employment, or granting of an honor or receipt of any other service or benefit from the local school system or educational institution.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A waiver under §C of this regulation shall be executed by the individual, regardless of age, rather than by the parent or guardian of the individual.</text> </paragraph> <paragraph num="F."> <text>A waiver under this regulation may be made with respect to specified classes of student records, and persons or institutions.</text> </paragraph> <paragraph num="G."> <text>Revocation of Waiver.</text> <paragraph num="(1)"> <text>A waiver under this regulation may be revoked with respect to any actions occurring after the revocation.</text> </paragraph> <paragraph num="(2)"> <text>A revocation under this regulation shall be in writing.</text> </paragraph> <paragraph num="(3)"> <text>If a parent or guardian of a student executes a waiver under this regulation, that waiver may be revoked by the student at any time after the student becomes an eligible student.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Right to Review and Inspect Educational Records."> <paragraph num="A."> <text>Except as limited under Regulation .12 of this chapter, a parent, guardian, or eligible student shall be given the opportunity to inspect and review the student records. This applies to:</text> <paragraph num="(1)"> <text>Any local school system or educational institution; and</text> </paragraph> <paragraph num="(2)"> <text>A State educational agency and its components.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local school system or educational agency or institution shall comply with a request for access to student records not more than 45 calendar days after the request has been made. For purposes of this section, a State educational agency and its components:</text> <paragraph num="(1)"> <text>Constitute an educational agency or institution; and</text> </paragraph> <paragraph num="(2)"> <text>Are subject to this section if the State educational agency maintains student records on students who are or have been in attendance at any school of a local school system, an educational agency, or educational institution subject to the Act and this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The local school system or educational institution shall respond to reasonable requests for explanations and interpretations of the student records.</text> </paragraph> <paragraph num="D."> <text>If circumstances effectively prevent the parent, guardian, or eligible student from exercising the right to inspect and review the student records, the local school system or educational institution, or State educational agency or its component, shall:</text> <paragraph num="(1)"> <text>Provide the parent, guardian, or eligible student with a copy of the student records requested; or</text> </paragraph> <paragraph num="(2)"> <text>Make other arrangements for the parent, guardian, or eligible student to inspect and review the requested student records.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Request to Amend Student Records."> <paragraph num="A."> <text>The parent or guardian of a student or an eligible student, who believes that information contained in the student records is inaccurate or misleading or violates the privacy rights of the student, may request that the local school system or educational institution which maintains the records amend them.</text> </paragraph> <paragraph num="B."> <text>The local school system or educational institution shall decide whether to amend the student records in accordance with the request within a reasonable period of time of receipt of the request.</text> </paragraph> <paragraph num="C."> <text>If the local school system or educational institution decides to refuse to amend the student records in accordance with the request, it shall so inform the parent or guardian of the student or the eligible student of the refusal, and advise the parent, guardian, or the eligible student of the right to a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Right to a Hearing."> <paragraph num="A."> <text>A local school system or educational institution shall, on request, provide an opportunity for a hearing in order to challenge the content of a student's student records to ensure that information in the student records is not inaccurate, misleading, or otherwise in violation of the privacy rights of students. The hearing shall be conducted in accordance with Regulation .16 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If, as a result of the hearing, the local school system or educational institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the student records accordingly and so inform the parent or guardian of the student or the eligible student in writing.</text> </paragraph> <paragraph num="C."> <text>If, as a result of the hearing, the local school system or educational institution decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent, guardian, or eligible student of the right to place in the student records a statement commenting upon the information in the student records setting forth any reasons for disagreeing with the decision of the system or institution, or both.</text> </paragraph> <paragraph num="D."> <text>An explanation placed in the student records under §C of this regulation shall be maintained by the local school system or educational institution as part of the student records as long as the records or contested portion of the records are maintained by the system or institution. If the student records or the contested portion of the records are disclosed by the local school system or educational institution to any party, the explanation shall also be disclosed to that party.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Conduct of the Hearing."> <paragraph num="A."> <text>The hearing required to be held by Regulation .15 of this chapter shall be conducted according to procedures which shall include at least the following elements:</text> <paragraph num="(1)"> <text>The hearing shall be held within a reasonable period of time after the local school system or educational institution has received the request, and the parent or guardian of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing;</text> </paragraph> <paragraph num="(2)"> <text>The hearing may be conducted by any party, including an official of the local school system or educational institution, who does not have a direct interest in the outcome of the hearing;</text> </paragraph> <paragraph num="(3)"> <text>The parent or guardian of the student or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this chapter, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney;</text> </paragraph> <paragraph num="(4)"> <text>The local school system or educational institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and</text> </paragraph> <paragraph num="(5)"> <text>The decision of the local school system or educational institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the decision rendered by the local school administrator is not acceptable to the parent, guardian, or eligible student, appeal can be made according to local procedures.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Appeal Procedures."> <text>The appeal procedure is processed at the local school system.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Prior Consent for Disclosure Required."> <paragraph num="A."> <text>The parent or guardian of a student or the eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student records, other than directory information, except as provided in Regulation .19 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Whenever written consent is required, a local school system or educational institution may presume that the parent or guardian of the student or the eligible student giving consent has the authority to do so unless the system or institution has been provided with evidence that there is a legally binding instrument or a State law or court order governing such matters as divorce, separation, or custody, which provides to the contrary.</text> </paragraph> <paragraph num="C."> <text>The written consent required by §A of this regulation shall be signed and dated by the parent or guardian of the student or the eligible student giving the consent, and shall include:</text> <paragraph num="(1)"> <text>A specification of the records to be disclosed;</text> </paragraph> <paragraph num="(2)"> <text>The purpose or purposes of the disclosure; and</text> </paragraph> <paragraph num="(3)"> <text>The party or class of parties to whom the disclosure may be made.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The local school system may develop a wide range content statement for the release of all data.</text> </paragraph> <paragraph num="E."> <text>When a disclosure is made pursuant to §A of this regulation, the local school system or educational institution shall, upon request, provide a copy of the record which is disclosed to the parent or guardian of the student or the eligible student, and to the student who is not an eligible student, if so requested by the student's parent or guardian.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Prior Consent for Disclosure Not Required."> <paragraph num="A."> <text>A local school system or educational institution may disclose personally identifiable information from the student records without the written consent of the parent or guardian of the student or the eligible student, if the disclosure is:</text> <paragraph num="(1)"> <text>To other school officials, including teachers within the educational institution or local school system, who have been determined by the system or institution to have legitimate educational interests;</text> </paragraph> <paragraph num="(2)"> <text>To officials of another school or school system in which the student seeks or intends to enroll, subject to the requirements set forth in Regulation .22 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Subject to conditions set forth in Regulation .23 of this chapter, to authorized representatives of:</text> <paragraph num="(a)"> <text>The Comptroller General of the United States,</text> </paragraph> <paragraph num="(b)"> <text>The Secretary,</text> </paragraph> <paragraph num="(c)"> <text>The Director of the National Institute of Education, or the Assistant Secretary for Education, or</text> </paragraph> <paragraph num="(d)"> <text>State and local educational authorities;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In connection with financial aid for which a student has applied or which a student has received, if personally identifiable information from the student records may be disclosed only as may be necessary for purposes such as to:</text> <paragraph num="(a)"> <text>Determine the eligibility of the student for financial aid,</text> </paragraph> <paragraph num="(b)"> <text>Determine the amount of financial aid,</text> </paragraph> <paragraph num="(c)"> <text>Determine the conditions which will be imposed regarding the financial aid, or</text> </paragraph> <paragraph num="(d)"> <text>Enforce the terms or conditions of the financial aid;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed pursuant to State statute adopted:</text> <paragraph num="(a)"> <text>Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released, or</text> </paragraph> <paragraph num="(b)"> <text>After November 19, 1974, subject to the requirement of Regulation .26 of this chapter;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>To organizations conducting studies for, or on behalf of a local school system or educational institution for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the:</text> <paragraph num="(a)"> <text>Studies are conducted in a manner which will not permit the personal identification of students and their parents or guardians by individuals other than representatives of the organization, and</text> </paragraph> <paragraph num="(b)"> <text>Information will be destroyed when no longer needed for the purposes for which the study was conducted;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>To accrediting organizations in order to carry out their accrediting functions;</text> </paragraph> <paragraph num="(8)"> <text>To parents or guardians of a dependent student, as defined in §152 of the Internal Revenue Code of 1954;</text> </paragraph> <paragraph num="(9)"> <text>To comply with a judicial order or lawfully issued subpoena if the local school system or educational institution makes a reasonable effort (for example, telephone call and have it witnessed, telegram, registered letter, etc.) to notify the parent or guardian of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent, guardian, or eligible student may seek protective action, unless the disclosure is in compliance with:</text> <paragraph num="(a)"> <text>A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or</text> </paragraph> <paragraph num="(b)"> <text>Any other lawfully issued subpoena has ordered that the existence of the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>To the court when the local school system or institution initiates legal action against a parent or student, if the local school system or educational institution makes a reasonable effort to notify the parent or eligible student so that the parent or eligible student may seek protective action; or</text> </paragraph> <paragraph num="(11)"> <text>To appropriate parties in a health or safety emergency subject to the conditions set forth in Regulation .24 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a third party fails to destroy information, in violation of §A(6) of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.</text> </paragraph> <paragraph num="C."> <text>This regulation does not require or preclude disclosure of any personally identifiable information from the educational records of a student by a local school system or educational institution to the parties set forth in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Record of Disclosure Required To Be Maintained."> <paragraph num="A."> <text>For each request for and each disclosure of personally identifiable information from the student records, a local school system or educational institution shall maintain a record, kept with the student records, which indicates:</text> <paragraph num="(1)"> <text>The parties who have requested or obtained personally identifiable information from the student records; and</text> </paragraph> <paragraph num="(2)"> <text>The legitimate interests these parties had in requesting or obtaining the information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Section A of this regulation does not apply to disclosures:</text> <paragraph num="(1)"> <text>To a parent or guardian or an eligible student;</text> </paragraph> <paragraph num="(2)"> <text>Pursuant to the written consent of a parent or guardian of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made;</text> </paragraph> <paragraph num="(3)"> <text>To school officials under Regulation .19 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Of directory information under Regulation .25 of this chapter; and</text> </paragraph> <paragraph num="(5)"> <text>To a party seeking or receiving the records as directed by a federal grand jury or other lawfully issued subpoena and the issuing court or other issuing agency has ordered that the existence or the content of the subpoena or the information furnished in response to the subpoena not be disclosed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The record of disclosures may be inspected:</text> <paragraph num="(1)"> <text>By the parent or guardian of the student or the eligible student;</text> </paragraph> <paragraph num="(2)"> <text>By the school official and the official's assistants who are responsible for the custody of the records; and</text> </paragraph> <paragraph num="(3)"> <text>For the purpose of auditing the record-keeping procedures of the local school system or educational institution, by the parties authorized in, and under the conditions set forth in, Regulation .19 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Limitations on Redisclosure."> <paragraph num="A."> <text>A local school system or educational institution may disclose personally identifiable information from the student records only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent or guardian of the student or the eligible student, except that the personally identifiable information which is disclosed to an institution, school system, or organization may be used by its officers, employees, and agents, but only for the purposes for which the disclosure was made.</text> </paragraph> <paragraph num="B."> <text>Section A of this regulation does not preclude a local school system or educational institution from disclosing personally identifiable information under Regulation .19 of this chapter, with the understanding that the information will be redisclosed to other parties under this regulation, if the record-keeping requirements of Regulation .20 of this chapter are met with respect to each of those parties.</text> </paragraph> <paragraph num="C."> <text>Section A of this regulation does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas under Regulation .19A(9) of this chapter, or to disclosures of directory information under Regulation .25 of this chapter.</text> </paragraph> <paragraph num="D."> <text>Except for the disclosure of directory information under Regulation .25 of this chapter, or disclosure made pursuant to court orders or subpoenas under Regulation .19A(9) of this chapter, a local school system or educational institution shall inform the party to whom a disclosure is made of the requirement set forth in §A of this regulation.</text> </paragraph> <paragraph num="E."> <text>If a third party improperly rediscloses personally identifiable information from student records in violation of §A of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Conditions for Disclosure to Officials of Other Schools and School Systems."> <paragraph num="A."> <text>A local school system or educational institution transferring the student records pursuant to Regulation .19A(2) of this chapter shall:</text> <paragraph num="(1)"> <text>Make a reasonable attempt to notify the parent or guardian of the student or the eligible student of the transfer of the records at the last known address of the parent, guardian, or eligible student, except:</text> <paragraph num="(a)"> <text>When the transfer of the records is initiated by the parent, guardian, or eligible student at the sending local school system or educational institution, or</text> </paragraph> <paragraph num="(b)"> <text>When the annual notification of the local school system or educational institution, formulated under Regulation .10 of this chapter, includes a notice that it forwards student records on request to a school in which a student seeks or intends to enroll;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide the parent or guardian of the student or the eligible student, upon request, with a copy of the student records which have been transferred; and</text> </paragraph> <paragraph num="(3)"> <text>Provide the parent or guardian of the student or the eligible student, upon request, with an opportunity for a hearing under Regulations .15—.17 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a student is enrolled in more than one school, or receives services from more than one school, the schools may disclose information from the student records to each other without obtaining the written consent of the parent or guardian of the student or the eligible student, if the disclosure meets the requirements of §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Disclosure to Certain Federal and State Officials for Federal Program Purposes."> <paragraph num="A."> <text>This chapter does not preclude authorized representatives or officials listed in Regulation .19A(3) of this chapter from having access to student and other records which may be necessary in connection with the audit and evaluation of federal or State-supported education programs, or in connection with the enforcement of or compliance with the federal legal requirements which relate to these programs.</text> </paragraph> <paragraph num="B."> <text>Except when the consent of the parent or guardian of a student or an eligible student has been obtained under Regulation .18 of this chapter, or when the collection of personally identifiable information is specifically authorized by federal law, any data collected by officials listed in Regulation .19A(3) of this chapter shall be protected in a manner which will not permit the personal identification of students and their parents or guardians by other than those officials. Personally identifiable data shall be destroyed when no longer needed for an audit, evaluation, or enforcement of or compliance with federal legal requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Conditions for Disclosure in Health and Safety Emergencies."> <paragraph num="A."> <text>A local school system or educational institution may disclose personally identifiable information from the student records to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.</text> </paragraph> <paragraph num="B."> <text>The factors to be taken into account in determining whether personally identifiable information from the student records may be disclosed under this regulation include the following:</text> <paragraph num="(1)"> <text>The seriousness of the threat to the health or safety of the student or other individuals;</text> </paragraph> <paragraph num="(2)"> <text>The need for the information to meet the emergency;</text> </paragraph> <paragraph num="(3)"> <text>Whether the parties to whom the information is disclosed are in a position to deal with the emergency; and</text> </paragraph> <paragraph num="(4)"> <text>The extent to which time is of the essence in dealing with the emergency.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Section A of this regulation shall be strictly construed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Conditions for Disclosure of Directory Information."> <paragraph num="A."> <text>A local school system or educational institution may disclose personally identifiable information from the student records of a student who is in attendance at the institution or system if that information has been designated as directory information under §C of this regulation.</text> </paragraph> <paragraph num="B."> <text>A local school system or educational institution may disclose directory information from the student records of an individual who is no longer in attendance at the system or institution without following the procedures under §C of this regulation.</text> </paragraph> <paragraph num="C."> <text>A local school system or educational institution which wishes to designate directory information shall give public notice of the following:</text> <paragraph num="(1)"> <text>The categories of personally identifiable information which the institution has designated as directory information;</text> </paragraph> <paragraph num="(2)"> <text>The right of the parent or guardian of the student or the eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information; and</text> </paragraph> <paragraph num="(3)"> <text>The period of time within which the parent or guardian of the student or the eligible student must inform the local school system or educational institution, in writing, that this personally identifiable information is not to be designated as directory information with respect to that student.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Conditions for Disclosure of Information Concerning Juvenile Services System."> <paragraph num="A."> <text>If reporting or disclosure allowed by State statute adopted after November 19, 1974, concerns the juvenile justice system and the system's ability to effectively serve, before adjudication, the student whose records are released, a local school system or educational institution may disclose student records under Regulation .19A(5)(b) of this chapter.</text> </paragraph> <paragraph num="B."> <text>The officials and authorities to whom the records are disclosed shall certify in writing to the local school system or educational institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent or eligible student.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Local Records Policies Requirement."> <text>A local school system and educational institution shall develop policies regarding the management of student records in accordance with this chapter.</text> </regulation> <regulation prefix="Regulation" num=".28" heading="Education and Health Records."> <text>A system of information shall be maintained on students in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual.</text> </regulation> <regulation prefix="Regulation" num=".29" heading="Rights of Parents to Examine Records."> <paragraph num="A."> <text>This chapter does not affect the rights of parents or guardians to examine students' records pursuant to COMAR 13A.05.01.</text> </paragraph> <paragraph num="B."> <text>A local school system or educational institution may presume that either parent or legal guardian of the student has authority to inspect and review the student records unless the local school system or educational institution has been provided with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".30" heading="Rights of Noncustodial Parents."> <paragraph num="A."> <text>If the parents are separated, divorced, or otherwise living apart, the local school system shall permit both the custodial and noncustodial parent to inspect and review the student records in accordance with Regulation .13 of this chapter except as otherwise provided in §F of this regulation.</text> </paragraph> <paragraph num="B."> <text>If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the local school system shall provide the noncustodial parent copies of the information except as otherwise provided in §F of this regulation.</text> </paragraph> <paragraph num="C."> <text>For purposes of this regulation, “school-related information provided to a custodial parent” means:</text> <paragraph num="(1)"> <text>Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on student and parent rights and responsibilities, school newsletters, school calendars, and notices of parent conferences, open houses, and plays; and</text> </paragraph> <paragraph num="(2)"> <text>Those student records which are provided to the custodial parent such as report cards, disciplinary notices, and special education notices.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The local school system may require a noncustodial parent, who requests to be provided with copies of school-related information provided to the custodial parent, to:</text> <paragraph num="(1)"> <text>Pay a reasonable fee at the beginning of the school year for copying and mailing the documents; or</text> </paragraph> <paragraph num="(2)"> <text>Sign an agreement to reimburse the local school system at the end of the school year for the costs of copying and mailing the documents.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The local school system shall waive any fees under §D of this regulation if the noncustodial parent files a notarized statement that the parent is unable to pay the fees.</text> </paragraph> <paragraph num="F."> <text>If the custodial parent provides the local school system with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student's student records or other school-related information, the local school system may not disclose the student records or the school-related information to the noncustodial parent.</text> </paragraph> <paragraph num="G."> <text>Each local school system shall develop a policy and procedure to implement the requirements of this regulation. Information concerning this regulation shall be included in statements on student and parent rights and responsibilities and shall be disseminated to all custodial and identified noncustodial parents at each local school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".31" heading="Rights and Remedies Under Other Laws."> <text>A parent or guardian may have additional rights and remedies to inspect and obtain copies of student records and other school-related information under State Government Article, §§10-610—10-628, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §2-205(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 2, 1978 (5:11 Md. R. 885)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H amended effective May 2, 1988 (15:9 Md. R. 1111)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C repealed effective May 2, 1988 (15:9 Md. R. 1111)</annotation> <annotation type="History" subtype="Administrative History">Regulations .28 and .29 adopted effective May 2, 1988 (15:9 Md. R. 1111)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 13A.08.02 cited in Hunter et al. v. Board of Education of Montgomery Co. et al., 292 Md. 481 (1981)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective December 1, 1997 (24:24 Md. R. 1671)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07N amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective December 1, 1997 (24:24 Md. R. 1671)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20A amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24A amended effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective December 1, 1997 (24:24 Md. R. 1671)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.31 repealed and new Regulations .01—.31 adopted effective September 7, 1998 (25:18 Md. R. 1436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D adopted effective September 11, 2006 (33:18 Md. R. 1506)</annotation> </annotations> </chapter> <chapter num="03" heading="Discipline of Students with Disabilities"> <regulation prefix="Regulation" num=".01" heading="General."> <text>In addition to the procedures set forth in COMAR 13A.08.01.11, the procedures set forth in this chapter apply to students with disabilities identified in accordance with COMAR 13A.05.01.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means an impartial hearing officer as defined in COMAR 13A.05.01.03B(31).</text> </paragraph> <paragraph num="(2)"> <text>“Business day” has the meaning stated in COMAR 13A.05.01.03B(9).</text> </paragraph> <paragraph num="(3)"> <text>“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.</text> </paragraph> <paragraph num="(4)"> <text>“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.</text> </paragraph> <paragraph num="(5)"> <text>“IEP” means an individualized education program as defined in COMAR 13A.05.01.03B(34) and developed in accordance with COMAR 13A.05.01.</text> </paragraph> <paragraph num="(6)"> <text>“IEP team” has the meaning stated in COMAR 13A.05.01.03B(35).</text> </paragraph> <paragraph num="(7)"> <text>Illegal Drug.</text> <paragraph num="(a)"> <text>“Illegal drug” means a controlled substance.</text> </paragraph> <paragraph num="(b)"> <text>“Illegal drug” does not include:</text> <paragraph num="(i)"> <text>A substance that is legally possessed or used under the supervision of a licensed health-care professional; or</text> </paragraph> <paragraph num="(ii)"> <text>A substance that is legally possessed or used under any other authority under the Controlled Substance Act or any other provision of federal law.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Public agency” has the meaning stated in COMAR 13A.05.01.03B(59).</text> </paragraph> <paragraph num="(9)"> <text>“School day” has the meaning stated in COMAR 13A.05.01.03B(66).</text> </paragraph> <paragraph num="(10)"> <text>“Serious bodily injury” means an injury inflicted on another individual that results in:</text> <paragraph num="(a)"> <text>A substantial risk of death;</text> </paragraph> <paragraph num="(b)"> <text>Extreme physical pain;</text> </paragraph> <paragraph num="(c)"> <text>Protracted and obvious disfigurement; or</text> </paragraph> <paragraph num="(d)"> <text>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).</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Student with a disability” has the meaning stated in COMAR 13A.05.01.03B(78).</text> </paragraph> <paragraph num="(12)"> <text>“Weapon” means a dangerous weapon as defined under §18 U.S.C. 930(g)(2).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Authority of School Personnel — Removal of a Student with a Disability."> <paragraph num="A."> <text>Removal of a Student with a Disability for not More than 10 Consecutive School Days.</text> <paragraph num="(1)"> <text>A student with a disability may be removed from the student's current placement for not more than 10 consecutive school days for any violation of school rules to the same extent that removal is applied to students without disabilities.</text> </paragraph> <paragraph num="(2)"> <text>Unless it is determined that the removal constitutes a change of placement as described in Regulation .05 of this chapter, a student with a disability may be removed:</text> <paragraph num="(a)"> <text>To an alternative educational setting;</text> </paragraph> <paragraph num="(b)"> <text>To another setting; or</text> </paragraph> <paragraph num="(c)"> <text>By suspension.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A public agency is not required to provide services to a student with a disability if services are not provided to students without disabilities.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Removal of a Student with a Disability for More than 10 School Days.</text> <paragraph num="(1)"> <text>A student with a disability may be removed from the student's current placement for up to 10 consecutive school days for each incident of misconduct in a school year if the cumulative effect of the removals does not constitute a change of placement in accordance with Regulation .05 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement as described in Regulation .05 of this chapter is appropriate for a student with a disability who violates a code of student conduct, consistent with 20 U.S.C. §1415(k)(1)(a) and 34 CFR §300.530.</text> </paragraph> <paragraph num="(3)"> <text>For each period of removal after a student with a disability has been removed for the cumulative equivalent of 10 school days in a school year, school personnel shall consult with at least one of the student's teachers to determine what services to provide to enable the student to appropriately:</text> <paragraph num="(a)"> <text>Progress in the general curriculum; and</text> </paragraph> <paragraph num="(b)"> <text>Advance toward achieving the goals of the student's IEP.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A student with a disability may be removed for more than 10 consecutive school days for a violation of school rules to the same extent removal is applied to students without disabilities if the student's IEP teams determines that the behavior subject to the removal is not a manifestation of the student's disability, in accordance with Regulation .08 of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>A student with a disability removed consistent with §B(4) of this regulation shall:</text> <paragraph num="(a)"> <text>Continue to receive educational services in another setting, so as to enable the student to continue to participate in the general education curriculum and progress toward meeting the goals set out in the student's IEP; and</text> </paragraph> <paragraph num="(b)"> <text>Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation to prevent its recurrence.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Parental Notification."> <text>On the date a student with a disability is removed from the student's current placement for a violation of a code of student conduct in accordance with Regulation .03B or .05 of this chapter, school personnel shall:</text> <paragraph num="A."> <text>Notify the parents of the decision; and</text> </paragraph> <paragraph num="B."> <text>Provide the parents with the procedural safeguards notice in accordance with COMAR 13A.05.01.11A.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Change of Placement."> <paragraph num="A."> <text>Removal constitutes a change of placement if a student with a disability is:</text> <paragraph num="(1)"> <text>Removed from the student's current placement for more than 10 consecutive school days; or</text> </paragraph> <paragraph num="(2)"> <text>Subjected to a series of removals that constitutes a pattern of removal that accumulates to more than 10 school days in a school year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To determine if the removal constitutes a pattern of removals, the IEP team shall consider the:</text> <paragraph num="(1)"> <text>Length of each removal;</text> </paragraph> <paragraph num="(2)"> <text>Total amount of time the student is removed; and</text> </paragraph> <paragraph num="(3)"> <text>Proximity of the removals to one another.</text> </paragraph> </paragraph> <paragraph num="C."> <text>During any period of removal beyond 10 school days or its cumulative equivalent, the public agency shall provide services to the extent necessary in accordance with Regulation .03B(3) of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Interim Alternative Educational Setting."> <paragraph num="A."> <text>A public agency may remove a student with a disability for up to 45 school days to an interim alternative educational setting if, while at school, on school premises, or at a school function under the jurisdiction of the State or a public agency, the student:</text> <paragraph num="(1)"> <text>Carries or possesses a weapon;</text> </paragraph> <paragraph num="(2)"> <text>Knowingly possesses or uses an illegal drug;</text> </paragraph> <paragraph num="(3)"> <text>Sells or solicits the sale of a controlled substance; or</text> </paragraph> <paragraph num="(4)"> <text>Inflicts serious bodily injury on another person.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The IEP team shall determine the interim alternative educational setting.</text> </paragraph> <paragraph num="C."> <text>An interim alternative educational setting shall enable the student with a disability to:</text> <paragraph num="(1)"> <text>Progress in the general curriculum;</text> </paragraph> <paragraph num="(2)"> <text>Receive the services and modifications included in the student's IEP;</text> </paragraph> <paragraph num="(3)"> <text>Meet the goals of the student's IEP; and</text> </paragraph> <paragraph num="(4)"> <text>Receive services and modifications designed to address the behavior to prevent its recurrence.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A student with a disability removed from the student's current placement consistent with §A of this regulation shall:</text> <paragraph num="(1)"> <text>Continue to receive educational services in another setting, so as to enable the student to continue to participate in the general education curriculum and progress toward meeting the goals set out in the student's IEP; and</text> </paragraph> <paragraph num="(2)"> <text>Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation to prevent its recurrence.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a public agency believes the behavior of a student with a disability is likely to result in injury to the student or others, a public agency may request a due process hearing to seek the removal of the student to an interim alternative educational setting.</text> </paragraph> <paragraph num="F."> <text>If a public agency maintains that it is dangerous for the student with a disability to be in the current placement during the pendency of the due process hearing, the public agency may request that the due process hearing be expedited.</text> </paragraph> <paragraph num="G."> <text>An administrative law judge may order a change in placement to an interim alternative educational setting for not more than 45 school days if the administrative law judge determines that the public agency has demonstrated, beyond a preponderance of the evidence, that maintaining the current placement of the student with a disability is substantially likely to result in injury to the student or others.</text> </paragraph> <paragraph num="H."> <text>In making the determination in accordance with §G of this regulation, an administrative law judge shall consider whether:</text> <paragraph num="(1)"> <text>The student's current placement is appropriate;</text> </paragraph> <paragraph num="(2)"> <text>The public agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and</text> </paragraph> <paragraph num="(3)"> <text>The interim alternative educational setting proposed by the public agency, in consultation with the student's special education teacher, meets the requirements of §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="I."> <text>A student with a disability may be removed to an interim alternative educational setting in accordance with §A of this regulation without regard to whether the behavior is determined to be a manifestation of the student's disability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Responsibilities of the IEP Team."> <paragraph num="A."> <text>The IEP team shall meet within 10 business days of the removal of a student with a disability to develop an assessment plan if the IEP team has not:</text> <paragraph num="(1)"> <text>Conducted a functional behavioral assessment; and</text> </paragraph> <paragraph num="(2)"> <text>Implemented a behavioral intervention plan to address the behavior before the behavior occurred that resulted in the student's removal as set forth in Regulation .03B or .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>As soon as possible after the completion of the assessments determined appropriate by the IEP team as set forth in §A of this regulation, the IEP team shall meet to:</text> <paragraph num="(1)"> <text>Develop appropriate behavioral interventions to address the behavior; and</text> </paragraph> <paragraph num="(2)"> <text>Implement the behavioral intervention plan.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the student with a disability has a behavioral intervention plan, the IEP team shall meet within 10 business days of the removal to review the plan to address the behavior that resulted in the removal, and determine if:</text> <paragraph num="(1)"> <text>The behavioral intervention plan needs to be modified; or</text> </paragraph> <paragraph num="(2)"> <text>The implementation of the behavioral intervention plan needs to be modified to address the behavior.</text> </paragraph> </paragraph> <paragraph num="D."> <text>For subsequent disciplinary removals of the student beyond the first 10 school days the student is removed during the school year, the IEP team shall meet to review the student's behavioral intervention plan as set forth in §C of this regulation.</text> </paragraph> <paragraph num="E."> <text>The IEP team shall modify the behavioral implementation plan and its implementation to the extent the IEP team determines necessary.</text> </paragraph> <paragraph num="F."> <text>Meetings of the IEP team as set forth in §A of this regulation and in Regulation .08B of this chapter may be conducted at the same IEP team meeting.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Manifestation Determination."> <paragraph num="A."> <text>The IEP team shall meet to determine whether a student's behavior that resulted in a disciplinary removal is a manifestation of the student's disability each time the student is subject to a removal:</text> <paragraph num="(1)"> <text>As set forth in Regulation .03B of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>That constitutes a change of placement in accordance with Regulation .05 of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>To an interim alternative educational setting in accordance with Regulation .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The IEP team shall meet within 10 school days of the date when school personnel take disciplinary action for the removal of a student with a disability as set forth in §A of this regulation to determine:</text> <paragraph num="(1)"> <text>Whether the student's behavior that resulted in disciplinary removal is a manifestation of the student's disability; and</text> </paragraph> <paragraph num="(2)"> <text>The services to be provided during the removal in accordance with Regulation .06C of this chapter to ensure the provision of FAPE.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In determining whether the student's behavior was a manifestation of the student's disability, the IEP team shall review:</text> <paragraph num="(1)"> <text>All relevant information in the student's file;</text> </paragraph> <paragraph num="(2)"> <text>Any teacher observations;</text> </paragraph> <paragraph num="(3)"> <text>Any relevant information supplied by the parents; and</text> </paragraph> <paragraph num="(4)"> <text>The student's IEP.</text> </paragraph> </paragraph> <paragraph num="D."> <text>To determine that the behavior subject to the disciplinary action is a manifestation of the student's disability, the IEP team and other qualified personnel must make the determination that the student's behavior was:</text> <paragraph num="(1)"> <text>Caused by or had a direct and substantial relationship to the student's disability; or</text> </paragraph> <paragraph num="(2)"> <text>The direct result of the public agency's failure to implement the student's IEP.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the IEP team determines the student's conduct was the direct result of the public agency's failure to implement the student's IEP, the public agency shall take immediate steps to remedy those deficiencies in accordance with 34 CFR §300.530(e)(3).</text> </paragraph> <paragraph num="F."> <text>If any of the determinations set forth in §D of this regulation are made, the IEP team shall consider the behavior a manifestation of the student's disability.</text> </paragraph> <paragraph num="G."> <text>If the IEP team determines that the student's behavior is a manifestation of the student's disability, the IEP team shall, as appropriate:</text> <paragraph num="(1)"> <text>Conduct a functional behavioral assessment and implement a behavioral intervention plan if the public agency had not conducted such assessments prior to a disciplinary removal in accordance with Regulation .03B or .05 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Review the student's behavioral intervention plan and modify it, if necessary, to address the behavior; and</text> </paragraph> <paragraph num="(3)"> <text>Return the student to the student's placement from which the student was removed unless the parent and the public agency agree to a change of placement as part of a modification of the student's behavioral intervention plan.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If the IEP team determines that the behavior is not a manifestation of the student's disability:</text> <paragraph num="(1)"> <text>The student may be disciplined in the same manner as students without disabilities, including a period of suspension or expulsion, as set forth in COMAR 13A.08.01.11C; and</text> </paragraph> <paragraph num="(2)"> <text>The IEP team shall determine the extent to which services are necessary during the period of suspension or expulsion to enable the student to appropriately:</text> <paragraph num="(a)"> <text>Progress in the general curriculum; and</text> </paragraph> <paragraph num="(b)"> <text>Advance toward achieving the goals of the student's IEP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>On initiation of disciplinary actions as set forth in §H of this regulation, the principal shall transmit the student's special education and disciplinary records to the local school superintendent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Parents' Right to Appeal and Student Placement."> <paragraph num="A."> <text>The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15C if the parents disagree with the public agency regarding:</text> <paragraph num="(1)"> <text>Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>The interim alternative educational setting, as set forth in Regulation .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the parents file a due process complaint in accordance with §A of this regulation, the Office of Administrative Hearings shall schedule an expedited due process hearing as set forth in Education Article, §8-413, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The student shall remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the interim alternative educational setting, whichever occurs first, unless the parents and the public agency agree on another course of action.</text> </paragraph> <paragraph num="D."> <text>If the public agency proposes to change the student's current educational placement after the expiration of the student's placement in an interim alternative educational setting, and the parents file a due process complaint to challenge the proposed change of placement, the student shall return to the student's educational placement before removal to an interim alternative educational setting.</text> </paragraph> <paragraph num="E."> <text>At an expedited due process hearing on disciplinary actions as set forth in §B of this regulation, the administrative law judge may:</text> <paragraph num="(1)"> <text>Return the student with a disability to the placement from which the student was removed; or</text> </paragraph> <paragraph num="(2)"> <text>Order a change in placement of a student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the administrative law judge determines that maintaining the current placement is substantially likely to result in injury to the student or others.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The public agency may repeat the procedures set forth in Regulation .06D of this chapter as necessary if a public agency believes that:</text> <paragraph num="(1)"> <text>The student continues to be dangerous;</text> </paragraph> <paragraph num="(2)"> <text>Returning the student to the student's placement before placement in an interim alternative educational setting is substantially likely to result in injury to the student or others; and</text> </paragraph> <paragraph num="(3)"> <text>The student should remain in an interim alternative educational setting as set forth in Regulation .06A and F of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Students Not Yet Eligible for Special Education and Related Services."> <paragraph num="A."> <text>If a student who has not been identified as a student with a disability engages in behavior that violates any rule or code of conduct of the public agency, the student may assert protection under this chapter if the public agency had knowledge that the student was a student with a disability before the student engaged in the behavior that precipitated the disciplinary action.</text> </paragraph> <paragraph num="B."> <text>A public agency shall be deemed to have knowledge that a student is a student with a disability if:</text> <paragraph num="(1)"> <text>The parent of the student expressed concern in writing to supervisory or administrative personnel of the public agency or a teacher of the student that the student is in need of special education and related services;</text> </paragraph> <paragraph num="(2)"> <text>The parents have requested an evaluation as set forth in COMAR 13A.05.01.04A(1); or</text> </paragraph> <paragraph num="(3)"> <text>The student's teacher or other personnel of the public agency have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the public agency director of special education or other public agency supervisory personnel in accordance with COMAR 13A.05.01.04A(1) or local child-find procedures.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A public agency is not deemed to have knowledge in accordance with §B of this regulation if:</text> <paragraph num="(1)"> <text>The parent of the student:</text> <paragraph num="(a)"> <text>Did not allow the public agency to conduct assessments in accordance with COMAR 13A.05.01.05; or</text> </paragraph> <paragraph num="(b)"> <text>Refused or revoked consent for services in accordance with COMAR 13A.05.13; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The public agency:</text> <paragraph num="(a)"> <text>Conducted an evaluation in accordance with COMAR 13A.05.01.06B and determined that the student was not a student with a disability, or determined that an evaluation was not necessary in accordance with COMAR 13A.05.01.04B(4); and</text> </paragraph> <paragraph num="(b)"> <text>Provided the student's parents with a written notice of the decision in accordance with COMAR 13A.05.01.12.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If a public agency does not have knowledge that a student is a student with a disability before taking disciplinary action, the student may be subject to the same disciplinary measures applied to students without disabilities who engage in comparable behavior.</text> </paragraph> <paragraph num="E."> <text>If the public agency receives a written referral, in accordance with COMAR 13A.05.01.04A, during the time period that the student is subject to disciplinary measures, the public agency shall evaluate the student in accordance with COMAR 13A.05.01.04—.06, in an expedited manner.</text> </paragraph> <paragraph num="F."> <text>The student shall remain in the educational placement determined appropriate by public agency personnel, including suspension or expulsion without educational services, until the evaluation is completed.</text> </paragraph> <paragraph num="G."> <text>If, as a result of the evaluation, as set forth in COMAR 13A.05.01.06B, the IEP team determines that the student is a student with a disability, the public agency shall provide special education and related services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Referral to Law Enforcement."> <paragraph num="A."> <text>A public agency may report a crime committed by a student with a disability to appropriate law enforcement authorities consistent with State law and 34 CFR §300.535.</text> </paragraph> <paragraph num="B."> <text>The public agency shall ensure that copies of the student's special education and disciplinary records are transmitted to the appropriate authorities to whom the public agency reported the crime, to the extent permitted, in accordance with COMAR 13A.08.02.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-305, 8-404, and 8-407, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 2, 2000 (27:19 Md. R. 1726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective January 21, 2002 (29:1 Md. R. 25)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective January 21, 2002 (29:1 Md. R. 25)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective May 7, 2007 (34:9 Md R. 826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective May 7, 2007 (34:9 Md R. 826)</annotation> </annotations> </chapter> <chapter num="04" heading="Student Behavior Interventions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to the use of student behavior interventions by:</text> <paragraph num="(1)"> <text>Public agencies;</text> </paragraph> <paragraph num="(2)"> <text>The Residential Boarding Education Program for At-Risk Youth (SEED School);</text> </paragraph> <paragraph num="(3)"> <text>The Regional Institutes for Children and Adolescents, as defined by COMAR 10.21.06.02; and</text> </paragraph> <paragraph num="(4)"> <text>Nonpublic schools.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Regulations .05—.07 of this chapter do not apply to the Juvenile Services Education Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Behavior intervention plan.</text> <paragraph num="(a)"> <text>“Behavior intervention plan” means a proactive plan designed to address problem behavior exhibited by a student in the educational setting through the use of positive behavioral interventions, strategies, and supports.</text> </paragraph> <paragraph num="(b)"> <text>“Behavior intervention plan” includes:</text> <paragraph num="(i)"> <text>Clear and specifically defined targeted behaviors;</text> </paragraph> <paragraph num="(ii)"> <text>Data on the targeted behaviors, as collected through a functional behavior assessment;</text> </paragraph> <paragraph num="(iii)"> <text>Specific methods of data collection for progress monitoring; and</text> </paragraph> <paragraph num="(iv)"> <text>A hierarchy of responses to address student behavior.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Business day” has the meaning stated in COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(3)"> <text>Communicate.</text> <paragraph num="(a)"> <text>“Communicate” means to convey information verbally or nonverbally.</text> </paragraph> <paragraph num="(b)"> <text>“Communicate” includes, but is not limited to:</text> <paragraph num="(i)"> <text>Speech;</text> </paragraph> <paragraph num="(ii)"> <text>Gestures;</text> </paragraph> <paragraph num="(iii)"> <text>Symbols; and</text> </paragraph> <paragraph num="(iv)"> <text>American Sign Language.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>Debrief.</text> <paragraph num="(a)"> <text>“Debrief” means an intentional process wherein a restraint or seclusion incident is reviewed by school personnel in order to prevent future incidents and improve responses to the student’s challenging behavior.</text> </paragraph> <paragraph num="(b)"> <text>“Debrief” includes:</text> <paragraph num="(i)"> <text>Review of the events leading up to the restraint or seclusion incident;</text> </paragraph> <paragraph num="(ii)"> <text>Analysis of school personnel’s compliance with an existing behavior intervention plan, Section 504 plan, or IEP; and</text> </paragraph> <paragraph num="(iii)"> <text>Consideration of new or additional behavioral strategies to address the behavior that led to the use of restraint or seclusion.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Exclusion” means the removal of a student to a supervised area for a limited period of time during which the student has an opportunity to regain self-control and is not receiving instruction including special education, related services, or support.</text> </paragraph> <paragraph num="(7)"> <text>Functional Behavior Assessment.</text> <paragraph num="(a)"> <text>“Functional behavior assessment” means the systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the problem behavior.</text> </paragraph> <paragraph num="(b)"> <text>“Functional behavior assessment” includes the:</text> <paragraph num="(i)"> <text>Identification of the functions of the problem behavior for the student;</text> </paragraph> <paragraph num="(ii)"> <text>Description of the problem behavior exhibited in the educational setting; and</text> </paragraph> <paragraph num="(iii)"> <text>Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Health care practitioner” means:</text> <paragraph num="(a)"> <text>A physician licensed to practice under Health Occupations Article, Title 14, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>A psychologist licensed to practice under Health Occupations Article, Title 18, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>A clinical social worker licensed to practice under Health Occupations Article, Title 19, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>A registered nurse licensed to practice under Health Occupations Article, Title 8, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(e)"> <text>A clinical professional counselor licensed under Health Occupations Article, Title 17, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“IEP” means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(10)"> <text>“IEP team” has the meaning stated in COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(11)"> <text>Mechanical Restraint.</text> <paragraph num="(a)"> <text>“Mechanical restraint” means the use of any device or equipment to restrict a student's freedom of movement.</text> </paragraph> <paragraph num="(b)"> <text>“Mechanical restraint” does not include devices implemented by trained school personnel, or used by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, including:</text> <paragraph num="(i)"> <text>Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;</text> </paragraph> <paragraph num="(ii)"> <text>Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;</text> </paragraph> <paragraph num="(iii)"> <text>Restraints for medical immobilization; or</text> </paragraph> <paragraph num="(iv)"> <text>Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Nonpublic school” means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities.</text> </paragraph> <paragraph num="(13)"> <text>“Parent” has the meaning stated in COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(14)"> <text>Physical Restraint.</text> <paragraph num="(a)"> <text>“Physical restraint” means a personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely.</text> </paragraph> <paragraph num="(b)"> <text>“Physical restraint” does not include:</text> <paragraph num="(i)"> <text>Briefly holding a student in order to calm or comfort the student;</text> </paragraph> <paragraph num="(ii)"> <text>Holding a student’s hand or arm to escort the student safely from one area to another;</text> </paragraph> <paragraph num="(iii)"> <text>Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or</text> </paragraph> <paragraph num="(iv)"> <text>Breaking up a fight in the school building or on school grounds in accordance with Education Article §7-307, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Positive behavior interventions, strategies, and supports” means the school-wide and individual application of data-driven, trauma-informed actions, instruction, and assistance to promote positive social and emotional growth while preventing or reducing challenging behaviors in an effort to encourage educational and social emotional success.</text> </paragraph> <paragraph num="(16)"> <text>Protective or Stabilizing Device.</text> <paragraph num="(a)"> <text>“Protective or stabilizing device” means any device or material attached or adjacent to the student's body that restricts freedom of movement or normal access to any portion of the student's body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring safe positioning of a person.</text> </paragraph> <paragraph num="(b)"> <text>“Protective or stabilizing device” includes:</text> <paragraph num="(i)"> <text>Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer;</text> </paragraph> <paragraph num="(ii)"> <text>Seat belts; or</text> </paragraph> <paragraph num="(iii)"> <text>Other safety equipment to secure students during transportation in accordance with the public agency or nonpublic school transportation plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Public agency” means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program.</text> </paragraph> <paragraph num="(18)"> <text>“Restraint” means the use of a physical or mechanical restraint.</text> </paragraph> <paragraph num="(19)"> <text>“School personnel” means an individual employed by a public agency or nonpublic school as defined in this chapter.</text> </paragraph> <paragraph num="(20)"> <text>Seclusion.</text> <paragraph num="(a)"> <text>“Seclusion” means the confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours.</text> </paragraph> <paragraph num="(b)"> <text>“Seclusion” does not include a behavior intervention plan of separating a student by placing the student:</text> <paragraph num="(i)"> <text>Into a nonlocked room from which the student is allowed to leave; or</text> </paragraph> <paragraph num="(ii)"> <text>Within a separate location in a classroom from which the student is not physically prevented from leaving.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Section 504 plan” means a plan developed to provide a qualified student with a disability a free appropriate public education consistent with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and its implementing regulation, 34 C.F.R. §104.33.</text> </paragraph> <paragraph num="(22)"> <text>“Serious physical harm” has the same meaning as “serious bodily injury” as defined in 18 U.S.C. §1365(h)(3).</text> </paragraph> <paragraph num="(23)"> <text>“Student with a disability” has the meaning stated in COMAR 13A.05.01.03.</text> </paragraph> <paragraph num="(24)"> <text>“Trauma-informed intervention” means an approach to behavior intervention that is informed by the recognition that the experience of trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have a significant impact on an individual’s physical and emotional health and ability to function.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Behavior Interventions."> <paragraph num="A."> <text>General. School personnel are encouraged to use an array of positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.</text> </paragraph> <paragraph num="B."> <text>School personnel shall only use exclusion, restraint, or seclusion:</text> <paragraph num="(1)"> <text>After less restrictive or alternative approaches have been:</text> <paragraph num="(a)"> <text>Attempted; or</text> </paragraph> <paragraph num="(b)"> <text>Determined to be inappropriate;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In a humane, safe, and effective manner;</text> </paragraph> <paragraph num="(3)"> <text>Without intent to harm or create undue discomfort;</text> </paragraph> <paragraph num="(4)"> <text>Consistent with known medical or psychological limitations and the student's behavioral intervention plan; and</text> </paragraph> <paragraph num="(5)"> <text>Consistent with an evidence-based, trauma-informed crisis prevention intervention program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>School personnel conducting an escort shall use a natural position and safe manner.</text> </paragraph> <paragraph num="D."> <text>This chapter does not prohibit:</text> <paragraph num="(1)"> <text>School personnel from initiating appropriate student disciplinary actions pursuant to Education Article §7-305, Annotated Code of Maryland, COMAR 13A.08.01.11, and COMAR 13A.08.03; or</text> </paragraph> <paragraph num="(2)"> <text>Law enforcement, judicial authorities, or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or procedures.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Use of Exclusion."> <paragraph num="A."> <text>School personnel may use exclusion to address a student's behavior:</text> <paragraph num="(1)"> <text>If the student's behavior unreasonably interferes with the student's learning or the learning of others;</text> </paragraph> <paragraph num="(2)"> <text>If the student's behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate;</text> </paragraph> <paragraph num="(3)"> <text>If exclusion is requested by the student; or</text> </paragraph> <paragraph num="(4)"> <text>If supported by the student's behavior intervention plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A setting used for exclusion shall:</text> <paragraph num="(1)"> <text>Provide school personnel with the ability to see the student at all times;</text> </paragraph> <paragraph num="(2)"> <text>Provide adequate lighting, ventilation, and furnishings; and</text> </paragraph> <paragraph num="(3)"> <text>Be unlocked and free of barriers to prevent egress.</text> </paragraph> </paragraph> <paragraph num="C."> <text>School personnel shall monitor a student placed in exclusion and provide a student in exclusion with:</text> <paragraph num="(1)"> <text>An explanation of the behavior that resulted in the removal; and</text> </paragraph> <paragraph num="(2)"> <text>Instructions on the behavior required to return to the learning environment.</text> </paragraph> </paragraph> <paragraph num="D."> <text>School personnel shall ensure that each period of exclusion:</text> <paragraph num="(1)"> <text>Is appropriate to the developmental level of the student and the severity of the behavior;</text> </paragraph> <paragraph num="(2)"> <text>Provides support to increase the student’s self-regulation in order to return to the instructional setting; and</text> </paragraph> <paragraph num="(3)"> <text>Does not exceed 30 minutes.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Parents and school personnel may at any time request a meeting to address the use of exclusion and to:</text> <paragraph num="(1)"> <text>Conduct a functional behavioral assessment; and</text> </paragraph> <paragraph num="(2)"> <text>Develop, review, or revise a student's behavioral intervention plan, Section 504 plan, or IEP.</text> </paragraph> </paragraph> <paragraph num="F."> <text>School personnel shall consider the need to initiate a referral to a Section 504 or IEP team if a nondisabled student has experienced excessive exclusion, to determine if the student has a disability that may require the provision of accommodations, modifications, or special education and related services.</text> </paragraph> <paragraph num="G."> <text>School personnel shall ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.03, if a student with a disability has experienced an excessive period of exclusion that may result in a change of placement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="General Requirements for the Use of Restraint or Seclusion."> <paragraph num="A."> <text>Use of Restraint.</text> <paragraph num="(1)"> <text>Physical Restraint.</text> <paragraph num="(a)"> <text>The use of physical restraint is prohibited in public agencies and nonpublic schools unless:</text> <paragraph num="(i)"> <text>Physical restraint is necessary to protect the student or another individual from imminent, serious physical harm; and</text> </paragraph> <paragraph num="(ii)"> <text>Other less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Physical restraint shall only be implemented and monitored by school personnel who are trained in the appropriate use of physical restraint consistent with Regulation .06C of this chapter.</text> </paragraph> <paragraph num="(c)"> <text>In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious physical harm.</text> </paragraph> <paragraph num="(d)"> <text>Physical restraint:</text> <paragraph num="(i)"> <text>Shall be removed as soon as the student no longer poses a threat of imminent, serious physical harm; and</text> </paragraph> <paragraph num="(ii)"> <text>May not exceed 30 minutes.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>In applying physical restraint, school personnel may not:</text> <paragraph num="(i)"> <text>Place a student in a face down position;</text> </paragraph> <paragraph num="(ii)"> <text>Place a student in any other position that will obstruct a student's airway or otherwise impair a student's ability to breathe, obstruct school personnel’s view of a student's face, restrict a student's ability to communicate distress, or place pressure on a student's head, neck, or torso; or</text> </paragraph> <paragraph num="(iii)"> <text>Straddle a student's torso.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Mechanical Restraint.</text> <paragraph num="(a)"> <text>The use of mechanical restraint is prohibited in public agencies and nonpublic schools unless a public agency or nonpublic school is accredited by and meets the requirements of the Joint Commission.</text> </paragraph> <paragraph num="(b)"> <text>Section A(2)(a) of this regulation does not prohibit school personnel from using a protective or stabilizing device:</text> <paragraph num="(i)"> <text>As prescribed by a health professional; or</text> </paragraph> <paragraph num="(ii)"> <text>For a student with a disability, in accordance with the student's IEP or behavior intervention plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Documentation of the Use of Restraint.</text> <paragraph num="(a)"> <text>Each time school personnel use restraint on a student, school personnel involved in the restraint shall debrief and document the incident using a form developed by the Department that includes:</text> <paragraph num="(i)"> <text>Other less intrusive, nonphysical interventions that have failed or been determined inappropriate;</text> </paragraph> <paragraph num="(ii)"> <text>The precipitating event immediately preceding the behavior that prompted the use of restraint;</text> </paragraph> <paragraph num="(iii)"> <text>The behavior that prompted the use of a restraint;</text> </paragraph> <paragraph num="(iv)"> <text>The type of restraint;</text> </paragraph> <paragraph num="(v)"> <text>The length of time in restraint;</text> </paragraph> <paragraph num="(vi)"> <text>The student’s behavior and reaction during the restraint;</text> </paragraph> <paragraph num="(vii)"> <text>The names of the school personnel who observed the behavior that prompted the use of restraint;</text> </paragraph> <paragraph num="(viii)"> <text>The names and signatures of the school personnel implementing and monitoring the use of restraint; and</text> </paragraph> <paragraph num="(ix)"> <text>The name and signature of the administrator informed of the use of restraint.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The debrief and documentation shall occur as soon as possible after the event.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The documentation described in §A(3) of this regulation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian in accordance with COMAR 13A.08.02.</text> </paragraph> <paragraph num="(5)"> <text>Each time restraint is used, parents shall be provided oral or written notification within 24 hours.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Use of Seclusion.</text> <paragraph num="(1)"> <text>The use of seclusion is prohibited in public agencies.</text> </paragraph> <paragraph num="(2)"> <text>The use of seclusion is prohibited in nonpublic schools unless:</text> <paragraph num="(a)"> <text>Seclusion is necessary to protect the student or another individual from imminent, serious physical harm;</text> </paragraph> <paragraph num="(b)"> <text>Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;</text> </paragraph> <paragraph num="(c)"> <text>A qualified health care practitioner is on-site and is directly observing the student during the seclusion; and</text> </paragraph> <paragraph num="(d)"> <text>The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:</text> <paragraph num="(a)"> <text>Receive training in all topics required under Regulation .06 of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Be clinically familiar with the student.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Seclusion Room.</text> <paragraph num="(a)"> <text>At a minimum, a room used for seclusion shall:</text> <paragraph num="(i)"> <text>Be free of objects and fixtures with which a student could self-inflict bodily harm;</text> </paragraph> <paragraph num="(ii)"> <text>Provide school personnel an adequate view of the student from all angles; and</text> </paragraph> <paragraph num="(iii)"> <text>Provide adequate lighting and ventilation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The door of a seclusion room shall not be fitted with a lock unless it releases automatically when not physically held in the locked position by school personnel on the outside of the door.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>School personnel shall:</text> <paragraph num="(a)"> <text>Remain in close proximity to the door of a seclusion room at all times;</text> </paragraph> <paragraph num="(b)"> <text>Actively observe a student placed in seclusion at all times; and</text> </paragraph> <paragraph num="(c)"> <text>Provide a student placed in seclusion with:</text> <paragraph num="(i)"> <text>An explanation of the behavior that resulted in the removal; and</text> </paragraph> <paragraph num="(ii)"> <text>Instructions on the behavior required to return to the learning environment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Seclusion shall only be implemented and monitored by school personnel trained in the appropriate use of seclusion consistent with Regulation .06C of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>A seclusion event:</text> <paragraph num="(a)"> <text>Shall be appropriate to the student's developmental level and severity of the behavior;</text> </paragraph> <paragraph num="(b)"> <text>May not restrict the student's ability to communicate distress; and</text> </paragraph> <paragraph num="(c)"> <text>May not exceed the shorter of:</text> <paragraph num="(i)"> <text>30 minutes; or</text> </paragraph> <paragraph num="(ii)"> <text>A point in time during which the student no longer poses a threat of imminent, serious physical harm.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>Documentation of Seclusion.</text> <paragraph num="(a)"> <text>Each time a student is placed in seclusion, school personnel involved in the seclusion incident shall debrief and document the incident using a form developed by the Department that includes:</text> <paragraph num="(i)"> <text>Other less intrusive interventions that have failed or been determined inappropriate;</text> </paragraph> <paragraph num="(ii)"> <text>The precipitating event immediately preceding the behavior that prompted the use of seclusion;</text> </paragraph> <paragraph num="(iii)"> <text>The behavior that prompted the use of seclusion; and</text> </paragraph> <paragraph num="(iv)"> <text>The length of time in seclusion;</text> </paragraph> <paragraph num="(v)"> <text>The student's behavior and reaction during the seclusion; and</text> </paragraph> <paragraph num="(vi)"> <text>The names and signatures of the school personnel implementing and monitoring the seclusion; and</text> </paragraph> <paragraph num="(vii)"> <text>The name and signature of the administrator informed of the use of seclusion.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>The documentation described in §B(8) of this regulation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian in accordance with COMAR 13A.08.02.</text> </paragraph> <paragraph num="(10)"> <text>Each time seclusion is used, school personnel shall provide the student's parent with verbal notification or send written notice within 24 hours.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Referral to a Student Services, Section 504, or IEP Team.</text> <paragraph num="(1)"> <text>If restraint or seclusion is used for a student who has not been identified as a student with a disability, the student shall immediately be referred to the school's Student Support, Section 504, or IEP team.</text> </paragraph> <paragraph num="(2)"> <text>If restraint or seclusion is used for a student with a disability, and the student's Section 504 plan, IEP, or behavior intervention plan does not include the use of restraint or seclusion, the Section 504 or IEP team shall meet within 10 business days of the incident to consider:</text> <paragraph num="(a)"> <text>The need for a functional behavioral assessment;</text> </paragraph> <paragraph num="(b)"> <text>Developing appropriate behavioral interventions;</text> </paragraph> <paragraph num="(c)"> <text>Implementing a behavioral intervention plan;</text> </paragraph> <paragraph num="(d)"> <text>Training for school personnel; and</text> </paragraph> <paragraph num="(e)"> <text>Revisions to the Section 504 plan or IEP.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the behavior of a student with a Section 504 plan or IEP is adversely affected after the use of restraint or seclusion, the student’s 504 or IEP team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.</text> </paragraph> <paragraph num="(4)"> <text>Student with an IEP.</text> <paragraph num="(a)"> <text>For a student who has an IEP and is placed in seclusion, the IEP team, in consultation with the health care practitioner who observed the seclusion, shall review the student's physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.</text> </paragraph> <paragraph num="(b)"> <text>A determination under this paragraph shall be made:</text> <paragraph num="(i)"> <text>At each annual review of the student's IEP; and</text> </paragraph> <paragraph num="(ii)"> <text>Within 10 days of a student's placement being changed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Physical restraint or seclusion may be included in a student’s behavioral intervention plan, Section 504 plan, or IEP to address the student’s behavior in an emergency situation, provided that school personnel:</text> <paragraph num="(a)"> <text>Determine restraint or seclusion has been used with the student;</text> </paragraph> <paragraph num="(b)"> <text>Review available data to identify any contraindications to the use of physical restraint or seclusion based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate;</text> </paragraph> <paragraph num="(c)"> <text>Identify the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until physical restraint or seclusion is used in an emergency situation; and</text> </paragraph> <paragraph num="(d)"> <text>Obtain written consent from the parent, consistent with §C(9) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If restraint or seclusion is used for a student with a disability, and the Section 504 plan, IEP, or behavior intervention plan includes the use of restraint or seclusion, the student's IEP or behavior intervention plan shall specify how often the Section 504 or IEP team shall meet to review or revise, as appropriate, the student's Section 504 plan, IEP, or behavior intervention plan.</text> </paragraph> <paragraph num="(7)"> <text>When a Section 504 or IEP team meets to review or revise a student's Section 504 plan, IEP, or behavior intervention plan, as specified in §C(4) of this regulation, the Section 504 or IEP team shall consider:</text> <paragraph num="(a)"> <text>Existing health, physical, psychological, and psychosocial information, including any contraindications to the use of restraint or seclusion based on medical history or past trauma;</text> </paragraph> <paragraph num="(b)"> <text>Information provided by the parent;</text> </paragraph> <paragraph num="(c)"> <text>Observations by teachers and related service providers;</text> </paragraph> <paragraph num="(d)"> <text>The student's current placement; and</text> </paragraph> <paragraph num="(e)"> <text>The frequency and duration of restraint or seclusion incidents and behavior events that occurred since the IEP team last met.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The local school system or nonpublic school shall provide the parent of the student with written notice in accordance with COMAR 13A.05.01.12A when a Section 504 or IEP team proposes or refuses to initiate or change the student's Section 504 plan, IEP, or behavior intervention plan that includes the use of restraint or seclusion.</text> </paragraph> <paragraph num="(9)"> <text>Parental Consent.</text> <paragraph num="(a)"> <text>The Student Support, Section 504, or IEP team shall obtain the written consent of the parent if the team proposes to include restraint or seclusion in the behavior intervention plan, Section 504 plan, or IEP to address the student’s behavior.</text> </paragraph> <paragraph num="(b)"> <text>If the parent does not provide written consent, the team shall send the parent written notice within 5 business days of the team meeting that states:</text> <paragraph num="(i)"> <text>The parent has the right to either consent or refuse to consent to the use of restraint or seclusion; and</text> </paragraph> <paragraph num="(ii)"> <text>If the parent does not provide written consent or a written refusal within 15 business days of the team meeting, the team may implement the proposed use of restraint or seclusion.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Written Refusal.</text> <paragraph num="(i)"> <text>If the parent of a student with an IEP provides written refusal, the IEP team may use the dispute resolution options listed in Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.</text> </paragraph> <paragraph num="(ii)"> <text>If the parent of a student with a Section 504 plan or behavior intervention plan from a Student Services team provides written refusal, there is no right to the dispute resolution options listed in the Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Administrative Procedures."> <paragraph num="A."> <text>Each public agency and nonpublic school shall develop policies and procedures to address:</text> <paragraph num="(1)"> <text>A continuum of positive behavioral interventions, strategies, and supports for use by school personnel before exclusion, restraint, or seclusion;</text> </paragraph> <paragraph num="(2)"> <text>The prevention of self-injurious behaviors;</text> </paragraph> <paragraph num="(3)"> <text>Methods for identifying and defusing potentially dangerous behavior;</text> </paragraph> <paragraph num="(4)"> <text>The use and documentation of exclusion consistent with Regulation .04 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>The use of restraint consistent with Regulation .05A of this chapter;</text> </paragraph> <paragraph num="(6)"> <text>The use of seclusion consistent with Regulation .05B of this chapter; and</text> </paragraph> <paragraph num="(7)"> <text>The notification, review, and recommendation requirements consistent with §§E and F of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each public agency and nonpublic school shall annually review policies and procedures and provide them to school personnel and parents as described in COMAR 13A.08.01.</text> </paragraph> <paragraph num="C."> <text>Professional Development.</text> <paragraph num="(1)"> <text>Each public agency and nonpublic school shall provide professional development to school personnel designated by a school administrator to use restraint or seclusion on this chapter and the appropriate implementation of policies and procedures developed in accordance with §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>At the beginning of each school year, each public agency and nonpublic school shall identify school personnel authorized to serve as a school-wide resource to assist in ensuring proper administration of exclusion, restraint, and seclusion.</text> </paragraph> <paragraph num="(3)"> <text>The school personnel described in §C(1) and §C(2) of this regulation shall receive training in current professionally accepted practices and standards regarding:</text> <paragraph num="(a)"> <text>Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior;</text> </paragraph> <paragraph num="(b)"> <text>Trauma-informed intervention;</text> </paragraph> <paragraph num="(c)"> <text>Functional behavior assessment and behavior intervention planning;</text> </paragraph> <paragraph num="(d)"> <text>Exclusion;</text> </paragraph> <paragraph num="(e)"> <text>Restraint and alternatives to restraint;</text> </paragraph> <paragraph num="(f)"> <text>Seclusion;</text> </paragraph> <paragraph num="(g)"> <text>Symptoms of physical distress and positional asphyxia;</text> </paragraph> <paragraph num="(h)"> <text>First aid and cardiopulmonary resuscitation (CPR); and</text> </paragraph> <paragraph num="(i)"> <text>Individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The professional development described in §C(3) of this regulation shall include a written examination and physical demonstration of proficiency in the described skills and competencies.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Monitoring and Compliance.</text> <paragraph num="(1)"> <text>Each public agency and nonpublic school shall develop policies and procedures on:</text> <paragraph num="(a)"> <text>Monitoring the use and documentation of exclusion, restraint, and seclusion; and</text> </paragraph> <paragraph num="(b)"> <text>Receiving and investigating complaints regarding exclusion, restraint, and seclusion practices.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department may monitor and request any information regarding any matter related to exclusion, restraint, or seclusion implemented by a public agency or nonpublic school. The Department shall provide written notice of the requested information and specify the time and the manner in which the public agency or nonpublic school shall respond to the request.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice of Student’s Tenth Incident of Physical Restraint or Seclusion.</text> <paragraph num="(1)"> <text>If a student enrolled in a public school is physically restrained ten times or more in a school year, the public school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint and every tenth incident thereafter.</text> </paragraph> <paragraph num="(2)"> <text>If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion ten times or more in a school year, the nonpublic school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint or seclusion and every tenth incident thereafter.</text> </paragraph> <paragraph num="(3)"> <text>If a student enrolled in a public agency that is not a public school is physically restrained ten times or more in a school year, the public agency shall provide notice to the Department at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint and every tenth incident thereafter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Review, Assessment, and Recommendations.</text> <paragraph num="(1)"> <text>Within 10 business days from receipt of notice from a public school or nonpublic school under §E(1) and (2) of this regulation, the local school system shall:</text> <paragraph num="(a)"> <text>Review the student's case, including the circumstances of each incident of physical restraint or seclusion;</text> </paragraph> <paragraph num="(b)"> <text>Assess the public school’s or nonpublic school's pattern of behavioral health interventions to evaluate whether the public school or nonpublic school could use less restrictive behavioral health interventions; and</text> </paragraph> <paragraph num="(c)"> <text>Share the local school system's recommendations with the Department and the public school or nonpublic school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 10 business days from receipt of notice from a public agency under §E(3) of this regulation, the Department shall:</text> <paragraph num="(a)"> <text>Review the student's case, including the circumstances of each incident of physical restraint;</text> </paragraph> <paragraph num="(b)"> <text>Assess the public agency's pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and</text> </paragraph> <paragraph num="(c)"> <text>Share the Department's recommendations with the public agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Corrective Action.</text> <paragraph num="(1)"> <text>The Department shall require a public agency or nonpublic school to submit a corrective action plan, within a time period prescribed by the Department, if a public agency or nonpublic school:</text> <paragraph num="(a)"> <text>Fails to comply with any provision of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>Reports to the Department that a student has been physically restrained or placed in seclusion ten times or more in a school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department may require different or additional student specific or systemic corrective action within a prescribed time period as determined appropriate by the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Annual Data Reporting."> <paragraph num="A."> <text>Restraint and Seclusion Data Reporting.</text> <paragraph num="(1)"> <text>On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on:</text> <paragraph num="(a)"> <text>The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement;</text> </paragraph> <paragraph num="(b)"> <text>The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement;</text> </paragraph> <paragraph num="(c)"> <text>For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and</text> </paragraph> <paragraph num="(d)"> <text>For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>To determine the number of incidents for the report required under §A(1) of this regulation:</text> <paragraph num="(a)"> <text>A seclusion incident shall be considered ended if at any point during the incident the student is no longer prevented from leaving or is removed from a room, an enclosure, or other space; and</text> </paragraph> <paragraph num="(b)"> <text>If, after a seclusion incident has ended in accordance with §A(2)(a) of this regulation, the public agency or nonpublic school determines that it is necessary to place the student in seclusion again, the subsequent confinement of the student in a room, enclosure, or other space shall be considered a separate incident.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On or before December 1 each year, each nonpublic school shall:</text> <paragraph num="(a)"> <text>Personally observe and review seclusion rooms to ensure compliance with Regulation .05B(4) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Review training plans for the use of seclusion with Regulation .06C of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Report to the Department regarding findings made under §A(3)(a) and (b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Department shall verify the accuracy of a report from any public agency or nonpublic school that reports no physical restraint or seclusion incidents under §A(1) of this regulation.</text> </paragraph> <paragraph num="(5)"> <text>If the Department is unable to verify the accuracy of a report submitted by a public agency or nonpublic school, the Department shall make recommendations for improvements in data collection and positive behavioral interventions at the public agency or nonpublic school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Positive Behavioral Interventions Data Reporting. On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report on steps taken to encourage positive behavioral interventions, including:</text> <paragraph num="(1)"> <text>The professional development provided to designated school personnel related to positive behavioral interventions, strategies, and supports and trauma-informed interventions for the prior school year;</text> </paragraph> <paragraph num="(2)"> <text>For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and</text> </paragraph> <paragraph num="(3)"> <text>The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint or seclusion incidents in the upcoming school year.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 7-301, 7-303—7-305, 7-307, 7-308, 7-1101—7-1104, and 8-405, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 23, 2003 (30:11 Md. R. 789)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 7, 2007 (34:9 Md. R. 827); October 5, 2009 (36:20 Md. R. 1531); July 16, 2018 (45:14 Md. R. 697); November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, D amended effective October 5, 2009 (36:20 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 16, 2018 (45:14 Md. R. 697); November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective October 5, 2009 (36:20 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective May 7, 2007 (34:9 Md. R. 827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective October 5, 2009 (36:20 Md. R. 1531); July 16, 2018 (45:14 Md. R. 697)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective November 13, 2023 (50:22 Md. R. 977)</annotation> </annotations> </chapter> <chapter num="05" heading="Informal Kinship Care"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“County” means a county of this State and includes Baltimore City.</text> </paragraph> <paragraph num="(2)"> <text>“Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.</text> </paragraph> <paragraph num="(3)"> <text>“Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.</text> </paragraph> <paragraph num="(4)"> <text>“Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.</text> </paragraph> <paragraph num="(5)"> <text>“Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, and as further defined in Education Article, §4-122.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Serious family hardship” means:</text> <paragraph num="(a)"> <text>Death of a parent or legal guardian of the child, supported by a copy of the death certificate or other proof;</text> </paragraph> <paragraph num="(b)"> <text>Serious illness of a parent or legal guardian of the child, supported by a copy of the doctor's report, note, or other proof;</text> </paragraph> <paragraph num="(c)"> <text>Drug addiction of a parent or legal guardian of the child, supported by documentation from a treatment provider or parent, or other proof;</text> </paragraph> <paragraph num="(d)"> <text>Incarceration of a parent or legal guardian of the child, supported by documentation from the legal system, detention center, or other proof;</text> </paragraph> <paragraph num="(e)"> <text>Abandonment by a parent or legal guardian of the child, supported by notarized statements from all legal guardians or documentation from court, social services, or other proof; or</text> </paragraph> <paragraph num="(f)"> <text>Assignment of a parent or legal guardian of a child to active military duty, supported by a copy of military orders or other proof.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General Provisions."> <paragraph num="A."> <text>A county superintendent shall allow a child who is a Maryland resident to attend a public school in a county or school attendance area other than the county or school attendance area where the child is domiciled with the child's parent or legal guardian if:</text> <paragraph num="(1)"> <text>The child lives with a relative providing informal kinship care in the county or school attendance area; and</text> </paragraph> <paragraph num="(2)"> <text>The relative verifies the informal kinship care relationship through a sworn affidavit in the form and as specified in Regulations .04—.06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.</text> </paragraph> <paragraph num="C."> <text>The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.</text> </paragraph> <paragraph num="D."> <text>The relative providing informal kinship care shall make the full range of educational decisions for the child unless the court:</text> <paragraph num="(1)"> <text>Appoints a guardian for the child; or</text> </paragraph> <paragraph num="(2)"> <text>Awards custody of the child to someone other than the relative providing informal kinship care.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The parent or legal guardian of a child in an informal kinship care relationship shall have final decision-making authority regarding the educational needs of the child.</text> </paragraph> <paragraph num="F."> <text>Education funding of a child in informal kinship care shall be provided in accordance with Education Article, §4-122.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="G."> <text>A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.</text> </paragraph> <paragraph num="H."> <text>The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full-time equivalent enrollment as provided by Education Article, §5-202(a), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notification and Financial Determination."> <paragraph num="A."> <text>Each receiving agency shall:</text> <paragraph num="(1)"> <text>Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and</text> </paragraph> <paragraph num="(2)"> <text>Subject to Education Article, §4-122.1(b), Annotated Code of Maryland, make a preliminary determination of the sending agency that is financially responsible for each child under Education Article, §4-122.1(d), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The receiving agency shall send to the sending agency by January 31 of each year:</text> <paragraph num="(1)"> <text>A copy of the notice required under §A of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the affidavit and supporting documentation for each child for which the sending agency is financially responsible.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The receiving agency shall send to the State Superintendent by January 31 of each year the name of each child in an informal kinship care relationship and the name of the sending agency for each child listed.</text> </paragraph> <paragraph num="D."> <text>The sending agency that was determined to be financially responsible under §A of this regulation may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Affidavit Requirement."> <paragraph num="A."> <text>The relative providing informal kinship care shall submit to the receiving agency an affidavit verifying the informal kinship care relationship.</text> </paragraph> <paragraph num="B."> <text>The affidavit shall include:</text> <paragraph num="(1)"> <text>The name and date of birth of the child;</text> </paragraph> <paragraph num="(2)"> <text>The name and address of the child's parent or legal guardian;</text> </paragraph> <paragraph num="(3)"> <text>The name and address of the relative providing informal kinship care;</text> </paragraph> <paragraph num="(4)"> <text>The date the relative assumed informal kinship care;</text> </paragraph> <paragraph num="(5)"> <text>The nature of the serious family hardship and why it resulted in informal kinship care;</text> </paragraph> <paragraph num="(6)"> <text>The kinship relation to the child of the relative providing informal kinship care;</text> </paragraph> <paragraph num="(7)"> <text>The name and address of the school the child previously attended;</text> </paragraph> <paragraph num="(8)"> <text>Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system;</text> </paragraph> <paragraph num="(9)"> <text>Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll;</text> </paragraph> <paragraph num="(10)"> <text>Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attends a public school in the county; and</text> </paragraph> <paragraph num="(11)"> <text>Attached instructions that:</text> <paragraph num="(a)"> <text>Explain the necessity for both an affidavit and supporting documentation of the serious family hardship resulting in informal kinship care; and</text> </paragraph> <paragraph num="(b)"> <text>Encourage the relative providing informal kinship care to submit the affidavit and supporting documentation before September 30 of each year.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Affidavit Form."> <paragraph num="A."> <text>The affidavit shall be in the following form:</text> </paragraph> <paragraph num="B."> <text>Each local school system shall:</text> <paragraph num="(1)"> <text>Make affidavit forms, with attached instructions, available free of charge at the offices of each county board of education; and</text> </paragraph> <paragraph num="(2)"> <text>Advise inquirers that affidavit forms are also available at the local department of social services and the local area agency on aging.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Filing of Affidavit."> <paragraph num="A."> <text>The relative providing informal kinship care may file the original affidavit during a school year when the relative begins providing care to the child.</text> </paragraph> <paragraph num="B."> <text>The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.</text> </paragraph> <paragraph num="C."> <text>The relative providing informal kinship care shall submit, with the affidavit, supporting documentation of one or more serious family hardships, which includes, but is not limited to:</text> <paragraph num="(1)"> <text>Death certificate for death;</text> </paragraph> <paragraph num="(2)"> <text>Verification by physician or hospital for serious illness;</text> </paragraph> <paragraph num="(3)"> <text>Verification by treatment provider for drug addiction;</text> </paragraph> <paragraph num="(4)"> <text>Verification by legal system or detention center for incarceration;</text> </paragraph> <paragraph num="(5)"> <text>Notarized statements from legal guardians or verification from court or social services for abandonment;</text> </paragraph> <paragraph num="(6)"> <text>Military orders for assignment to military duty; and</text> </paragraph> <paragraph num="(7)"> <text>Where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The supporting documentation shall be consistent with local, State, and federal privacy and confidentiality policies and statutes.</text> </paragraph> <paragraph num="E."> <text>If the relative providing informal kinship care does not submit the appropriate supporting documentation with the affidavit or within 30 calendar days of submitting the affidavit, the receiving agency may withdraw the child from school or may charge the relative school tuition.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalties."> <paragraph num="A."> <text>The county superintendent shall remove the child from the county public school system roll if fraud or misrepresentation is discovered after the child has been enrolled in the school system.</text> </paragraph> <paragraph num="B."> <text>Any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attended a public school in the county.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 4-122.1, and 7-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 16, 2006 (33:1 Md. R. 37)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective June 29, 2009 (36:13 Md. R. 900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective June 29, 2009 (36:13 Md. R. 900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective June 29, 2009 (36:13 Md. R. 900)</annotation> </annotations> </chapter> <chapter num="06" heading="Positive Behavioral Interventions and Support Program"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Alternative behavior modification program” means a research-based, positive and effective school-wide program that includes the following:</text> <paragraph num="(a)"> <text>Systems and practices that:</text> <paragraph num="(i)"> <text>Enhance the capacity for all children to be successful; and</text> </paragraph> <paragraph num="(ii)"> <text>Recognize appropriate behaviors and respond to behavioral violations; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A continuous assessment of school discipline data to facilitate appropriate decisions about implementation of research based practices.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Elementary school” means any comprehensive public school, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 5.</text> </paragraph> <paragraph num="(3)"> <text>“Habitually truant” means a student that meets all of the following criteria:</text> <paragraph num="(a)"> <text>The student was age 5 through 20 during the school year;</text> </paragraph> <paragraph num="(b)"> <text>The student was in membership in a school for 91 or more days; and</text> </paragraph> <paragraph num="(c)"> <text>The student was unlawfully absent from school for more than 20 percent of the days in membership.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Local school system” means any of the 24 local school systems in the State.</text> </paragraph> <paragraph num="(5)"> <text>“Positive behavioral interventions and support program (PBIS)” means the research-based, systems approach method adopted by the State Board to:</text> <paragraph num="(a)"> <text>Build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn; and</text> </paragraph> <paragraph num="(b)"> <text>Improve the link between research-validated practices and the environments in which teaching and learning occur.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“School” means any comprehensive public school in which the school population includes any combination of students in prekindergarten through grade 12, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 12.</text> </paragraph> <paragraph num="(7)"> <text>“Suspension rate” means the unduplicated count of students who receive out-of-school suspension as a disciplinary action during a year divided by the September 30 enrollment count.</text> </paragraph> <paragraph num="(8)"> <text>“Truancy rate” means the unduplicated count of students who are “habitually truant” from school during a school year divided by the September 30 enrollment count.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Administrative Procedures — Suspension Rates."> <paragraph num="A."> <text>Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:</text> <paragraph num="(1)"> <text>A PBIS; or</text> </paragraph> <paragraph num="(2)"> <text>An alternative behavioral modification program developed in collaboration with the Department.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds:</text> <paragraph num="(1)"> <text>18 percent of its enrollment for the 2005—2006 school year;</text> </paragraph> <paragraph num="(2)"> <text>16 percent of its enrollment for the 2006—2007 school year;</text> </paragraph> <paragraph num="(3)"> <text>14 percent of its enrollment for the 2007—2008 school year;</text> </paragraph> <paragraph num="(4)"> <text>12 percent of its enrollment for the 2008—2009 school year; and</text> </paragraph> <paragraph num="(5)"> <text>10 percent of its enrollment for the 2009—2010 school year and each school year thereafter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The school principal or the principal's designee and appropriate staff members shall:</text> <paragraph num="(1)"> <text>Develop a plan for implementing a program as set forth in §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Attend PBIS or alternative behavior modification training program approved by the Department; and</text> </paragraph> <paragraph num="(3)"> <text>Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The following apply to an elementary school that has at least one grade beyond grade 5:</text> <paragraph num="(1)"> <text>The suspension rates in §B of this regulation shall apply to students in prekindergarten through grade 5; and</text> </paragraph> <paragraph num="(2)"> <text>PBIS or the alternative behavioral modification program shall focus on students in prekindergarten through grade 5.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.</text> </paragraph> <paragraph num="F."> <text>An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:</text> <paragraph num="(1)"> <text>The elementary school has already implemented a PBIS or an alternative behavior modification program; and</text> </paragraph> <paragraph num="(2)"> <text>The elementary school has a suspension rate that exceeds the standard specified in §B of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Administrative Procedures — Truancy Rates."> <paragraph num="A."> <text>Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:</text> <paragraph num="(1)"> <text>A PBIS; or</text> </paragraph> <paragraph num="(2)"> <text>An alternative behavior modification program developed in collaboration with the Department.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A school is subject to this regulation if it has a truancy rate that exceeds:</text> <paragraph num="(1)"> <text>8 percent of its enrollment for the 2008—2009 school year;</text> </paragraph> <paragraph num="(2)"> <text>6 percent of its enrollment for the 2009—2010 school year;</text> </paragraph> <paragraph num="(3)"> <text>4 percent of its enrollment for the 2010—2011 school year;</text> </paragraph> <paragraph num="(4)"> <text>2 percent of its enrollment for the 2011—2012 school year; and</text> </paragraph> <paragraph num="(5)"> <text>1 percent of its enrollment for the 2012—2013 school year and each school year thereafter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The school principal or the principal's designee and appropriate staff members shall:</text> <paragraph num="(1)"> <text>Develop a plan for implementing a program as set forth in §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Attend PBIS or alternative behavior modification training program approved by the Department; and</text> </paragraph> <paragraph num="(3)"> <text>Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:</text> <paragraph num="(1)"> <text>The school has already implemented a PBIS or an alternative behavior modification program; and</text> </paragraph> <paragraph num="(2)"> <text>The school has a truancy rate that exceeds the standard specified in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-304.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective May 31, 2010 (37:11 Md. R. 766)</annotation> </annotations> </chapter> <chapter num="07" heading="Transfer of Educational Records for Children in State-Supervised Care"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to promote the education and well-being of children in State-supervised care by facilitating:</text> <paragraph num="A."> <text>The prompt enrollment of, placement of, and provision of appropriate services to children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and</text> </paragraph> <paragraph num="B."> <text>The prompt transfer of the educational records of children in State-supervised care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Child in State-Supervised Care.</text> <paragraph num="(a)"> <text>“Child in State-supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.</text> </paragraph> <paragraph num="(b)"> <text>“Child in State-supervised care” does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, §22-308, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>“Education guardian” means the person or entity designated by the court as having educational decision-making authority for the child pursuant to Courts and Judicial Proceedings Article, 3-819(c)(1)(ii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Notice” means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated.</text> </paragraph> <paragraph num="(6)"> <text>Parent.</text> <paragraph num="(a)"> <text>“Parent” means:</text> <paragraph num="(i)"> <text>A child's natural parents;</text> </paragraph> <paragraph num="(ii)"> <text>A child's adoptive parents;</text> </paragraph> <paragraph num="(iii)"> <text>A guardian;</text> </paragraph> <paragraph num="(iv)"> <text>A person acting as a parent of a child such as a relative or a stepparent with whom the child lives;</text> </paragraph> <paragraph num="(v)"> <text>A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or</text> </paragraph> <paragraph num="(vi)"> <text>Any other individual who is legally responsible for a child's welfare.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Parent” does not include a social worker or other employee of a public agency who is responsible for the education or care of the child.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Placement agency” means:</text> <paragraph num="(a)"> <text>A local department of social services;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Department of Health;</text> </paragraph> <paragraph num="(c)"> <text>The Department of Juvenile Services; or</text> </paragraph> <paragraph num="(d)"> <text>A private agency that:</text> <paragraph num="(i)"> <text>Engages in the placement of children in homes or with individuals; and</text> </paragraph> <paragraph num="(ii)"> <text>Is licensed by the Social Services Administration under Family Law Article, §5-507, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Placement or modification of a placement” means a change of the physical residence of a child in State-supervised care.</text> </paragraph> <paragraph num="(9)"> <text>“Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll.</text> </paragraph> <paragraph num="(10)"> <text>“Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling or seeking to enroll in a receiving school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Provisions."> <paragraph num="A."> <text>Notice of Enrollment or Imminent Enrollment.</text> <paragraph num="(1)"> <text>Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.</text> </paragraph> <paragraph num="(2)"> <text>The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall:</text> <paragraph num="(1)"> <text>Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;</text> </paragraph> <paragraph num="(2)"> <text>Request, in writing, the educational records of the child in State-supervised care from the sending school;</text> </paragraph> <paragraph num="(3)"> <text>Provide a copy of the request made under §B(2) of this regulation to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and</text> </paragraph> <paragraph num="(4)"> <text>Inform the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care of the rights set forth in this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>After receiving notice under §B of this regulation, a sending school shall:</text> <paragraph num="(1)"> <text>Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;</text> </paragraph> <paragraph num="(2)"> <text>Immediately inform the receiving school orally of the status of the child in State-supervised care under §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq. or under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and</text> </paragraph> <paragraph num="(3)"> <text>Within 3 school days following receipt of notice from the receiving school, send by regular first-class mail or transmit electronically to the receiving school a copy of:</text> <paragraph num="(a)"> <text>A completed student withdrawal or transfer record of a child in State-supervised care;</text> </paragraph> <paragraph num="(b)"> <text>The academic records of a child in State-supervised care;</text> </paragraph> <paragraph num="(c)"> <text>The discipline records of a child in State-supervised care;</text> </paragraph> <paragraph num="(d)"> <text>The immunization records of a child in State-supervised care; and</text> </paragraph> <paragraph num="(e)"> <text>If applicable, the most recent individualized education program or Section 504 plan and the most recent assessment of a child in State-supervised care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Notwithstanding §C(3) of this regulation, a placement agency or school employee may hand carry the documents listed in §C(3) of this regulation from a sending school to a receiving school.</text> </paragraph> <paragraph num="E."> <text>Nothing in this chapter shall be construed as diminishing the right of a birth parent of a child in State-supervised care to participate in the educational decision making for the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Enrollment Process."> <paragraph num="A."> <text>The persons authorized to enroll a child in State-supervised care in school are:</text> <paragraph num="(1)"> <text>A parent, as defined in Regulation .02B(6) of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>A placement agency caseworker;</text> </paragraph> <paragraph num="(3)"> <text>A foster parent, even if the foster parent has not been granted limited guardianship for educational decision making;</text> </paragraph> <paragraph num="(4)"> <text>A formal kinship care provider;</text> </paragraph> <paragraph num="(5)"> <text>A parent surrogate;</text> </paragraph> <paragraph num="(6)"> <text>An education guardian;</text> </paragraph> <paragraph num="(7)"> <text>A residential child care program representative;</text> </paragraph> <paragraph num="(8)"> <text>The student, if the student is 18 years old or older;</text> </paragraph> <paragraph num="(9)"> <text>A court-appointed special advocate; or</text> </paragraph> <paragraph num="(10)"> <text>A court-appointed attorney.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At the time of enrollment, the person enrolling the child shall:</text> <paragraph num="(1)"> <text>Present documentation to the receiving school that identifies the person as authorized under §A of this regulation to enroll a child;</text> </paragraph> <paragraph num="(2)"> <text>Present photo identification; and</text> </paragraph> <paragraph num="(3)"> <text>Complete a form requesting the enrollment of the student, if the receiving school so requires.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notwithstanding any other enrollment documentation requirements of the receiving school, the receiving school may not require the person enrolling the child to present more than the following:</text> <paragraph num="(1)"> <text>Proof that the child is in State-supervised care, with acceptable documents including:</text> <paragraph num="(a)"> <text>Those parts of the most recent court order that establish legal custody; or</text> </paragraph> <paragraph num="(b)"> <text>A letter on the letterhead of the placement agency that has custody of the child explaining that the child is in State-supervised care; or</text> </paragraph> <paragraph num="(c)"> <text>The receiving school system’s enrollment form signed by a representative of the State Agency having jurisdiction over the child.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Proof of the residency of the child in one of the following ways as chosen by the person authorized under §A of this regulation to enroll the child:</text> <paragraph num="(a)"> <text>A letter from the placement agency with custody of the child, verifying the address of the child's residence, and one of the documents from one of the following groups:</text> <paragraph num="(i)"> <text>A currently dated (within 3 months of the date of enrollment) lease, rent receipts, deed, or property tax bill; or</text> </paragraph> <paragraph num="(ii)"> <text>A currently dated (within 3 months of the date of enrollment) gas and electric bill, water bill, cable bill, online computer services bill, noncellular phone bill; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The documentation of residency required by the receiving school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>It is and remains the responsibility of the sending school system to establish and confirm the residency of the child’s parent or guardian.</text> </paragraph> <paragraph num="E."> <text>Until the sending school system establishes that the child’s parent or guardian has moved out of the sending school system, the parent or guardian is presumed to reside in the sending school system.</text> </paragraph> <paragraph num="F."> <text>The Prince George's County Public School System, pursuant to Education Article, §7-102, Annotated Code of Maryland, may require that a disclosure affidavit be presented at the time of enrollment.</text> </paragraph> <paragraph num="G."> <text>Upon receipt of the documentation required under §C of this regulation, the receiving school shall enroll the child immediately, if possible, but not later than 2 school days from the date of receipt of the documentation.</text> </paragraph> <paragraph num="H."> <text>If not already disenrolled from the sending school, the child is considered disenrolled upon enrollment at the receiving school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-2" heading="Record-Sharing Process."> <paragraph num="A."> <text>Pursuant to the requirements of Regulation .03B of this chapter, the receiving school shall request the child's educational records from the sending school.</text> </paragraph> <paragraph num="B."> <text>Pursuant to the requirements of Regulation .03C of this chapter, the sending school shall send the complete student record as described in the Maryland Student Records System Manual.</text> </paragraph> <paragraph num="C."> <text>If the sending school does not have or does not provide the records and the placement agency has access to them, the placement agency shall provide to the receiving school:</text> <paragraph num="(1)"> <text>If applicable, the IEP or Section 504 Plan;</text> </paragraph> <paragraph num="(2)"> <text>Immunization records;</text> </paragraph> <paragraph num="(3)"> <text>If applicable, a blood lead testing certificate;</text> </paragraph> <paragraph num="(4)"> <text>A birth certificate or other proof of age; and</text> </paragraph> <paragraph num="(5)"> <text>Health records that are educationally relevant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the placement of the child changes during the school year and the child's new address remains within the school boundaries, the placement agency caseworker shall send a letter to the school providing the new address, contact information, and any other relevant information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-3" heading="Post-Enrollment Educational Decision Making."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“General education decisions” means decisions involving nonspecial education services, including, but not limited to:</text> <paragraph num="(i)"> <text>Field trip authorization;</text> </paragraph> <paragraph num="(ii)"> <text>Parent-teacher conferences;</text> </paragraph> <paragraph num="(iii)"> <text>Signing report cards;</text> </paragraph> <paragraph num="(iv)"> <text>Guidance office matters;</text> </paragraph> <paragraph num="(v)"> <text>Choice of academic programs and courses;</text> </paragraph> <paragraph num="(vi)"> <text>Career program choices;</text> </paragraph> <paragraph num="(vii)"> <text>Testing authorization;</text> </paragraph> <paragraph num="(viii)"> <text>Special programs authorization, for example, for sex education or armed forces recruiting;</text> </paragraph> <paragraph num="(ix)"> <text>Choice of magnet school or other nonzoned schools;</text> </paragraph> <paragraph num="(x)"> <text>School health-related decisions;</text> </paragraph> <paragraph num="(xi)"> <text>School discipline;</text> </paragraph> <paragraph num="(xii)"> <text>Sports and other extracurricular participation; and</text> </paragraph> <paragraph num="(xiii)"> <text>Parental options under No Child Left Behind.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Parent surrogate” has the meaning stated in Education Article, §8-412(a)(6), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(c)"> <text>“Special education decisions” means all decisions relating to identification, evaluation, educational placement, or discipline of a child with a disability as defined in Education Article, §8-401, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>General Education Decision Making.</text> <paragraph num="(1)"> <text>The persons authorized to make general education decisions are:</text> <paragraph num="(a)"> <text>A natural parent, if the natural parent retains educational decision-making authority; or</text> </paragraph> <paragraph num="(b)"> <text>The placement agency caseworker, or person designated by the caseworker, such as:</text> <paragraph num="(i)"> <text>A parent, as defined in Regulation .02B(6) of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>An education guardian;</text> </paragraph> <paragraph num="(iii)"> <text>A formal kinship care provider;</text> </paragraph> <paragraph num="(iv)"> <text>A residential child care program representative; or</text> </paragraph> <paragraph num="(v)"> <text>A treatment foster care caseworker.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 10 days of enrollment in school of the child in State-supervised care, the placement agency caseworker with care and custody of the child shall identify and provide contact information to the receiving school concerning which person listed in §B(1) of this regulation is:</text> <paragraph num="(a)"> <text>The primary decision maker for general education decisions; and</text> </paragraph> <paragraph num="(b)"> <text>The secondary decision maker if the primary decision maker is unavailable.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The local school system shall maintain in the student's school record the information provided §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Special Education Decision Making.</text> <paragraph num="(1)"> <text>The persons authorized to make special education decisions is the parent surrogate or the parent as defined in Regulation .02B(6) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The local superintendent shall appoint a parent surrogate in compliance with the requirements and timelines set forth in Education Article, §8-412, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The local school system shall maintain all parent surrogate documentation in the student record.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-4" heading="Coordination."> <paragraph num="A."> <text>In order to establish direct communication channels between the local school system and the placement agency, each local school system and each placement agency shall identify a contact person to address issues of coordination, information sharing, decision making, and problem solving on behalf of children in State-supervised care.</text> </paragraph> <paragraph num="B."> <text>On or before August 15 of each year, each local superintendent shall inform the State Superintendent of Schools of the contact information for the designated contact person. At the beginning of each school year, the State Superintendent shall compile a master list of the contact persons for the school systems and provide the master list to the Director of Social Services at the Department of Human Services.</text> </paragraph> <paragraph num="C."> <text>On or before August 15 of each year, each placement agency shall inform the Director of Social Services of the name and contact information of the placement agency's contact person. The Director of Social Services shall compile a master list and provide it to the State Superintendent of Schools, who will disseminate it to the local superintendents.</text> </paragraph> <paragraph num="D."> <text>To the extent practicable, each local school system shall place the contact information required under this regulation on its website.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Dispute Resolution."> <paragraph num="A."> <text>Each local board of education shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights set forth in this chapter.</text> </paragraph> <paragraph num="B."> <text>Each local board of education shall establish procedures to implement the dispute resolution process that set forth, at a minimum:</text> <paragraph num="(1)"> <text>The requirements for filing a request for dispute resolution;</text> </paragraph> <paragraph num="(2)"> <text>A deadline for the filing of the request; and</text> </paragraph> <paragraph num="(3)"> <text>Reasonable time frames for completion of the other aspects of the dispute resolution process.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The dispute resolution process shall be completed within 20 school days after the request for dispute resolution is filed.</text> </paragraph> <paragraph num="D."> <text>Each local board of education shall provide notice to children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the right to file a request for dispute resolution.</text> </paragraph> <paragraph num="E."> <text>During the dispute resolution process, the child in State-supervised care shall remain enrolled in the receiving school.</text> </paragraph> <paragraph num="F."> <text>The receiving school shall provide appropriate educational services, including the implementation of an existing individualized education program, for a child in State-supervised care who is the subject of a dispute.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Assurance."> <paragraph num="A."> <text>Each local board of education and noncollegiate educational institution shall take reasonable measures to implement this chapter.</text> </paragraph> <paragraph num="B."> <text>Each local board of education shall certify annually in writing to the State Superintendent of Schools that:</text> <paragraph num="(1)"> <text>The local board has provided notice to:</text> <paragraph num="(a)"> <text>Principals, teachers, and other school personnel in the school system of the requirements set forth in this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights set forth in this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Other interested parties of the requirements and rights set forth in this chapter; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The local board is in compliance with the requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The State Superintendent of Schools shall require a local board to take corrective action for failure to comply with the requirements of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="School Stability."> <paragraph num="A."> <text>Scope. Children in foster care are children in State-supervised care to whom special provisions apply under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and under Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland. The purpose of this regulation is to implement the educational stability requirements of those laws.</text> </paragraph> <paragraph num="B."> <text>Terms Defined. In this regulation, the following terms have the meaning indicated:</text> <paragraph num="(1)"> <text>“Child welfare agency” means local department of social services or Department of Juvenile Services.</text> </paragraph> <paragraph num="(2)"> <text>“Enroll” and “enrollment” means attending classes and participating fully in school activities.</text> </paragraph> <paragraph num="(3)"> <text>Foster Child.</text> <paragraph num="(a)"> <text>“Foster child” means a child in the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services;</text> </paragraph> <paragraph num="(b)"> <text>“Foster child” does not include a child awaiting foster care placement as defined in COMAR 13A.05.09.02B or a child in any of the following placements:</text> <paragraph num="(i)"> <text>A detention facility;</text> </paragraph> <paragraph num="(ii)"> <text>A forestry camp;</text> </paragraph> <paragraph num="(iii)"> <text>A training school;</text> </paragraph> <paragraph num="(iv)"> <text>A State-owned and State-operated facility that accommodates more than 25 children; or</text> </paragraph> <paragraph num="(v)"> <text>Any other facility operated primarily for the detention of children who are determined to be delinquent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Receiving school” means the school serving the geographic attendance area where the child welfare agency has placed the foster child.</text> </paragraph> <paragraph num="(5)"> <text>“Receiving school system” means the local school system serving the jurisdiction where the child welfare agency has placed the foster child.</text> </paragraph> <paragraph num="(6)"> <text>“School of origin” means the school the foster child attended prior to the most recent change in placement by the child welfare agency.</text> </paragraph> <paragraph num="(7)"> <text>“School system of origin” means the local school system serving the jurisdiction where the school of origin is located.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In accordance with Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland, the local school system superintendent of the school of origin shall allow a foster child to remain enrolled in the school of origin unless the child welfare agency responsible for the child provides notice to the principal of the school of origin and the Fostering Connections liaison in the receiving school system that it is not in the best interests of the child to remain enrolled in the school of origin, pursuant to the procedures set forth in COMAR 07.02.11.12B.</text> </paragraph> <paragraph num="D."> <text>If the child welfare agency has determined that it is not in the best interests of the foster child to remain at the school of origin, the receiving school shall immediately enroll the child once a person authorized to enroll the child initiates the enrollment.</text> </paragraph> <paragraph num="E."> <text>The receiving school shall immediately enroll the foster child even if the child welfare agency is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.</text> </paragraph> <paragraph num="F."> <text>Notwithstanding any other enrollment documentation requirements of the receiving school, at the time of enrollment the receiving school may not require the person authorized to enroll the foster child to present more than documentation that the child is in the care of the child welfare agency and a written statement of the address where the child has been placed.</text> </paragraph> <paragraph num="G."> <text>The school of origin shall transmit the foster child’s educational records to the receiving school in accordance with Education Article, §8-504, Annotated Code of Maryland, and Regulation .03 of this chapter upon receipt of notice from the receiving school that the child is attending school there.</text> </paragraph> <paragraph num="H."> <text>Transportation to School of Origin.</text> <paragraph num="(1)"> <text>If the foster child remains enrolled in the school of origin, the receiving school system shall provide transportation for the foster child to attend the school of origin based on a written agreement with the child welfare agency for reimbursement of the transportation costs, unless the child welfare agency decides that it will provide the transportation.</text> </paragraph> <paragraph num="(2)"> <text>The receiving local school system shall provide the child welfare agency with documentation of transportation reimbursement rates.</text> </paragraph> <paragraph num="(3)"> <text>Section H(1) of this regulation may not:</text> <paragraph num="(a)"> <text>Preclude the child welfare agency from making its own transportation arrangements, including arrangements with the school system of origin if it is different than the receiving school system; or</text> </paragraph> <paragraph num="(b)"> <text>Excuse the child welfare agency from its obligation to provide transportation to the foster child in the absence of an agreement with the receiving school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Fostering Connections Liaison.</text> <paragraph num="(1)"> <text>Each local school system shall designate an individual as the Fostering Connections liaison.</text> </paragraph> <paragraph num="(2)"> <text>The Fostering Connections liaison for the school system of origin shall consult with the child welfare agency about whether it is in the best interests of the foster child to continue the child's education at the school of origin.</text> </paragraph> <paragraph num="(3)"> <text>The Fostering Connections liaison for the local school system where the foster child will attend school after a change in placement and best interests determination shall:</text> <paragraph num="(a)"> <text>Coordinate with the child welfare agency regarding enrollment;</text> </paragraph> <paragraph num="(b)"> <text>If the foster child transfers schools, facilitate the transfer of the child’s educational records from the school of origin to the receiving school; and</text> </paragraph> <paragraph num="(c)"> <text>Communicate with the child welfare agency regarding the foster child’s attendance and performance at school.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the child welfare agency arranges transportation with the receiving school system, the Fostering Connections liaison for the receiving school system will serve as the initial school system contact to help facilitate transportation arrangements.</text> </paragraph> <paragraph num="(5)"> <text>The Fostering Connections liason for each local school system shall communicate the educational stability requirements of the Fostering Connections to Success and Increasing Adoptions Act of 2008 to appropriate school personnel.</text> </paragraph> <paragraph num="(6)"> <text>The Fostering Connections liaison may be the same individual who serves as the homeless education coordinator for the local school system.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-206, 4-122, 7-101, and 8-501—8-506, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2006 (33:17 Md. R. 1437)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1 adopted effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1 amended effective February 18, 2013 (40:3 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-2 adopted effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-3 adopted effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-4 adopted effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective January 7, 2016 (42:26 Md. R. 1596)</annotation> </annotations> </chapter> </subtitle> <subtitle num="09" heading="Nonpublic Schools"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Use of Names."> <paragraph num="A."> <text>An individual, partnership, group, association, cooperative, or corporation may not use the name “preschool”, “school”, “institute”, or “academy” or word of like meaning, in such manner as to connote the offering of a high school, junior high or middle school, elementary school, kindergarten, nursery school program, or any combination thereof, unless the individual, partnership, group, association, cooperative, or corporation shall have first obtained a certificate of approval from the State Board of Education in the manner provided by the law.</text> </paragraph> <paragraph num="B."> <text>This regulation does not apply to bona fide church organizations or to individuals or entities who offer or arrange for instruction solely for avocational purposes.</text> </paragraph> <paragraph num="C."> <text>This regulation does not apply to a school or institution operated by the federal government or any state, county, or municipal agency or division of these.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Repealed." /> <regulation prefix="Regulation" num=".03" heading="Tentative Approval."> <text>It shall be the policy of the State Board of Education to approve certain schools on a temporary basis for periods of 1 year or more pending final approval. This approval shall have the same force as full approval. The school will be under very close observation during this temporary period.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-206, and 2-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 31, 1966</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective December 7, 1992 (19:24 Md. R. 2127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 10, 1989 (16:13 Md. R. 1423)</annotation> </annotations> </chapter> <chapter num="02" heading="Academic Schools" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1964</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective June 12, 1981 (8:12 Md. R. 1064)</annotation> </annotations> </chapter> <chapter num="03" heading="Standards for Nonpublic Nursery Schools and Kindergartens" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 31, 1972</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective June 12, 1981 (8:12 Md. R. 1064)</annotation> </annotations> </chapter> <chapter num="04" heading="Standards for Nonpublic Elementary Schools" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 31, 1972</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective June 12, 1981 (8:12 Md. R. 1064)</annotation> </annotations> </chapter> <chapter num="05" heading="Standards for Nonpublic Secondary Schools" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 26, 1970</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective June 12, 1981 (8:12 Md. R. 1064)</annotation> </annotations> </chapter> <chapter num="06" heading="Nonpublic Tutoring Schools" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 7, 1964</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed effective January 26, 1987 (14:2 Md. R. 130)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 adopted effective January 26, 1987 (14:2 Md. R. 130)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01B, .02B, .04, .05, .06, .07C and D, .08B, and .10C amended</annotation> <annotation type="History" subtype="Administrative History">effective January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective April 1, 1991 (18:6 Md. R. 688)</annotation> </annotations> </chapter> <chapter num="07" heading="Standards for Nonpublic Schools for the Handicapped" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 5, 1975 (2:9 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Condition of the AELR Committee for emergency status published at 2:10 Md. R. 751</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 31, 1988 (15:22 Md. R. 2558)</annotation> </annotations> </chapter> <chapter num="08" heading="Nursery School Programs and Kindergarten Programs Operating Within a Nonpublic Group Day Care Center" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 25, 1986 (13:17 Md. R. 1924)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02B, .04, .05H, .06, .07C, and .08 amended effective January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01--.09 repealed effective February 3, 1992 (19:2 Md. R. 155)</annotation> </annotations> </chapter> <chapter num="09" heading="Educational Programs in Nonpublic Schools"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>This chapter is established for issuing a Certificate of Approval by the State Board to a legal authority, excluding the federal government or any State, county, or municipal agency or division of these, to operate an educational program in a nonpublic kindergarten, elementary school, and secondary school.</text> </paragraph> <paragraph num="B."> <text>A school, except a school operated by a bona fide church organization, may not operate without a Certificate of Approval from the State Board.</text> </paragraph> <paragraph num="C."> <text>School Operated by a Bona Fide Church Organization.</text> <paragraph num="(1)"> <text>A bona fide church organization that chooses to operate a school as exempt from the requirement to hold a Certificate of Approval shall provide to the Department the following:</text> <paragraph num="(a)"> <text>A completed church exempt registration form; and</text> </paragraph> <paragraph num="(b)"> <text>Documentation that establishes the legal existence of the bona fide church organization.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A bona fide church organization that chooses to apply for a Certificate of Approval from the State Board to operate a school shall apply for approval of the entire educational program of the school, including any consecutive sequence of nursery school, kindergarten, grades 1—12, or all of these.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Distance Learning. A school that uses distance learning for any part of or the entire educational program shall comply with the requirements of this chapter.</text> </paragraph> <paragraph num="E."> <text>This chapter does not apply to:</text> <paragraph num="(1)"> <text>A school or educational program that is governed and operated by the federal government or any State, county, or municipal agency or division of these;</text> </paragraph> <paragraph num="(2)"> <text>A school or educational program that is governed and operated by a bona fide church organization that registers the operation of the school as exempt from the requirement to hold a Certificate of Approval;</text> </paragraph> <paragraph num="(3)"> <text>Apprenticeship and on-the-job training programs that are subject to the approval of the Apprenticeship and Training Council;</text> </paragraph> <paragraph num="(4)"> <text>Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits;</text> </paragraph> <paragraph num="(5)"> <text>Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools;</text> </paragraph> <paragraph num="(6)"> <text>Individuals or entities that supervise home instruction provided by the parent or guardian of a child;</text> </paragraph> <paragraph num="(7)"> <text>Individuals or entities that operate a small center licensed by the Department;</text> </paragraph> <paragraph num="(8)"> <text>Individuals or entities that operate a family day care home registered with the Department;</text> </paragraph> <paragraph num="(9)"> <text>Individuals or entities that operate a Department licensed school age center that offers before school or after school child care, or both of these;</text> </paragraph> <paragraph num="(10)"> <text>Individuals or entities that operate a Department licensed child care center except for such an individual or entity that chooses to operate an educational program in conjunction with the child care center;</text> </paragraph> <paragraph num="(11)"> <text>Individuals or entities that offer a program for children younger than 3 years old; or</text> </paragraph> <paragraph num="(12)"> <text>Individuals or entities that plan to offer special education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual report” means the report a legal authority of a school is required to file each year with the Department by which the chief officer of the legal authority certifies the status of the compliance of the school with the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Certificate of Approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if a school has met the requirements of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Child care center” means a facility that holds a current child care center license issued by the Department.</text> </paragraph> <paragraph num="(4)"> <text>“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.</text> </paragraph> <paragraph num="(5)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(6)"> <text>“Educational program” means an organized program of instruction in English, language arts, mathematics, science, social studies, and, as applicable, courses for which secondary school credit is granted, and Montessori areas of instruction, provided by teachers to students enrolled in any consecutive sequence of kindergarten, or grades 1—12, or all of these.</text> </paragraph> <paragraph num="(7)"> <text>“Elementary school” means an educational program for students in any grade or consecutive sequence of grades 1—8.</text> </paragraph> <paragraph num="(8)"> <text>“Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.</text> </paragraph> <paragraph num="(9)"> <text>“Kindergarten” means an educational program for students who meet the age of eligibility date for enrollment in kindergarten in compliance with Regulation .10C(3) of this chapter.</text> </paragraph> <paragraph num="(10)"> <text>“Legal authority” means the nonpublic entity registered as active with the Maryland Department of Assessments and Taxation that is responsible for governing and operating a school.</text> </paragraph> <paragraph num="(11)"> <text>“Montessori” means an educational program based on the educational philosophy of Dr. Maria Montessori that is validated by a Department-recognized Montessori validating organization that considers, at a minimum, the elements of teacher qualifications, written curriculum, instructional methods, and materials.</text> </paragraph> <paragraph num="(12)"> <text>“School” means an educational program that is provided for an organized group of students, at least two of whom do not have the same parents or legal guardians and at least two of whom are not being instructed on a regular daily basis by the students' parents or legal guardians, that is governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency or division of these.</text> </paragraph> <paragraph num="(13)"> <text>“School day” means the period of time when a school is regularly scheduled to be open for students who are required to be in attendance for an educational program.</text> </paragraph> <paragraph num="(14)"> <text>“Secondary school” means an educational program for students in grade 9, 10, or 11, or in any consecutive sequence of grades 9—12.</text> </paragraph> <paragraph num="(15)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(16)"> <text>“Student” means an individual to whom a teacher provides instruction.</text> </paragraph> <paragraph num="(17)"> <text>“Teacher” means an individual who provides instruction to students in a class in an educational program as defined in §B(6) of this regulation and who meets the requirements of Regulation .06B of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Certificate of Approval for the Educational Program."> <paragraph num="A."> <text>The legal authority applying for a Certificate of Approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter. The information shall be submitted in accordance with time lines established by the Department.</text> </paragraph> <paragraph num="B."> <text>A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the requirements of this chapter have been met.</text> </paragraph> <paragraph num="C."> <text>A Certificate of Approval shall be limited to the following specifications recorded on it:</text> <paragraph num="(1)"> <text>Name of the school;</text> </paragraph> <paragraph num="(2)"> <text>Location of the school;</text> </paragraph> <paragraph num="(3)"> <text>The legal authority responsible for governing and operating the school; and</text> </paragraph> <paragraph num="(4)"> <text>Classification of the educational program to include one or a consecutive sequence of the following:</text> <paragraph num="(a)"> <text>Kindergarten;</text> </paragraph> <paragraph num="(b)"> <text>Elementary school with the grade or grades specified;</text> </paragraph> <paragraph num="(c)"> <text>Secondary school with the grade or grades specified; and</text> </paragraph> <paragraph num="(d)"> <text>Montessori.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A legal authority shall operate a school in a manner that is consistent with the specifications recorded on the Certificate of Approval issued by the State Board to the legal authority to operate the school.</text> </paragraph> <paragraph num="E."> <text>A legal authority shall post the Certificate of Approval of the school in a conspicuous place on the premises to which it applies.</text> </paragraph> <paragraph num="F."> <text>If a legal authority intends to change to the specifications recorded on its Certificate of Approval, the legal authority shall:</text> <paragraph num="(1)"> <text>Notify the Department in writing at least 60 days before the occurrence of any change or changes;</text> </paragraph> <paragraph num="(2)"> <text>Furnish such information as the State Board considers necessary to approve the change or changes planned by the legal authority; and</text> </paragraph> <paragraph num="(3)"> <text>Certify compliance with this chapter on forms provided by the Department.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A legal authority may not seek approval of a change in the specifications recorded on the Certificate of Approval of a school under any one or combination of the following circumstances:</text> <paragraph num="(1)"> <text>The school demonstrates an area or areas of noncompliance;</text> </paragraph> <paragraph num="(2)"> <text>The school has not filed its annual report with the Department;</text> </paragraph> <paragraph num="(3)"> <text>The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or</text> </paragraph> <paragraph num="(4)"> <text>The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Notwithstanding the requirement established in §G of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.</text> </paragraph> <paragraph num="I."> <text>A legal authority may not implement a change under §F of this regulation until the State Board has issued a Certificate of Approval reflecting the change.</text> </paragraph> <paragraph num="J."> <text>A legal authority may not sell, transfer, pledge, or alter a Certificate of Approval.</text> </paragraph> <paragraph num="K."> <text>A legal authority shall inform the Department in writing at least 30 days before it ceases operating an educational program.</text> </paragraph> <paragraph num="L."> <text>A Certificate of Approval becomes void if the legal authority:</text> <paragraph num="(1)"> <text>Ceases operating the educational program;</text> </paragraph> <paragraph num="(2)"> <text>Is ordered by the State Board to cease operating the educational program and does not appeal that decision; or</text> </paragraph> <paragraph num="(3)"> <text>Is ordered by the State Board to cease operating the educational program and that decision is upheld through the administrative review process.</text> </paragraph> </paragraph> <paragraph num="M."> <text>The legal authority of a school that has ceased operating shall return the Certificate of Approval of the school to the Department.</text> </paragraph> <paragraph num="N."> <text>Montessori.</text> <paragraph num="(1)"> <text>Effective September 1, 2009, any new Montessori educational program shall submit a validating document from a Department-recognized Montessori validating organization.</text> </paragraph> <paragraph num="(2)"> <text>Any Montessori educational program holding a Certificate of Approval issued prior to September 1, 2009 shall submit a validating document from a Department-recognized validating organization by July 1, 2015 in order to maintain the Montessori program recognition.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compliance."> <paragraph num="A."> <text>A legal authority shall comply with this chapter as the condition for maintaining a Certificate of Approval issued by the State Board.</text> </paragraph> <paragraph num="B."> <text>The chief officer of the legal authority of a school shall provide all certifications and other documentation required by this chapter.</text> </paragraph> <paragraph num="C."> <text>Annual Report. Each year the chief officer of the legal authority of a school shall certify the status of the compliance of the school with this chapter by submitting the completed annual report provided by the Department.</text> </paragraph> <paragraph num="D."> <text>Open for Inspection. A school shall be open for inspection by the State Superintendent of Schools or designee for the following reasons:</text> <paragraph num="(1)"> <text>To verify compliance with this chapter for the purpose of initial issuance of a Certificate of Approval;</text> </paragraph> <paragraph num="(2)"> <text>To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter;</text> </paragraph> <paragraph num="(3)"> <text>To determine compliance with this chapter if the Department considers it necessary and appropriate by virtue of specific circumstances; and</text> </paragraph> <paragraph num="(4)"> <text>To implement procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice of Noncompliance. If a school does not demonstrate compliance with the requirements of this chapter, the Department shall provide written notice of the school's noncompliance to its legal authority. The notice of noncompliance shall contain the following information:</text> <paragraph num="(1)"> <text>The regulation or regulations with which the school does not demonstrate compliance;</text> </paragraph> <paragraph num="(2)"> <text>The fact or facts that demonstrate the school's noncompliance with each regulation;</text> </paragraph> <paragraph num="(3)"> <text>The action or actions the school is required to take to demonstrate compliance with each regulation; and</text> </paragraph> <paragraph num="(4)"> <text>The date by which the school is required to demonstrate compliance with each regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Notice of Continuing Noncompliance. When the Department has sent the legal authority of a school a notice of noncompliance pursuant to §E of this regulation and the school fails to comply with §E(3) and (4) of this regulation, the Department shall provide written notice of the school's continuing noncompliance to its legal authority. The written notice of continuing noncompliance shall contain the following information:</text> <paragraph num="(1)"> <text>The regulation or regulations with which the school continues to fail to demonstrate compliance;</text> </paragraph> <paragraph num="(2)"> <text>The fact or facts that demonstrate the school's continuing noncompliance with each regulation;</text> </paragraph> <paragraph num="(3)"> <text>The action or actions the school is required to take to demonstrate compliance with each regulation;</text> </paragraph> <paragraph num="(4)"> <text>The date by which the school was required to demonstrate compliance as specified in the notice of noncompliance; and</text> </paragraph> <paragraph num="(5)"> <text>A statement that continuing failure of the school to demonstrate compliance may result in the Department taking one or more of the following actions on or after a specified date:</text> <paragraph num="(a)"> <text>Publication of the noncompliance of the school on the website of the Department;</text> </paragraph> <paragraph num="(b)"> <text>Publication of the noncompliance of the school in newspapers of general circulation; or</text> </paragraph> <paragraph num="(c)"> <text>Implementation of Procedures and Sanctions for Noncompliance established in Regulation .12 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>A legal authority that holds a Certificate of Approval to operate a school may not apply for a Certificate of Approval to operate another school if the school for which the legal authority currently holds a Certificate of Approval is not in compliance with this chapter.</text> </paragraph> <paragraph num="H."> <text>Nondiscrimination. The chief officer of the legal authority shall certify on the form provided by the Department that it does not practice discrimination based upon race, color, or national origin as specified in Education Article, §2-206(e)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="I."> <text>Criminal Background Check. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for a criminal background check as specified in Family Law Article, Title 5, and Education Article, §2-206.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="J."> <text>Child Abuse Reporting. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for reporting suspected child abuse as specified in Family Law Article, Title 5, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Statement of Purposes."> <paragraph num="A."> <text>A school shall have a written statement of purposes.</text> </paragraph> <paragraph num="B."> <text>A school shall give annually to the parents or legal guardians of prospective and enrolled students a copy of its written statement of purposes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Personnel Requirements."> <paragraph num="A."> <text>Administrative Head.</text> <paragraph num="(1)"> <text>A school shall have an administrative head at the school who is responsible for the day to day administration of the school.</text> </paragraph> <paragraph num="(2)"> <text>An individual hired as the administrative head of a school on or after June 1, 2004 at a minimum shall meet the standards established in §B(2)(a) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A school shall have a written position description that states the duties and responsibilities of the administrative head of the school.</text> </paragraph> <paragraph num="(4)"> <text>The administrative head of a school shall have sufficient time during each school day to carry out the duties and responsibilities stated in the written position description of the administrative head of the school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Teachers.</text> <paragraph num="(1)"> <text>A school shall have a teacher to implement the educational program in each class.</text> </paragraph> <paragraph num="(2)"> <text>A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A teacher who provides instruction in English language arts, mathematics, science, social studies, and courses for which secondary school credit is granted, shall hold, at a minimum, one of the following credentials:</text> <paragraph num="(a)"> <text>A bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>A bachelor's degree equivalent as determined by an independent agency authorized to evaluate foreign credentials that is designated by the Department.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An individual who provides assistance to a teacher in a class is not required to meet the requirement of §B(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Written Statement of Teacher Qualifications.</text> <paragraph num="(1)"> <text>A school shall maintain a written statement of the qualifications of each teacher who implements the educational program.</text> </paragraph> <paragraph num="(2)"> <text>A school shall give annually to the parents or legal guardians of prospective and enrolled students its written statement of the qualifications of each teacher who implements the educational program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Educational Program."> <paragraph num="A."> <text>Program.</text> <paragraph num="(1)"> <text>The educational program of a school shall operate consistently with its statement of purposes.</text> </paragraph> <paragraph num="(2)"> <text>Based on the classification specified on the Certificate of Approval of a school, a school shall maintain at the school a written curriculum of its educational program for the following areas of instruction:</text> <paragraph num="(a)"> <text>English, language arts, mathematics, science, and social studies for kindergarten and each grade; and</text> </paragraph> <paragraph num="(b)"> <text>Secondary school courses for which credit is issued.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school shall implement its written curriculum as specified in §A(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instructional Materials and Equipment.</text> <paragraph num="(1)"> <text>A school shall maintain at the school instructional materials and equipment required to implement the written curriculum of the school as specified in §A(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A school shall own the instructional materials and equipment required to implement the written curriculum of the school.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Library Media Collection.</text> <paragraph num="(1)"> <text>A school shall maintain at the school a library media collection to support and supplement the implementation of the written curriculum of the school as specified in §A(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A school shall own the library media collection required to support and supplement the implementation of the written curriculum of the school.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Ratio of Students to Teachers or Average Class Size.</text> <paragraph num="(1)"> <text>A school shall have a written statement of its ratio of students to teachers or its average class size for the implementation of its educational program.</text> </paragraph> <paragraph num="(2)"> <text>A school shall give annually to parents or legal guardians of prospective and enrolled students the written statement of its ratio of students to teachers or average class size.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Student Records for Kindergartens and Elementary Schools."> <paragraph num="A."> <text>A school shall maintain a cumulative record for each student enrolled.</text> </paragraph> <paragraph num="B."> <text>Each student record shall include the following:</text> <paragraph num="(1)"> <text>School's name;</text> </paragraph> <paragraph num="(2)"> <text>School's location address;</text> </paragraph> <paragraph num="(3)"> <text>School's telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(5)"> <text>Student's month, day, and year of birth;</text> </paragraph> <paragraph num="(6)"> <text>Student's home address;</text> </paragraph> <paragraph num="(7)"> <text>Month, day, and year the student initially entered;</text> </paragraph> <paragraph num="(8)"> <text>Grade upon enrollment;</text> </paragraph> <paragraph num="(9)"> <text>Month, day, and year the student withdrew;</text> </paragraph> <paragraph num="(10)"> <text>Student's performance information in each curricular area;</text> </paragraph> <paragraph num="(11)"> <text>Code for the meaning of performance information; and</text> </paragraph> <paragraph num="(12)"> <text>Number of days of attendance in each school year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Requirements for Secondary Schools."> <paragraph num="A."> <text>Credits Required for Graduation.</text> <paragraph num="(1)"> <text>Beginning with the 2004—2005 school year and thereafter, a student entering grade 9 shall earn a minimum of 21 credits for secondary school graduation.</text> </paragraph> <paragraph num="(2)"> <text>A school shall require 12 credits as follows:</text> <paragraph num="(a)"> <text>Four credits in English language arts;</text> </paragraph> <paragraph num="(b)"> <text>Two credits in social studies to include at least one credit in U. S. History; and</text> </paragraph> <paragraph num="(c)"> <text>Six credits in science and mathematics to include at least two science credits and two mathematics credits.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school shall require nine additional credits in accordance with its written policy regarding graduation requirements.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Written Policy Regarding Credits Required for Graduation.</text> <paragraph num="(1)"> <text>A secondary school shall have a written policy regarding the credits required for secondary school graduation.</text> </paragraph> <paragraph num="(2)"> <text>A secondary school shall give annually to parents or legal guardians of prospective and enrolled students its written policy regarding the credits required for secondary school graduation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Definition of a Unit of Credit.</text> <paragraph num="(1)"> <text>A secondary school shall have a written statement that defines a unit of credit and any partial unit of credit granted by the school.</text> </paragraph> <paragraph num="(2)"> <text>A secondary school shall give annually to parents or legal guardians of prospective and enrolled students its written statement that defines a unit of credit and any partial unit of credit granted by the school.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Transcript.</text> <paragraph num="(1)"> <text>A secondary school shall be prepared to present as a separate document a transcript of the secondary school record of each student for each year of enrollment that includes the following:</text> <paragraph num="(a)"> <text>School's name;</text> </paragraph> <paragraph num="(b)"> <text>School's location address;</text> </paragraph> <paragraph num="(c)"> <text>School's telephone number;</text> </paragraph> <paragraph num="(d)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(e)"> <text>Student's month, day, and year of birth;</text> </paragraph> <paragraph num="(f)"> <text>Student's home address;</text> </paragraph> <paragraph num="(g)"> <text>Credits and grades earned in each subject area;</text> </paragraph> <paragraph num="(h)"> <text>Code for the meaning of the grading system;</text> </paragraph> <paragraph num="(i)"> <text>Designation of transfer credits accepted by the school and name of the school originally granting each credit;</text> </paragraph> <paragraph num="(j)"> <text>Month, day, and year the student initially entered;</text> </paragraph> <paragraph num="(k)"> <text>Grade upon enrollment;</text> </paragraph> <paragraph num="(l)"> <text>Month, day, and year the student withdrew or graduated; and</text> </paragraph> <paragraph num="(m)"> <text>Number of days of attendance in each school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A secondary school shall maintain permanently the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.</text> </paragraph> <paragraph num="(3)"> <text>Before a secondary school ceases operation, the legal authority of the school shall file with the Department, in alphabetical order, the original or a legible copy of the secondary school transcript for each student who has been enrolled in the school.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Diploma. The diploma of a secondary school may not imply that the requirements for graduation from a Maryland public secondary school have been met.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Administrative Practices."> <paragraph num="A."> <text>Schedule of the School Day.</text> <paragraph num="(1)"> <text>A school shall have a written schedule that states the beginning and end of the school day and the specific time periods during the school day when the required areas of instruction are implemented.</text> </paragraph> <paragraph num="(2)"> <text>A school shall give annually to parents or legal guardians of prospective and enrolled students the written schedule of its school day.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Calendar of the School Year.</text> <paragraph num="(1)"> <text>A school shall have a written calendar that states the specific days and the total number of days for the implementation of its educational program.</text> </paragraph> <paragraph num="(2)"> <text>The calendar for a kindergarten, elementary school, or secondary school shall provide for at least 170 days for the implementation of the educational program.</text> </paragraph> <paragraph num="(3)"> <text>When a student enrolls and annually thereafter, a school shall give its written school year calendar to parents or legal guardians of each student.</text> </paragraph> <paragraph num="(4)"> <text>A school shall include 3 to 5 additional school days, based on local weather patterns, in its school year calendar to ensure that the 170-day school year requirement is met.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Admissions.</text> <paragraph num="(1)"> <text>A school shall have a written policy regarding the criteria for admission to the school that at a minimum shall be consistent with §C(3) of this regulation, as applicable.</text> </paragraph> <paragraph num="(2)"> <text>A school shall give to parents or legal guardians of prospective students its written policy regarding the criteria for admission to the school.</text> </paragraph> <paragraph num="(3)"> <text>Kindergarten.</text> <paragraph num="(a)"> <text>A child shall be 5 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a kindergarten program approved under this chapter.</text> </paragraph> <paragraph num="(b)"> <text>A school may adopt policies and procedures permitting a 4-year-old child to be admitted to kindergarten, upon request by the parent or guardian, if the school determines that the child demonstrates capabilities warranting early admission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Public Relations Information. The public relations information of a school, by whatever means provided, shall be accurate and may not be erroneous or misleading, either by actual statement, omission, or reasonable inference.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Health, Fire Safety, and Zoning."> <paragraph num="A."> <text>Health, Fire Safety, and Zoning Approvals. A school shall obtain and maintain documentation verifying compliance with health, fire safety, and zoning regulations applicable to a nonpublic school as follows:</text> <paragraph num="(1)"> <text>Before issuance of a Certificate of Approval, a legal authority shall submit written documentation to the Department on Department forms verifying that the location and facility where the educational program will be provided are in compliance with health, fire safety, and zoning regulations applicable to a nonpublic school;</text> </paragraph> <paragraph num="(2)"> <text>A school shall maintain the most current documentation verifying that the location and facility where the educational program is provided are in compliance with health, fire safety, and zoning regulations applicable to a nonpublic school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Living Space of a Private Residence. A school may not be approved to operate in the living space of a private residence.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Procedures and Sanctions for Noncompliance."> <paragraph num="A."> <text>If a school has serious areas of noncompliance or demonstrates a pattern of noncompliance with the conditions or standards on which the Certificate of Approval was based, the Department may place the school on intensive monitoring, which may include:</text> <paragraph num="(1)"> <text>Announced and unannounced site visits;</text> </paragraph> <paragraph num="(2)"> <text>Monitoring at the Department; or</text> </paragraph> <paragraph num="(3)"> <text>Requests for documentation pertaining to requirements under this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Following placement on intensive monitoring, if a school continues to fail to meet the conditions or standards on which its Certificate of Approval was based, the State Board shall give the legal authority written notice of the deficiencies and order the legal authority to correct the deficiencies of the school within a period of not less than 30 calendar days.</text> </paragraph> <paragraph num="C."> <text>Deficiencies; Hearings and Appeal Process.</text> <paragraph num="(1)"> <text>A legal authority may request a hearing to challenge the notice of deficiencies if the legal authority files a written request with the State Board within 20 calendar days of receipt of the notice.</text> </paragraph> <paragraph num="(2)"> <text>If a legal authority requests a hearing, the legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> <paragraph num="(3)"> <text>If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with Regulation .12E of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Following a hearing, if the State Board finds that the conditions or standards on which the Certificate of Approval was based are not met, the State Board may issue an order to the legal authority to cease operating the educational program.</text> </paragraph> <paragraph num="(5)"> <text>If a legal authority does not request a hearing and fails to correct the specified deficiencies of the school within the period set by the State Board, the State Board may issue an order to the legal authority to cease operating the educational program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Revocation; Hearing and Appeal Process.</text> <paragraph num="(1)"> <text>The State Board shall revoke the Certificate of Approval of a nonpublic school that knowingly hires or retains an individual in violation of Education Article, §2-206.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Before revoking a school's Certificate of Approval, the State Board shall notify the legal authority of the school of the charges, and advise the legal authority of the right to request a hearing within 20 calendar days following receipt of the charges.</text> </paragraph> <paragraph num="(3)"> <text>If the legal authority does not request a hearing, the State Board shall issue an order to the legal authority to cease operating the educational program.</text> </paragraph> <paragraph num="(4)"> <text>If the legal authority requests a hearing before the State Board, the legal authority shall include the reasons for the request and any evidence that supports it.</text> </paragraph> <paragraph num="(5)"> <text>The legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> <paragraph num="(6)"> <text>If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with Regulation .12E of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Office of Administrative Hearings.</text> <paragraph num="(1)"> <text>The hearing procedures for appeals referred by the State Board to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.</text> </paragraph> <paragraph num="(2)"> <text>The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.</text> </paragraph> <paragraph num="(3)"> <text>The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Exceptions.</text> <paragraph num="(1)"> <text>A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 10 calendar days of receipt of the findings. A party may respond to the exceptions within 10 calendar days of receipt of the exceptions.</text> </paragraph> <paragraph num="(2)"> <text>If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Final Decision. The State Board shall make the final decision in all cases dealing with the revocation of a Certificate of Approval. The final decision shall be in writing and contain findings of fact and conclusions of law.</text> </paragraph> <paragraph num="H."> <text>The legal authority of a school has the right to judicial review of a State Board determination under this regulation as provided by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Schools Serving Students with Special Education Needs."> <text>Regulations for schools offering special education are found in COMAR 13A.09.10.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-102, 2-205, 2-206, 2-206.1, 2-304, 7-301, 7-302, and 7-405; Family Law Article, §§5-561 and 5-704; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 20, 1981 (8:6 Md. R. 562)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 26, 1985 (12:17 Md. R. 1707); January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04B—D. .05H, .06, .07B, .08D—H, .09B, .10C, .12, .13A, and .14C amended effective January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective December 31, 1984 (11:26 Md. R. 2280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted effective August 30, 1982 (9:17 Md. R. 1710)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14 repealed and new Regulations .01—.14 adopted effective February 3, 1992 (19:2 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D adopted effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 20, 1998 (25:8 Md. R. 598); September 2, 2002 (29:17 Md. R. 1381)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C, D amended and F adopted effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C, D amended effective September 2, 2002 (29:17 Md. R. 1381)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, B amended effective April 20, 1998 (25:8 Md. R. 598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C and D adopted effective February 3, 1992 (19:2 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulations .15—.22 adopted effective October 31, 1988 (15:22 Md. R. 2558)</annotation> <annotation type="History" subtype="Administrative History">Regulations .15—.22 repealed and new Regulation .15 adopted effective March 29, 1993 (20:5 Md. R. 582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18C amended effective February 3, 1992 (19:2 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.15 repealed and new Regulations .01—.13 adopted effective March 29, 2004 (31:6 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03N adopted effective January 1, 2010 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04K repealed effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective January 1, 2010 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1275); amended permanently effective November 23, 2006 (33:23 Md. R. 1796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 repealed and new Regulation .12 adopted effective January 1, 2010 (36:21 Md. R. 1593)</annotation> </annotations> </chapter> <chapter num="10" heading="Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>This chapter is established to set standards for issuing an approval document by the State Board of Education to an entity, excluding the federal government or any State, county, or municipal agency, or division of these, which is responsible for governing and operating a school that provides a Type I, Type II, or Type III educational program, or any combination of these, as defined in this chapter, in a facility licensed by a unit of State government to provide treatment or care, or both.</text> </paragraph> <paragraph num="B."> <text>This chapter also applies to educational programs that provide special education to children placed in a nonpublic school in accordance with Education Article, §8-406, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>This chapter does not apply to a school or educational program that offers an organized program of instruction in a trade that requires licensure of its practitioners.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Adult basic education” means an educational program provided by a teacher to qualified students who do not meet the pre-GED program entry criteria and for whom it is anticipated that entry into a GED TESTS preparation program will be the appropriate means for earning a high school diploma.</text> </paragraph> <paragraph num="(2)"> <text>“ALT-MSA” means assessments designed to measure the performance of students with the most significant cognitive disabilities who are unable to participate in the general education assessments used by the local school systems, even with accommodations, as determined by the IEP team of the student.</text> </paragraph> <paragraph num="(3)"> <text>“Annual report” means the report a legal authority of a school is required to file each year with the Department by which the chief officer of the legal authority certifies the status of the compliance of the school with the requirements of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“Approval document” means a Letter of Tentative Approval or a Certificate of Approval issued by the State Board to a legal authority responsible for the governance and operation of an educational program.</text> </paragraph> <paragraph num="(5)"> <text>“Career development educational program” means an organized program of instruction consisting of a sequence of noncredit courses with an industry focus that prepares students for career opportunities and is provided by a teacher to students in a school that holds an approval document authorizing operation of a pre-GED program or a GED TESTS program or both.</text> </paragraph> <paragraph num="(6)"> <text>“Certificate of Approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if a school has demonstrated a pattern of compliance with the requirements of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of the educational program.</text> </paragraph> <paragraph num="(8)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(9)"> <text>“Diagnostic-prescriptive educational program” means an educational program that is implemented by a teacher who provides a comprehensive assessment of a student's strengths and weaknesses and a specific plan for amelioration of assessed weaknesses.</text> </paragraph> <paragraph num="(10)"> <text>Educational Program.</text> <paragraph num="(a)"> <text>“Educational program” means any one or combination of two or more of the following:</text> <paragraph num="(i)"> <text>An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students enrolled in nursery school, kindergarten, grades 1—12, or any consecutive sequence of these;</text> </paragraph> <paragraph num="(ii)"> <text>An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students in an adult basic education program;</text> </paragraph> <paragraph num="(iii)"> <text>An organized program of instruction that is provided by a teacher to students in a pre-GED program;</text> </paragraph> <paragraph num="(iv)"> <text>An organized program of instruction that is provided by a teacher to students in a GED TESTS preparation program;</text> </paragraph> <paragraph num="(v)"> <text>An organized program of instruction that is provided by a teacher to students in a career development educational program;</text> </paragraph> <paragraph num="(vi)"> <text>An organized program of instruction that is provided by a teacher to students in a technology educational program;</text> </paragraph> <paragraph num="(vii)"> <text>An organized program of instruction continuing implementation of the public school program that is provided by a teacher to students and implemented for an average of 60 school days or fewer;</text> </paragraph> <paragraph num="(viii)"> <text>An organized program of special education that is provided by a teacher and related services providers to students based on the individualized education program of each student; or</text> </paragraph> <paragraph num="(ix)"> <text>An organized diagnostic-prescriptive educational program.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Educational program” does not mean an organized program of instruction in a trade that requires licensure of its practitioners.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Elementary school” means an educational program that is provided by a teacher to students in any grade or consecutive sequence of kindergarten and grades 1—8, consisting of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.</text> </paragraph> <paragraph num="(12)"> <text>“Full day special education and related services” means a special education program and related services that are provided by a teacher and a related services provider to students whose IEPs require that the entire school day be in a special education program that meets the special education standards established in this chapter.</text> </paragraph> <paragraph num="(13)"> <text>“General educational development test preparation program (GED TESTS)” means an educational program that:</text> <paragraph num="(a)"> <text>Is provided by a teacher to students; and</text> </paragraph> <paragraph num="(b)"> <text>Prepares students to take the GED TESTS for the purpose of earning a Maryland high school diploma issued by the State Board.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Individualized education program (IEP)” means a written description of the educational program for a student with a disability that is developed, reviewed, and revised in accordance with COMAR 13A.05.01.</text> </paragraph> <paragraph num="(15)"> <text>“Individualized education program team (IEP team)” means a group of individuals responsible for:</text> <paragraph num="(a)"> <text>Identifying and evaluating students with disabilities in accordance with COMAR 13A.05.01;</text> </paragraph> <paragraph num="(b)"> <text>Developing, reviewing, or revising an IEP for a student with a disability in accordance with COMAR 13A.05.01; and</text> </paragraph> <paragraph num="(c)"> <text>Determining the placement of a student with a disability in the least restrictive environment in accordance with COMAR 13A.05.01.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Institution of Higher Education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.</text> </paragraph> <paragraph num="(17)"> <text>“Intensive monitoring” means frequent monitoring of a school by the Department that occurs if the Department determines that a school has demonstrated serious, uncorrected areas of noncompliance with this chapter, or ongoing noncompliance with this chapter, or both.</text> </paragraph> <paragraph num="(18)"> <text>“Kindergarten” means an educational program that:</text> <paragraph num="(a)"> <text>Is provided by a teacher to students who meet the age of eligibility date for enrollment in kindergarten established in Regulation .09D of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Consists of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Legal authority” means a nonpublic entity, officially registered as active with the Maryland Department of Assessments and Taxation, that is responsible for governing and operating the school.</text> </paragraph> <paragraph num="(20)"> <text>“Letter of Tentative Approval” means an initial approval document issued by the Department that authorizes the legal authority to begin operation of a school.</text> </paragraph> <paragraph num="(21)"> <text>“Local school system” means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities.</text> </paragraph> <paragraph num="(22)"> <text>“Maryland High School Certificate of Program Completion” has the meaning stated in COMAR 13A.03.02.</text> </paragraph> <paragraph num="(23)"> <text>“Nongraded educational program” means a program of special education and related services that is provided by a teacher to students for whom the instruction requires extensive and substantial modification.</text> </paragraph> <paragraph num="(24)"> <text>“Nursery school” means an educational program that is provided by a teacher to students who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.</text> </paragraph> <paragraph num="(25)"> <text>“Parent” has the meaning stated in COMAR 13A.05.01.</text> </paragraph> <paragraph num="(26)"> <text>“Partial day special education and related services” means an educational program that is provided by a teacher to students who are enrolled in a general education program and whose IEPs require that the students be enrolled in a special education program for less than the entire school day.</text> </paragraph> <paragraph num="(27)"> <text>“Personal education plan (PEP)” means a written description of a student's general education program and includes an IEP for an identified student with a disability or disabilities.</text> </paragraph> <paragraph num="(28)"> <text>“Pregeneral educational development (pre-GED) program” means an educational program that is provided by a teacher to qualified students:</text> <paragraph num="(a)"> <text>Who do not meet the GED TESTS program entry criteria; and</text> </paragraph> <paragraph num="(b)"> <text>For whom it is expected that entry into a GED TESTS preparation program will be the appropriate means for earning a Maryland high school diploma issued by the State Board.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Related services” has the meaning stated in COMAR 13A.05.01.</text> </paragraph> <paragraph num="(30)"> <text>“Residential special education and related services” means an educational program of special education and related services that is provided by a teacher and other staff to students whose IEPs require that the entire 24-hour day be in a special education program.</text> </paragraph> <paragraph num="(31)"> <text>“Responsible local school system” means:</text> <paragraph num="(a)"> <text>The local school system that referred a student for placement in a school providing a special education program; or</text> </paragraph> <paragraph num="(b)"> <text>In the absence of a local school system referral, the service providing local education agency as defined in Education Article, §4-122, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(32)"> <text>“School” means an educational program that is:</text> <paragraph num="(a)"> <text>Provided by a teacher to an organized group of students, at least two of whom do not have the same parent and at least two of whom are not being instructed on a regular daily basis by the student's parent; and</text> </paragraph> <paragraph num="(b)"> <text>Governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency, or any division of these.</text> </paragraph> </paragraph> <paragraph num="(33)"> <text>“School day” means the period of time when a school is regularly scheduled to be open for students who are required to be in attendance for an educational program.</text> </paragraph> <paragraph num="(34)"> <text>“Secondary school” means an educational program that:</text> <paragraph num="(a)"> <text>Is provided by a teacher to students in any one or consecutive sequence of grades 9—12;</text> </paragraph> <paragraph num="(b)"> <text>Consists of instruction in English language arts, mathematics, science, social studies, and other curricular areas required for earning a secondary school diploma.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Secondary school credit” means the credit:</text> <paragraph num="(a)"> <text>That is issued by a secondary school upon successful completion of all course work requirements; and</text> </paragraph> <paragraph num="(b)"> <text>Whose validity is comparable to the credit issued by a Maryland public high school.</text> </paragraph> </paragraph> <paragraph num="(36)"> <text>“Secondary school diploma” means the document:</text> <paragraph num="(a)"> <text>That is issued by a secondary school upon successful completion of all graduation requirements as described in these regulations; and</text> </paragraph> <paragraph num="(b)"> <text>Whose validity is the same as a Maryland high school diploma.</text> </paragraph> </paragraph> <paragraph num="(37)"> <text>“Special education” has the meaning stated in COMAR 13A.05.01.</text> </paragraph> <paragraph num="(38)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(39)"> <text>“Student” means an individual 2 through 21 years old who is enrolled in an educational program and who has not earned a nonpublic secondary school diploma, or a diploma or certificate as specified in COMAR 13A.03.02.</text> </paragraph> <paragraph num="(40)"> <text>“Student with a disability” has the meaning stated in COMAR 13A.05.01.</text> </paragraph> <paragraph num="(41)"> <text>“Teacher” means an individual, employed by a school, who provides instruction to students and meets the requirements for a teacher as described in this chapter.</text> </paragraph> <paragraph num="(42)"> <text>“Technology educational program” means an organized program of instruction that consists of a sequence of noncredit courses with an industry focus that:</text> <paragraph num="(a)"> <text>Provides students with instruction in the evolution, systems, techniques, utilization, and social and cultural significance of technology; and</text> </paragraph> <paragraph num="(b)"> <text>Is provided by a teacher to students in a school holding an approval document authorizing operation of a pre-GED program or GED TESTS preparation program, or both.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Approval Documents for the Educational Program."> <paragraph num="A."> <text>Application for Approval.</text> <paragraph num="(1)"> <text>The legal authority applying for approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The information shall be submitted in accordance with time lines established by the Department.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A Letter of Tentative Approval, whose validity period may not exceed 3 years, shall be issued to the legal authority to begin operation of a school when the Department is satisfied that the school has met the requirements of this chapter.</text> </paragraph> <paragraph num="C."> <text>A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the school has demonstrated ongoing compliance with this chapter within a period of time not to exceed the first 3 years of operation.</text> </paragraph> <paragraph num="D."> <text>The approval document is limited to the following specifications as recorded on it:</text> <paragraph num="(1)"> <text>Name of the school;</text> </paragraph> <paragraph num="(2)"> <text>Location of the school;</text> </paragraph> <paragraph num="(3)"> <text>Name of the legal authority; and</text> </paragraph> <paragraph num="(4)"> <text>Classification of the educational program to include:</text> <paragraph num="(a)"> <text>Type I, or Type II general or special education program, or both, to include one or more of the following:</text> <paragraph num="(i)"> <text>Nursery school with ages specified;</text> </paragraph> <paragraph num="(ii)"> <text>Kindergarten;</text> </paragraph> <paragraph num="(iii)"> <text>Elementary school with grades specified;</text> </paragraph> <paragraph num="(iv)"> <text>Secondary school with grades specified;</text> </paragraph> <paragraph num="(v)"> <text>Adult basic education program;</text> </paragraph> <paragraph num="(vi)"> <text>Pre-GED program;</text> </paragraph> <paragraph num="(vii)"> <text>GED TESTS preparation program;</text> </paragraph> <paragraph num="(viii)"> <text>Career development educational program;</text> </paragraph> <paragraph num="(ix)"> <text>Technology educational program;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Special education and related services that include one or a combination of the following:</text> <paragraph num="(i)"> <text>Full-day special education and related services;</text> </paragraph> <paragraph num="(ii)"> <text>Partial-day special education and related services;</text> </paragraph> <paragraph num="(iii)"> <text>Residential special education and related services;</text> </paragraph> <paragraph num="(iv)"> <text>Disability or disabilities of students;</text> </paragraph> <paragraph num="(v)"> <text>Nursery school with ages specified;</text> </paragraph> <paragraph num="(vi)"> <text>Kindergarten;</text> </paragraph> <paragraph num="(vii)"> <text>Elementary school with grades specified;</text> </paragraph> <paragraph num="(viii)"> <text>Secondary school with grades specified;</text> </paragraph> <paragraph num="(ix)"> <text>Nongraded educational program to include the ages of the students enrolled;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Type III general education program to include one or more of the following:</text> <paragraph num="(i)"> <text>Nursery school with ages specified;</text> </paragraph> <paragraph num="(ii)"> <text>Kindergarten or grades 1—12, or any consecutive sequence of these that continue implementation of a student's public school program;</text> </paragraph> <paragraph num="(iii)"> <text>Diagnostic-prescriptive educational program;</text> </paragraph> <paragraph num="(iv)"> <text>Pre-GED program; or</text> </paragraph> <paragraph num="(v)"> <text>GED TESTS preparation program.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A legal authority shall operate a school in a manner that is consistent with the specifications as recorded on the Letter of Tentative Approval or Certificate of Approval issued to the legal authority.</text> </paragraph> <paragraph num="F."> <text>A legal authority may not assign, transfer, or alter its approval document without the approval of the State Board.</text> </paragraph> <paragraph num="G."> <text>A school shall post its approval document in a conspicuous place on the premises to which it applies.</text> </paragraph> <paragraph num="H."> <text>If a legal authority is planning a change in operation that is inconsistent with the specifications recorded on its approval document, the legal authority shall:</text> <paragraph num="(1)"> <text>Notify the Department in writing at least 60 calendar days before the intended change to the specifications recorded on its approval document;</text> </paragraph> <paragraph num="(2)"> <text>Furnish information that the State Board considers necessary to approve the change planned by the legal authority; and</text> </paragraph> <paragraph num="(3)"> <text>Certify compliance with this chapter on forms provided by the Department.</text> </paragraph> </paragraph> <paragraph num="I."> <text>A legal authority may not implement a change in operation of the school under §D of this regulation until the State Board has issued an approval document reflecting the change.</text> </paragraph> <paragraph num="J."> <text>A legal authority may not seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school under any one or a combination of the following circumstances:</text> <paragraph num="(1)"> <text>The school demonstrates an area or areas of noncompliance;</text> </paragraph> <paragraph num="(2)"> <text>The school has not filed its annual report with the Department;</text> </paragraph> <paragraph num="(3)"> <text>The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or</text> </paragraph> <paragraph num="(4)"> <text>The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Notwithstanding the requirement established in §J of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.</text> </paragraph> <paragraph num="L."> <text>A legal authority shall inform the Department in writing at least 30 calendar days before the educational program ceases operating.</text> </paragraph> <paragraph num="M."> <text>The approval document of a school is void if the legal authority:</text> <paragraph num="(1)"> <text>Ceases operating the educational program;</text> </paragraph> <paragraph num="(2)"> <text>Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and the legal authority does not appeal that order;</text> </paragraph> <paragraph num="(3)"> <text>Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and that decision is upheld through the judicial review process; or</text> </paragraph> <paragraph num="(4)"> <text>Is not registered as active with the Maryland Department of Assessments and Taxation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compliance."> <paragraph num="A."> <text>A legal authority shall comply with this chapter as the condition for maintaining an approval document issued by the State Board.</text> </paragraph> <paragraph num="B."> <text>Annual Report. A legal authority shall certify compliance with this chapter on the annual report form provided by the Department. A legal authority shall file this annual form with the Department according to the date determined by the Department.</text> </paragraph> <paragraph num="C."> <text>Open for Inspection. A school shall be open for inspection by the State Superintendent of Schools or designee for the following reasons:</text> <paragraph num="(1)"> <text>To determine compliance with this chapter for the purpose of initial issuance of an approval document;</text> </paragraph> <paragraph num="(2)"> <text>To monitor a school's ongoing compliance with this chapter;</text> </paragraph> <paragraph num="(3)"> <text>To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter;</text> </paragraph> <paragraph num="(4)"> <text>To determine compliance with this chapter if the Department considers it necessary and appropriate because of specific circumstances; and</text> </paragraph> <paragraph num="(5)"> <text>To conduct intensive monitoring of a school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedures and Sanctions for Noncompliance."> <paragraph num="A."> <text>If a school has serious areas of noncompliance or demonstrates a pattern of noncompliance with the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based, the Department may place the school on intensive monitoring, which shall include referral to the Department's Division of Special Education /Early Intervention Services for cessation of the State share of nonpublic tuition assistance under Education Article, §8-406, Annotated Code of Maryland, if appropriate, and may include:</text> <paragraph num="(1)"> <text>Announced and unannounced site visits;</text> </paragraph> <paragraph num="(2)"> <text>Monitoring at the Department; or</text> </paragraph> <paragraph num="(3)"> <text>Requests for documentation pertaining to requirements under this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Procedures on Finding of Deficiencies.</text> <paragraph num="(1)"> <text>Following placement on intensive monitoring, if a school continues to fail to meet the conditions or standards on which its Certificate of Approval or Letter of Tentative Approval was based, the State Board shall give the legal authority written notice of the deficiencies and order the legal authority to correct the deficiencies of the school within a period of not less than 30 calendar days.</text> </paragraph> <paragraph num="(2)"> <text>A legal authority may request a hearing to challenge the notice of deficiencies if the legal authority files a written request with the State Board within 20 calendar days of receipt of the notice.</text> </paragraph> <paragraph num="(3)"> <text>If a legal authority requests a hearing, the legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> <paragraph num="(4)"> <text>If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with Regulation .05E of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>Following a hearing, if the State Board finds that the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based are not met, the State Board may issue an order to the legal authority to cease operating the educational program.</text> </paragraph> <paragraph num="(6)"> <text>If a legal authority does not request a hearing and fails to correct the specified deficiencies of the school within the period set by the State Board, the State Board may issue an order to the legal authority to cease operating the educational program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Revocation of Certificate of Approval or Letter of Tentative Approval.</text> <paragraph num="(1)"> <text>The State Board shall revoke the Certificate of Approval or Letter of Tentative Approval of a nonpublic school that knowingly hires or retains an individual in violation of Education Article, §2-206.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Before revoking a school's Certificate of Approval or Letter of Tentative Approval, the State Board shall notify the legal authority of the charges and advise the legal authority of the right to request a hearing within 20 calendar days following receipt of the charges.</text> </paragraph> <paragraph num="(3)"> <text>If the legal authority does not request a hearing, the State Board shall issue an order to the legal authority to cease operating the educational program.</text> </paragraph> <paragraph num="(4)"> <text>If the legal authority requests a hearing before the State Board, the legal authority shall include the reasons for the request and any evidence that supports them.</text> </paragraph> <paragraph num="(5)"> <text>The legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> <paragraph num="(6)"> <text>If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Hearing Procedures.</text> <paragraph num="(1)"> <text>The hearing procedures for appeals referred by the State Board to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §§10-201—10-226, Annotated Code of Maryland, and with COMAR 28.02.</text> </paragraph> <paragraph num="(2)"> <text>The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.</text> </paragraph> <paragraph num="(3)"> <text>The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties.</text> </paragraph> <paragraph num="(4)"> <text>A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 10 calendar days of receipt of the findings. A party may respond to the exceptions within 10 calendar days of receipt of the exceptions.</text> </paragraph> <paragraph num="(5)"> <text>If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.</text> </paragraph> <paragraph num="(6)"> <text>The State Board shall make the final decision in all cases dealing with the revocation of a Certificate of Approval or Letter of Tentative Approval. The final decision shall be in writing and contain findings of fact and conclusions of law.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A school has the right to judicial review of a State Board determination under this regulation as provided by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Certifications of Compliance."> <paragraph num="A."> <text>The legal authority of a school shall certify that the school is in compliance with the requirements for:</text> <paragraph num="(1)"> <text>A criminal background check as specified in Family Law Article, Title 5, Subtitle 5, and Education Article, §2-206.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Reporting suspected child abuse and neglect as specified in Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>Nondiscrimination based on race, color, or national origin as specified in Education Article, §2-206(e)(3), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The legal authority shall certify compliance with §A(1)—(3) of this regulation on forms provided by the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Health, Fire Safety, and Zoning."> <paragraph num="A."> <text>Before issuance of an approval document, a legal authority shall submit documentation on Department forms from the responsible approval or licensing authorities that verifies that the location and facilities to be used by the school are in compliance with applicable health, fire safety, and zoning regulations.</text> </paragraph> <paragraph num="B."> <text>For continued approval, a school shall maintain valid documentation of compliance with applicable health, fire safety, and zoning regulations for the location and facilities used by the school.</text> </paragraph> <paragraph num="C."> <text>A school that operates at a location licensed by another unit of State government to provide care or treatment, or both, shall meet the following requirements:</text> <paragraph num="(1)"> <text>For initial approval, a legal authority shall submit a copy of the valid license issued by another unit of State government for the location and facilities to be used by the school; and</text> </paragraph> <paragraph num="(2)"> <text>For continued approval, a school shall maintain a copy of the valid license issued by another unit of State government for the location and facilities used by the school.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A school that operates at a location other than the location licensed by another unit of State government to provide care or treatment, or both, shall meet the following requirements:</text> <paragraph num="(1)"> <text>For initial approval, and as a condition of occupancy of a facility used by a school, a legal authority shall submit written documentation on Department forms from the responsible approval or licensing authorities that verifies that the location and facilities to be used by the school are in compliance with applicable health, fire safety, and zoning regulations; and</text> </paragraph> <paragraph num="(2)"> <text>For continued approval, a school shall maintain valid documentation of compliance with applicable health, fire safety, and zoning regulations for the location and facilities used by the school.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Private Residence. A school may not be approved to operate in a private residence.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Public Relations Information."> <text>The public relations information of a school, by whatever means provided, shall be accurate, and may not be erroneous or misleading, by actual statement, omission, or inference.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Type I Educational Program—General Requirements."> <paragraph num="A."> <text>A Type I educational program is one or a combination of the following instructional programs provided by a school, on the grounds of the school, on a full-time basis to students who are enrolled in the instructional program of the school:</text> <paragraph num="(1)"> <text>Nursery school, kindergarten, elementary school, secondary school, or a consecutive sequence of these;</text> </paragraph> <paragraph num="(2)"> <text>Adult basic education;</text> </paragraph> <paragraph num="(3)"> <text>Pre-GED program;</text> </paragraph> <paragraph num="(4)"> <text>GED TESTS preparation program;</text> </paragraph> <paragraph num="(5)"> <text>Career development educational program;</text> </paragraph> <paragraph num="(6)"> <text>Technology educational program;</text> </paragraph> <paragraph num="(7)"> <text>Special education and related services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Description of the Educational Program.</text> <paragraph num="(1)"> <text>A school shall have a written description of its educational program prepared as a single narrative that includes the following:</text> <paragraph num="(a)"> <text>A statement of the purpose or goals toward which the educational program's efforts are directed;</text> </paragraph> <paragraph num="(b)"> <text>The name of the legal authority;</text> </paragraph> <paragraph num="(c)"> <text>Identifying information to include the name of the school, address of the school, and telephone number of the school;</text> </paragraph> <paragraph num="(d)"> <text>Table of organization or organizational chart to include:</text> <paragraph num="(i)"> <text>The name of the legal authority;</text> </paragraph> <paragraph num="(ii)"> <text>The governing board of the educational program, if applicable;</text> </paragraph> <paragraph num="(iii)"> <text>The specific structure and components of the educational program; and</text> </paragraph> <paragraph num="(iv)"> <text>If applicable, any other program components governed and operated by the same legal authority at the same location;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Student enrollment capacity and characteristics, including age, gender, and disability, if applicable;</text> </paragraph> <paragraph num="(f)"> <text>Educational program or programs provided;</text> </paragraph> <paragraph num="(g)"> <text>Staff positions employed to implement the educational program, including related services staff and residential staff in special education programs as applicable; and</text> </paragraph> <paragraph num="(h)"> <text>Description of the physical facilities used by the school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A school's written description of its educational program shall be distributed to public agency placement officials.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Student-to-Teacher Ratio.</text> <paragraph num="(1)"> <text>A teacher shall implement the educational program for each class.</text> </paragraph> <paragraph num="(2)"> <text>With the exception of a full-day special education or residential special education program, a school may not assign more than ten students to one full-time certified teacher unless the Department approves a written justification that provides an educationally sound basis for the increased number.</text> </paragraph> <paragraph num="(3)"> <text>With the exception of a full-day special education or residential special education program, a school shall assign a full-time aide to each class of students enrolled in a nursery school or kindergarten.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Admissions Criteria.</text> <paragraph num="(1)"> <text>A school shall have a written statement of admissions criteria that includes, but is not limited to, the following components:</text> <paragraph num="(a)"> <text>Age;</text> </paragraph> <paragraph num="(b)"> <text>Gender;</text> </paragraph> <paragraph num="(c)"> <text>Disability or disabilities, if applicable;</text> </paragraph> <paragraph num="(d)"> <text>Academic performance levels;</text> </paragraph> <paragraph num="(e)"> <text>Behavioral characteristics;</text> </paragraph> <paragraph num="(f)"> <text>Behavior or other characteristics that would preclude admission; and</text> </paragraph> <paragraph num="(g)"> <text>Grade or grades.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Kindergarten.</text> <paragraph num="(a)"> <text>A child who will be 5 years old or older on September 1 is age eligible for enrollment in a kindergarten program.</text> </paragraph> <paragraph num="(b)"> <text>A school may adopt policies and procedures permitting a 4-year-old child to be admitted to kindergarten, upon the request of the parent or guardian, if the school determines that the child demonstrates capabilities warranting early admission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Admission of Students with an IEP in a General Education Program. A school shall maintain and implement policies and procedures for the admission of a student with special education needs into a general education program, as outlined in the Department's “Policies and Procedures for Educating a Student with an individualized education program (IEP) in a Type I or Type III Nonpublic General Education Program Approved under COMAR 13A.09.10”.</text> </paragraph> <paragraph num="(4)"> <text>On an annual basis, a school shall distribute its written statement of the criteria for admission to the school to the placement unit of each agency placing a student in the educational program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Type I Educational Program—Student Records and PEP."> <paragraph num="A."> <text>Student Records.</text> <paragraph num="(1)"> <text>A school shall have on file the previous student record of each student enrolled who was previously enrolled in a public or nonpublic school.</text> </paragraph> <paragraph num="(2)"> <text>Before enrolling a student, a school shall review the student record maintained by the school the student attended most recently to assist in determining the appropriate program placement or grade placement, or both, within the educational program.</text> </paragraph> <paragraph num="(3)"> <text>If the previous student record of a student is not available before enrollment, a school shall document, within 5 school days of placement, at least two attempts to acquire the previous school record of each student.</text> </paragraph> <paragraph num="(4)"> <text>A school shall maintain student record information on a standard form for each student, which includes all of the following:</text> <paragraph num="(a)"> <text>School's name;</text> </paragraph> <paragraph num="(b)"> <text>School's location address;</text> </paragraph> <paragraph num="(c)"> <text>School's telephone number;</text> </paragraph> <paragraph num="(d)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(e)"> <text>Month, day, and year of student's birth;</text> </paragraph> <paragraph num="(f)"> <text>Student's home address;</text> </paragraph> <paragraph num="(g)"> <text>Month, day, and year student initially entered; and</text> </paragraph> <paragraph num="(h)"> <text>Month, day, and year student withdrew.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A school shall maintain student record information in a standard format for each student, which includes all of the following:</text> <paragraph num="(a)"> <text>Student's specific days of attendance;</text> </paragraph> <paragraph num="(b)"> <text>Student's performance information based on the student's IEP, or grades in each curricular area, or both, as applicable;</text> </paragraph> <paragraph num="(c)"> <text>Code for the meaning of the performance information, or grades, or both, as applicable;</text> </paragraph> <paragraph num="(d)"> <text>Student's PEP or IEP, or both, as applicable; and</text> </paragraph> <paragraph num="(e)"> <text>Student's grade placement.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A school shall give a copy of the complete student record of each student as specified in §A(4) and (5) of this regulation to the representative of the placing agency of each student upon discharge from the school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Personal Education Plan (PEP).</text> <paragraph num="(1)"> <text>A PEP shall be developed for each student who is enrolled in an educational program that is not a full-day or residential special education program.</text> </paragraph> <paragraph num="(2)"> <text>The PEP shall include all of the following:</text> <paragraph num="(a)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(b)"> <text>Student's gender;</text> </paragraph> <paragraph num="(c)"> <text>Month, day, and year of student's birth;</text> </paragraph> <paragraph num="(d)"> <text>Projected beginning month, day, and year and ending month and year for implementation of PEP;</text> </paragraph> <paragraph num="(e)"> <text>Grade level of student's performance in reading and mathematics;</text> </paragraph> <paragraph num="(f)"> <text>Standardized tests or diagnostic tests, or both, used to determine grade level of a student's performance in reading and mathematics and month, day, and year of administration;</text> </paragraph> <paragraph num="(g)"> <text>Educational program or programs in which a student is enrolled as specified in Regulation .09A of this chapter;</text> </paragraph> <paragraph num="(h)"> <text>Schedule of student's classes and teachers;</text> </paragraph> <paragraph num="(i)"> <text>Specific secondary school credits earned, if applicable;</text> </paragraph> <paragraph num="(j)"> <text>Summary of Maryland test requirements determined by the State that have been met, and those that have not been met, as applicable;</text> </paragraph> <paragraph num="(k)"> <text>Transition plan to prepare a student for specific further education or training, or employment, or independent living, or any combination of these;</text> </paragraph> <paragraph num="(l)"> <text>Month, day, and year of PEP development;</text> </paragraph> <paragraph num="(m)"> <text>Signature of individual who prepared the PEP; and</text> </paragraph> <paragraph num="(n)"> <text>IEP of student, if applicable.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The current PEP and IEP, as applicable, of each student shall be available in the classroom or classrooms of each student.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Type I Educational Program—Behavior Management."> <paragraph num="A."> <text>As appropriate, a school that provides general education services shall maintain a comprehensive document that includes a complete statement of the school's behavior management policies and procedures.</text> </paragraph> <paragraph num="B."> <text>The behavior management policies and procedures of a school that provides general education services shall:</text> <paragraph num="(1)"> <text>Address all aspects of behavior management policies and procedures implemented by the school;</text> </paragraph> <paragraph num="(2)"> <text>Provide clear direction to staff regarding the implementation of the behavior management policies and procedures of the school; and</text> </paragraph> <paragraph num="(3)"> <text>Include, but not be limited to, the following:</text> <paragraph num="(a)"> <text>A description of each behavior management technique used by the school;</text> </paragraph> <paragraph num="(b)"> <text>The specific forms to be completed to document implementation of each specific behavior management practice;</text> </paragraph> <paragraph num="(c)"> <text>Methods used to train staff in implementing behavior management practices and a schedule for training staff;</text> </paragraph> <paragraph num="(d)"> <text>Procedures for notifying the parent or the local school system, or both, regarding the implementation of specific practices; and</text> </paragraph> <paragraph num="(e)"> <text>Procedures for reviewing behavior management data and the purpose of such reviews.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A school that provides special education services shall develop and implement policies and procedures for the following areas:</text> <paragraph num="(1)"> <text>The use and documentation of student behavior interventions, including exclusion, restraint, and seclusion;</text> </paragraph> <paragraph num="(2)"> <text>Monitoring the use of exclusion, restraint, and seclusion; and</text> </paragraph> <paragraph num="(3)"> <text>Receiving and investigating complaints regarding the use of exclusion, restraint, and seclusion as required by COMAR 13A.08.04.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Type I Educational Program—Privacy Rights."> <paragraph num="A."> <text>For the purpose of §B of this regulation, when a student becomes 18 years old, the rights accorded to and consent required of the parent of the student shall be accorded to and required only of the eligible student, consistent with Education Article, §8-412.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Protecting Right of Privacy of Students.</text> <paragraph num="(1)"> <text>A school shall have written policies and procedures on protecting the right of privacy of students and their parents relative to access to, and release of, records of individual students.</text> </paragraph> <paragraph num="(2)"> <text>The written policies and procedures under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>A policy statement assuring that all records pertaining to a student are available to the student's parent for inspection or review;</text> </paragraph> <paragraph num="(b)"> <text>Procedures to be followed by a parent who requests to inspect and review the records of his or her child;</text> </paragraph> <paragraph num="(c)"> <text>A policy statement assuring that the school may not disclose personally identifiable information from a student's record without prior written consent of the student's parent unless otherwise allowed by law;</text> </paragraph> <paragraph num="(d)"> <text>Procedures by which the school shall maintain a written record of requests for, and disclosure of, personally identifiable information from a student's record that includes the first, middle, and last name of the student, the name of the reviewer, the month, day, and year of the review, and the purpose of the review; and</text> </paragraph> <paragraph num="(e)"> <text>Procedures for informing the parent of these policies and procedures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A school's written policies and procedures on protecting the right of privacy of students and their parents specified in §B of this regulation may not abrogate the privacy rights of a student or the parent of the student under applicable federal and State law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Type I Educational Program—Instructional Materials and Equipment/Library Media Collection."> <paragraph num="A."> <text>Instructional Materials and Equipment.</text> <paragraph num="(1)"> <text>A school shall maintain instructional materials and equipment of sufficient variety, quantity, and quality, and, at an appropriate range of reading levels, to implement its educational program in each curricular area for each age, grade, instructional program, or any combination of these, based on the classification of the educational program specified on the approval document of the school.</text> </paragraph> <paragraph num="(2)"> <text>The instructional materials and equipment shall be the property of the school.</text> </paragraph> <paragraph num="(3)"> <text>Instructional materials shall include print, manipulative, audiovisual, and electronic materials and related equipment.</text> </paragraph> <paragraph num="(4)"> <text>A school shall maintain a written inventory of instructional materials and equipment owned by the school to implement the educational program specified on the approval document of the school.</text> </paragraph> <paragraph num="(5)"> <text>A school shall maintain written policies and procedures for continual upgrading of its instructional materials and equipment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Library Media Collection.</text> <paragraph num="(1)"> <text>A school shall maintain a library media collection that includes sufficient variety, quantity, and quality of print and nonprint items, including electronic materials and related equipment, at appropriate reading levels to support and supplement its educational program in each curricular area for each age, grade, or instructional program, or a combination of these, based on the classification of the educational program specified on the approval document of the school.</text> </paragraph> <paragraph num="(2)"> <text>The library media collection is the property of the school.</text> </paragraph> <paragraph num="(3)"> <text>A school shall maintain a minimum quantity of library media materials and equipment based on its current enrollment as follows:</text> <paragraph num="(a)"> <text>Ten different items per student for a nursery school or kindergarten educational program, or both;</text> </paragraph> <paragraph num="(b)"> <text>500 different items for a school with 24 or fewer students;</text> </paragraph> <paragraph num="(c)"> <text>750 different items for a school with 25 to 75 students, or 20 items per student, whichever is greater; and</text> </paragraph> <paragraph num="(d)"> <text>1,500 different items for a school with more than 75 students, or 20 items per student, whichever is greater.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A school shall classify and catalogue the library media collection in a manner that is appropriate for student use, and so that each item can be located and returned to the collection.</text> </paragraph> <paragraph num="(5)"> <text>A new school shall have at least 1/3 of the required collection at the beginning of the first year of operation and a written plan that specifies the number of items, kinds of items, budget, and date for acquiring the remaining items not later than the beginning of the third year of operation.</text> </paragraph> <paragraph num="(6)"> <text>A school shall maintain a written inventory of the items in the library media collection owned by the school to support and supplement the educational program specified on the approval document of the school.</text> </paragraph> <paragraph num="(7)"> <text>A school shall maintain written policies and procedures for continual upgrading of items in its library media collection.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Type I Educational Program—Daily Schedule and Yearly Calendar."> <paragraph num="A."> <text>Schedule of the School Day.</text> <paragraph num="(1)"> <text>The schedule of the school day, including the beginning and end of the school day and other important periods, shall be in writing.</text> </paragraph> <paragraph num="(2)"> <text>A school shall distribute annually its written schedule for the school day to the representatives of agencies placing students in the school and to the parents of students enrolled, as applicable.</text> </paragraph> <paragraph num="(3)"> <text>A school providing a general education program shall provide instruction at least 4 hours a day, Monday through Friday, exclusive of holidays, vacation days, and any other pertinent events or activities.</text> </paragraph> <paragraph num="(4)"> <text>In a school providing a special education program, the total hours in a school week shall be sufficient to implement each student's IEP.</text> </paragraph> <paragraph num="(5)"> <text>In a nursery school providing an educational program, other than a special education program, the length of the school day may not exceed 6 hours.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Calendar of the School Year.</text> <paragraph num="(1)"> <text>A school shall develop a written calendar for each year that includes the name, address, and telephone number of the school, month, day, and year for the opening and closing of school, the specific and total number of days of instruction, the total number of hours a school is open for student attendance, holidays, vacations, and other pertinent events or activities in the schedule for the year.</text> </paragraph> <paragraph num="(2)"> <text>A school shall distribute its written calendar annually to the representatives of agencies placing students in the school and to the parents of students enrolled, as applicable.</text> </paragraph> <paragraph num="(3)"> <text>The calendar for the school year shall provide for a school year with at least 180 days of instruction.</text> </paragraph> <paragraph num="(4)"> <text>A school providing an elementary school or secondary school educational program, or both, shall be open for student attendance for a minimum of:</text> <paragraph num="(a)"> <text>1,080 hours in a school year for elementary schools and nongraded educational programs; and</text> </paragraph> <paragraph num="(b)"> <text>1,170 hours in a school year for secondary schools.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Department may grant a waiver of the length of the school year for natural disasters, civil disasters, or severe weather conditions.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Type I Educational Program — Requirements for General Education Programs."> <paragraph num="A."> <text>Nursery School, Kindergarten, Elementary School, and Secondary School Program. A school providing one or a combination of these educational programs shall implement the Maryland State Curriculum, the general education curriculum of a local school system, or both, as applicable, for each subject or area of instruction at each grade level, as specified on its approval document.</text> </paragraph> <paragraph num="B."> <text>Adult Basic Education Program. A school that provides an adult basic education program shall meet the following requirements:</text> <paragraph num="(1)"> <text>Establishment of written criteria for entry into the adult basic education program that include all of the following:</text> <paragraph num="(a)"> <text>Minimum skill levels in reading, writing, and mathematics below the sixth grade level as measured on a standardized test;</text> </paragraph> <paragraph num="(b)"> <text>Minimum age of 14 years; and</text> </paragraph> <paragraph num="(c)"> <text>A written statement that the GED TESTS will eventually be the appropriate means for earning a high school diploma; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Implementation of a written curriculum for each subject area that prepares a student for enrollment in a pre-GED program or a GED TESTS preparation program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Pre-GED Program. A school providing a pre-GED program shall meet the following requirements:</text> <paragraph num="(1)"> <text>Establishment of written criteria for entry into the pre-GED program that include all of the following:</text> <paragraph num="(a)"> <text>Minimum sixth grade skill levels in reading, writing, and mathematics as measured on a standardized test;</text> </paragraph> <paragraph num="(b)"> <text>Minimum age of 14 years; and</text> </paragraph> <paragraph num="(c)"> <text>A written statement of determination for each student that the GED TESTS will eventually be the appropriate means for earning a high school diploma; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Implementation of a written curriculum for each subject area that prepares a student for enrollment in a GED TESTS preparation program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>GED TESTS Preparation Program. A school providing a GED TESTS preparation program shall meet the following requirements:</text> <paragraph num="(1)"> <text>Establishment of written criteria for entry into the GED TESTS preparation program that include the following requirements:</text> <paragraph num="(a)"> <text>Minimum ninth grade skill levels in reading, writing, and mathematics as measured on a standardized test;</text> </paragraph> <paragraph num="(b)"> <text>Minimum age of 16 years;</text> </paragraph> <paragraph num="(c)"> <text>Minimum 3-month residency in Maryland; and</text> </paragraph> <paragraph num="(d)"> <text>A written statement of determination for each student that the GED TESTS will be the appropriate means for earning a high school diploma;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Determination of the appropriate placement of each student within each of the GED TESTS preparation program areas based on an assessment of the performance level of each student in the GED TESTS preparation program;</text> </paragraph> <paragraph num="(3)"> <text>Implementation of written curriculum designed to prepare a student for each of the current GED TESTS; and</text> </paragraph> <paragraph num="(4)"> <text>Administration of the GED practice test to determine student readiness to take the GED TESTS.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Career Development Program and Technology Educational Program.</text> <paragraph num="(1)"> <text>A school providing a pre-GED program or a GED TESTS preparation program, or both, as specified in §§C and D of this regulation, may also provide a noncredit granting program in career development or technology education, or both.</text> </paragraph> <paragraph num="(2)"> <text>A school providing a career development program or technology educational program, or both, shall meet all of the following requirements:</text> <paragraph num="(a)"> <text>Establishment of written criteria for entry into the career development program or technology educational program, or both, as appropriate; and</text> </paragraph> <paragraph num="(b)"> <text>Implementation of a written curriculum for each course provided.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A career development program shall provide the following:</text> <paragraph num="(a)"> <text>Appropriate assessment for the identification of talents, interests, attitudes, and potential related to the world of work;</text> </paragraph> <paragraph num="(b)"> <text>An organized sequence of instruction in career exploration, career preparation, and job seeking and advancement; and</text> </paragraph> <paragraph num="(c)"> <text>An organized sequence of instruction in the proper use of tools, machines, processes, and products in one or more career preparation areas.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A technology educational program shall provide instruction in the following:</text> <paragraph num="(a)"> <text>An organized sequence of instruction in the application of knowledge, tools, and skills to solve practical problems and extend human capabilities through technology; and</text> </paragraph> <paragraph num="(b)"> <text>An organized sequence of instruction in a variety of tools, machines, and computer systems and applications, or any one or combination of these.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Type I Educational Program—Requirements for a Secondary School Program."> <paragraph num="A."> <text>Diploma and Certificate.</text> <paragraph num="(1)"> <text>Publicly Funded Students.</text> <paragraph num="(a)"> <text>A school providing a secondary school program in any one or a consecutive sequence of grades 9—12 shall offer a secondary school program that meets the requirements of COMAR 13A.03.02 for the issuance of a Maryland high school diploma.</text> </paragraph> <paragraph num="(b)"> <text>Beginning with students entering grade 9 in the 2005—2006 school year whose placement is paid for in any part by public funds, the Maryland high school diploma and the Maryland High School Certificate of Program Completion specified in COMAR 13A.03.02 issued by a local school system or the State Board shall be the diploma or certificate for which a school shall prepare a student.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Privately Funded Students.</text> <paragraph num="(a)"> <text>The secondary school diploma issued by a nonpublic school to students whose placement is paid for with private funds shall meet the enrollment, credit, and student service requirements specified in COMAR 13A.03.02.</text> </paragraph> <paragraph num="(b)"> <text>Beginning with students entering grade 9 in the 2005—2006 school year whose placement is paid for by private funds, the secondary school diploma issued by a nonpublic school is the diploma for which a nonpublic school shall prepare a student.</text> </paragraph> <paragraph num="(c)"> <text>The secondary school diploma of the school:</text> <paragraph num="(i)"> <text>Shall state the name of the school;</text> </paragraph> <paragraph num="(ii)"> <text>Shall state the name of the legal authority;</text> </paragraph> <paragraph num="(iii)"> <text>Shall state the month, day, and year of issuance of the diploma;</text> </paragraph> <paragraph num="(iv)"> <text>May not imply that the requirements for graduation from a Maryland public high school have been met; and</text> </paragraph> <paragraph num="(v)"> <text>May state that the school holds approval from the State Board.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Unit of Credit.</text> <paragraph num="(1)"> <text>A school, including a school providing a special education program, that grants secondary school credits shall have a written policy defining a unit of credit and any partial unit of credit granted by the school based on one or more of the methods described in §B(2)—(5) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Clock Hours. If a school defines a unit or partial unit of credit as the number of clock hours required by the local school system where the facility is located or a minimum of 120 clock hours of instruction, or fraction of 120 clock hours for a partial unit of credit, the definition shall include the percentage of curricular objectives the student must successfully complete and the minimum grade required to earn the unit or partial unit of credit.</text> </paragraph> <paragraph num="(3)"> <text>Successful Demonstration of Learning Outcomes. If a school defines a unit of credit as successful demonstration of learning outcomes:</text> <paragraph num="(a)"> <text>The learning experiences may occur outside the approved educational program; and</text> </paragraph> <paragraph num="(b)"> <text>The curriculum of a school shall include performance requirements and teacher implemented evaluation procedures.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Credit by Exam. If a school grants a unit of credit when a student passes an examination that assesses student demonstration of curricular objectives for a specific course, the policy of the school defining the unit of credit shall include the minimum percentage grade required to earn the unit of credit.</text> </paragraph> <paragraph num="(5)"> <text>College Credit. If a student earns credit for a course taken at an IHE, a school may grant a unit of credit, with the approval of the local school system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Transcript.</text> <paragraph num="(1)"> <text>A secondary school shall be prepared to present as a separate document a current and cumulative transcript of the secondary school record of each student for each year of enrollment, which includes the following:</text> <paragraph num="(a)"> <text>School's name;</text> </paragraph> <paragraph num="(b)"> <text>School's location address;</text> </paragraph> <paragraph num="(c)"> <text>School's telephone number;</text> </paragraph> <paragraph num="(d)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(e)"> <text>Month, day, and year of student's birth;</text> </paragraph> <paragraph num="(f)"> <text>Student's home address;</text> </paragraph> <paragraph num="(g)"> <text>Credits and grades earned in each subject area in each grade;</text> </paragraph> <paragraph num="(h)"> <text>Code for the meaning of the grading system;</text> </paragraph> <paragraph num="(i)"> <text>Designation of transfer credits and name of school originally granting the credits;</text> </paragraph> <paragraph num="(j)"> <text>Month, day, and year the student initially entered the school's secondary school program;</text> </paragraph> <paragraph num="(k)"> <text>Month, day, and year the student withdrew or graduated;</text> </paragraph> <paragraph num="(l)"> <text>Total days of attendance during each school year in the school;</text> </paragraph> <paragraph num="(m)"> <text>Summary of State test requirements, including test dates and scores, as applicable; and</text> </paragraph> <paragraph num="(n)"> <text>Summary of service learning hours completed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A school shall have written policies and procedures for permanently maintaining the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.</text> </paragraph> <paragraph num="(3)"> <text>Before a secondary school ceases operation, the legal authority of the school shall file with the Department, in alphabetical order, the original or a legible copy of the secondary school transcript for each student who has been enrolled in the school.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Type I Educational Program — Requirements for a Special Education Program."> <paragraph num="A."> <text>A school shall provide special education and related services, as applicable, consistent with each student's IEP developed through the local school system's IEP team.</text> </paragraph> <paragraph num="B."> <text>A school shall provide special education and related services to include an organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.</text> </paragraph> <paragraph num="C."> <text>A school that provides special education containing a pre-GED or GED TESTS preparation program, or both, as a part of the special education program, shall meet the requirements specified in Regulation .15C and D, and Regulation .15E if applicable, of this chapter for those educational programs.</text> </paragraph> <paragraph num="D."> <text>Curriculum Guides. A school that provides nursery school, kindergarten, grades 1—12, or any combination of these shall implement the Maryland State Curriculum, the general education curriculum of a local school system, or both, as applicable, for each subject at each grade or age level as specified on its approval document.</text> </paragraph> <paragraph num="E."> <text>Student-to-Teacher Ratio.</text> <paragraph num="(1)"> <text>A school shall provide sufficient teachers and other personnel to implement each student's IEP.</text> </paragraph> <paragraph num="(2)"> <text>Full-Day Special Education.</text> <paragraph num="(a)"> <text>The average class size may not exceed six students with disabilities per full-time certified teacher.</text> </paragraph> <paragraph num="(b)"> <text>If an aide is present in each class, the average class size may not exceed nine students with disabilities per full-time certified teacher.</text> </paragraph> <paragraph num="(c)"> <text>The average class size for students with significant orthopedic impairments may not exceed seven students with disabilities per full-time certified teacher when an aide is present in each class.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Residential Special Education. A school providing residential special education services as specified on the approval document of the school shall meet the following student-to-teacher ratio for its entire special education program:</text> <paragraph num="(a)"> <text>The average ratio of students to qualified staff may not exceed an average of four students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider; or</text> </paragraph> <paragraph num="(b)"> <text>If an aide is present in every class, the average ratio of students to qualified staff may not exceed seven students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Assessment.</text> <paragraph num="(1)"> <text>As a condition of admission, a school shall have on file assessments provided by the local school system for each student enrolled, as required by COMAR 13A.05.01.</text> </paragraph> <paragraph num="(2)"> <text>The assessments as required by COMAR 13A.05.01 shall document each student's eligibility for the special education and related services provided by the school in accordance with the student's IEP.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Individualized Education Program (IEP).</text> <paragraph num="(1)"> <text>As a condition of admission, a school shall have on file a copy of the IEP approved by the local school system for each student before implementing the student's educational program.</text> </paragraph> <paragraph num="(2)"> <text>A school shall implement the IEP approved by the local school system for each student enrolled for each year of the student's enrollment.</text> </paragraph> <paragraph num="(3)"> <text>The current IEP of each student shall be available in the classroom of each student.</text> </paragraph> <paragraph num="(4)"> <text>Documentation of Student Progress Toward IEP Goals.</text> <paragraph num="(a)"> <text>A school shall document student progress in the achievement of IEP goals as often as the progress of students without disabilities is documented.</text> </paragraph> <paragraph num="(b)"> <text>A school shall provide a copy of its IEP progress documentation to the local school system of each student.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Documentation of Each Related Service.</text> <paragraph num="(a)"> <text>A school shall maintain documentation of each related services session provided as required by the IEP of each student enrolled.</text> </paragraph> <paragraph num="(b)"> <text>That documentation shall contain the following information:</text> <paragraph num="(i)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(ii)"> <text>Month, day, and year of each related services session;</text> </paragraph> <paragraph num="(iii)"> <text>Length of time of each related services session;</text> </paragraph> <paragraph num="(iv)"> <text>IEP goal or objective being implemented during each session and notes regarding progress; and</text> </paragraph> <paragraph num="(v)"> <text>Signature and title of the related services provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>A school shall maintain policies and procedures approved by the placing local school system or systems that provide for notification to the local school system regarding related services specified on the IEP of a student that the school has not provided.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Administrative Practices.</text> <paragraph num="(1)"> <text>A school providing a special education program to students with disabilities not placed in the school by a local school system shall have:</text> <paragraph num="(a)"> <text>A written agreement with the local school system where the school is located that describes the local school system's responsibility for implementing the procedural safeguards of COMAR 13A.05.01 in cooperation with the school; or</text> </paragraph> <paragraph num="(b)"> <text>If no written agreement is developed, documentation of at least two attempts to enter into a written agreement with the local school system.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A school shall have written policies and procedures for:</text> <paragraph num="(a)"> <text>Participating in the development of an IEP with the local school system that referred the student for placement; and</text> </paragraph> <paragraph num="(b)"> <text>Promptly notifying the local school system if the IEP needs to be revised after a student is enrolled.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school shall have written policies and procedures for dismissal of students, including:</text> <paragraph num="(a)"> <text>Promptly requesting that the responsible local school system that referred the student for placement conduct an IEP team meeting before a recommendation to dismiss a student is made; and</text> </paragraph> <paragraph num="(b)"> <text>Maintaining a student's placement during mediation or due process proceedings, unless the IEP provides for an alternative placement during due process proceedings and the parent has agreed to the alternative placement.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In accordance with COMAR 13A.08.01 and 13A.08.03, a school shall have written policies and procedures for notifying the responsible local school system regarding either the removal of a student for more than 10 consecutive school days or a series of removals of a student that constitute a pattern because the removals cumulate to more than 10 school days in a school year.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Residential Special Education and Related Services. A school providing residential special education and related services:</text> <paragraph num="(1)"> <text>Shall provide documentation that it implements the residential component of the IEP for each student;</text> </paragraph> <paragraph num="(2)"> <text>Shall provide documentation of the integration of the day and residential programs;</text> </paragraph> <paragraph num="(3)"> <text>Shall hold all licenses as required by State or local government, or both, to operate; and</text> </paragraph> <paragraph num="(4)"> <text>May not be approved to operate in a private home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Type I Educational Program—Personnel Requirements."> <paragraph num="A."> <text>Administrative Head.</text> <paragraph num="(1)"> <text>A school shall have an administrative head responsible for the day-to-day administration of the school.</text> </paragraph> <paragraph num="(2)"> <text>An administrative head of a school hired on or after September 1, 2001, shall hold a bachelor's degree.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Education Director.</text> <paragraph num="(1)"> <text>A school shall employ a full-time education director to be responsible for the coordination and supervision of the educational program. More than one full-time education director may be required to ensure adequate coordination and supervision of the educational program in a large school or a school providing a variety of educational programs.</text> </paragraph> <paragraph num="(2)"> <text>When there is a change in the individual who is employed as the education director of a school, the legal authority shall notify the Department in writing within 10 school days of the change.</text> </paragraph> <paragraph num="(3)"> <text>A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of the education director.</text> </paragraph> <paragraph num="(4)"> <text>An education director of a general education program shall hold a valid Maryland professional certificate as an elementary or secondary supervisor or principal, or a valid Maryland professional teaching certificate in elementary or secondary education. If a school provides an educational program at only the nursery school or kindergarten level, or both, the education director shall hold a valid:</text> <paragraph num="(a)"> <text>Maryland professional certificate as an early childhood supervisor or early childhood principal; or</text> </paragraph> <paragraph num="(b)"> <text>Maryland professional teaching certificate in early childhood education.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>An education director of a special education program shall hold a valid:</text> <paragraph num="(a)"> <text>Maryland professional certificate as a special education supervisor or special education principal; or</text> </paragraph> <paragraph num="(b)"> <text>Maryland professional teaching certificate in special education.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An education director qualifying with a valid Maryland professional teaching certificate shall also have at least 3 years of satisfactory teaching experience as verified by former employers. The teaching experience shall be in general or special education, or both, as appropriate for the education director's assignment.</text> </paragraph> <paragraph num="(7)"> <text>A school that provides both general and special education shall employ:</text> <paragraph num="(a)"> <text>An education director who meets the requirements specified in §B(4)—(6) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>An education director who meets the requirements specified in §B(4) and (6) of this regulation, and another education director who meets the requirements in §B(5) and (6) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The duties and responsibilities of the education director and administrative head may be assigned to the same individual.</text> </paragraph> <paragraph num="(9)"> <text>With the exception of an education director assigned to a full-day special education or residential special education program, or both, the duties and responsibilities of the education director may be assigned to a teacher who has sufficient time to perform the duties of the education director.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Teachers and Related Services Providers.</text> <paragraph num="(1)"> <text>A school shall employ teachers and any required related services staff, whether full-time, part-time, voluntary, or contractual, who meet the applicable requirements as designated in §C(2)—(5) and (8) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A teacher shall hold the certificate as provided for in COMAR 13A.12.01 and COMAR 13A.12.02.</text> </paragraph> <paragraph num="(3)"> <text>A teacher providing instruction in an Adult Basic Education or Pre-GED program, or both, shall hold a valid certificate.</text> </paragraph> <paragraph num="(4)"> <text>A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:</text> <paragraph num="(a)"> <text>Bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>Bachelor's degree equivalent as determined by a Department-designated independent agency authorized to evaluate foreign credentials.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A teacher providing instruction in a career development educational program or a technology educational program, or both, shall hold at least:</text> <paragraph num="(a)"> <text>A high school diploma; and</text> </paragraph> <paragraph num="(b)"> <text>A minimum of 5 years of documented experience in the trade in which instruction is provided.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of a teacher.</text> </paragraph> <paragraph num="(7)"> <text>A school shall maintain a written schedule that provides each teacher with sufficient time scheduled within each work week to prepare for the implementation of the teacher's instructional duties and responsibilities.</text> </paragraph> <paragraph num="(8)"> <text>Professionals who provide related services specified in an IEP shall hold all licenses or certificates, or both, that are required by the State Board, or another State licensing agency, or both.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Aides.</text> <paragraph num="(1)"> <text>A full-time or part-time, paid or volunteer aide who assists a teacher shall be under the direct instructional supervision of the teacher to whom the aide is assigned.</text> </paragraph> <paragraph num="(2)"> <text>A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of an aide.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Type II Educational Programs."> <paragraph num="A."> <text>In a Type II educational program, instruction shall be provided by a nonpublic school and public school either on the grounds of the nonpublic school and the grounds of the public school, or solely on the grounds of the public school, with the primary goal of integrating students into the public school instructional program to the greatest extent appropriate.</text> </paragraph> <paragraph num="B."> <text>A school may provide any one or combination of the following Type II educational programs:</text> <paragraph num="(1)"> <text>Nursery school;</text> </paragraph> <paragraph num="(2)"> <text>Kindergarten;</text> </paragraph> <paragraph num="(3)"> <text>Elementary school;</text> </paragraph> <paragraph num="(4)"> <text>Secondary school;</text> </paragraph> <paragraph num="(5)"> <text>Special education and related services.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Description of the Educational Program.</text> <paragraph num="(1)"> <text>A school shall have a written description of the educational program prepared as a single narrative.</text> </paragraph> <paragraph num="(2)"> <text>A school shall distribute its written description of the educational program to public agency placement officials.</text> </paragraph> <paragraph num="(3)"> <text>The written description shall include all of the following:</text> <paragraph num="(a)"> <text>A statement of the purpose or goals toward which the educational program's efforts are directed;</text> </paragraph> <paragraph num="(b)"> <text>The name of the legal authority responsible for governing and operating the educational program;</text> </paragraph> <paragraph num="(c)"> <text>Identifying information to include the name of the school, address of the school, and telephone number of the school;</text> </paragraph> <paragraph num="(d)"> <text>Table of organization or organizational chart to include:</text> <paragraph num="(i)"> <text>The name of the legal authority;</text> </paragraph> <paragraph num="(ii)"> <text>The governing board of the educational program;</text> </paragraph> <paragraph num="(iii)"> <text>If applicable, the specific structure and components of the educational program; and</text> </paragraph> <paragraph num="(iv)"> <text>If applicable, any other program components governed and operated by the same legal authority at the same location;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Student enrollment capacity and characteristics including the age, gender, and, if applicable, disability or disabilities;</text> </paragraph> <paragraph num="(f)"> <text>Educational program or programs provided by the nonpublic school;</text> </paragraph> <paragraph num="(g)"> <text>Instruction provided by the public school to students who are also enrolled in the nonpublic school;</text> </paragraph> <paragraph num="(h)"> <text>Staff employed by the nonpublic school to implement the educational program, including related services staff in special education programs; and</text> </paragraph> <paragraph num="(i)"> <text>Description of the physical facilities used by the school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Personnel.</text> <paragraph num="(1)"> <text>Staff shall meet the requirements specified in Regulation .18 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The Department may approve a written justification that provides an educationally sound basis for a less than full-time education director.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Student-to-Teacher Ratio.</text> <paragraph num="(1)"> <text>The student-to-teacher ratio in a nursery school, kindergarten, elementary school, or secondary school educational program may not exceed ten students to a full-time certified teacher unless the Department approves a written justification for more students.</text> </paragraph> <paragraph num="(2)"> <text>The student-to-teacher ratio in a special education program shall be as specified in Regulation .17E of this chapter, as appropriate.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Educational Program.</text> <paragraph num="(1)"> <text>Before enrolling a student, a school shall review the student record maintained by the school the student attended most recently to assist in determining the appropriate program placement or grade placement, or both, within the educational program.</text> </paragraph> <paragraph num="(2)"> <text>If the previous student record of a student is not available before enrollment, a school shall document, within 5 school days of placement, at least two attempts to acquire the previous school record of each student.</text> </paragraph> <paragraph num="(3)"> <text>A student shall receive instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.</text> </paragraph> <paragraph num="(4)"> <text>A school shall implement the same curriculum as that implemented by the public school in each grade and subject in which it provides instruction to students. Any charge for the curriculum is the responsibility of the nonpublic school.</text> </paragraph> <paragraph num="(5)"> <text>A school shall use the same instructional materials and equipment as those used by the public school. Any charge for the instructional materials and equipment is the responsibility of the nonpublic school.</text> </paragraph> <paragraph num="(6)"> <text>A school shall use the library media service of the public school.</text> </paragraph> <paragraph num="(7)"> <text>A PEP shall be developed for each student enrolled in a general education program specified in §B of this regulation. The PEP shall include all of the following:</text> <paragraph num="(a)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(b)"> <text>Student's gender;</text> </paragraph> <paragraph num="(c)"> <text>Month, day, and year of student's birth;</text> </paragraph> <paragraph num="(d)"> <text>Projected beginning month, day, and year and ending month and year for implementation of the PEP;</text> </paragraph> <paragraph num="(e)"> <text>Grade level of student's performance in reading and mathematics;</text> </paragraph> <paragraph num="(f)"> <text>Standardized tests or diagnostic tests, or both, used to determine the grade level of a student's performance in reading and mathematics and month, day, and year of administration;</text> </paragraph> <paragraph num="(g)"> <text>Grade placement in the educational program in which a student is enrolled;</text> </paragraph> <paragraph num="(h)"> <text>Schedule of student's classes and designation of nonpublic school or public school teacher for each class;</text> </paragraph> <paragraph num="(i)"> <text>Specific secondary school credits earned if applicable;</text> </paragraph> <paragraph num="(j)"> <text>Summary of Maryland test requirements determined by the State that have been met, and those that have not been met, as applicable;</text> </paragraph> <paragraph num="(k)"> <text>Transition plan to prepare a student for specific further education or training, or employment, or independent living, or any combination of these;</text> </paragraph> <paragraph num="(l)"> <text>Month, day, and year of PEP development;</text> </paragraph> <paragraph num="(m)"> <text>Signature of individual who developed the PEP; and</text> </paragraph> <paragraph num="(n)"> <text>IEP of student, if applicable.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The current PEP and IEP of each student shall be available in the classroom of each student.</text> </paragraph> <paragraph num="(9)"> <text>Special Education Program. A school providing a special education program shall meet the assessment and IEP requirements specified in Regulation .17F and G of this chapter.</text> </paragraph> <paragraph num="(10)"> <text>Student Progress Report. A school shall use the student progress reporting schedule and format of the public school.</text> </paragraph> <paragraph num="(11)"> <text>Secondary School Credit. A school granting secondary school credit and any partial unit of credit shall meet the requirements of the local school system where the public school is located.</text> </paragraph> <paragraph num="(12)"> <text>Student Records.</text> <paragraph num="(a)"> <text>A school shall maintain student record information on a standard form for each student, which includes all of the following:</text> <paragraph num="(i)"> <text>School's name;</text> </paragraph> <paragraph num="(ii)"> <text>School's location address;</text> </paragraph> <paragraph num="(iii)"> <text>School's telephone number;</text> </paragraph> <paragraph num="(iv)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(v)"> <text>Month, day, and year of the student's birth;</text> </paragraph> <paragraph num="(vi)"> <text>Student's home address;</text> </paragraph> <paragraph num="(vii)"> <text>Month, day, and year the student initially entered; and</text> </paragraph> <paragraph num="(viii)"> <text>Month, day, and year the student withdrew or graduated.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A school shall maintain student record information in a standard format for each student, which includes all of the following:</text> <paragraph num="(i)"> <text>Student's specific days of attendance;</text> </paragraph> <paragraph num="(ii)"> <text>Student's performance or grade information, or both, as appropriate in each curricular area for each grade;</text> </paragraph> <paragraph num="(iii)"> <text>Code for the meaning of the grading system as used by the public school;</text> </paragraph> <paragraph num="(iv)"> <text>Student's IEP or PEP, or both, as applicable; and</text> </paragraph> <paragraph num="(v)"> <text>Student's grade placement.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A copy of a student's record and progress report shall be given to a representative of the placing agency upon the student's discharge from the school.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>Secondary School Transcript.</text> <paragraph num="(a)"> <text>A document that includes the components specified in Regulation .16C of this chapter shall be used as a transcript of a secondary school student's record.</text> </paragraph> <paragraph num="(b)"> <text>A secondary school shall permanently maintain the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.</text> </paragraph> <paragraph num="(c)"> <text>Before a secondary school ceases operation, the legal authority of the school shall file with the Department, in alphabetical order, the original or a legible copy of the secondary school transcript for each student who has been enrolled in the school.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Privacy Rights. A school shall meet the privacy rights requirements specified in Regulation .12 of this chapter.</text> </paragraph> <paragraph num="(15)"> <text>Admissions. A school shall have a written statement of admissions criteria as specified in Regulation .09D of this chapter.</text> </paragraph> <paragraph num="(16)"> <text>Schedule of the School Day.</text> <paragraph num="(a)"> <text>The hours of the school day shall be the same as that of the public school.</text> </paragraph> <paragraph num="(b)"> <text>A school shall develop a written schedule of the school day, including the beginning and end of the school day, and other important periods.</text> </paragraph> <paragraph num="(c)"> <text>A school shall distribute the schedule of its school day annually to the parents and representatives of agencies placing students in the school.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>Calendar of the School Year.</text> <paragraph num="(a)"> <text>A school shall develop a written calendar of the school year that includes the same days in the school year that the local school system is open and may include additional days.</text> </paragraph> <paragraph num="(b)"> <text>A school shall distribute the calendar of its school year annually to the parents and representatives of the placing agency or agencies of the students enrolled.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>Administrative Practices. A school providing a special education program shall have administrative policies and procedures as specified in Regulation .17H of this chapter.</text> </paragraph> <paragraph num="(19)"> <text>A school shall meet the behavior management requirements specified in Regulation .11 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Type III Educational Programs."> <paragraph num="A."> <text>In a Type III educational program, the school shall provide a transitional instructional program to the residents of the licensed facility, not to exceed an average of 60 school days, in a facility licensed by a unit of State government.</text> </paragraph> <paragraph num="B."> <text>A school may provide any one or combination of the following Type III educational programs:</text> <paragraph num="(1)"> <text>Nursery school;</text> </paragraph> <paragraph num="(2)"> <text>Kindergarten or grades 1—12, or any consecutive sequence of these that continues implementation of a student's public school program;</text> </paragraph> <paragraph num="(3)"> <text>Diagnostic-prescriptive educational program;</text> </paragraph> <paragraph num="(4)"> <text>Pre-GED program; or</text> </paragraph> <paragraph num="(5)"> <text>GED TESTS preparation program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Description of the Educational Program.</text> <paragraph num="(1)"> <text>A school shall have a written description of its educational program prepared as a single narrative that is distributed to the representatives of agencies placing students at the school.</text> </paragraph> <paragraph num="(2)"> <text>The written description referenced in §C(1) of this regulation shall include all of the following:</text> <paragraph num="(a)"> <text>A statement of the purpose or goals toward which the educational program's efforts are directed;</text> </paragraph> <paragraph num="(b)"> <text>The name of the legal authority;</text> </paragraph> <paragraph num="(c)"> <text>Identifying information to include the name of the school, address of the school, and telephone number of the school;</text> </paragraph> <paragraph num="(d)"> <text>Table of organization or organizational chart to include:</text> <paragraph num="(i)"> <text>The name of the legal authority;</text> </paragraph> <paragraph num="(ii)"> <text>The governing board of the educational program, if applicable;</text> </paragraph> <paragraph num="(iii)"> <text>The specific structure and components of the educational program; and</text> </paragraph> <paragraph num="(iv)"> <text>If applicable, any other program components governed and operated by the same legal authority at the same location;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Student enrollment capacity and characteristics including the age and gender of each student enrolled;</text> </paragraph> <paragraph num="(f)"> <text>Educational program or programs provided, as specified in §B of this regulation;</text> </paragraph> <paragraph num="(g)"> <text>Teacher or teachers employed to implement the educational program; and</text> </paragraph> <paragraph num="(h)"> <text>Description of the physical facilities used by the educational program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Admission of students with an IEP in a Type III Educational Program. A school shall maintain and implement policies and procedures for the admission of a student with an IEP or suspected disability into a general education program, as outlined in the Department's “Policies and Procedures for Educating a Student with an individualized education program (IEP) in a Type I or Type III Nonpublic General Education Program Approved under COMAR 13A.09.10.”</text> </paragraph> <paragraph num="E."> <text>Acquisition of Previous Student Records.</text> <paragraph num="(1)"> <text>Within 5 school days of a student's placement, a school shall acquire all of the following educational information from an official of the previous school placement for a student in order to determine an appropriate educational program:</text> <paragraph num="(a)"> <text>Student's previous grade placement;</text> </paragraph> <paragraph num="(b)"> <text>Student's performance in each curricular area;</text> </paragraph> <paragraph num="(c)"> <text>Student's high school credits earned to date, if applicable;</text> </paragraph> <paragraph num="(d)"> <text>Student's IEP, if applicable;</text> </paragraph> <paragraph num="(e)"> <text>Maryland assessment results, if applicable; and</text> </paragraph> <paragraph num="(f)"> <text>Student's days of attendance in the current school year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The information in §D(1) of this regulation may be acquired by telephone or by electronic means.</text> </paragraph> <paragraph num="(3)"> <text>A school shall maintain a record of the information acquired in accordance with §D(1) of this regulation. This record shall include the month, day, and year of contact, and the name and title of the individual from whom the information was acquired.</text> </paragraph> <paragraph num="(4)"> <text>When a school does not have the previous student record of a student, a school shall document at least two attempts to acquire the previous student records within 5 school days of the student's placement to include the following information:</text> <paragraph num="(a)"> <text>The month, day, and year of contact;</text> </paragraph> <paragraph num="(b)"> <text>The name and title of the individual from whom the information was requested; and</text> </paragraph> <paragraph num="(c)"> <text>The result of each attempt.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Personal Education Plan (PEP).</text> <paragraph num="(1)"> <text>Within 5 school days of entering a facility, a school shall develop a PEP for each student.</text> </paragraph> <paragraph num="(2)"> <text>The PEP shall include all of the following:</text> <paragraph num="(a)"> <text>Student's first, middle, and last names;</text> </paragraph> <paragraph num="(b)"> <text>Student's gender;</text> </paragraph> <paragraph num="(c)"> <text>Month, day, and year of the student's birth;</text> </paragraph> <paragraph num="(d)"> <text>Beginning month, day, and year for implementation of the PEP;</text> </paragraph> <paragraph num="(e)"> <text>Grade level of student's performance in reading and mathematics;</text> </paragraph> <paragraph num="(f)"> <text>Standardized tests or diagnostic tests, or both, used to determine the grade level of the student's performance in reading and mathematics, and the month, day, and year of administration;</text> </paragraph> <paragraph num="(g)"> <text>Educational program or programs in which a student is enrolled as specified in §B of this regulation;</text> </paragraph> <paragraph num="(h)"> <text>Student's educational plan with at least one goal for each area of instruction;</text> </paragraph> <paragraph num="(i)"> <text>Schedule of student's classes and teachers;</text> </paragraph> <paragraph num="(j)"> <text>Transition plan to prepare the student for specific further education or training, employment, or independent living, or any combination of these;</text> </paragraph> <paragraph num="(k)"> <text>Month, day, and year of PEP development; and</text> </paragraph> <paragraph num="(l)"> <text>Signature of individual who developed the PEP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Student Progress Report.</text> <paragraph num="(1)"> <text>When a student leaves a school, a progress report that includes all of the following information shall be prepared:</text> <paragraph num="(a)"> <text>Performance or grades, or both, in each curricular area;</text> </paragraph> <paragraph num="(b)"> <text>Code for the meaning of the performance information or grades, or both;</text> </paragraph> <paragraph num="(c)"> <text>Month, day, and year of entrance in the educational program;</text> </paragraph> <paragraph num="(d)"> <text>Month, day, and year of withdrawal from the educational program;</text> </paragraph> <paragraph num="(e)"> <text>Specific days of attendance in the educational program;</text> </paragraph> <paragraph num="(f)"> <text>Hours of instruction in each curricular area at the secondary level; and</text> </paragraph> <paragraph num="(g)"> <text>Recommendations for educational placement, including referral for special education services, if appropriate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The progress report and PEP of a student shall be given to the placing agency representative upon discharge from the facility.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Instructional Materials and Equipment.</text> <paragraph num="(1)"> <text>A school shall own instructional materials and equipment that include print, manipulative, audiovisual and electronic materials, and equipment in sufficient variety, quantity, and quality to implement the educational program.</text> </paragraph> <paragraph num="(2)"> <text>The instructional materials and equipment used by the local school system to implement the general education curriculum that is aligned with the State Curriculum shall be used to implement the educational programs specified in §B(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Certificate for Teachers.</text> <paragraph num="(1)"> <text>With the exception of a teacher providing instruction in a GED TESTS preparation program, a teacher shall hold a valid Maryland teaching certificate.</text> </paragraph> <paragraph num="(2)"> <text>A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:</text> <paragraph num="(a)"> <text>Bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>Bachelor's degree equivalent as determined by a Department designated independent agency authorized to evaluate foreign credentials.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Student-to-Teacher Ratio. The student-to-teacher ratio may not exceed ten students to one full-time certified teacher unless the Department approves a written justification for the increased number that is educationally sound.</text> </paragraph> <paragraph num="K."> <text>Schedule of the School Day. A school shall:</text> <paragraph num="(1)"> <text>Develop a written schedule of the school day including the beginning and end of the school day and other important periods;</text> </paragraph> <paragraph num="(2)"> <text>Distribute the schedule of its school day to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable;</text> </paragraph> <paragraph num="(3)"> <text>Operate for at least 3 clock hours a day exclusive of time scheduled for meals; and</text> </paragraph> <paragraph num="(4)"> <text>Be in session 5 days a week except for holidays, vacations, and other pertinent events or activities.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Calendar of the School Year. A school shall:</text> <paragraph num="(1)"> <text>Develop a written calendar of the school year that includes the month, day, and year for the opening and closing of the school, and the specific and total number of days of instruction;</text> </paragraph> <paragraph num="(2)"> <text>Provide at least 180 days of instruction per year; and</text> </paragraph> <paragraph num="(3)"> <text>Distribute the written calendar to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-206, 2-206.1, 2-304, 7-301, 7-403, and 8-406; Family Law Article, Title 5, Subtitles 5 and 7; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02B, .04B, C, .05C, H, .06, .07C, D, and .08C—E amended effective January 15, 1989 (15:27 Md. R. 3137)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Educational Programs Operated by a Nonpublic Residential Juvenile or Child Care Facility, repealed effective March 29, 1993 (20:6 Md. R. 582)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11, Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities, adopted effective March 29, 1993 (20:6 Md. R. 582)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11, repealed and new Regulations .01—.15 adopted effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 2, 2002 (29:17 Md. R. 1381)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective September 2, 2002 (29:17 Md. R. 1381)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.15 repealed and new Regulations .01—.20 adopted effective August 29, 2005 (32:17 Md. R. 1439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective August 28, 2006 (33:17 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 28, 2006 (33:17 Md. R. 1438); December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C, D amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15A amended effective December 1, 2008 (35:24 Md. R. 2079); January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16B, C amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17D amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18C amended effective August 28, 2006 (33:17 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20H amended effective August 28, 2006 (33:17 Md. R. 1438); January 14, 2010 (37:1 Md. R. 15)</annotation> </annotations> </chapter> </subtitle> <subtitle num="10" heading="Home Instruction"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Home Instruction Program."> <paragraph num="A."> <text>Purpose. The purpose of this regulation is to establish a procedure to be used by the superintendent of each local school system to determine if a child participating in a home instruction program is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.</text> </paragraph> <paragraph num="B."> <text>Written Agreement.</text> <paragraph num="(1)"> <text>A parent or guardian who chooses to provide a home instruction program for his or her child shall initially sign a statement on a form prescribed by the State Department of Education which:</text> <paragraph num="(a)"> <text>Indicates consent to the requirements set forth in §§C, D, and E of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Shall be submitted to the local superintendent at least 15 days before the beginning of a home instruction program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Annual Verification. Annually thereafter, before the beginning of the school year, a parent or guardian shall verify the continuation of home schooling for his or her child with the local school superintendent or with the supervising nonpublic school or institution described in Regulation .05 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Change in Status. A parent or guardian shall notify the local school superintendent or the supervising nonpublic school or institution described in Regulation .05 of this chapter if a change occurs in the home school status of a child during the school year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Instruction Program.</text> <paragraph num="(1)"> <text>The home instruction program shall:</text> <paragraph num="(a)"> <text>Provide regular, thorough instruction in the studies usually taught in the public schools to children of the same age;</text> </paragraph> <paragraph num="(b)"> <text>Include instruction in English, mathematics, science, social studies, art, music, health, and physical education; and</text> </paragraph> <paragraph num="(c)"> <text>Take place on a regular basis during the school year and be of sufficient duration to implement the instruction program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The home instruction program may include enrollment on a part-time or full-time basis in courses offered by accredited or unaccredited colleges.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Educational Materials.</text> <paragraph num="(1)"> <text>A parent or guardian who chooses to provide a home instruction program for his or her child shall maintain a portfolio of materials which:</text> <paragraph num="(a)"> <text>Demonstrates the parent or guardian is providing regular, thorough instruction during the school year in the areas specified in §C(1) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Includes relevant materials, such as instructional materials, reading materials, and examples of the child’s writings, worksheets, workbooks, creative materials, and tests; and</text> </paragraph> <paragraph num="(c)"> <text>Shall be reviewed by the local superintendent or the superintendent's designee at the conclusion of each semester of the local school system at such times as are mutually agreeable to the local superintendent or designee and the parent or guardian.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A parent or guardian who chooses to enroll his or her child under §C(2) of this regulation may elect to provide to the local superintendent or the superintendent’s designee a copy of a report card or transcript from the accredited or unaccredited college at the conclusion of each semester of the accredited or unaccredited college in lieu of a portfolio of materials for the courses in which the child is enrolled under §C(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A parent or guardian shall agree to permit a representative of a local school system to review the portfolio of educational materials and discuss the instructional program, provided that all of the following requirements are met:</text> <paragraph num="(1)"> <text>The review is at a time and place mutually agreeable to the representative of the local school system and the parent or guardian;</text> </paragraph> <paragraph num="(2)"> <text>The purpose of the review is to ensure that the child is receiving regular, thorough instruction as set forth in §C of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>There are not more than three reviews during a school year.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Additional Requirements. A local school system may not impose additional requirements for home instruction programs other than those in these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Voluntary Participation in Standardized Testing."> <text>Upon request of a parent or guardian, a child receiving home instruction may participate in the regularly scheduled standardized testing programs that are administered in the public school the child is eligible to attend.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Noncompliance with Requirements."> <paragraph num="A."> <text>Failure to Consent. If a parent or guardian does not agree to the requirements of Regulation .01B, C, D, and E of this chapter, a child shall be enrolled promptly in a public school or nonpublic school as defined in COMAR 13A.09.09.02B.</text> </paragraph> <paragraph num="B."> <text>Deficiencies in the Program. If a local superintendent determines on the review of the home instruction program or inspection of the portfolio that a child is not receiving a regular, thorough instruction program in conformity with Regulation .01C and D, the local superintendent shall notify the parent or guardian in writing of any deficiencies in the program. The following apply:</text> <paragraph num="(1)"> <text>Within 30 days of receipt of written notification of any deficiencies, the parent or guardian shall provide evidence to the local superintendent that the deficiency has been or is being corrected.</text> </paragraph> <paragraph num="(2)"> <text>If a local superintendent determines there is not a satisfactory plan to correct a deficiency or if a deficiency is not corrected, a child shall be enrolled promptly in a public school or a nonpublic school as defined in COMAR 13A.09.09.02B.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Placement in Public School."> <text>Upon application of a child for admission to a public school from a home instruction program, the local superintendent shall determine by an evaluation the placement of the child and any credits to be awarded toward high school graduation. The evaluation may include administration of standardized tests and examinations and interviews with the child.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Home Instruction Under Supervision of Nonpublic School or Institution."> <paragraph num="A."> <text>A parent or guardian may provide a home instruction program for his or her child without compliance with the requirements of this regulation, other than the requirements of Regulations .01B(1)(b) and .04 of this chapter, if that program offers regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age and is under the supervision of a:</text> <paragraph num="(1)"> <text>School or institution offering an educational program operated by a bona fide church organization, and the supervision includes at a minimum all of the following components:</text> <paragraph num="(a)"> <text>Preenrollment conferences with parents or guardians;</text> </paragraph> <paragraph num="(b)"> <text>Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school; and</text> </paragraph> <paragraph num="(c)"> <text>Conferences with parents or guardians at appropriate intervals during the period of enrollment; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Nonpublic school with a certificate of approval from the State Board of Education, and the supervision includes at a minimum all of the following components:</text> <paragraph num="(a)"> <text>Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school; and</text> </paragraph> <paragraph num="(b)"> <text>Assignment of a school-based teacher to assist the home teacher in implementing the home instruction program and to assist the pupil by issuing progress reports, marking papers, and grading tests.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The home instruction program may include enrollment on a part-time or full-time basis in courses offered by accredited or unaccredited colleges.</text> </paragraph> <paragraph num="C."> <text>Annual Verification. The supervising nonpublic school or institution described in §A of this regulation annually shall:</text> <paragraph num="(1)"> <text>Verify with the local school superintendent the identification of home schooled students whose instruction is continuing under its supervision;</text> </paragraph> <paragraph num="(2)"> <text>Notify the local school superintendent of the identification of home schooled students whose instruction is newly added to its supervision; and</text> </paragraph> <paragraph num="(3)"> <text>Provide the local school superintendent with the identification of home schooled students whose instruction is no longer under its supervision.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Change in Status. The supervising nonpublic school or institution described in §A of this regulation shall notify the local school superintendent if a change occurs in the status of a home schooled student whose instruction was under its supervision during the school year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1984 (11:12 Md. R. 1064)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed effective July 27, 1987 (14:15 Md. R. 1661)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 adopted effective July 27, 1987 (14:15 Md. R. 1661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 20, 2016 (43:12 Md. R. 668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective July 21, 2003 (30:14 Md. R. 937)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E amended effective August 12, 2019 (46:16 Md. R. 689)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 20, 2016 (43:12 Md. R. 668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 21, 2003 (30:14 Md. R. 937)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 15, 1989 (15:27 Md. R. 3137); December 23, 1991 (18:25 Md. R. 2758); July 21, 2003 (30:14 Md. R. 937); June 20, 2016 (43:12 Md. R. 668)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective August 12, 2019 (46:16 Md. R. 689)</annotation> </annotations> </chapter> </subtitle> <subtitle num="11" heading="Programs for Adults With Disabilities"> <chapter num="01" heading="Vocational Rehabilitation Services"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements the Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq., 34 CFR 361 and 363, and Education Article, §§21-301—21-304, Annotated Code of Maryland, which establish a program of vocational rehabilitation services to assist transitioning students, consistent with Regulation .04A of this chapter, and adults with disabilities to become employed. Regulations .10—.13 and .15—.17 of this chapter are State-imposed requirements.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>This chapter implements a Statewide comprehensive, coordinated, effective, efficient, and accountable program of vocational rehabilitation, which is:</text> <paragraph num="A."> <text>An integral part of the Statewide workforce investment system; and</text> </paragraph> <paragraph num="B."> <text>Designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that the individuals may prepare for and engage in gainful employment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means an individual who:</text> <paragraph num="(a)"> <text>Has requested vocational rehabilitation services provided by the Division;</text> </paragraph> <paragraph num="(b)"> <text>Has completed and signed the Division's application form or provided equivalent information;</text> </paragraph> <paragraph num="(c)"> <text>Has provided information necessary to initiate an assessment to determine eligibility and priority for services; and</text> </paragraph> <paragraph num="(d)"> <text>Is available to complete the assessment process.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Client” means an applicant for or recipient of vocational rehabilitation services provided by the Division.</text> </paragraph> <paragraph num="(3)"> <text>“Client Assistance Program” means a program administered by the Division to provide assistance to applicants and eligible individuals including:</text> <paragraph num="(a)"> <text>Advising and informing applicants and eligible individuals of all services and benefits available to them through programs authorized under the Rehabilitation Act of 1973, as amended;</text> </paragraph> <paragraph num="(b)"> <text>Informing individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under the Act and under Title I of the Americans with Disabilities Act of 1990, and their rights and responsibilities in connection with those benefits;</text> </paragraph> <paragraph num="(c)"> <text>Assisting and advocating for applicants and eligible individuals in their relationships with projects, programs, and community rehabilitation programs providing rehabilitation services under the Act; and</text> </paragraph> <paragraph num="(d)"> <text>Helping applicants and eligible individuals by pursuing, or assisting them in pursuing legal, administrative, and other available remedies when necessary to ensure the protection of their rights under the Act.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Community rehabilitation program” means a program that:</text> <paragraph num="(a)"> <text>Provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities; and</text> </paragraph> <paragraph num="(b)"> <text>Is approved or certified by the Division.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Competitive employment” means work in the competitive labor market:</text> <paragraph num="(a)"> <text>That is performed on a full-time or part-time basis in an integrated setting; and</text> </paragraph> <paragraph num="(b)"> <text>For which an individual is compensated at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Customary charge” means the usual charge to the general public for goods and services.</text> </paragraph> <paragraph num="(7)"> <text>“Director” means the Assistant State Superintendent in Rehabilitation Services.</text> </paragraph> <paragraph num="(8)"> <text>“Division” means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation program.</text> </paragraph> <paragraph num="(9)"> <text>“Eligible individual” means an individual who meets the criteria in Regulation .05 of this chapter.</text> </paragraph> <paragraph num="(10)"> <text>“Employment goal” means the occupation or profession, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, which is expected to be achieved as a result of the provision of vocational rehabilitation services.</text> </paragraph> <paragraph num="(11)"> <text>“Employment outcome” means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including: self-employment, telecommuting, or business ownership.</text> </paragraph> <paragraph num="(12)"> <text>“Extended services” means the ongoing support services and other appropriate services needed to support and maintain an individual with the most significant disability in supported employment after time-limited services have been provided by the Division.</text> </paragraph> <paragraph num="(13)"> <text>“Extreme medical risk” means a probability of substantially increasing functional impairment or risk of death if medical services, including mental health services, are not provided expeditiously.</text> </paragraph> <paragraph num="(14)"> <text>“Family member” or “member of the family” means a relative or guardian of an individual with disabilities or another individual living in the same household who has a substantial interest in the well-being of the individual and whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.</text> </paragraph> <paragraph num="(15)"> <text>“Individual's representative” means any person chosen by the applicant or eligible individual, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.</text> </paragraph> <paragraph num="(16)"> <text>“Individual with a most significant disability” means an individual:</text> <paragraph num="(a)"> <text>Who meets the definition of individual with a significant disability; and</text> </paragraph> <paragraph num="(b)"> <text>Whose disability seriously limits three or more functional capabilities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Individual with a significant disability” means an individual:</text> <paragraph num="(a)"> <text>Who has a severe physical or mental impairment that seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;</text> </paragraph> <paragraph num="(b)"> <text>Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and</text> </paragraph> <paragraph num="(c)"> <text>Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment of rehabilitation needs to cause comparable substantial functional limitation.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Institution of higher education” means a university, college, community/junior college, vocational school, technical institute, or hospital school of nursing.</text> </paragraph> <paragraph num="(19)"> <text>“Integrated work setting” means, with respect to:</text> <paragraph num="(a)"> <text>The provision of services, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals other than nondisabled individuals who are providing services to them; and</text> </paragraph> <paragraph num="(b)"> <text>An employment outcome, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to them, to the same extent that nondisabled individuals in comparable positions interact with other persons.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>Ongoing Support Services.</text> <paragraph num="(a)"> <text>“Ongoing support services” means services that are needed to support and maintain an individual with a most significant disability in supported employment as specified in the individualized plan for employment.</text> </paragraph> <paragraph num="(b)"> <text>“Ongoing support services” includes, at a minimum:</text> <paragraph num="(i)"> <text>Twice monthly contact with the individual at the work site to assess job stability, unless it is determined that off-site monitoring is more appropriate;</text> </paragraph> <paragraph num="(ii)"> <text>If monitoring is off-site, at least two meetings monthly with the individual.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Ongoing support services” occur throughout the term of employment during both the time limited phase and the extended services phase.</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>Personal Assistance Services.</text> <paragraph num="(a)"> <text>“Personal assistance services” means a range of services:</text> <paragraph num="(i)"> <text>Provided by one or more persons;</text> </paragraph> <paragraph num="(ii)"> <text>Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability;</text> </paragraph> <paragraph num="(iii)"> <text>Designed to increase the individual's control in life and ability to perform everyday activities on or off the job; and</text> </paragraph> <paragraph num="(iv)"> <text>Necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Personal assistance services” may include training in managing, supervising, and directing personal assistance services.</text> </paragraph> </paragraph> <paragraph num="(22)"> <text>“Physical or mental impairment” means an injury, disease, or other condition that materially limits, or, if not treated, is expected to materially limit, mental or physical functioning.</text> </paragraph> <paragraph num="(23)"> <text>“Preauthorized” means an approval required from the Division before services or goods can be purchased.</text> </paragraph> <paragraph num="(24)"> <text>“Prescription” means a written order for medicine, medical supplies, or equipment, signed by a physician, dentist, podiatrist, or other authorized professional.</text> </paragraph> <paragraph num="(25)"> <text>“Provider” means an individual, organization, institution, corporation, or other group from which the Division may purchase goods or services for an applicant or eligible individual.</text> </paragraph> <paragraph num="(26)"> <text>“Purchase order” means a Division document authorizing a purchase from a provider.</text> </paragraph> <paragraph num="(27)"> <text>“Purchasing card” means the authorized use of a State of Maryland corporate credit card to make a purchase from an approved provider by an authorized user.</text> </paragraph> <paragraph num="(28)"> <text>Rehabilitation Technology.</text> <paragraph num="(a)"> <text>“Rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation.</text> </paragraph> <paragraph num="(b)"> <text>“Rehabilitation technology” includes:</text> <paragraph num="(i)"> <text>Rehabilitation engineering;</text> </paragraph> <paragraph num="(ii)"> <text>Assistive technology devices; and</text> </paragraph> <paragraph num="(iii)"> <text>Assistive technology services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Substantial impediment to employment” means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.</text> </paragraph> <paragraph num="(30)"> <text>“Supported employment” means:</text> <paragraph num="(a)"> <text>Competitive work in integrated work settings, or employment in integrated work settings where individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, for individuals with the most significant disabilities:</text> <paragraph num="(i)"> <text>For whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a significant disability, and</text> </paragraph> <paragraph num="(ii)"> <text>Who, because of the nature and severity of their disabilities, need intensive supported employment services from the designated State unit and extended services after transition in order to perform this work; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Transitional employment for individuals with the most significant disabilities due to mental illness.</text> </paragraph> </paragraph> <paragraph num="(31)"> <text>“Supported employment services” means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment, that are:</text> <paragraph num="(a)"> <text>Based on an assessment by the Division of the individual's needs as specified in an individualized plan for employment;</text> </paragraph> <paragraph num="(b)"> <text>Provided singly or in combination and are organized and made available in such a way as to assist an individual to achieve employment; and</text> </paragraph> <paragraph num="(c)"> <text>Provided by the Division for a period not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized plan for employment, before transition is made to extended services provided under a cooperative agreement with other appropriate State agencies and private, nonprofit organizations.</text> </paragraph> </paragraph> <paragraph num="(32)"> <text>“Transition services” means a coordinated set of activities for a student that:</text> <paragraph num="(a)"> <text>Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;</text> </paragraph> <paragraph num="(b)"> <text>Is based upon the individual student's needs, taking into account the student's preferences and interests; and</text> </paragraph> <paragraph num="(c)"> <text>Includes instruction, community experiences, the development of employment, and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.</text> </paragraph> </paragraph> <paragraph num="(33)"> <text>“Transitional employment”, as used in the definition of “supported employment”, means a series of temporary job placements in competitive employment with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.</text> </paragraph> <paragraph num="(34)"> <text>“Vocational rehabilitation services”, when provided to an individual with disabilities, means those services listed under Regulation .08 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>Division of Rehabilitation Services Fee Schedule, Rehabilitation Services Manual V (RSM V) (Maryland State Department of Education, updated through August 2014).</text> </paragraph> <paragraph num="(2)"> <text>Medicare Fees (109 percent of the Baltimore metropolitan area rates), established by the Center for Medicare and Medicaid Services, updated annually.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Referral and Application."> <paragraph num="A."> <text>An individual may apply for vocational rehabilitation services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school.</text> </paragraph> <paragraph num="B."> <text>The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for vocational rehabilitation services under Regulation .05 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The Division shall schedule an interview with the individual upon initial contact or referral to:</text> <paragraph num="(1)"> <text>Explain the vocational rehabilitation process, the individual's rights, including the right to an appeal hearing, the right to pursue mediation, and the availability of the resources within the Client Assistance Program; and</text> </paragraph> <paragraph num="(2)"> <text>Assist the individual to apply for vocational and other rehabilitation services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Division shall conduct an assessment for determining eligibility and vocational rehabilitation needs, as appropriate in each case, including:</text> <paragraph num="(1)"> <text>An assessment for determining eligibility and priority for services, to determine whether the client meets the eligibility criteria under Regulation .05 or .06 of this chapter and can be served under the order of selection according to Regulation .13 of this chapter, including:</text> <paragraph num="(a)"> <text>A review and assessment of existing data; and</text> </paragraph> <paragraph num="(b)"> <text>To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including assistive technology devices and services and worksite assessments, that are necessary to determine whether an individual is eligible;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A comprehensive assessment of the eligible individual, to the extent additional data is necessary to make a determination of the employment outcome, and the objectives, nature, and scope of vocational rehabilitation services to be included in the individualized plan for employment of an individual who meets the eligibility criteria under Regulation .05 or .06 of this chapter and meets order of selection criteria under Regulation .13 of this chapter, and the assessment shall:</text> <paragraph num="(a)"> <text>Consist of a comprehensive assessment of pertinent medical, psychological, vocational, educational, recreational, and other factors relating to the individual's impediment to employment and rehabilitation needs;</text> </paragraph> <paragraph num="(b)"> <text>Include an assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment services of an eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual;</text> </paragraph> <paragraph num="(c)"> <text>Include to the degree needed, an appraisal of the individual's:</text> <paragraph num="(i)"> <text>Career interests,</text> </paragraph> <paragraph num="(ii)"> <text>Personality,</text> </paragraph> <paragraph num="(iii)"> <text>Intelligence and related functional capacities,</text> </paragraph> <paragraph num="(iv)"> <text>Educational achievement,</text> </paragraph> <paragraph num="(v)"> <text>Work experience,</text> </paragraph> <paragraph num="(vi)"> <text>Personal, vocational, and social adjustment,</text> </paragraph> <paragraph num="(vii)"> <text>Interpersonal skills,</text> </paragraph> <paragraph num="(viii)"> <text>Vocational aptitude,</text> </paragraph> <paragraph num="(ix)"> <text>Employment opportunities, and</text> </paragraph> <paragraph num="(x)"> <text>Other pertinent data helpful in determining the nature and scope of services needed;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Include, as appropriate for each individual, an appraisal of the individual's patterns of work behavior, services needed to acquire occupational skill and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, and the need for rehabilitation technology services;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Other goods or services including rehabilitation technology services necessary to determine eligibility, priority for services, and rehabilitation needs;</text> </paragraph> <paragraph num="(4)"> <text>Referral to other agencies or organizations when appropriate;</text> </paragraph> <paragraph num="(5)"> <text>The provision of vocational rehabilitation services during trial work experiences, or an extended evaluation, or both, consistent with Regulation .06 of this chapter for the purpose of determining whether the individual can benefit from vocational rehabilitation services due to the severity of the individual's disability.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Eligibility."> <paragraph num="A."> <text>The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation.</text> </paragraph> <paragraph num="B."> <text>An applicant's eligibility for vocational rehabilitation services shall be based upon:</text> <paragraph num="(1)"> <text>The presence of a physical or mental impairment which for the applicant constitutes or results in a substantial impediment to employment;</text> </paragraph> <paragraph num="(2)"> <text>A presumption that the applicant can benefit in terms of an employment outcome from the provision of rehabilitation services, unless the Division demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefitting in terms of an employment outcome from vocational rehabilitation services; and</text> </paragraph> <paragraph num="(3)"> <text>A determination that the applicant requires vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual who has a disability or is blind as determined pursuant to Title II or Title XVI of the Social Security Act is presumed to be eligible for vocational rehabilitation services:</text> <paragraph num="(1)"> <text>If the individual completes an application for rehabilitation services indicating an intention to achieve an employment outcome; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the Division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An individual who is eligible for Maryland Mental Hygiene Administration funded or Maryland Developmental Disabilities Administration funded supported employment is presumed to be eligible for vocational rehabilitation services and to have a most significant disability in accordance with Regulation .13 of this chapter:</text> <paragraph num="(1)"> <text>If the individual completes an application for rehabilitation services indicating an intention to achieve an employment outcome; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the Division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An applicant is eligible for supported employment services if the applicant:</text> <paragraph num="(1)"> <text>Is an individual with a most significant disability; and</text> </paragraph> <paragraph num="(2)"> <text>Has been determined by a comprehensive assessment of rehabilitation needs, as set forth in Regulation .04D of this chapter, to need ongoing support services in order to perform work activity.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Division shall certify in writing the reasons for finding an applicant eligible or ineligible for vocational rehabilitation services and shall have medical and other pertinent documentation supporting the certification.</text> </paragraph> <paragraph num="G."> <text>Certification that an individual is ineligible for vocational rehabilitation services shall be based upon clear evidence and made in accordance with the procedures in Regulation .14A and B of this chapter.</text> </paragraph> <paragraph num="H."> <text>The certification of eligibility or ineligibility shall be dated and signed by the vocational rehabilitation counselor.</text> </paragraph> <paragraph num="I."> <text>The rehabilitation counselor shall determine eligibility or ineligibility not later than 60 days after the date of application unless:</text> <paragraph num="(1)"> <text>The applicant has been notified that exceptional and unforeseen circumstances beyond the control of the counselor preclude the counselor from completing the determination within 60 days, the applicant agrees to a specific extension of time, and this agreement is documented in writing; or</text> </paragraph> <paragraph num="(2)"> <text>Trial work experiences or extended evaluation is necessary in accordance with Regulation .06 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Trial Work Experiences and Extended Evaluation."> <paragraph num="A."> <text>The Division shall:</text> <paragraph num="(1)"> <text>Provide vocational rehabilitation services under trial work experiences or under an extended evaluation, if the individual cannot participate in trial work, to determine vocational rehabilitation potential, if:</text> <paragraph num="(a)"> <text>The applicant meets the criterion under Regulation .05B(1) of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>A determination cannot be made under Regulation .05B(2) of this chapter because of the severity of the disability unless the applicant participates in trial work experiences or extended evaluation, or both;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Certify in writing the reasons for providing vocational rehabilitation services under this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Develop a written trial work plan or extended evaluation plan for each individual who is provided vocational rehabilitation services under this regulation;</text> </paragraph> <paragraph num="(4)"> <text>Provide vocational rehabilitation services under this regulation for a total period not longer than 18 months; and</text> </paragraph> <paragraph num="(5)"> <text>Provide trial work experiences, or extended evaluation if the individual cannot participate in trial work, before a determination that an individual does not meet eligibility criteria because the individual cannot benefit in terms of an employment outcome due to the severity of the disability.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The trial work plan or extended evaluation plan shall be dated and signed by the vocational rehabilitation counselor.</text> </paragraph> <paragraph num="C."> <text>The Division shall assess the individual's progress as frequently as necessary but at least once every 90 days to determine whether the individual meets the criterion under Regulation .05B(2) of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Individualized Plan for Employment."> <paragraph num="A."> <text>An individualized plan for employment shall be initiated and periodically updated by each eligible individual. Division staff shall advise each eligible individual who can be served under the order of selection of the options for development of the individualized plan for employment, including the availability of technical assistance from the vocational rehabilitation counselor. The individualized plan for employment shall be developed by the eligible individual or, as appropriate, the individual and the individual's representative, with assistance from the vocational rehabilitation counselor as requested by the eligible individual. Vocational rehabilitation services shall be provided in accordance with the written plan if approved by the Division.</text> </paragraph> <paragraph num="B."> <text>The individualized plan for employment shall be based on results of assessments under Regulation .04D of this chapter to achieve the employment goal of the eligible individual.</text> </paragraph> <paragraph num="C."> <text>The individualized plan for employment shall include, as appropriate:</text> <paragraph num="(1)"> <text>The employment goal of the eligible individual based on the individual's unique strengths, abilities, capabilities, interests, and informed choice, and results of assessments under Regulation .04D of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>The month/year that employment is expected to begin;</text> </paragraph> <paragraph num="(3)"> <text>The specific vocational rehabilitation services to be provided to achieve the established employment goal including:</text> <paragraph num="(a)"> <text>When the service/activity will begin;</text> </paragraph> <paragraph num="(b)"> <text>Where it will take place;</text> </paragraph> <paragraph num="(c)"> <text>How it will help the individual become employed;</text> </paragraph> <paragraph num="(d)"> <text>How it will be determined successful;</text> </paragraph> <paragraph num="(e)"> <text>Cost; and</text> </paragraph> <paragraph num="(f)"> <text>Who will pay;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A statement regarding post-employment services;</text> </paragraph> <paragraph num="(5)"> <text>The terms and conditions for the provision of vocational rehabilitation services including the:</text> <paragraph num="(a)"> <text>Responsibilities of the Division in implementing the individualized plan for employment;</text> </paragraph> <paragraph num="(b)"> <text>Responsibilities of the eligible individual in implementing the individualized plan for employment;</text> </paragraph> <paragraph num="(c)"> <text>Extent of the eligible individual's participation in the cost of services, if any; and</text> </paragraph> <paragraph num="(d)"> <text>Extent to which comparable services and benefits:</text> <paragraph num="(i)"> <text>Are available to the eligible individual under any other program, and</text> </paragraph> <paragraph num="(ii)"> <text>Will be used;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>The comments of the eligible individual or, as appropriate, the eligible individual and the individual's representative, concerning the individualized plan for employment; and</text> </paragraph> <paragraph num="(7)"> <text>A description of the availability of the resources within the Client Assistance Program and a statement of the individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to:</text> <paragraph num="(a)"> <text>Pursue mediation; and</text> </paragraph> <paragraph num="(b)"> <text>An appeal hearing under COMAR 13A.11.07;</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Each individualized plan for employment shall contain, for individuals with the most significant disabilities for whom a vocational goal of supported employment has been determined to be appropriate, a description of the:</text> <paragraph num="(1)"> <text>Extended services needed by the individual; and</text> </paragraph> <paragraph num="(2)"> <text>The source of extended services, or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that a source will become available.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The individualized plan for employment shall be reviewed as often as necessary but at least on an annual basis. The eligible individual or, as appropriate, the individual's representative, shall be given an opportunity to review the plan and, if necessary, redevelop and agree to its terms.</text> </paragraph> <paragraph num="F."> <text>The eligible individual or, as appropriate, the eligible individual and the individual's representative, shall sign the individualized plan for employment and any amendments indicating that the individual agrees to its terms.</text> </paragraph> <paragraph num="G."> <text>The Division counselor and supervisor, unless the counselor has delegated authority, shall review the individualized plan for employment and shall sign it if it is approved.</text> </paragraph> <paragraph num="H."> <text>Individualized plans for employment shall be completed within the timeframe established by the Division.</text> </paragraph> <paragraph num="I."> <text>The individualized plan for employment for students in secondary education who have been determined eligible for vocational rehabilitation services in accordance with Regulation .05 of this chapter and can be served under the order of selection in accordance with Regulation .13 of this chapter shall be:</text> <paragraph num="(1)"> <text>Coordinated with the student's individualized education plan, if applicable; and</text> </paragraph> <paragraph num="(2)"> <text>Completed before the student's exit from school.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The Division shall provide a copy of the individualized plan for employment and any amendments to the eligible individual or, as appropriate, the eligible individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the individualized plan for employment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Vocational Rehabilitation Services."> <text>Vocational rehabilitation services are any goods or services necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including:</text> <paragraph num="A."> <text>An assessment for determining eligibility, priority for services, and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;</text> </paragraph> <paragraph num="B."> <text>Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;</text> </paragraph> <paragraph num="C."> <text>Referral and other services to secure needed services from other agencies through cooperative agreements;</text> </paragraph> <paragraph num="D."> <text>To the extent that financial support is not readily available from another source, diagnosis and treatment of physical and mental impairments, including:</text> <paragraph num="(1)"> <text>Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of a nature that the correction or modification may reasonably be expected to eliminate or reduce the impediment to employment within a reasonable length of time;</text> </paragraph> <paragraph num="(2)"> <text>Necessary hospitalization in connection with surgery or treatment;</text> </paragraph> <paragraph num="(3)"> <text>Prosthetic and orthotic devices;</text> </paragraph> <paragraph num="(4)"> <text>Eyeglasses and visual services as prescribed by qualified personnel who meet state licensure laws and who are selected by the individual;</text> </paragraph> <paragraph num="(5)"> <text>Special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-state renal disease; and</text> </paragraph> <paragraph num="(6)"> <text>Diagnosis and treatment for mental and emotional disorders by qualified personnel who meet state licensure laws;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Vocational and other training services, including personal and vocational adjustment, education at an institution of higher education, books and supplies, tools, and other training materials or education-related services except that training services provided at an institution of higher education may not be paid for unless maximum efforts have been made by the Division and the eligible individual to secure grant assistance, in whole or in part, from other sources to pay for the training;</text> </paragraph> <paragraph num="F."> <text>Maintenance for additional costs incurred while participating in rehabilitation services which covers an applicant or eligible individual's living expenses, such as food, shelter, clothes, and other subsistence expenses which are necessary to support and derive the full benefit of the other vocational rehabilitation services being provided;</text> </paragraph> <paragraph num="G."> <text>Interpreter services for applicants or eligible individuals who are deaf or hard of hearing, including tactile interpreting for individuals who are deaf-blind;</text> </paragraph> <paragraph num="H."> <text>Reader services, rehabilitation teaching services, and orientation and mobility services for applicants or eligible individuals who are blind or visually impaired;</text> </paragraph> <paragraph num="I."> <text>Occupational licenses, tools, equipment, and initial stocks and supplies;</text> </paragraph> <paragraph num="J."> <text>Transportation, including adequate training in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service and needed by the individual to achieve an employment outcome;</text> </paragraph> <paragraph num="K."> <text>Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;</text> </paragraph> <paragraph num="L."> <text>Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent the resources are authorized to be provided through the Statewide workforce investment system to eligible individuals who are pursuing self-employment or telecommuting, or establishing a small business;</text> </paragraph> <paragraph num="M."> <text>Services to members of an applicant's or eligible individual's family when necessary to assist the individual to achieve an employment outcome;</text> </paragraph> <paragraph num="N."> <text>Job-related services including job search and placement assistance, job retention services, follow-up services, and follow-along services;</text> </paragraph> <paragraph num="O."> <text>Specific post-employment services necessary to assist individuals with disabilities to maintain, regain, or advance in employment;</text> </paragraph> <paragraph num="P."> <text>Supported employment services, as defined in Regulation .03 of this chapter;</text> </paragraph> <paragraph num="Q."> <text>On-the-job or other related personal assistance services provided while an applicant or eligible individual is receiving rehabilitation services;</text> </paragraph> <paragraph num="R."> <text>Transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the individualized plan for employment;</text> </paragraph> <paragraph num="S."> <text>Other goods and services determined necessary for the individual with a disability to achieve an employment outcome.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Comparable Services and Benefits."> <paragraph num="A."> <text>Before the Division provides any vocational rehabilitation services, except those services listed in §B of this regulation, to an applicant or eligible individual or to members of that individual's family, the Division shall determine whether comparable services and benefits are available under any other program.</text> </paragraph> <paragraph num="B."> <text>This regulation does not apply to the following services:</text> <paragraph num="(1)"> <text>Assessment of eligibility and priority for services and assessment of vocational rehabilitation needs;</text> </paragraph> <paragraph num="(2)"> <text>Counseling, guidance, and referral;</text> </paragraph> <paragraph num="(3)"> <text>Placement services;</text> </paragraph> <paragraph num="(4)"> <text>Rehabilitation technology services; and</text> </paragraph> <paragraph num="(5)"> <text>Post-employment services as listed under §B(1)—(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This regulation does not apply if the determination of the availability of comparable services and benefits would interrupt or delay:</text> <paragraph num="(1)"> <text>The provision of vocational rehabilitation services to any applicant or eligible individual at extreme medical risk based on medical evidence provided by an appropriate licensed medical professional;</text> </paragraph> <paragraph num="(2)"> <text>The progress of the eligible individual toward achieving the employment outcome identified in the individualized plan for employment of the individual in accordance with Regulation .07 of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>An immediate job placement.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If comparable services and benefits are available, they shall be used to meet, in whole or in part, the cost of vocational rehabilitation services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Financial Participation of the Applicant or Eligible Individual in the Cost of Services."> <paragraph num="A."> <text>The following persons shall participate annually in the cost of vocational rehabilitation services in accordance with this regulation, except for the services listed in §B of this regulation:</text> <paragraph num="(1)"> <text>The applicant or eligible individual; and</text> </paragraph> <paragraph num="(2)"> <text>Any other person who:</text> <paragraph num="(a)"> <text>Claims the applicant or eligible individual as a dependent for federal tax purposes; or</text> </paragraph> <paragraph num="(b)"> <text>Is required to provide financial information on the eligible individual's free application for federal student aid, in accordance with the Higher Education Act of 1965, as amended.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>This regulation does not apply to the following:</text> <paragraph num="(1)"> <text>Assessment and related services to determine eligibility, priority for services, and vocational rehabilitation needs;</text> </paragraph> <paragraph num="(2)"> <text>Counseling, guidance, and referral services;</text> </paragraph> <paragraph num="(3)"> <text>Services provided by teachers for the blind employed by the Division;</text> </paragraph> <paragraph num="(4)"> <text>Supported employment services under Regulation .08P of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Personal assistance services;</text> </paragraph> <paragraph num="(6)"> <text>Placement services, including job coaching and on-job training; and</text> </paragraph> <paragraph num="(7)"> <text>Auxiliary aids or services, for example, interpreter services or reader services, that an individual requires in order to participate in the Vocational Rehabilitation Program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Amount of Financial Participation of the Applicant or Eligible Individual or Family.</text> <paragraph num="(1)"> <text>The amount of the applicant's or eligible individual's annual financial participation in the cost of rehabilitation services shall be based upon available income and family unit size (number of dependents claimed for federal tax purposes) and determined in accordance with the schedule in Regulation .15 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The amount of the applicant's or eligible individual's annual financial participation in rehabilitation services may not exceed the cost of services provided to the individual by the Division.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Available income shall be calculated by:</text> <paragraph num="(1)"> <text>Adding annual adjusted gross income as reported on the most recent federal tax return and current annual nontaxable income including Social Security, workers' compensation, and veteran benefits;</text> </paragraph> <paragraph num="(2)"> <text>Subtracting any deductible medical and dental expenses as reported on the Internal Revenue Service Form 1040, Schedule A, of the most recent federal tax return; and</text> </paragraph> <paragraph num="(3)"> <text>Subtracting any substantiated disability-related expenses not included in §D(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When the current income of the applicant or eligible individual or the person who claims the individual for federal income tax purposes is substantially different from that reported on the most recent federal tax return, the available income shall be determined using current financial information.</text> </paragraph> <paragraph num="F."> <text>The applicant or eligible individual and any person required to participate in cost of services in accordance with Regulation .10 of this chapter shall:</text> <paragraph num="(1)"> <text>Complete a financial statement on a form prescribed by the Division; and</text> </paragraph> <paragraph num="(2)"> <text>Promptly notify the Division of any changes in financial status as a condition for the provision of vocational rehabilitation services.</text> </paragraph> </paragraph> <paragraph num="G."> <text>An eligible individual receiving Social Security Disability Insurance, or Supplemental Security Income or other form of public assistance income is not required to participate financially in the cost of vocational rehabilitation services.</text> </paragraph> <paragraph num="H."> <text>The Division shall review the eligible individual's financial status annually.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Accident or Injury Claims."> <text>If the eligible individual pursues a claim against another party arising out of an accident or injury and recovers the costs of vocational rehabilitation services provided to the individual by the Division, the individual shall agree to repay the Division the cost of those services.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Training in Institutions of Higher Education."> <paragraph num="A."> <text>An eligible individual who requests financial assistance for training and related services in institutions of higher education shall submit an annual financial aid application to the U.S. Department of Education, Student Financial Assistance Programs, and provide the rehabilitation counselor a copy of the resulting Student Aid Report, as a condition for the provision of those services.</text> </paragraph> <paragraph num="B."> <text>An exception to this requirement will be considered in the following circumstances:</text> <paragraph num="(1)"> <text>The individual is seeking admittance to an institution not participating in the federal student financial aid process; or</text> </paragraph> <paragraph num="(2)"> <text>The individual is enrolling for non-degree courses, that is, selected courses that are not part of a degree program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Division financial assistance for post-secondary education for individuals ineligible for federal financial aid because of previous loan default or history of drug conviction requires the approval of the Director or designee.</text> </paragraph> <paragraph num="D."> <text>Division's Financial Assistance. The amount of financial assistance to be provided to the eligible individual by the Division shall be equal to:</text> <paragraph num="(1)"> <text>The individual's educational expenses, determined in accordance with §E of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Minus the amount of grants and scholarships not including scholarships based on merit, awarded to the individual to attend the institution of higher education;</text> </paragraph> <paragraph num="(3)"> <text>Minus the individual/family financial participation in accordance with Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Educational Expenses.</text> <paragraph num="(1)"> <text>The Division shall determine the eligible individual's educational expenses based on the cost of:</text> <paragraph num="(a)"> <text>Training services, including tuition, mandatory fees, books, and supplies;</text> </paragraph> <paragraph num="(b)"> <text>Training-related expenses that are necessitated by attending an institution of higher education, such as the cost of commuting to and from the institution, but only to the extent that these costs exceed the individual's normal living expenses;</text> </paragraph> <paragraph num="(c)"> <text>Room and board, only if:</text> <paragraph num="(i)"> <text>The individual resides 45 miles or more from the institution of higher education and a comparable educational program is not available within 45 miles or disability issues require residence at the institution;</text> </paragraph> <paragraph num="(ii)"> <text>The individual does not receive comparable benefits according to Regulation .09 of this chapter for living expenses; and</text> </paragraph> <paragraph num="(iii)"> <text>The Director or designee approves; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Other related expenses with the approval of the Director or designee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The cost of tuition and fees for the first 60 credits of a post-secondary program or in pursuit of a certificate or associate's degree may not exceed the rate of Montgomery (Community) College unless:</text> <paragraph num="(a)"> <text>Disability issues or cost efficiency requires participation in a 4-year institution of post-secondary education for the first 60 credits; and</text> </paragraph> <paragraph num="(b)"> <text>The Director or designee approves.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The cost of tuition, fees, room, and board beyond 60 credits in pursuit of a bachelor's degree or unless an exception has been granted in accordance with §D(2)(a) of this regulation, may not exceed the in-State rates established for the University of Maryland at College Park. Exceptions may be based on disability factors and cost efficiency and require approval of the Director.</text> </paragraph> <paragraph num="(4)"> <text>Additional costs related to the individual's choice to attend an out-of-State or private institution are the responsibility of the individual and may not be included as educational expenses.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Satisfactory Academic Progress.</text> <paragraph num="(1)"> <text>To be eligible for the continuation of the Division's financial assistance at an institution of higher education, an eligible individual shall:</text> <paragraph num="(a)"> <text>Earn credit on a minimum of 75 percent of all credits for which the individual registered each semester or grading period;</text> </paragraph> <paragraph num="(b)"> <text>Maintain a minimum average grade of “C” or its equivalent on all credits completed each semester or grading period; and</text> </paragraph> <paragraph num="(c)"> <text>Maintain eligibility for financial aid in accordance with the institution of higher education's written criteria for satisfactory academic progress toward a degree or certificate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An eligible individual shall meet the requirements set forth in §F(1) of this regulation on a minimum of six credits at an institution of higher education before being reconsidered for financial assistance by the Division if the individual:</text> <paragraph num="(a)"> <text>Was dismissed by an institution of higher education; or</text> </paragraph> <paragraph num="(b)"> <text>Stopped attending an institution of higher education due to the individual's failure to maintain satisfactory academic progress in accordance with the institution of higher education's academic requirements, or financial aid eligibility criteria.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>The individual may not change the course of studies or major agreed on in the individualized plan for employment without prior approval of the Division.</text> </paragraph> <paragraph num="H."> <text>Graduate Education. The Division will provide financial assistance for graduate education:</text> <paragraph num="(1)"> <text>Only when it is determined to be necessary and essential to the achievement of the employment goal on the approved individualized plan for employment; and</text> </paragraph> <paragraph num="(2)"> <text>With the approval of the Director or designee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Order of Selection for Services."> <paragraph num="A."> <text>Vocational rehabilitation services shall be provided based upon the availability of funds.</text> </paragraph> <paragraph num="B."> <text>If sufficient funds are not available to provide vocational rehabilitation services to all eligible individuals, the Division shall:</text> <paragraph num="(1)"> <text>Institute an order of selection for services providing services on a priority basis to individuals in Category I, then Category II, then Category III, as follows:</text> <paragraph num="(a)"> <text>Category I: Individuals with most significant disabilities, in accordance with Regulation .03B(16) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Category II: Individuals with significant disabilities, in accordance with Regulation .03B(17) of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Category III: Individuals with non-severe disabilities, who are eligible for services in accordance with Regulation .05, but do not meet the criteria in Regulation .03B(16) or (17) of this chapter; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Hold the names of eligible individuals who cannot be served on a waiting list; and</text> </paragraph> <paragraph num="(3)"> <text>Provide eligible individuals who cannot be served with information and referral to other federal and State programs which would meet their employment needs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Closure of the Record of Services."> <paragraph num="A."> <text>The decision to close a record of services of an applicant or eligible individual shall be made only after full consultation with the individual or, as appropriate, the individual and the individual's representative, or after giving an opportunity for this consultation, except when the individual is no longer present in the State, or cannot be located. The views of the eligible individual or, as appropriate, the individual and the individual's representative shall be recorded in the record of services.</text> </paragraph> <paragraph num="B."> <text>Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative written notice of the:</text> <paragraph num="(1)"> <text>Reasons for the decision;</text> </paragraph> <paragraph num="(2)"> <text>Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and</text> </paragraph> <paragraph num="(3)"> <text>Availability and access to the resources within the Client Assistance Program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a record of services is closed based on a determination that an individual is ineligible for services, referral shall be made to other agencies and programs, including, when appropriate, the independent living services program under COMAR 13A.11.03.</text> </paragraph> <paragraph num="D."> <text>If a record of services is closed based on a determination that the individual is incapable of achieving an employment outcome due to the severity of the disability, the Division shall review the decision within 12 months after giving the individual written notice and opportunity to participate in the review, unless the individual refuses the review, is no longer present in the State, cannot be located, or has a medical condition which is rapidly progressive or terminal. The Division shall conduct subsequent reviews at the request of the individual or, if appropriate, the individual's representative.</text> </paragraph> <paragraph num="E."> <text>An individual shall be considered rehabilitated if the individual has:</text> <paragraph num="(1)"> <text>Been determined eligible under Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Been provided an assessment to determine eligibility and rehabilitation needs and a comprehensive assessment, if required, and counseling and guidance;</text> </paragraph> <paragraph num="(3)"> <text>Been provided appropriate and substantial vocational rehabilitation services, in accordance with the individualized plan for employment, which contributed to the achievement of the employment outcome;</text> </paragraph> <paragraph num="(4)"> <text>Achieved an employment outcome consistent with the individual's strengths, resources, priorities, concerns, abilities, interests, and informed choice which is in an integrated setting; and</text> </paragraph> <paragraph num="(5)"> <text>Maintained the employment outcome for at least 90 days, and agreed with the rehabilitation counselor that the:</text> <paragraph num="(a)"> <text>Employment is satisfactory, and</text> </paragraph> <paragraph num="(b)"> <text>Individual is performing well on the job.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>After an individual has been determined to be rehabilitated, the Division shall provide post-employment services if necessary to assist an individual to maintain or regain other suitable employment.</text> </paragraph> <paragraph num="G."> <text>The Division shall review and reevaluate annually for a minimum of 2 years and subsequently at the request of the individual, or, if appropriate, the individual's representative, the status of each individual placed in extended employment in a community rehabilitation program or in supported employment not earning minimum wage to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment. The individual or, if appropriate, the individual's representative shall provide input into the review and sign an acknowledgement that the review and reevaluation have been conducted. If determined appropriate, the individual's record of services will be reopened.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Financial Participation Schedule."> <text>Annual Amount of Individual/Family Financial Participation Available Income 1 2 3 4 5 6 7 8 $24,000 and below $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $24,001—$28,000 228 0 0 0 0 0 0 0 $28,001—$32,000 375 263 0 0 0 0 0 0 $32,001—$36,000 553 425 0 0 0 0 0 0 $36,001—$40,000 760 616 333 0 0 0 0 0 $40,001—$44,000 998 840 525 0 0 0 0 0 $44,001—$48,000 1,265 1,093 748 345 0 0 0 0 $48,001—$52,000 1,563 1,375 1,000 625 0 0 0 0 $52,001—$56,000 1,890 1,688 1,283 878 473 0 0 0 $56,001—$60,000 2,248 2,030 1,595 1,160 725 0 0 0 $60,001—$64,000 2,635 2,403 1,938 1,473 1,008 543 0 0 $64,001—$68,000 3,053 2,805 2,310 1,815 1,320 825 0 0 $68,001—$72,000 3,500 3,238 2,713 2,188 1,663 1,138 0 0 $72,001—$76,000 3,978 3,700 3,145 2,590 2,035 1,480 648 0 $76,001—$80,000 4,485 4,193 3,608 3,023 2,438 1,853 975 0 $80,001—$84,000 5,023 4,715 4,100 3,485 2,870 2,255 1,333 718 $84,001—$88,000 5,590 5,268 4,623 3,978 3,333 2,688 1,720 1,075 $87,001+ * 6.5% 6.125% 5.375% 4.625% 3.875% 3.125% 2% 1.25% * To determine amount of individual/family participation when the available income is above $88,000, multiply the individual/family income times the percentage. The Financial Participation Scale is based on 2014 Poverty Guidelines of the U.S. Department of Health and Human Services.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Payment for Rehabilitation Services."> <paragraph num="A."> <text>Preauthorization of Providers.</text> <paragraph num="(1)"> <text>The Division may pay a provider only if the provider has been preauthorized by the Division.</text> </paragraph> <paragraph num="(2)"> <text>Individual providers who are subject to State licensure or certification shall provide evidence of a current, valid license or certification, except in the area of specialized tutoring services for which a provider may present alternate qualifications as specified by the Division.</text> </paragraph> <paragraph num="(3)"> <text>Institutions of post-secondary education shall provide evidence of current, valid accreditation by an appropriate state or national accrediting organization.</text> </paragraph> <paragraph num="(4)"> <text>Private career schools shall provide evidence of a current, valid certificate of approval by the Maryland Higher Education Commission or, in the case of out-of-State private schools, by that state's equivalent certification entity.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Payment Procedures.</text> <paragraph num="(1)"> <text>Payment may be made only for services that have been preauthorized and approved by the Division through a signed purchase order or the use of the Division's purchasing card.</text> </paragraph> <paragraph num="(2)"> <text>For purchases initiated by purchase order, the provider shall submit an invoice for services rendered, along with any required reports, according to procedures established by the Division.</text> </paragraph> <paragraph num="(3)"> <text>The Division may return to the provider, before payment, all invoices not properly signed, completed, and accompanied by required reports.</text> </paragraph> <paragraph num="(4)"> <text>A provider may not charge or accept payment from the individual, the individual's family, or a third party for the authorized services unless, before providing the service, the amount of the individual's responsibility has been:</text> <paragraph num="(a)"> <text>Preauthorized by the Division; and</text> </paragraph> <paragraph num="(b)"> <text>Agreed to by the individual in writing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Rate of Payment. The Division shall pay for authorized services at a rate equal to the lower of:</text> <paragraph num="(1)"> <text>The provider's customary charge;</text> </paragraph> <paragraph num="(2)"> <text>The maximum rate established in the “Division of Rehabilitation Services Fee Schedule”; or</text> </paragraph> <paragraph num="(3)"> <text>120 percent of the Medicare Program rate established by 42 CFR 414 and 415, for medical or surgical procedures not identified in the Division's fee schedule.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Exceptions to Rate of Payment. The Division's payment may exceed the maximum rate established in the “Division of Rehabilitation Services Fee Schedule” only when the Director of Field Services or the Director of the Office for Blindness and Vision Services authorizes the exception:</text> <paragraph num="(1)"> <text>Because the client is at extreme medical risk, as evidenced by documentation submitted by a licensed medical professional; or</text> </paragraph> <paragraph num="(2)"> <text>For reasons related to the disability or services included on an approved Individualized Plan for Employment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Payment for Goods."> <paragraph num="A."> <text>Payment Procedures.</text> <paragraph num="(1)"> <text>Preauthorization.</text> <paragraph num="(a)"> <text>Payment may be made only for goods that have been preauthorized and approved by the Division through a signed purchase order or by use of the Division's purchasing card.</text> </paragraph> <paragraph num="(b)"> <text>A provider shall be licensed or certified consistent with Regulation .16A(2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For purchases initiated by purchase order, the provider shall submit the invoice for goods delivered according to procedures established by the Division.</text> </paragraph> <paragraph num="(3)"> <text>The Division may return to the provider, before payment, all invoices not properly signed, completed, and accompanied by required reports.</text> </paragraph> <paragraph num="(4)"> <text>A provider may not charge or accept payment from the applicant or eligible individual, the individual's family, or a third party for the authorized goods unless, before providing the goods, the amount of the individual's responsibility has been:</text> <paragraph num="(a)"> <text>Preauthorized by the Division; and</text> </paragraph> <paragraph num="(b)"> <text>Agreed to by the individual in writing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Rate of Payment. The Division shall pay for authorized goods at a rate equal to the lower of the:</text> <paragraph num="(1)"> <text>Provider's customary charge;</text> </paragraph> <paragraph num="(2)"> <text>Rate established by the Department of General Services Purchasing Bureau;</text> </paragraph> <paragraph num="(3)"> <text>Rate established as the result of competitive bidding conducted by the Division in accordance with COMAR Title 21; or</text> </paragraph> <paragraph num="(4)"> <text>Maximum rate established in the “Division of Rehabilitation Services Fee Schedule”, which is incorporated by reference in Regulation .03-1 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Purchase Limitations.</text> <paragraph num="(1)"> <text>Prescription goods may be purchased only after receipt of a current, valid prescription.</text> </paragraph> <paragraph num="(2)"> <text>Generic drugs shall be purchased unless the physician indicates that a particular brand is medically necessary.</text> </paragraph> <paragraph num="(3)"> <text>The Division may not pay for vehicles which require a license to operate, land, buildings, or the construction of or addition to a building.</text> </paragraph> <paragraph num="(4)"> <text>The purchase of goods and services for a self-employment enterprise will be made only after:</text> <paragraph num="(a)"> <text>The eligible individual has submitted a business plan which:</text> <paragraph num="(i)"> <text>Identifies a business enterprise which meets standards established by the Division for types of businesses which can be supported;</text> </paragraph> <paragraph num="(ii)"> <text>Meets generally accepted business standards;</text> </paragraph> <paragraph num="(iii)"> <text>Identifies multiple funding sources as the Division may not be the primary funder of a business;</text> </paragraph> <paragraph num="(iv)"> <text>Has been reviewed by an advisory entity established by the Division; and</text> </paragraph> <paragraph num="(v)"> <text>Has been approved by the Division; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Any required goods and services are:</text> <paragraph num="(i)"> <text>Included on the individualized plan for employment; and</text> </paragraph> <paragraph num="(ii)"> <text>Approved by the Division.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Division may establish other reasonable purchase limitations in order to manage agency resources and maximize the number of employment outcomes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Ownership of Goods.</text> <paragraph num="(1)"> <text>The State shall retain legal title to tools, equipment, shelters, and supplies purchased as part of an eligible individual's rehabilitation program, except as provided in §D(3) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>An eligible individual shall return goods purchased by the Division when they are no longer needed for the individual's rehabilitation program, employment, or independent living.</text> </paragraph> <paragraph num="(3)"> <text>Title may be assigned to the eligible individual for the following:</text> <paragraph num="(a)"> <text>Medical appliances not transferable to or useable by another person;</text> </paragraph> <paragraph num="(b)"> <text>Goods provided as part of an approved business plan to be used as collateral to leverage funds for the business; and</text> </paragraph> <paragraph num="(c)"> <text>Other exceptional circumstances with approval of the Director or designee.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-301—21-306 and 21-402—21-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 3, 1989 (16:6 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 2, 1991 (18:17 Md. R. 1919); February 28, 1994 (21:4 Md. R. 277); August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07P recodified to .07Q and new Regulation .07P adopted effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended effective September 2, 1991 (18:17 Md. R. 1919)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 adopted effective February 28, 1994 (21:4 Md. R. 277)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 7, 2000 (27:15 Md. R. 1402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1B amended effective December 9, 2004 (31:24 Md. R. 1728); March 13, 2006 (33:5 Md. R. 522); December 6, 2007 (34:24 Md. R. 2158); November 30, 2009 (36:24 Md. R. 1859); January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 28, 2002 (29:21 Md. R. 1646); December 6, 2007 (34:24 Md. R. 2158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07I amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 1, 2001 (28:19 Md. R. 1687); October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective October 1, 2001 (28:19 Md. R. 1687); December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 repealed and new Regulation .15 adopted effective October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 repealed and new Regulation .15 adopted effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 repealed and new Regulation .15 adopted effective March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 repealed and new Regulation .15 adopted effective December 6, 2007 (34:24 Md. R. 2158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 repealed and new Regulation .15 adopted effective November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D amended effective December 6, 2007 (34:24 Md. R. 2158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17C amended effective March 13, 2006 (33:5 Md. R. 522)</annotation> </annotations> </chapter> <chapter num="02" heading="Maryland Disability Employment Tax Credit"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations implement Education Article, §21-309, Annotated Code of Maryland, which establishes a tax credit for businesses which employ individuals with disabilities.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Business entity” means:</text> <paragraph num="(a)"> <text>A person conducting or operating a trade or business in Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>An organization operating in Maryland that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Deemed agency” means a public organization with whom the Division and the Maryland Department of Labor, have developed a memorandum of understanding regarding identification of qualified employees with disabilities who may benefit from the tax credit.</text> </paragraph> <paragraph num="(3)"> <text>“Division” means the Division of Rehabilitation Services of the Maryland State Department of Education.</text> </paragraph> <paragraph num="(4)"> <text>“Maryland Department of Labor” means the State agency responsible for administration of the Maryland disability employment tax credit.</text> </paragraph> <paragraph num="(5)"> <text>“Qualified child care or transportation expenses” means:</text> <paragraph num="(a)"> <text>State-regulated child care expenses that are incurred by a business entity to enable a qualified employee with a disability to be gainfully employed; or</text> </paragraph> <paragraph num="(b)"> <text>Transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Qualified Employee With a Disability.</text> <paragraph num="(a)"> <text>“Qualified employee with a disability” means an individual who:</text> <paragraph num="(i)"> <text>Meets the definition of an individual with a disability as defined by the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(ii)"> <text>Has a disability that presently constitutes an impediment to obtaining or maintaining employment or to transitioning from school to work;</text> </paragraph> <paragraph num="(iii)"> <text>Is ready for employment; and</text> </paragraph> <paragraph num="(iv)"> <text>Has been determined by the Division or the Maryland Department of Labor, in consultation with the Division, as having met the criteria of a qualified employee with a disability established under this section.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Qualified employee with a disability” does not mean an employee who has been found by the Division as having the particular skills necessary for a particular job.</text> </paragraph> <paragraph num="(c)"> <text>“Qualified employee with a disability” includes an individual who has been certified by the Maryland Department of Labor in consultation with the United States Department of Veterans Affairs, as having been discharged or released from active duty in the armed forces of the United States for a service-connected disability.</text> </paragraph> <paragraph num="(d)"> <text>“Qualified employee with a disability” includes any individual meeting the definition in §B(6)(a) of this regulation, regardless of whether the individual receives services from the Division.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Ready for employment” means a person who is willing to accept an offer of employment.</text> </paragraph> <paragraph num="(8)"> <text>“Wages” means wages that are paid by a business entity to an employee for services performed in a trade or business of the employer, within the meaning of §51(c)(1), (2), and (3) of the Internal Revenue Code with regard to §51(c)(4) of the Internal Revenue Code.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Certification Procedure."> <paragraph num="A."> <text>Issuance of Vouchers—Potential Eligibility for Tax Credit.</text> <paragraph num="(1)"> <text>Individuals who are served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to those agencies for a tax credit voucher. The Division, the Department of Veterans Affairs, or the deemed agency shall issue a voucher to individuals meeting the definition of qualified employee with a disability under Regulation .02B of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Individuals not served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to a local Division of Rehabilitation Services office and provide supporting documentation that they meet the definition of individual with a disability as defined under Regulation .02B(6) of this chapter. The Division shall issue a voucher to individuals meeting the definition of qualified employee with a disability.</text> </paragraph> <paragraph num="(3)"> <text>The individual may take the voucher on interviews for employment and present it to the potential employer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applicant Information. The Division, the Department of Veterans Affairs, or the deemed agency shall complete the necessary applicant characteristics form and submit the original copy to the Maryland Department of Labor.</text> </paragraph> <paragraph num="C."> <text>Certification by the Maryland Department of Labor.</text> <paragraph num="(1)"> <text>Upon hiring a person presenting a voucher, the employer shall complete the employer's portion of the voucher and return it to the Maryland Department of Labor.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Department of Labor shall review the applicant information and information provided on the voucher by the employer. If the Maryland Department of Labor approves the application material and information, the Department shall return a certificate of eligibility for the Maryland disability employment tax credit to the employer.</text> </paragraph> <paragraph num="(3)"> <text>The employer shall keep the certificate in its files as justification for including the tax credit on its tax return.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Amount of Credit."> <paragraph num="A."> <text>Wages.</text> <paragraph num="(1)"> <text>For individuals hired before July 1, 2000, for the first and second years of employment of a qualified employee with a disability, the credit is 20 percent of up to the first $6,000 of wages paid to that employee.</text> </paragraph> <paragraph num="(2)"> <text>For individuals hired on or after July 1, 2000, the credit is 30 percent of up to the first $6,000 of wages paid to the qualified employee with a disability for the first year of employment. For the second year of employment, the credit is 20 percent of up to the first $6,000 of wages paid to the qualified employee with a disability.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Child Care or Transportation Expenses.</text> <paragraph num="(1)"> <text>For the first year of employment of a qualified employee with a disability, the credit is up to $600 of the child care or transportation expenses paid for that employee.</text> </paragraph> <paragraph num="(2)"> <text>For the second year of employment of a qualified employee with a disability, the credit is up to $500 of the child care or transportation expenses for that employee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Calculation and Carryover of Credit."> <text>The calculation and carryover of the credit is governed by regulations promulgated by the Comptroller, the Department of Assessments and Taxation, and the Insurance Commissioner.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Limitations on Claim of Credit by Employers."> <paragraph num="A."> <text>The Maryland disability employment tax credit shall be applicable to all taxable years beginning after December 31, 1996.</text> </paragraph> <paragraph num="B."> <text>An employer may claim the credit only for employees hired on or after October 1, 1997.</text> </paragraph> <paragraph num="C."> <text>A business entity may not claim the credit for an employee:</text> <paragraph num="(1)"> <text>Who is hired to replace a laid-off employee or to replace an employee who is on strike; or</text> </paragraph> <paragraph num="(2)"> <text>For whom the business entity simultaneously receives federal or State employment training benefits.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A business entity may not claim the credit until it has received a certificate in accordance with Regulation .03C of this chapter.</text> </paragraph> <paragraph num="E."> <text>A business entity may claim the credit as follows even if an employee's employment lasts less than 1 year:</text> <paragraph num="(1)"> <text>The business entity may claim a tax credit of 20 percent of up to the first $6,000 of wages paid to the employee in the course of employment if the employee voluntarily terminates employment with the employer, if employment began prior to July 1, 2000;</text> </paragraph> <paragraph num="(2)"> <text>If employment began on or after July 1, 2000, the business entity may claim a tax credit of 30 percent of up to the first $6,000 of wages paid to the employee in the course of employment if the employee voluntarily terminates employment with the employer.</text> </paragraph> <paragraph num="(3)"> <text>The business entity may claim a tax credit in proportion to the amount of time worked if the employee works less than a full year because of an inability to continue employment due to a further disability or death, or if the employee is terminated for cause.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The same tax credit may not be applied more than once against different taxes by the same taxpayer.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §21-309, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 23, 1998 (25:4 Md. R. 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective August 7, 2000 (27:15 Md. R. 1402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective October 1, 2001 (28:19 Md. R. 1687); January 21, 2013 (40:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, B amended effective August 7, 2000 (27:15 Md. R. 1402); December 6, 2007 (34:24 Md. R. 2158); January 12, 2009 (36:1 Md. R. 23); November 30, 2009 (36:24 Md. R. 1859)</annotation> </annotations> </chapter> <chapter num="03" heading="Independent Living Services"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements the Rehabilitation Act of 1973, as amended, 34 CFR 76, 77, and 365, and Education Article, §§21-301—21-303, Annotated Code of Maryland, which establish a program of rehabilitation services to assist transitioning students, consistent with Regulation .03A of this chapter, and adults with significant disabilities to function independently.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means an individual who has:</text> <paragraph num="(a)"> <text>Requested independent living services provided by the Division;</text> </paragraph> <paragraph num="(b)"> <text>Completed and signed the Division's application form or provided equivalent information; and</text> </paragraph> <paragraph num="(c)"> <text>Provided information necessary to initiate an assessment to determine eligibility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Client” means an applicant for or recipient of independent living services provided by the Division.</text> </paragraph> <paragraph num="(3)"> <text>“Client Assistance Program” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(4)"> <text>“Customary charge” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(5)"> <text>“Division” means the Division of Rehabilitation Services, the State agency designated to administer the Independent Living Program.</text> </paragraph> <paragraph num="(6)"> <text>“Eligible individual” means an individual who meets the criteria in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Family member” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(8)"> <text>Independent Living Plan.</text> <paragraph num="(a)"> <text>“Independent living plan” means the Division form identifying the independent living goal, services, and financial contribution of the individual.</text> </paragraph> <paragraph num="(b)"> <text>“Independent living plan” also encompasses other written documentation of the independent living goal, services, and financial contribution of the individual if the individual waives the requirements of an independent living plan.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Independent living services” means those services listed under Regulation .06 of this chapter.</text> </paragraph> <paragraph num="(10)"> <text>“Individual with significant disabilities” means an individual with a severe physical or mental impairment whose ability to function independently in family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community, or to continue in employment, respectively.</text> </paragraph> <paragraph num="(11)"> <text>“Individual's representative” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(12)"> <text>“Personal assistance services” means a range of services:</text> <paragraph num="(a)"> <text>Provided by one or more persons;</text> </paragraph> <paragraph num="(b)"> <text>Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability; and</text> </paragraph> <paragraph num="(c)"> <text>Designed to increase the individual's control in life and ability to perform every day activities on or off the job.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Physical or mental impairment” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(14)"> <text>“Preauthorized” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(15)"> <text>“Prescription” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(16)"> <text>“Provider” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(17)"> <text>“Purchase order” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(18)"> <text>“Purchasing card” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(19)"> <text>“Rehabilitation technology” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(20)"> <text>“Transportation” means necessary travel in connection with an individual with a significant disability engaging in or maintaining employment or improving the individual's ability to carry out independent living activities within family or community.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Referral and Application."> <paragraph num="A."> <text>An individual may apply for independent living services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school.</text> </paragraph> <paragraph num="B."> <text>The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for independent living services under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The Division shall schedule an interview with the individual upon initial contact or referral to:</text> <paragraph num="(1)"> <text>Explain the Independent Living Program, the individual's rights, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07, and the availability of the resources within the Client Assistance Program; and</text> </paragraph> <paragraph num="(2)"> <text>Invite the individual to complete an application for services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Division shall conduct an assessment of independent living potential for each individual with a significant disability who applies for independent living services. The assessment:</text> <paragraph num="(1)"> <text>Is limited to that information necessary to determine whether the individual is eligible to be provided independent living services and to determine which independent living services are needed;</text> </paragraph> <paragraph num="(2)"> <text>Takes into consideration any relevant information available from Division files or from other agencies;</text> </paragraph> <paragraph num="(3)"> <text>Is sufficient in scope to determine which services will best meet the current and future needs of the individual for functioning more independently in family or community or engaging or continuing in employment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Division shall conduct an assessment specifically for purposes of determining eligibility for independent living services only if already available information is not complete, relevant, or current.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Eligibility."> <paragraph num="A."> <text>The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation.</text> </paragraph> <paragraph num="B."> <text>An applicant's eligibility for independent living services shall be based upon:</text> <paragraph num="(1)"> <text>The presence of a significant physical or mental disability;</text> </paragraph> <paragraph num="(2)"> <text>The presence of a substantial limitation in ability to function independently in family or community or to engage or continue in employment; and</text> </paragraph> <paragraph num="(3)"> <text>A presumption that the delivery of independent living services will improve the individual's ability to function independently in family or community or to engage or continue in employment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For purposes of determining an applicant's eligibility for independent living services, improvement in ability to function independently in family or community refers to a demonstration in functional and behavioral terms of an individual's greater independence or maintenance of independence in areas such as:</text> <paragraph num="(1)"> <text>Self-care;</text> </paragraph> <paragraph num="(2)"> <text>Activities of daily living;</text> </paragraph> <paragraph num="(3)"> <text>Access to personal transportation;</text> </paragraph> <paragraph num="(4)"> <text>Using public transportation;</text> </paragraph> <paragraph num="(5)"> <text>Shopping;</text> </paragraph> <paragraph num="(6)"> <text>Housekeeping;</text> </paragraph> <paragraph num="(7)"> <text>Communicating; or</text> </paragraph> <paragraph num="(8)"> <text>Living more independently.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Division shall certify in writing the reasons for finding an individual eligible for independent living services and shall have pertinent documentation supporting the certification. The certification of eligibility shall be dated and signed by the rehabilitation counselor.</text> </paragraph> <paragraph num="E."> <text>If the individual has an employment goal and is eligible for vocational rehabilitation services, the individual shall be served through the vocational rehabilitation program (COMAR 13A.11.01).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Independent Living Plan."> <paragraph num="A."> <text>An independent living plan shall be initiated and periodically updated for each eligible individual who is provided independent living services unless the individual waives the requirement of the independent living plan in writing. If the independent living plan is waived, services to be provided shall be documented by the rehabilitation counselor in the record of services. The independent living plan shall be developed jointly by the rehabilitation counselor and the eligible individual or, as appropriate, individual and the individual's representative. Independent living services shall be provided in accordance with the independent living plan.</text> </paragraph> <paragraph num="B."> <text>The Division shall provide a copy of the independent living plan and any amendments to the eligible individual or, as appropriate, the individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the independent living plan.</text> </paragraph> <paragraph num="C."> <text>The independent living plan shall be initiated after the certification of eligibility under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="D."> <text>The independent living plan shall include, as appropriate:</text> <paragraph num="(1)"> <text>A determination of whether the eligible individual wishes to waive the requirement of the independent living plan;</text> </paragraph> <paragraph num="(2)"> <text>The independent living goal;</text> </paragraph> <paragraph num="(3)"> <text>The specific independent living services to be provided to achieve the established goal;</text> </paragraph> <paragraph num="(4)"> <text>The provider of and projected date for the initiation of each independent living service;</text> </paragraph> <paragraph num="(5)"> <text>The amount of the eligible individual's participation in the cost of services, if any:</text> </paragraph> <paragraph num="(6)"> <text>The comments of the eligible individual or, as appropriate, the individual and the individual's representative, concerning the independent living plan; and</text> </paragraph> <paragraph num="(7)"> <text>A description of the availability of the resources within the Client Assistance Program and a statement of the eligible individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The independent living plan shall be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under COMAR 13A.11.01 or to any other program of assistance. The eligible individual, or, as appropriate, the individual and the individual's representative, shall be given an opportunity to review the program and, if necessary, jointly redevelop and agree by signature to its terms.</text> </paragraph> <paragraph num="F."> <text>The eligible individual or, as appropriate, the individual and the individual's representative, shall sign the independent living plan and any amendments indicating that the:</text> <paragraph num="(1)"> <text>Independent living plan was jointly developed; and</text> </paragraph> <paragraph num="(2)"> <text>Individual agrees to the terms of the independent living plan.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The development of the independent living plan for transitioning students shall be coordinated to the maximum extent possible with the individualized education program for the individual prepared under Individuals with Disabilities Education Act, as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Independent Living Services."> <text>Independent living services are any goods or services necessary to assist an eligible individual in becoming more independent and include:</text> <paragraph num="A."> <text>Independent living core services;</text> <paragraph num="(1)"> <text>Information and referral services,</text> </paragraph> <paragraph num="(2)"> <text>Independent living skills training,</text> </paragraph> <paragraph num="(3)"> <text>Peer counseling, including cross-disability peer counseling, and</text> </paragraph> <paragraph num="(4)"> <text>Individual and systems advocacy;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Evaluation of independent living potential, including diagnostic and related services incidental to the determination of eligibility for, and the nature and scope of, services to be provided;</text> </paragraph> <paragraph num="C."> <text>Counseling services, including psychological, psycho-therapeutic, and related services;</text> </paragraph> <paragraph num="D."> <text>Services related to securing housing or shelter, including services related to community group living that promote independence, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;</text> </paragraph> <paragraph num="E."> <text>Personal assistance services, including attendant care and the training of personnel providing these services;</text> </paragraph> <paragraph num="F."> <text>Transportation, including referral and assistance for transportation;</text> </paragraph> <paragraph num="G."> <text>Rehabilitation technology;</text> </paragraph> <paragraph num="H."> <text>Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;</text> </paragraph> <paragraph num="I."> <text>Individual and group social and recreational services;</text> </paragraph> <paragraph num="J."> <text>Mobility training;</text> </paragraph> <paragraph num="K."> <text>Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, accessible transportation, and other support services;</text> </paragraph> <paragraph num="L."> <text>Consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved;</text> </paragraph> <paragraph num="M."> <text>Education and training necessary for living in a community and participating in community activities;</text> </paragraph> <paragraph num="N."> <text>Supported living;</text> </paragraph> <paragraph num="O."> <text>Physical rehabilitation;</text> </paragraph> <paragraph num="P."> <text>Therapeutic treatment;</text> </paragraph> <paragraph num="Q."> <text>Provision of needed prostheses and other appliances and devices;</text> </paragraph> <paragraph num="R."> <text>Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;</text> </paragraph> <paragraph num="S."> <text>Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities;</text> </paragraph> <paragraph num="T."> <text>Any appropriate preventive services necessary to decrease the future needs of individuals with significant disabilities assisted under this program for similar services; and</text> </paragraph> <paragraph num="U."> <text>Any other vocational rehabilitation services available under COMAR 13A.11.01, which are appropriate to the independent living needs of an individual with a significant disability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Comparable Services and Benefits."> <text>The regulations under COMAR 13A.11.01.09 apply.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Financial Participation."> <text>The regulations under COMAR 13A.11.01.10 apply.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Financial Participation Schedule."> <text>The schedule under COMAR 13A.11.01.15 applies.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Accident or Injury Claims."> <text>The regulations under COMAR 13A.11.01.11 apply.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Confidentiality and Disclosure of Records."> <text>The regulations under COMAR 13A.11.06 apply.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Record of Services Closure."> <paragraph num="A."> <text>The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services.</text> </paragraph> <paragraph num="B."> <text>Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative, written notice of the:</text> <paragraph num="(1)"> <text>Reasons for the decision;</text> </paragraph> <paragraph num="(2)"> <text>Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and</text> </paragraph> <paragraph num="(3)"> <text>Availability of the resources within the Client Assistance Program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a record of services is closed based on a determination that independent living services will not significantly assist the individual to improve the individual's ability to function independently in family or community or to engage or continue in employment, the Division shall review the decision within 12 months after the determination has been made. The individual shall be given written notice and opportunity to participate in the review, unless the individual refused a review, is no longer present in the State, or the individual's whereabouts are unknown. The Division shall conduct subsequent reviews at the request of the individual.</text> </paragraph> <paragraph num="D."> <text>Criteria for Closing a Record of Services.</text> <paragraph num="(1)"> <text>A record of services shall be closed when:</text> <paragraph num="(a)"> <text>The individual has been determined ineligible under Regulation .04 of this chapter or because the provision of independent living services under an independent living plan has demonstrated that the individual is not capable of functioning more independently in family or community or engaging or continuing in employment;</text> </paragraph> <paragraph num="(b)"> <text>The individual has declined services or failed to cooperate with the independent living program;</text> </paragraph> <paragraph num="(c)"> <text>The individual has moved out of the State or cannot be located; or</text> </paragraph> <paragraph num="(d)"> <text>The independent living goal of the individual included on the independent living plan has been achieved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A certification of ineligibility indicating the reasons for the determination in §D(1)(a) of this regulation shall be completed, dated, and signed by the counselor.</text> </paragraph> <paragraph num="(3)"> <text>When the record of services is closed, there shall be documentation describing the way in which the individual has benefited from independent living services and has significantly improved the ability to engage or continue in employment or to function independently in family or community.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Payment for Services."> <text>The provisions of COMAR 13A.11.01.16 apply.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Payment for Goods."> <text>The provisions of COMAR 13A.11.01.17 apply.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-301—21-306, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 3, 1988 (15:20 Md. R. 2335)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01, Independent Living Services, repealed effective May 27, 1991 (18:10 Md. R. 1117)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13, Independent Living Rehabilitation Services, adopted effective May 27, 1991 (18:10 Md. R. 1117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 277)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted effective February 28, 1994 (21:4 Md. R. 277)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 7, 2000 (27:15 Md. R. 1402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> </annotations> </chapter> <chapter num="04" heading="Business Enterprise Program for the Blind"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements the Maryland Business Enterprise Program for the Blind which is established pursuant to the Randolph-Sheppard Act, 20 U.S.C. §107 et seq. and Education Article, §§21-301—21-303, Annotated Code of Maryland. The purpose of the program is to establish vending facilities on federal, State, county, municipal, and private property for blind persons to operate as small business enterprises. The Division of Rehabilitation Services of the State Department of Education is designated as the State agency to issue licenses to blind persons for the operation of vending facilities under the program. The Division shall have final authority and responsibility for the administration and operation of the program.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandonment” means a vendor's relinquishment of responsibility to operate the vendor's vending facility in accordance with the Operating Agreement and Permit/Contract by failing to assure the continued operation of the facility to serve customers.</text> </paragraph> <paragraph num="(2)"> <text>“Active participation” means an ongoing process of negotiations between the Division and the Committee to achieve joint planning and approval of program policies, standards and procedures before their implementation by the Division. The preceding does not supersede the Division's final authority to adopt program policies and administer the program.</text> </paragraph> <paragraph num="(3)"> <text>“Administrative Manual” means a policy manual developed by the Division with the active participation of the Committee, which establishes operational procedures for the Program.</text> </paragraph> <paragraph num="(4)"> <text>“Blind person” means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever the person shall select, has been determined to have:</text> <paragraph num="(a)"> <text>Not more than 20/200 central visual acuity in the better eye with correcting lenses; or</text> </paragraph> <paragraph num="(b)"> <text>An equally disabling loss of the visual fields to the extent that the visual field in the better eye is constricted to an angle of 20 degrees or less.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Combined facility” means a facility that is unable to effectively operate independently without the support of a Primary Facility for purposes of inventory replenishment, storage, and other factors. Criteria for the establishment of a combined facility will be detailed in the Specific Criteria section of the facility bid sheet of the Administrative Manual.</text> </paragraph> <paragraph num="(6)"> <text>“Committee” means the Committee of Blind Vendors elected by the vendors in accordance with Regulation .14 of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Cost of goods” means the inventory cost of the products sold.</text> </paragraph> <paragraph num="(8)"> <text>“Division” means the Division of Rehabilitation Services of the State Department of Education, the State licensing agency designated to administer the Business Enterprise Program for the Blind.</text> </paragraph> <paragraph num="(9)"> <text>“License” means a written instrument issued by the Division to a blind person who has successfully completed the provisional period, or who has been a licensed vendor before July 1, 2003, authorizing the blind person to operate vending facilities.</text> </paragraph> <paragraph num="(10)"> <text>“Licensed blind vendor” means a blind person who has been licensed by the Division to operate a vending facility on federal, State, or other property.</text> </paragraph> <paragraph num="(11)"> <text>Management Services.</text> <paragraph num="(a)"> <text>“Management services” means supervision, inspection, quality control, consultation, in-service training, and other related services provided by the Division on a systematic basis to support and improve vending facilities operated by blind vendors.</text> </paragraph> <paragraph num="(b)"> <text>“Management services” does not include services or costs which pertain to the on-going operation of an individual facility after the initial establishment.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Minority groups” means African Americans, Hispanics, Latinos, American Indians, Alaska Natives, Asians, Native Hawaiians, or other Pacific islanders, and women.</text> </paragraph> <paragraph num="(13)"> <text>“Net proceeds” means the amount remaining from the sale of merchandise or services at a vending facility and any vending machine or other income accruing to a vendor after deducting the actual cost of products for resale and other business expenses excluding set-aside charges, if any.</text> </paragraph> <paragraph num="(14)"> <text>“Nominee agency” means a nonprofit organization designated in accordance with Regulation .01 as agent of the Division to furnish management services.</text> </paragraph> <paragraph num="(15)"> <text>“Operating Agreement” means a written instrument entered into between the Division and a vendor authorizing the vendor to operate a vending facility at a specific location and setting forth the respective responsibilities of the parties with respect to the vending facility.</text> </paragraph> <paragraph num="(16)"> <text>“Permit” or “contract” means a written instrument entered into between the Division and a property managing agency authorizing the establishment of a vending facility and setting forth the terms and conditions for the operation of the vending facility.</text> </paragraph> <paragraph num="(17)"> <text>“Primary location” means a vending facility which is assigned to a vendor under an operating agreement that allows that vendor to operate other facilities as a satellite.</text> </paragraph> <paragraph num="(18)"> <text>“Program” means the Maryland Business Enterprise Program for the Blind.</text> </paragraph> <paragraph num="(19)"> <text>“Program funds” means income available in accordance with this chapter to pay for program expenses.</text> </paragraph> <paragraph num="(20)"> <text>“Property managing agency” means the agency that owns, manages, or leases any building, land, or real property and is responsible for authorizing the establishment of a vending facility on federal, State, county, municipal, or private property.</text> </paragraph> <paragraph num="(21)"> <text>“Provisional license” means a written instrument issued by the Division to a blind person who has successfully completed the new vendor training program authorizing the blind person to operate vending facilities before being issued a license.</text> </paragraph> <paragraph num="(22)"> <text>“Ready-for-assignment list” means a roster of licensed blind persons awaiting assignment to a vending facility in the program.</text> </paragraph> <paragraph num="(23)"> <text>“Reasonable service and maintenance costs in accordance with customary business practices” means personnel and repairs costs, including equipment and transportation costs, taxes, overhead and administration costs, and vendor profit.</text> </paragraph> <paragraph num="(24)"> <text>“Receipts” means payments made to the program by a commercial vending company which operates services and maintains vending machines on property controlled by the property managing agency.</text> </paragraph> <paragraph num="(25)"> <text>“Satellite location” means a vending facility which:</text> <paragraph num="(a)"> <text>Is assigned to a vendor for a minimum of 12 months; and</text> </paragraph> <paragraph num="(b)"> <text>After 12 months, may be released to a qualified unassigned vendor upon request of the unassigned vendor as the unassigned vendor's primary.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Seniority” means accrued time for a vendor counting only those days during which the vendor holds an effective Operating Agreement.</text> </paragraph> <paragraph num="(27)"> <text>“Set-aside charges” means fees, if any, assessed against the net proceeds of each vending facility under the program.</text> </paragraph> <paragraph num="(28)"> <text>“Trainee” means a blind person who has met the eligibility requirements for entry into the Program for training to become a licensed vendor.</text> </paragraph> <paragraph num="(29)"> <text>“Training” means organized programs of instruction for the purpose of assisting blind persons to acquire those skills and knowledge necessary for the operation of vending facilities.</text> </paragraph> <paragraph num="(30)"> <text>“Upward mobility” means training which would enable a licensed vendor to achieve increased skill levels necessary to enhance the vendor's current business operations and for transfer or promotion to more complex facilities.</text> </paragraph> <paragraph num="(31)"> <text>“Vending facility” means vending machines, cafeterias, snack bars, and other retail facilities for the sale of foods, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise including the sale or exchange of chances for any lottery authorized by State law and conducted by an agency of the State.</text> </paragraph> <paragraph num="(32)"> <text>“Vending machine” means a currency-operated machine that dispenses products or services.</text> </paragraph> <paragraph num="(33)"> <text>“Vending machine income” means receipts, other than those of a blind vendor, from vending machine operations on property controlled by the property managing agency after deducting the costs of goods sold, including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns.</text> </paragraph> <paragraph num="(34)"> <text>“Vendor” means a licensed blind person who operates or has operated vending facilities and is on the seniority list.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Candidacy for Training."> <paragraph num="A."> <text>To be considered for training for the Business Enterprise Program for the Blind, an individual shall meet the requirements:</text> <paragraph num="(1)"> <text>In Regulation .05A(1)(a) and (b) of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Established by the Division and Committee described in the Administrative Manual in terms of academic and interpersonal skills, confirmed by findings of a career assessment or psychological evaluation, or both.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Individuals meeting the standards in §A(1) and (2) of this regulation shall participate in an interview with a panel of Division staff and Committee members.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Training."> <paragraph num="A."> <text>Establishment.</text> <paragraph num="(1)"> <text>The Division with the active participation of the Committee shall develop training, retraining, and upward mobility programs for blind persons who are vendors or potential vendors.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall ensure that effective programs of vocational and other training services are provided to blind persons as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Training Curriculum and Materials.</text> <paragraph num="(1)"> <text>The Division shall develop training materials for the program and shall review annually and revise the materials, as necessary.</text> </paragraph> <paragraph num="(2)"> <text>Formal training shall include but not be limited to:</text> <paragraph num="(a)"> <text>Pertinent laws and regulations including the Randolph-Sheppard Act and these regulations;</text> </paragraph> <paragraph num="(b)"> <text>Customer service;</text> </paragraph> <paragraph num="(c)"> <text>Business math, money management, and budgeting;</text> </paragraph> <paragraph num="(d)"> <text>Merchandising;</text> </paragraph> <paragraph num="(e)"> <text>Merchandise-inventory control;</text> </paragraph> <paragraph num="(f)"> <text>Financial reporting and analysis;</text> </paragraph> <paragraph num="(g)"> <text>Housekeeping;</text> </paragraph> <paragraph num="(h)"> <text>Sanitation certification;</text> </paragraph> <paragraph num="(i)"> <text>Food preparation and menu planning;</text> </paragraph> <paragraph num="(j)"> <text>Safety;</text> </paragraph> <paragraph num="(k)"> <text>Taxes;</text> </paragraph> <paragraph num="(l)"> <text>Vending machine operations;</text> </paragraph> <paragraph num="(m)"> <text>Personnel management and employee relations;</text> </paragraph> <paragraph num="(n)"> <text>Practical training at a community college or other contractor;</text> </paragraph> <paragraph num="(o)"> <text>On the job training (OJT) with a licensed vendor or vendors; and</text> </paragraph> <paragraph num="(p)"> <text>Other training directly related to vending facility operations as requested by a vendor or the Division.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Training for Potential Vendors.</text> <paragraph num="(1)"> <text>Training for potential vendors shall be open to all blind persons who:</text> <paragraph num="(a)"> <text>Indicate a general capacity and desire to operate a vending facility;</text> </paragraph> <paragraph num="(b)"> <text>Wish to undertake specific training; and</text> </paragraph> <paragraph num="(c)"> <text>Meet the eligibility requirements established in Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Classes.</text> <paragraph num="(a)"> <text>Trainees shall complete standardized classes and on-the-job training in accordance with procedures established in the Administrative Manual.</text> </paragraph> <paragraph num="(b)"> <text>Training shall be flexible enough to terminate training in a particular area once the trainee has demonstrated mastery of the area.</text> </paragraph> <paragraph num="(c)"> <text>Trainees may be given additional training in areas of deficiency.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Training Standards.</text> <paragraph num="(a)"> <text>The Division with the active participation of the Committee shall establish and maintain standards to be met by trainees for entry into the training program, and for satisfactory completion of the training program.</text> </paragraph> <paragraph num="(b)"> <text>The Division shall certify as qualified to operate a vending facility all trainees who have met the standards.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A trainee may be terminated from the training program for:</text> <paragraph num="(a)"> <text>Failure to satisfactorily complete the training curriculum in terms of academic achievement or demonstration of appropriate interpersonal skills for a retail environment, or both;</text> </paragraph> <paragraph num="(b)"> <text>Confirmed use of illegal drugs; or</text> </paragraph> <paragraph num="(c)"> <text>Confirmed abuse of legal drugs or alcohol, or both.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Trainees terminated shall be advised of appeal rights and the Client Assistance Program in accordance with COMAR 13A.11.07.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Retraining and Upward Mobility Training.</text> <paragraph num="(1)"> <text>The Division shall provide an opportunity for retraining as needed:</text> <paragraph num="(a)"> <text>Upon a vendor's request; or</text> </paragraph> <paragraph num="(b)"> <text>Whenever the Division finds that retraining is necessary to enable a vendor to operate a vending facility successfully.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Division shall provide an opportunity for upward mobility training consistent with 34 CFR 395.11.</text> </paragraph> <paragraph num="(3)"> <text>Any vendor undergoing retraining for any purpose, including improvement of skills, or upward mobility training shall continue to have responsibility for the vending facility to which the vendor is assigned and the Operating Agreement shall remain in effect while the vendor receives retraining or upward mobility training.</text> </paragraph> </paragraph> <paragraph num="E."> <text>In-Service Training.</text> <paragraph num="(1)"> <text>The Division and the Committee shall jointly sponsor and establish a specific agenda, time, and place for an in-service training conference for all vendors and licensed blind persons on the Ready-For-Assignment List.</text> </paragraph> <paragraph num="(2)"> <text>Funding for the conference shall be in accordance with funds budgeted by the Division and Committee for this purpose in the annual budget for the program. Conferences shall be designed to provide those attending with up-to-date information concerning developments and procedures within the program, changes in applicable laws, merchandising techniques, and such other matters as the Committee and the Division may determine to be desirable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Licenses."> <paragraph num="A."> <text>Eligibility.</text> <paragraph num="(1)"> <text>The Division shall issue licenses to persons who are determined to be:</text> <paragraph num="(a)"> <text>Blind persons;</text> </paragraph> <paragraph num="(b)"> <text>Citizens of the United States; and</text> </paragraph> <paragraph num="(c)"> <text>Qualified to operate vending facilities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A blind person is qualified to operate vending facilities if the person has:</text> <paragraph num="(a)"> <text>Successfully completed the training program for potential vendors; or</text> </paragraph> <paragraph num="(b)"> <text>Been determined by the Division to have the requisite knowledge and skills as determined under the standards established under Regulation .04 of this chapter to successfully operate a vending facility.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Division shall give preference to blind persons who are in need of employment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Time Period for Licenses.</text> <paragraph num="(1)"> <text>A provisional license shall be issued to a new vendor for a minimum of 6 months. During this period, the new vendor shall meet the standards of performance established by the Division and Committee and set forth in the Administrative Manual.</text> </paragraph> <paragraph num="(2)"> <text>A vendor who holds a provisional license shall be terminated from the Program if the vendor fails to meet the standards of performance after a maximum of two consecutive provisional periods of training.</text> </paragraph> <paragraph num="(3)"> <text>The Division shall issue a standard license to blind persons after a successful provisional period. The standard license is effective for an indefinite period of time subject to suspension or termination in accordance with Regulation .12 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Assignment of Vendors."> <paragraph num="A."> <text>Ready-for-Assignment List.</text> <paragraph num="(1)"> <text>The Division with the active participation of the Committee shall establish and maintain a Ready-for-Assignment List of all licensed blind persons awaiting assignment to a vending facility by ranking the persons in the order in which they were licensed or accrued seniority, whichever applies.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall give persons on the Ready-for-Assignment List announcements of vending facility openings distributed in accordance with §E(1).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Seniority List.</text> <paragraph num="(1)"> <text>The Division with the active participation of the Committee shall establish and maintain a seniority list of vendors based upon this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Vendors shall accrue seniority only for periods when an Operating Agreement is in effect.</text> </paragraph> <paragraph num="(3)"> <text>Calculation of vendors' seniority shall be based upon the determination of accumulated seniority published by the Division on January 19, 1987.</text> </paragraph> <paragraph num="(4)"> <text>If a vendor's license is terminated, the vendor shall forfeit all seniority and be removed from the seniority list. However, if the vendor appeals the termination under Regulation .13 of this chapter and prevails, the seniority continues. If the vendor loses the appeal, the vendor may reapply for a license after a 2-year waiting period. If the request is approved, the vendor only accumulates seniority from the time of the issuance of the second license.</text> </paragraph> <paragraph num="(5)"> <text>The Division shall provide each vendor with a notice of the vendor's seniority annually or upon request. If the vendor disagrees with the seniority list, the Division shall provide an explanation to the vendor upon request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Assignment Procedures.</text> <paragraph num="(1)"> <text>When a vending facility becomes available for assignment, the Division shall first comply with any ruling in an appeal under Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If a property managing agency relocates an existing vending facility within the building or to a new building, the Division shall reassign the vendor who was assigned to the existing vending facility to the new vending facility unless the property managing agency or the Division shows cause why the reassignment should not take place.</text> </paragraph> <paragraph num="(3)"> <text>If a property managing agency establishes a new vending facility and closes an existing vending facility in the same building, the Division shall reassign the vendor who was assigned to the closed vending facility to the new vending facility.</text> </paragraph> <paragraph num="(4)"> <text>If a property managing agency establishes an additional vending facility in a building where one vending facility is already located, the senior vendor who is operating the existing vending facility may request reassignment and has priority for assignment to the newly established vending facility, unless the property managing agency or Division shows cause why the assignment should not take place.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Assignment Criteria.</text> <paragraph num="(1)"> <text>The Division with the active participation of the Committee shall establish written criteria for each vending facility which an applicant is required to meet in order to qualify for assignment to the vending facility. Minimum criteria for assignments are established in the Administrative Manual.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall assign applicants to vending facilities based on qualifications, described in §D(1) of this regulation, and seniority unless the Division or the Committee can show that the senior applicant does not qualify based on the assignment criteria.</text> </paragraph> <paragraph num="(3)"> <text>If the most senior applicant does not qualify for the vending facility, the Division shall assign the next most senior applicant who qualifies to the vending facility, subject to the opportunity for the meeting described in §E(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Assignment Procedures.</text> <paragraph num="(1)"> <text>Announcement.</text> <paragraph num="(a)"> <text>The Division shall send announcements, including pertinent data defined in the Administrative Manual of all vending facilities not subject to assignment under §C of this regulation, by email and first-class mail to all licensed vendors, including those holding provisional licenses.</text> </paragraph> <paragraph num="(b)"> <text>The announcements shall contain a statement of the assignment criteria under §D which an applicant shall meet in order to qualify for assignment on the basis of seniority and the due date for responses.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Evaluation.</text> <paragraph num="(a)"> <text>After the due date for responses, the Division shall submit to the Committee Chair the name of the applicant recommended for the assignment.</text> </paragraph> <paragraph num="(b)"> <text>If the recommended applicant is not the most senior applicant, the Division shall also submit to the Committee Chair a report identifying any applicants with more seniority and the reasons for finding the applicants unqualified.</text> </paragraph> <paragraph num="(c)"> <text>The Division shall also notify the applicant who is found unqualified of the reasons for the finding and the applicant’s right to appear before the Committee to present information supporting qualifications for the assignment.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Committee Meeting. Upon receipt of the Division’s recommendation, the Committee shall schedule a meeting with the Division and the applicant found unqualified if the applicant wishes to show that the applicant is qualified.</text> </paragraph> <paragraph num="(4)"> <text>Committee Review and Recommendation.</text> <paragraph num="(a)"> <text>The Committee shall agree or disagree with the Division’s recommendation, or make its own recommendation within 7 business days after receipt of the recommendation, unless the time is extended by mutual agreement.</text> </paragraph> <paragraph num="(b)"> <text>If the Committee does not respond within this period, in writing, the Division’s recommendation shall be effective.</text> </paragraph> <paragraph num="(c)"> <text>If the Committee disagrees with the Division’s recommendation, the Division and the Committee shall hold a conference to resolve the disagreement.</text> </paragraph> <paragraph num="(d)"> <text>If the Division and the Committee do not resolve the disagreement, the Division’s recommendation shall be effective. An aggrieved applicant may appeal under Regulation .13 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Satellite Locations. The Division shall assign satellite locations in accordance with procedures described in the Administrative Manual.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Operating Agreement."> <paragraph num="A."> <text>An Operating Agreement shall be developed with the active participation of the Committee of Blind Vendors and shall be made part of the Administrative Manual.</text> </paragraph> <paragraph num="B."> <text>Terms.</text> <paragraph num="(1)"> <text>The Division and the vendor shall enter into an Operating Agreement each time a vendor is assigned to a vending facility.</text> </paragraph> <paragraph num="(2)"> <text>The Operating Agreement shall be effective on the first day that the vendor is required to be on the location and signed by the Division and the vendor.</text> </paragraph> <paragraph num="(3)"> <text>On the effective date of the Operating Agreement, the Division shall provide the vendor a complete inventory of all equipment, a list of saleable merchandise, and petty cash provided by the Division.</text> </paragraph> <paragraph num="(4)"> <text>The Division shall provide the vendor the current value of all saleable merchandise and determine any financial obligations as described in the Administrative Manual.</text> </paragraph> <paragraph num="(5)"> <text>Payment shall be made as provided in the Administrative Manual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Period for Operating Agreement.</text> <paragraph num="(1)"> <text>The Operating Agreement shall be for an indefinite period, but subject to suspension or termination for a violation of applicable law, this chapter, the terms and conditions of the permit or contract between the Division and the property managing agency, or the terms and conditions of the Operating Agreement.</text> </paragraph> <paragraph num="(2)"> <text>The Operating Agreement may be terminated upon the lawful termination of the permit or contract between the Division and the property managing agency.</text> </paragraph> <paragraph num="(3)"> <text>The Operating Agreement may also be terminated by the Division for:</text> <paragraph num="(a)"> <text>Failure to pay applicable State and federal taxes and set-aside charges that result from the operation of the vending facility;</text> </paragraph> <paragraph num="(b)"> <text>Failure to obtain or maintain applicable insurances;</text> </paragraph> <paragraph num="(c)"> <text>Failure to maintain applicable health standards;</text> </paragraph> <paragraph num="(d)"> <text>Abandonment of the vending facility; or</text> </paragraph> <paragraph num="(e)"> <text>Violation of the terms and conditions of the Operating Agreement.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Termination.</text> <paragraph num="(a)"> <text>The Division shall ensure that the termination of any permit or contract with the property managing agency is in compliance with applicable laws and regulations.</text> </paragraph> <paragraph num="(b)"> <text>In the event of termination of the permit or contract with the property managing agency, the Division shall notify the vendor in advance and afford the vendor an opportunity for an administrative review before the proposed termination of the agreement.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Vending Facility Equipment and Merchandise."> <paragraph num="A."> <text>Vending Facility Equipment.</text> <paragraph num="(1)"> <text>The Division, with the participation of the vendor, shall determine what equipment is needed to operate the vendor's vending facility and shall:</text> <paragraph num="(a)"> <text>Provide adequate equipment in good working order;</text> </paragraph> <paragraph num="(b)"> <text>Replace worn-out equipment;</text> </paragraph> <paragraph num="(c)"> <text>Retain ownership of equipment purchased by the Division;</text> </paragraph> <paragraph num="(d)"> <text>Repair and maintain equipment owned by the Division;</text> </paragraph> <paragraph num="(e)"> <text>Repair and maintain equipment owned by the property managing agency and under contract with the Division;</text> </paragraph> <paragraph num="(f)"> <text>Reimburse the vendor for equipment purchased by the vendor and preauthorized by the Division, which shall pay the depreciated value determined from the date of the original receipt provided by the vendor; and</text> </paragraph> <paragraph num="(g)"> <text>Perform an annual audit of equipment at each vending facility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The vendor:</text> <paragraph num="(a)"> <text>May not alter, change, or remove equipment provided by the Division, or property managing agency, without prior approval from the Division;</text> </paragraph> <paragraph num="(b)"> <text>Shall report immediately any theft of, or damage to, equipment owned by the Division or property managing agency;</text> </paragraph> <paragraph num="(c)"> <text>Shall be responsible for damage or loss of equipment as a result of negligence on the part of the vendor or the vendor's employee;</text> </paragraph> <paragraph num="(d)"> <text>Shall perform day to day routine maintenance, and maintain equipment in accordance with manufacturers' recommendations and in a clean and sanitary condition in accordance with applicable federal, State, and county health codes;</text> </paragraph> <paragraph num="(e)"> <text>Shall immediately notify the Division of equipment needing repair; and</text> </paragraph> <paragraph num="(f)"> <text>Shall assist the Program in verifying the equipment at the vendor's vending facility during the annual audit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The vendor, at the vendor's expense, may purchase or lease equipment for use in the facility if the equipment is:</text> <paragraph num="(a)"> <text>Consistent with the operation of the facility;</text> </paragraph> <paragraph num="(b)"> <text>Allowed by the permit or contract;</text> </paragraph> <paragraph num="(c)"> <text>Approved for commercial use; and</text> </paragraph> <paragraph num="(d)"> <text>Approved in advance in writing by the Division or property managing agency, or both.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>With regard to equipment purchased or leased by the vendor in accordance with §A(3) of this regulation, the vendor shall:</text> <paragraph num="(a)"> <text>Assure that the Division is not a party to the lease or purchase agreement;</text> </paragraph> <paragraph num="(b)"> <text>Be responsible for all costs associated with the equipment;</text> </paragraph> <paragraph num="(c)"> <text>Remove the equipment from the vending facility when vacating the vending facility;</text> </paragraph> <paragraph num="(d)"> <text>Deduct the cost of the equipment as a business expense, in accordance with generally accepted accounting principles, for purposes of calculating set-aside; and</text> </paragraph> <paragraph num="(e)"> <text>Report funds reimbursed, for the purchase, as income to the vending facility for set-aside purposes on the next monthly report following the reimbursement.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If equipment is placed in the facility by the vendor and the equipment does not meet the requirements of §A(3) and (4) of this regulation, the vendor:</text> <paragraph num="(a)"> <text>May not deduct the cost associated with the equipment as a business expense against the facility, or for set-aside charges;</text> </paragraph> <paragraph num="(b)"> <text>May be required to remove the equipment from the facility upon the request of the Division; and</text> </paragraph> <paragraph num="(c)"> <text>Will not be reimbursed for any costs associated with the equipment by the Division.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Initial Merchandise and Petty Cash.</text> <paragraph num="(1)"> <text>The Division shall furnish each vending facility with adequate, suitable initial stock of merchandise and petty cash sufficient for the establishment and operation of the vending facility.</text> </paragraph> <paragraph num="(2)"> <text>The vendor shall maintain an inventory of saleable merchandise equal to or exceeding the value of the initial stock of merchandise furnished by the Division or the cash equivalent.</text> </paragraph> <paragraph num="(3)"> <text>The initial petty cash provided by the Division and the stock of merchandise remains the property of the Division.</text> </paragraph> <paragraph num="(4)"> <text>When a vendor vacates a vending facility:</text> <paragraph num="(a)"> <text>All equipment, merchandise, and petty cash provided by the Division shall remain on the vending facility;</text> </paragraph> <paragraph num="(b)"> <text>All cash on hand other than that provided by the Division shall be the property of the vendor and shall be removed from the vending facility at the time it is vacated;</text> </paragraph> <paragraph num="(c)"> <text>Within 45 calendar days after the vendor vacates the vending facility, the vendor shall provide to the Division the current wholesale value of saleable merchandise contained in the inventory on the vending facility;</text> </paragraph> <paragraph num="(d)"> <text>If the vendor fails to comply with this provision, the vendor shall pay a penalty as set forth in the Administrative Manual;</text> </paragraph> <paragraph num="(e)"> <text>The vendor is not eligible for transfer until final settlement of inventory;</text> </paragraph> <paragraph num="(f)"> <text>Inventory settlement payment shall be made in accordance with the Administrative Manual; and</text> </paragraph> <paragraph num="(g)"> <text>The Division may elect to use vending machine income due the vendor as payment of inventory settlement and penalties, if any.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>In the case of the death of the vendor:</text> <paragraph num="(a)"> <text>The Division shall designate the date on which the final inventory shall be taken; and</text> </paragraph> <paragraph num="(b)"> <text>The time period to submit to the Division a priced out inventory may be extended to 60 calendar days and the vendor's heirs or assigns shall have the right to participate in and verify the final inventory of equipment, merchandise, and cash on hand.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>When a vendor accepts an existing vending facility:</text> <paragraph num="(a)"> <text>The Division shall provide the manager the valued inventory within 15 days of receipt by the Division from the vendor vacating the vending facility; and</text> </paragraph> <paragraph num="(b)"> <text>The manager shall have 45 calendar days to review and dispute any discrepancies; otherwise, the inventory value is accepted as correct.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Vendor Ownership of Vending Facilities. If the Division determines that the right, title to, and interest in vending facilities may be vested in the vendors, the Division with the active participation of the Committee of Blind Vendors shall establish policies and procedures adequate to provide each vendor the opportunity to assume ownership of a vending facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Program Budget."> <text>The Division with the active participation of the Committee shall prepare a budget for the program before June 1 of each fiscal year, which reflects revenues and expenses for the next State budget year. The budget shall contain a complete plan of proposed expenditures and estimated income for the new fiscal year and shall show a zero balance.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Set-Aside Charges."> <paragraph num="A."> <text>Determination and Use of Set-Aside Charges. On or before June 1 of each fiscal year, the Division with the active participation of the Committee shall determine the extent, if any, to which funds shall be set aside from the net proceeds of each vending facility during the following State budget year.</text> </paragraph> <paragraph num="B."> <text>If the Division and the Committee determine that set-aside charges shall be assessed, the Division shall publish and submit the schedule of set-aside charges to the Commissioner of the Rehabilitation Services Administration, United States Department of Education for approval.</text> </paragraph> <paragraph num="C."> <text>Set-Aside charges may only be used in the extent necessary to achieve the following purposes:</text> <paragraph num="(1)"> <text>Maintenance and replacement of equipment;</text> </paragraph> <paragraph num="(2)"> <text>Purchase of new equipment for:</text> <paragraph num="(a)"> <text>Existing vending facilities; and</text> </paragraph> <paragraph num="(b)"> <text>The establishment of new vending facilities if the Division with the active participation of the Committee determines that the financial stability of the program will be adversely affected through the use of other program funds for this purpose;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Management services performed in accordance with a management services plan jointly developed and reviewed annually by the Division and the Committee; and</text> </paragraph> <paragraph num="(4)"> <text>Establishment and maintenance of a retirement and health insurance plan and provision of paid sick leave and vacation time, if a majority of licensed vendors in the State holding an Operating Agreement, after having been provided full program and financial information on the benefits, determine that the benefits be provided.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reasonable Charges and Records. If the Division with the active participation of the Committee determines that set aside charges are necessary, the charges may not be assessed for any purpose in an amount greater than that which may reasonably be required for the purpose. The Division shall maintain adequate records to support the reasonableness of the charge for each purpose including any reserves necessary to assure that the purpose can be achieved on a consistent basis.</text> </paragraph> <paragraph num="E."> <text>Schedule of Payments.</text> <paragraph num="(1)"> <text>Vendors shall pay set-aside charges in accordance with a schedule determined annually by the Division with the active participation of the Committee.</text> </paragraph> <paragraph num="(2)"> <text>If a vendor fails, without good cause, to pay set-aside charges in accordance with the established schedule, the Division shall assess penalties as outlined in the Administrative Manual.</text> </paragraph> <paragraph num="(3)"> <text>If the vendor fails to pay the set-aside charges and accumulated penalties, if any, the Division may elect to use vending machine income due the vendor as payment.</text> </paragraph> <paragraph num="(4)"> <text>The vendor is not eligible for transfer to another facility until the set-aside charges are paid.</text> </paragraph> <paragraph num="(5)"> <text>As a final recourse, the Division may suspend the vendor’s Operating Agreement, or terminate the vendor’s license in accordance with Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Documentation of Reported Set-Aside Expense.</text> <paragraph num="(1)"> <text>A vendor shall maintain on file all documents, including but not limited to expense paid outs and cash register daily tapes, used in the calculation of the monthly set-aside report:</text> <paragraph num="(a)"> <text>For a period of at least 3 years; and</text> </paragraph> <paragraph num="(b)"> <text>Consistent with the requirements established by federal, State, or municipal authorities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Set-aside reports filed by the vendor are subject to audit by the appropriate taxing authority, the Division, or an accounting firm selected by the Division.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Vending Machine Income."> <paragraph num="A."> <text>Distribution of Assigned Vending Machine Income.</text> <paragraph num="(1)"> <text>The Division shall remit monthly, if available, or otherwise quarterly vending machine income which accrues from vending machines on federal, State, local, or private property to the vendor operating a vending facility on the property in accordance with 34 CFR §395.32.</text> </paragraph> <paragraph num="(2)"> <text>Vending machine income remitted to a vendor shall be reported separately from gross sales and shall be included in calculating the net proceeds of the vending facility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Limitations on Vending Machine Income.</text> <paragraph num="(1)"> <text>A vendor is entitled to vending machine income not to exceed the national average income of blind vendors for the previous year.</text> </paragraph> <paragraph num="(2)"> <text>Limitations may not be imposed on income from vending machines when the machines are maintained, serviced, and operated by a vendor within the confines of the vending facility.</text> </paragraph> <paragraph num="(3)"> <text>Vending machines may not be maintained, serviced, and operated by a vendor unless authorized by the Division.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Use of Unassigned Vending Machine Income.</text> <paragraph num="(1)"> <text>Vending machine income that does not accrue to a vendor in accordance with §A(1) of this regulation from federal, State, local, or private properties shall be used for:</text> <paragraph num="(a)"> <text>Establishment and maintenance of retirement or pension plans, for health insurance contributions if so determined by a majority licensed vendors holding an operating agreement;</text> </paragraph> <paragraph num="(b)"> <text>Maintenance and replacement of equipment;</text> </paragraph> <paragraph num="(c)"> <text>The purchase of new equipment; and</text> </paragraph> <paragraph num="(d)"> <text>Management services.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Any vending machine income from federal property not used for the purposes authorized in §C(1) of this regulation shall be used in accordance with 34 CFR §395.8(c) and Regulation .10C of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Set-aside charges, if any, shall be reduced pro-rata in an amount equal to the total of any vending machine income used for the purposes in Regulation .10C of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Vending machine income from vending machines not on federal property in excess of the amount disbursed to vendors may be used for program purposes.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Resignation, Extended Illness, and Suspension and Termination of Licenses."> <paragraph num="A."> <text>Resignation.</text> <paragraph num="(1)"> <text>Notice.</text> <paragraph num="(a)"> <text>When a vendor resigns from a vending facility or the program, the vendor shall give the Division written notice at least 90 calendar days in advance of the effective date of resignation unless the vendor is reassigned to another vending facility.</text> </paragraph> <paragraph num="(b)"> <text>The Division may waive this requirement in an emergency.</text> </paragraph> <paragraph num="(c)"> <text>If a vendor fails to comply with this requirement, the Division may terminate the vendor’s license and the vendor shall be disqualified from reapplying for a license for 2 years.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When a vendor resigns from the program, the Division shall terminate the vendor's license.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Extended Illness.</text> <paragraph num="(1)"> <text>If a vendor has an extended illness, as defined in the Administrative Manual, the vendor or the vendor's representative may, subject to §B(3) of this regulation:</text> <paragraph num="(a)"> <text>Continue to operate the vending facility and receive the net proceeds from the facility less the cost for substitute personnel; or</text> </paragraph> <paragraph num="(b)"> <text>Terminate the Operating Agreement and relinquish the vending facility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the vendor terminates the Operating Agreement, the vendor may not accrue additional seniority after the vending facility is relinquished.</text> </paragraph> <paragraph num="(3)"> <text>If the illness continues beyond 1 year with a medically documented diagnosis of prolonged incapacity of the vendor to operate a vending facility, the Division may terminate the vendor's Operating Agreement or license.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Probation and Suspension and Termination of Licenses.</text> <paragraph num="(1)"> <text>Grounds for Probation. The Division may place a licensed vendor on probation for:</text> <paragraph num="(a)"> <text>Not maintaining the vending facility according to established health standards and for scoring below average on two consecutive health inspections; or</text> </paragraph> <paragraph num="(b)"> <text>Not meeting the requirements set forth in a mutually agreed upon corrective action plan between the vendor and the Division for vendor or facility improvement, or both.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Grounds for Suspension. The Division may suspend a vendor's license when the Division finds that the vendor has:</text> <paragraph num="(a)"> <text>Repeatedly violated the requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code which endangers the health or public safety of consumers and employees;</text> </paragraph> <paragraph num="(b)"> <text>Failed to comply with the terms of the permit or contract; or</text> </paragraph> <paragraph num="(c)"> <text>Failed to abide by the terms of the Operating Agreement.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Grounds for Termination. The Division may terminate a vendor's license when the Division finds that the vendor has:</text> <paragraph num="(a)"> <text>Possessed alcohol or an illegal substance on the vending facility;</text> </paragraph> <paragraph num="(b)"> <text>Operated the vending facility while under the influence of alcohol or an illegal substance;</text> </paragraph> <paragraph num="(c)"> <text>Abandoned a vending facility;</text> </paragraph> <paragraph num="(d)"> <text>Regained vision to the extent that the vendor is no longer a blind person;</text> </paragraph> <paragraph num="(e)"> <text>Failed to operate the vending facility in compliance with:</text> <paragraph num="(i)"> <text>This chapter;</text> </paragraph> <paragraph num="(ii)"> <text>The terms and conditions of the permit or contract with the property managing agency;</text> </paragraph> <paragraph num="(iii)"> <text>The terms and conditions of the Operating Agreement; or</text> </paragraph> <paragraph num="(iv)"> <text>The sanitation requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code;</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Received a license from another state to operate a vending facility; or</text> </paragraph> <paragraph num="(g)"> <text>Exceeded the time period for obtaining an Operating Agreement as described in the Administrative Manual, Section 3.A.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Procedures for Probation.</text> <paragraph num="(a)"> <text>The Division shall give the vendor written notice of probation.</text> </paragraph> <paragraph num="(b)"> <text>The written notice shall state the:</text> <paragraph num="(i)"> <text>Reason or reasons for the probation;</text> </paragraph> <paragraph num="(ii)"> <text>Date on which the probation period begins; and</text> </paragraph> <paragraph num="(iii)"> <text>Corrective action that the vendor shall successfully complete during the 6-month probation period.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested.</text> </paragraph> <paragraph num="(d)"> <text>A vendor who does not successfully complete the corrective action for two consecutive probation periods shall be terminated from the Program.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Procedures for Suspension or Termination.</text> <paragraph num="(a)"> <text>The Division shall give the vendor written notice of the suspension or termination of the license.</text> </paragraph> <paragraph num="(b)"> <text>The written notice shall state the:</text> <paragraph num="(i)"> <text>Reason or reasons for the suspension or termination;</text> </paragraph> <paragraph num="(ii)"> <text>Length of the suspension, if applicable;</text> </paragraph> <paragraph num="(iii)"> <text>Corrective action required to rescind the suspension, if applicable; and</text> </paragraph> <paragraph num="(iv)"> <text>Vendor's right to request review of the suspension or termination in accordance with Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested.</text> </paragraph> <paragraph num="(d)"> <text>The suspension or termination shall take effect 15 days after the vendor's receipt of the notice unless, before the effective date, the vendor has:</text> <paragraph num="(i)"> <text>Taken the corrective action specified in the suspension or termination notice; or</text> </paragraph> <paragraph num="(ii)"> <text>Requested review of the suspension or termination in accordance with Regulation .13 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Operation of the Facility. During the period of a suspension or revocation, the Division shall:</text> <paragraph num="(a)"> <text>Operate the vending facility;</text> </paragraph> <paragraph num="(b)"> <text>Pay all facility obligations associated with the operation out of facility proceeds; and</text> </paragraph> <paragraph num="(c)"> <text>Pay the vendor net proceeds from the operation of the facility less operating costs, and less outstanding debts to the Division, suppliers, and State and federal agencies.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Temporary Removal.</text> <paragraph num="(1)"> <text>The Division may remove a vendor temporarily from a vending facility in advance of a hearing only under emergency conditions.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall give the vendor written notice of the temporary removal personally or by certified mail, return receipt requested, stating the reasons for the action and the vendor’s right to appeal the action.</text> </paragraph> <paragraph num="(3)"> <text>The temporary removal shall be effective immediately after receipt of the notice by the vendor.</text> </paragraph> <paragraph num="(4)"> <text>The vendor’s license and the Operating Agreement shall remain in effect during the period of the temporary removal.</text> </paragraph> <paragraph num="(5)"> <text>If the vendor appeals the action, the vendor shall continue to receive the net proceeds from the vending facility less the cost of substitute personnel until the final decision, resulting from the full evidentiary hearing, issued pursuant to Regulation .13B(12) of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Administrative Review, Full Evidentiary Hearing, and Arbitration."> <paragraph num="A."> <text>Administrative Review.</text> <paragraph num="(1)"> <text>A vendor who is dissatisfied with any action, or actions, arising from the operation or administration of the program may obtain an administrative review of the action, or actions, by filing a written request within 15 calendar days of such action with the Director of the Office for Blindness and Vision Services (OBVS), Division of Rehabilitation Services stating the action, or actions, with which the vendor is dissatisfied and any remedy that the vendor seeks from the Division.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the written request, the Director of OBVS and the vendor shall determine a suitable date for the administrative review conference which shall be within 15 calendar days of the date on which the written request was received. The Director of OBVS shall provide written confirmation of the date, time, and place of the conference to the vendor and the availability of the Committee to assist in the appeal.</text> </paragraph> <paragraph num="(3)"> <text>Conduct of Administrative Review.</text> <paragraph num="(a)"> <text>The Director of OBVS shall conduct the administrative review conference in an informal manner in order to determine the merits of the dispute.</text> </paragraph> <paragraph num="(b)"> <text>The vendor may be accompanied to the conference by any person of the vendor’s choosing.</text> </paragraph> <paragraph num="(c)"> <text>The Director of OBVS shall allow the vendor to fully explain the reasons for the request and the nature and type of any remedy that the vendor seeks from the Division.</text> </paragraph> <paragraph num="(d)"> <text>The conference may be recorded by any means if the parties determine that a recording is needed. If a record is made, the vendor shall be entitled to receive a copy promptly.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Written Decision.</text> <paragraph num="(a)"> <text>After fully exploring the matter at the administrative review conference and considering the views of the vendor, the vendor’s representative, and any representative of the Division, the Director of OBVS shall prepare a written determination affirming, reversing, or modifying the action, or actions, reviewed or make any other determination necessary to fully and fairly implement the purposes of the Randolph Sheppard Act and this chapter.</text> </paragraph> <paragraph num="(b)"> <text>The Director of OBVS shall set forth in the written determination a brief statement of the reasons for the determination.</text> </paragraph> <paragraph num="(c)"> <text>The Director of OBVS shall deliver or mail the written determination to the vendor and vendor’s representative within 15 calendar days from the date of the conference.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the action or actions being reviewed is the result of a decision made by the Director of OBVS, the administrative review will be conducted by the immediate supervisor of the Director of OBVS or designee.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Full Evidentiary Hearing.</text> <paragraph num="(1)"> <text>Within 15 calendar days after receipt of an administrative review determination, a vendor may appeal the determination by filing a written request for a hearing with the Assistant State Superintendent in Rehabilitation Services stating the reasons for the appeal and the remedy that the vendor seeks from the Division.</text> </paragraph> <paragraph num="(2)"> <text>The Assistant Superintendent shall acknowledge in writing the receipt of the request for hearing and shall notify the vendor and the vendor's representative of the time, date, and place of the hearing within 15 calendar days after receipt of the request. The notice shall confirm the issues to be considered at the hearing, and the name of the hearing officer who will conduct the hearing.</text> </paragraph> <paragraph num="(3)"> <text>The hearing shall be held within 60 calendar days of the receipt of the request for hearing.</text> </paragraph> <paragraph num="(4)"> <text>The Assistant Superintendent may conduct the hearing or transfer the appeal to the Office of Administrative Hearings to conduct the hearing.</text> </paragraph> <paragraph num="(5)"> <text>The hearing officer shall conduct a fair and impartial hearing in an informal manner and in a fashion as to fully determine the issues presented.</text> </paragraph> <paragraph num="(6)"> <text>The parties shall have the following rights at the hearing:</text> <paragraph num="(a)"> <text>To be represented;</text> </paragraph> <paragraph num="(b)"> <text>To present witnesses;</text> </paragraph> <paragraph num="(c)"> <text>To cross-examine witnesses;</text> </paragraph> <paragraph num="(d)"> <text>To present documentary or other evidence which is relevant;</text> </paragraph> <paragraph num="(e)"> <text>To submit rebuttal evidence; and</text> </paragraph> <paragraph num="(f)"> <text>To present summation and argument.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>An authorized employee of the Division may participate in the hearing and present any evidence or testimony which is relevant.</text> </paragraph> <paragraph num="(8)"> <text>Evidence.</text> <paragraph num="(a)"> <text>The hearing officer shall admit into the record all relevant evidence.</text> </paragraph> <paragraph num="(b)"> <text>The hearing officer may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.</text> </paragraph> <paragraph num="(c)"> <text>Documentary evidence may be received in the form of copies unless the hearing officer determines that production of the original document is required to ensure a full and fair hearing.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>The hearing officer shall maintain a record of the hearing which shall include all physical evidence submitted by the vendor and the Division and a mechanical recording of the proceedings. The mechanical recording shall be transcribed if an appeal is filed by the vendor or upon payment of costs for the transcription by the vendor or other person entitled to access to the transcript.</text> </paragraph> <paragraph num="(10)"> <text>Ex Parte Communication.</text> <paragraph num="(a)"> <text>The hearing officer and any other Division official or employee authorized to participate in the decisional process, may not communicate outside the presence of the vendor or the vendor’s representative with any person not authorized to participate in the decisional process regarding any issue of fact or law in the case.</text> </paragraph> <paragraph num="(b)"> <text>If the hearing officer or any official or employee involved in the decisional process becomes personally aware of the prohibited communication, that person shall follow the procedures of the State Government Article, §10-213, Annotated Code of Maryland, concerning these communications.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Written Decision.</text> <paragraph num="(a)"> <text>Upon conclusion of the hearing the hearing officer shall issue a written decision.</text> </paragraph> <paragraph num="(b)"> <text>If the hearing officer is the Assistant Superintendent, the decision shall contain final findings of fact and conclusions of law, separately stated.</text> </paragraph> <paragraph num="(c)"> <text>If the hearing officer is not the Assistant Superintendent, the decision issued shall contain proposed findings of facts and conclusions of law, separately stated.</text> </paragraph> <paragraph num="(d)"> <text>The decision shall affirm, modify, or reverse the administrative review determination and shall be delivered or mailed to the vendor and the vendor’s authorized representative within 15 calendar days after the conclusion of the hearing.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>Upon receipt of a decision containing proposed findings of fact and conclusions of law, the vendor shall have 15 calendar days to file written exceptions to the decision with the Assistant Superintendent.</text> </paragraph> <paragraph num="(b)"> <text>If written exceptions are filed, the vendor shall state in writing whether the vendor desires to present argument before the Assistant Superintendent on the points of exception.</text> </paragraph> <paragraph num="(c)"> <text>If a request for argument is timely filed or if the Assistant Superintendent determines that argument would assist in resolving the appeal, the Assistant Superintendent shall schedule the case for argument.</text> </paragraph> <paragraph num="(d)"> <text>The argument before the Assistant Superintendent shall be limited to oral presentation of reasons for the points of exception.</text> </paragraph> <paragraph num="(e)"> <text>New or additional evidence may not be allowed into the record.</text> </paragraph> <paragraph num="(f)"> <text>After consideration of the exceptions and oral argument, if any, the Assistant Superintendent shall issue the final written decision in the case to affirm, reverse, or modify the hearing officer’s decisions.</text> </paragraph> <paragraph num="(g)"> <text>The final decision shall be delivered or mailed to the vendor and the vendor’s representative within 20 calendar days of receipt of the written exception or oral argument, whichever is later, and implemented promptly.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>When a final decision of the Division is issued, the Assistant Superintendent shall include with the decision a written statement of the right to file a complaint with the Secretary of the United States Department of Education, which is available to the vendor under 34 CFR §395.13, to request the Secretary of the United States Department of Education to convene an ad hoc arbitration panel.</text> </paragraph> <paragraph num="(14)"> <text>The Division shall maintain a separate file of final hearing decisions issued which shall be available for public inspection. Before placing these decisions in the file, the Division shall delete any names or references in the decision which would allow identification of any vendor or other person.</text> </paragraph> <paragraph num="(15)"> <text>The Division shall arrange for interpretative or reader services for those persons who require assistance in exercising their rights under this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Committee of Blind Vendors."> <paragraph num="A."> <text>Biennial Election.</text> <paragraph num="(1)"> <text>The Division shall convene a meeting of all vendors in the spring of each even-numbered year to elect a Committee of Blind Vendors.</text> </paragraph> <paragraph num="(2)"> <text>The elections shall be held in accordance with the Constitution adopted by the vendors.</text> </paragraph> <paragraph num="(3)"> <text>The Constitution shall conform to the requirements of 34 CFR §395.14 and this chapter.</text> </paragraph> <paragraph num="(4)"> <text>All licensed vendors holding an Operating Agreement are required to attend the bi-annual meeting.</text> </paragraph> <paragraph num="(5)"> <text>All other licensees, trainees, and other interested parties may attend this meeting.</text> </paragraph> <paragraph num="(6)"> <text>Only active licensees holding an Operating Agreement are eligible to vote.</text> </paragraph> <paragraph num="(7)"> <text>A licensed vendor holding an Operating Agreement who fails to attend the annual meeting shall be disciplined as prescribed in Section 23 of the Administrative Manual.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Committee Procedures. The Committee shall establish procedures governing its organization and operation consistent with the Constitution adopted by the vendors and these regulations.</text> </paragraph> <paragraph num="C."> <text>Functions of the Committee.</text> <paragraph num="(1)"> <text>The Committee shall perform all functions and obligations imposed on it pursuant to these regulations, the Constitution adopted by the vendors, the Administrative Manual, and 34 CFR §395.14.</text> </paragraph> <paragraph num="(2)"> <text>With the active participation of the Committee, the Division shall develop and recommend an annual budget for the program based on current financial data.</text> </paragraph> <paragraph num="(3)"> <text>A representative from the Committee shall participate as a member of any panel convened for the purpose of interviewing applicants for vacant positions in the Program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Access to Program and Financial Information."> <paragraph num="A."> <text>The Division shall provide vendors with program and financial reports including audits to the extent that the disclosure does not violate the laws pertaining to disclosure of confidential information.</text> </paragraph> <paragraph num="B."> <text>The Division shall prepare and submit to the Committee in accordance with time periods specified in the Administrative Manual written annual financial reports.</text> </paragraph> <paragraph num="C."> <text>The reports shall set forth revenues received and available from all sources, program expenses, and changes in fund balances for the period covered by the reports.</text> </paragraph> <paragraph num="D."> <text>Financial Audit.</text> <paragraph num="(1)"> <text>A financial audit of the program will be conducted annually.</text> </paragraph> <paragraph num="(2)"> <text>The scope of the annual audit will be agreed to by the Division and the Committee of Blind Vendors.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Explanation of Rights and Responsibilities."> <paragraph num="A."> <text>The Division shall provide each vendor with a copy of this chapter, the Operating Agreement, applicable permits or contracts between the Division and property managing agency, the Administrative Manual, and the Nominee Agreement, and any other documents relating to the operation of the facility, if any.</text> </paragraph> <paragraph num="B."> <text>The Division with the active participation of the Committee shall also provide in writing to each vendor an explanation of the vendor’s rights and responsibilities under the program including the right to an administrative review, a full evidentiary hearing, and arbitration under Regulation .13 of this chapter, if the vendor is dissatisfied with any action arising from the operation or administration of the program.</text> </paragraph> <paragraph num="C."> <text>Each vendor shall acknowledge in writing that the vendor has been supplied with a copy of the documents listed above, and a written explanation of the vendor’s rights and responsibilities under the program upon assignment to a vending facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Division Responsibilities."> <paragraph num="A."> <text>Forms and Reports. The Division shall issue forms, operating procedures, or reports necessary to implement these regulations with the active participation of the Committee.</text> </paragraph> <paragraph num="B."> <text>Vending Facilities.</text> <paragraph num="(1)"> <text>The Division with the active participation of the Committee shall make decisions regarding the opening, closing or consolidating of vending facilities and the number of facilities to be established at any given site in accordance with the Administrative Manual.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall give preference to expansion of the program, but every effort shall be made to assure that a vendor on the same premises will not be adversely affected by the expansion.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Applicable Laws. The Division shall administer the program in accordance with applicable laws, these regulations, and the Administrative Manual.</text> </paragraph> <paragraph num="D."> <text>Nominee Agency.</text> <paragraph num="(1)"> <text>The Division may, with the active participation of the Committee of Blind Vendors, enter into an agreement with a nominee agency to furnish management services.</text> </paragraph> <paragraph num="(2)"> <text>The Division shall clearly explain in writing any responsibilities that are delegated to a nominee agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Administrative Manual."> <paragraph num="A."> <text>The Division, with the active participation of the Committee, shall develop policies and procedures as required to assure the efficient operation and administration of the program.</text> </paragraph> <paragraph num="B."> <text>The policies and procedures shall be contained in an Administrative Manual which shall be binding on both the Division and the vendors.</text> </paragraph> <paragraph num="C."> <text>The Division and the Committee shall review the Manual every 3 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Affirmative Action and Non-Discrimination."> <paragraph num="A."> <text>Duties of the Division.</text> <paragraph num="(1)"> <text>The Division shall take affirmative action to recruit, train, and license blind persons from minority groups for the program.</text> </paragraph> <paragraph num="(2)"> <text>The Division may not discriminate in the recruiting, training, and licensing of blind persons for the program and the assignment of vendors to vending facilities on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Duties of the Vendor. A vendor may not discriminate against any person furnishing the use, services, privileges, and accommodations of a vending facility on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Procurement."> <text>The State procurement regulations for the operation of vending facilities on property controlled by the Department of General Services are found in COMAR 21.11.09.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-301—21-303; State Finance and Procurement Article, §14-109;Annotated Code of Maryland; Federal Regulatory Reference: 34 CFR 395</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 2, 1988 (15:9 Md. R. 1111)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 adopted effective June 7, 1993 (20:11 Md. R. 915)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective December 6, 2007 (34:24 Md. R. 2159)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 2015 (42:14 Md. R. 881)</annotation> </annotations> </chapter> <chapter num="05" heading="Attendant Care Program" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted as an emergency provision effective May 3, 1989</annotation> <annotation type="History" subtype="Administrative History">(16:10 Md. R. 1102) (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted effective October 16, 1989 (16:20 Md. R. 2181)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Attendant Care Program, repealed effective June 7, 1993 (20:11 Md. R. 915)</annotation> </annotations> </chapter> <chapter num="06" heading="Records of Services"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter implements the following:</text> <paragraph num="(1)"> <text>Education Article, §21-307, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>State Government Article, §§10-611—10-628, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Health-General Article, §§4-302 and 4-305, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Executive Order 01.01.1983.18; and 34 CFR §361.49 governing the collection, use, and disclosure of personal information about Division clients.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The regulations governing the collection, use, and disclosure of personal information by the Disability Determination Service are set forth at 20 CFR 401.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Client” has the same meaning as defined in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(2)"> <text>“Client's representative” has the same meaning as defined in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(3)"> <text>“Disclose” or “disclosure” means the communication of personal information about an applicant or eligible individual or the release of records containing personal information about an applicant or eligible individual.</text> </paragraph> <paragraph num="(4)"> <text>“Division” has the same meaning as defined in COMAR 13A.11.01.03. As used in this chapter, the term “Division” includes employees of the Division.</text> </paragraph> <paragraph num="(5)"> <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, agency, or other organization.</text> </paragraph> <paragraph num="(6)"> <text>“Personal information” means any information about an individual and includes, but is not limited to, name, address, identification number, and financial, educational, employment, family, or medical information.</text> </paragraph> <paragraph num="(7)"> <text>“Record” or “record of services” means the original or copy of any documentary material that is made or received by the Division in connection with the operation or administration of the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Confidentiality of Personal Information."> <text>Personal information about an applicant or eligible individual, whether obtained directly from the applicant or eligible individual or from another person, shall be kept confidential and may not be disclosed except in accordance this chapter.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Notice to Applicants and Eligible Individuals."> <paragraph num="A."> <text>The Division shall notify each applicant or eligible individual who is requested to provide personal information about:</text> <paragraph num="(1)"> <text>The authority under which the information is collected;</text> </paragraph> <paragraph num="(2)"> <text>The principal purpose for which the information is intended to be used;</text> </paragraph> <paragraph num="(3)"> <text>Whether provision of the information is mandatory or voluntary and the specific consequences of not providing the information;</text> </paragraph> <paragraph num="(4)"> <text>The individual's right to:</text> <paragraph num="(a)"> <text>Inspect and obtain copies of records which contain personal information about the individual, and</text> </paragraph> <paragraph num="(b)"> <text>Amend or correct any records which contain inaccurate or incomplete information; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The requirements of this chapter regarding obtaining written consent from the individual before personal information is disclosed to another person and the circumstances under which written consent is not required.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The notice under §A of this regulation shall be given in writing and explained in the applicant or eligible individual's primary language or mode of communication, including braille.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Right of the Applicant or Eligible Individual to Inspect and Obtain Copies of Records."> <paragraph num="A."> <text>Subject to Regulation .06 of this chapter, when requested by an applicant or eligible individual or an individual's representative, the Division shall permit the individual or the individual's representative to inspect and obtain copies of any records in the custody of the Division which contain personal information about the individual.</text> </paragraph> <paragraph num="B."> <text>A request to inspect and obtain copies of records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and identify the records which are the subject of the request.</text> </paragraph> <paragraph num="C."> <text>Records of minors, that is, individuals younger than 18 years old, which relate to or reveal substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2.</text> </paragraph> <paragraph num="D."> <text>The Division shall comply with a request to inspect and obtain copies of records within a reasonable period, but not to exceed 30 days after receipt of the request.</text> </paragraph> <paragraph num="E."> <text>If the requested records are unavailable or have been destroyed or lost, the Division shall notify the applicants or eligible individual or the individual's representative within 10 working days after receipt of the request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Restrictions on Disclosure of Personal Information to an Applicant or Eligible Individual."> <paragraph num="A."> <text>Medical, psychological, or other personal information which the Division believes may be harmful to an applicant or eligible individual may not be disclosed directly to the individual but shall be provided to a person chosen by the individual or, if applicable, pursuant to Health-General Article, §4-302, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Persons preparing reports which contain information which may be harmful to the applicant or eligible individual should clearly identify this on the face of the report.</text> </paragraph> <paragraph num="C."> <text>When the Division has obtained personal information from another person, the information shall be disclosed only by, or under the conditions established by, the other person. If the Division is not permitted to disclose the information, the Division shall inform the individual of the identity of the person who provided the information and any procedure for contacting the person directly to obtain the information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Right of the Applicant or Eligible Individual to Amend or Correct Records."> <paragraph num="A."> <text>An applicant or eligible individual or an individual's representative may request the Division to amend or correct any records in the custody of the Division which contain inaccurate or incomplete information about the individual.</text> </paragraph> <paragraph num="B."> <text>A request to amend or correct records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and:</text> <paragraph num="(1)"> <text>Identify the records which are the subject of the request;</text> </paragraph> <paragraph num="(2)"> <text>Describe the requested change precisely; and</text> </paragraph> <paragraph num="(3)"> <text>State the reasons for the change.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 30 days after receiving a request to amend or correct records, the Division shall:</text> <paragraph num="(1)"> <text>Make or refuse to make the requested change;</text> </paragraph> <paragraph num="(2)"> <text>Give the applicant or eligible individual or the individual's representative written notice of the action taken; and</text> </paragraph> <paragraph num="(3)"> <text>If the requested change is refused, state the reasons for the refusal. The Division may refuse to amend or correct records because, among other reasons, the records were not created by the Division.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the Division refuses to make the requested change and the applicant or eligible individual or the individual's representative disagrees with the Division's action, the applicant or eligible individual or the individual's representative may file with the Division a concise statement that, in five pages or less, states the reasons for the requested change and for disagreement with the Division's action. The statement of disagreement shall be attached to the disputed record and the Division shall provide a copy of the statement whenever the disputed record is disclosed to another person.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Appeals."> <paragraph num="A."> <text>An applicant or eligible individual or an individual's representative may request an appeal hearing if the Division takes any of the following actions with respect to any records in the custody of the Division which contain personal information about the individual:</text> <paragraph num="(1)"> <text>Denies a request to inspect and obtain copies of the records;</text> </paragraph> <paragraph num="(2)"> <text>Denies a request to amend or correct records;</text> </paragraph> <paragraph num="(3)"> <text>Fails to attach a statement of disagreement to a disputed record; or</text> </paragraph> <paragraph num="(4)"> <text>Fails to provide a statement of the disagreement when a disputed record is disclosed to another person.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The appeal hearing shall be conducted in accordance with COMAR 13A.11.07.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Written Consent Required to Disclose Personal Information."> <paragraph num="A."> <text>Except as provided in Regulation .11 of this chapter, the Division shall obtain written consent from an applicant or eligible individual or the individual's representative before disclosing personal information to another person.</text> </paragraph> <paragraph num="B."> <text>The written consent to disclose personal information shall be dated and signed by the applicant or eligible individual or the individual's representative, and shall:</text> <paragraph num="(1)"> <text>Identify the person to whom the information is to be disclosed;</text> </paragraph> <paragraph num="(2)"> <text>State the purpose of the disclosure; and</text> </paragraph> <paragraph num="(3)"> <text>Identify the information or records to be disclosed (medical, psychological, and other evaluation reports shall be specifically identified in the written consent).</text> </paragraph> </paragraph> <paragraph num="C."> <text>The written consent to disclose personal information shall be valid for 45 days from the date consent is given unless otherwise specified in writing or revoked in writing by the applicant or eligible individual.</text> </paragraph> <paragraph num="D."> <text>Upon receiving written consent from the applicant or eligible individual or the individual's representative to disclose personal information to another person, the Division shall disclose only the information or records specified in the written consent, subject to the restrictions in Regulation .06 of this chapter.</text> </paragraph> <paragraph num="E."> <text>The Division shall maintain a copy of the applicant or eligible individual's written consent in the individual's record of services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice to Accompany Disclosure."> <text>The Division shall attach the following statement to each disclosure made with the eligible individual's written consent: This information has been disclosed to you from records whose confidentiality is protected by federal and State law (see COMAR 13A.11.06). Federal regulations prohibit you from making any further disclosure of it without the specific written consent of the person to whom it pertains or as otherwise permitted by such regulations. A general authorization for the release of information is NOT sufficient for this purpose. Medical, psychological, or other information which may be harmful to the individual may not be disclosed directly to the individual but must be provided to a third party chosen by the individual unless a representative has been appointed by a court to represent the individual, in which case the information must be released to the court-appointed representative. Information about individuals who are minors, i.e., under 18 years old, which relates to or reveals substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2. The information should be managed in a manner to protect confidentiality and to protect against unauthorized disclosure. Any person who willfully and knowingly discloses or uses confidential information in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs, and may also be subject to criminal penalties (see State Government Article, §§10-626 and 19-627, Annotated Code of Maryland).</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Circumstances Under Which Written Consent Is Not Required to Disclose Personal Information."> <paragraph num="A."> <text>The Division may disclose personal information without obtaining written consent from the applicant or eligible individual or the individual's representative when the disclosure is:</text> <paragraph num="(1)"> <text>To agencies, organizations, or individuals with whom the Division has formal cooperative agreements or from whom the individual is requesting or receiving services connected with the individual's rehabilitation program, or both;</text> </paragraph> <paragraph num="(2)"> <text>To an employee of Disability Determination Services and concerns an individual served by both the Division and its component, Disability Determination Services;</text> </paragraph> <paragraph num="(3)"> <text>Subject to Regulation .12 of this chapter, in connection with an administrative or judicial proceeding to review an action of the Division affecting the individual;</text> </paragraph> <paragraph num="(4)"> <text>Subject to Regulation .13 of this chapter, to comply with a judicial order or lawfully issued subpoena;</text> </paragraph> <paragraph num="(5)"> <text>Subject to Regulation .14 of this chapter, in connection with an audit, evaluation, or research;</text> </paragraph> <paragraph num="(6)"> <text>To a third-party resource who initiated the referral for the service and who is responsible for payment;</text> </paragraph> <paragraph num="(7)"> <text>In response to a law enforcement, fraud, or abuse investigation, unless expressly prohibited by federal or State laws or regulations;</text> </paragraph> <paragraph num="(8)"> <text>Necessary to protect an applicant or eligible individual or other persons when the applicant or eligible individual poses a threat to the applicant's or eligible individual's own safety or the safety of the other persons;</text> </paragraph> <paragraph num="(9)"> <text>Required by State or federal law or regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except for disclosures made pursuant to §A(1) and (2) of this regulation, the Division shall maintain a record within the applicant's or eligible individual's record of services of each disclosure made without the written consent of the individual.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Disclosure of Personal Information in Administrative or Judicial Proceeding."> <text>When personal information is disclosed in connection with an administrative or judicial proceeding to review an action of the Division affecting the applicant or eligible individual, the Division shall:</text> <paragraph num="A."> <text>Request that the information be placed under seal when such procedure is available; or</text> </paragraph> <paragraph num="B."> <text>Take other appropriate action to protect the confidentiality of the information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Disclosure of Personal Information to Comply with Judicial Order or Lawfully Issued Subpoena."> <paragraph num="A."> <text>When the Division receives a judicial order or lawfully issued subpoena to disclose personal information, the Division shall make a reasonable effort to notify the applicant or eligible individual or the individual's representative of the order or subpoena in advance of compliance, and request the individual to consent in writing to disclosure of the information.</text> </paragraph> <paragraph num="B."> <text>If the eligible individual consents to disclosure of the information, the Division shall comply with the order or a subpoena.</text> </paragraph> <paragraph num="C."> <text>If the eligible individual does not consent to disclosure of the information, the Division may comply with the order or subpoena if the:</text> <paragraph num="(1)"> <text>Individual has been informed of the individual's right to seek a protective order from a court of law;</text> </paragraph> <paragraph num="(2)"> <text>Information requested is relevant to the subject matter involved in the case;</text> </paragraph> <paragraph num="(3)"> <text>Information is not privileged; and</text> </paragraph> <paragraph num="(4)"> <text>Person requesting the information provides written assurance that:</text> <paragraph num="(a)"> <text>The information will be disclosed only to persons directly involved in the preparation or trial of the case,</text> </paragraph> <paragraph num="(b)"> <text>The information will be managed in a manner to protect confidentiality and to prevent unauthorized disclosure,</text> </paragraph> <paragraph num="(c)"> <text>If the information is used in an administrative or judicial proceeding, the information will be placed under seal when this procedure is available, and</text> </paragraph> <paragraph num="(d)"> <text>The information will be destroyed when no longer needed for the case.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The applicant or eligible individual is responsible for asserting any privileges which may exist as to any information in the custody of the Division and requesting an appropriate order from the court to prevent disclosure of the information. If the individual files a timely motion with the court to prevent disclosure of any information in the custody of the Division, the Division may not disclose the information until the court rules on the motion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Disclosure of Personal Information in Connection with Audit, Evaluation, or Research."> <paragraph num="A."> <text>The Division may disclose personal information in connection with an audit or evaluation for purposes directly related to the administration of the Division's programs if the person conducting the audit or evaluation assures that the information will:</text> <paragraph num="(1)"> <text>Be used only for the purposes for which it is provided and will be disclosed only to persons officially connected with the audit or evaluation;</text> </paragraph> <paragraph num="(2)"> <text>Be managed in a manner to protect confidentiality and to prevent unauthorized disclosure;</text> </paragraph> <paragraph num="(3)"> <text>Not be disclosed to the applicant or eligible individual; and</text> </paragraph> <paragraph num="(4)"> <text>Not be disclosed in any report without the informed written consent of the applicant or eligible individual.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Disclosure of Personal Information in Connection with Research.</text> <paragraph num="(1)"> <text>The Division may disclose personal information in connection with research which would significantly improve the quality of life for persons with disabilities.</text> </paragraph> <paragraph num="(2)"> <text>The person conducting the research:</text> <paragraph num="(a)"> <text>Shall submit a written request to the Division which describes:</text> <paragraph num="(i)"> <text>The purpose of the research,</text> </paragraph> <paragraph num="(ii)"> <text>Whether the findings will be published,</text> </paragraph> <paragraph num="(iii)"> <text>The nature of the personal information requested, and</text> </paragraph> <paragraph num="(iv)"> <text>The safeguards that shall be taken to protect the confidentiality of the information;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>May not contact any applicant or eligible individual unless the Division approves and monitors the contact.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to giving assurances required under §A of this regulation, the Division shall require the person conducting the research to make an agreement to protect the confidentiality of personal information in accordance with State Government Article, §10-624(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Fees."> <paragraph num="A."> <text>The Division may charge a reasonable fee for copying records if reproduction is made by a photocopying machine within the Division, or the actual cost of reproduction if reproduction is made by a photocopying machine outside the Division or if the record is not susceptible to photocopying (for example, microfilm, X-rays, etc.). A charge may not be made if the total amount of the fee is $1 or less.</text> </paragraph> <paragraph num="B."> <text>The Division may charge a reasonable fee for the time beyond the first 2 hours expended searching for requested records and preparing the records for inspection and copying. The fee may be prorated for fractions of an hour.</text> </paragraph> <paragraph num="C."> <text>The Division may charge for the cost of postage to mail copies of records.</text> </paragraph> <paragraph num="D."> <text>Before copying records, the Division shall:</text> <paragraph num="(1)"> <text>Estimate the cost of reproduction, including research, preparation time, and postage; and</text> </paragraph> <paragraph num="(2)"> <text>Either obtain the agreement of the person requesting copies of the records to pay the cost or demand prepayment of any estimated fee before reproducing the records.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Upon request, the Division may waive or reduce any fee charged pursuant to this regulation if the Division determines that the waiver or reduction is in the public interest. The Division shall consider, among other relevant factors, the ability of the person requesting copies of the records to pay the fee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Retention of Records of Services."> <text>Records of services shall be maintained for a minimum of 3 years following the closure of a record of services, and then destroyed, except for records held by the Workforce and Technology Center and those approved by the Social Security Administration for reimbursement, which shall maintain records for a minimum of 5 years pursuant to Health-General Article, §4-403, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Civil and Criminal Liability."> <paragraph num="A."> <text>Under State Government Article, §10-626, Annotated Code of Maryland, a person who willfully and knowingly discloses or uses personal information about an applicant or eligible individual in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs.</text> </paragraph> <paragraph num="B."> <text>Under State Government Article, §10-627, Annotated Code of Maryland, a person who willfully or knowingly discloses or uses personal information about an applicant or eligible individual in violation of the law, or by false pretenses, bribery, or theft gains access to or obtains a copy of a record containing personal information about an applicant or eligible individual whose disclosure is not authorized by law to the person, may be charged with a misdemeanor and upon conviction may be subject to a fine not exceeding $1,000.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-304—21-306 and 21-308, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 15, 1990 (17:13 Md. R. 1613)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 7, 2000 (27:15 Md. R. 1402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective October 1, 2001 (28:19 Md. R. 1687); January 21, 2013 (40:1 Md. R. 21)</annotation> </annotations> </chapter> <chapter num="07" heading="Appeal Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes the review procedures of the Division of Rehabilitation Services for an applicant for or a recipient of rehabilitation services who is dissatisfied with any determination made by a counselor concerning the furnishing or denial of rehabilitation services under the State plans.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Appeal hearing” means the procedure, at the level of the Director of the Division, to review determinations made by a counselor upon the request of an applicant for or recipient of rehabilitation services.</text> </paragraph> <paragraph num="(2)"> <text>“Client” means an applicant for or recipient of rehabilitation services provided by the Division of Rehabilitation Services under the State plans which are listed under §B(8) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>“Client Assistance Program” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(4)"> <text>“Counselor” means the State employee responsible for determining eligibility and providing or arranging rehabilitation services for applicants or recipients of these services.</text> </paragraph> <paragraph num="(5)"> <text>“Director” has the meaning stated in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(6)"> <text>“Division” means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation and independent living programs.</text> </paragraph> <paragraph num="(7)"> <text>“Eligible individual” has the meaning stated in COMAR 13A.11.01.03 or 13A.11.03.02, as appropriate.</text> </paragraph> <paragraph num="(8)"> <text>“Hearing officer” means an impartial individual who:</text> <paragraph num="(a)"> <text>Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);</text> </paragraph> <paragraph num="(b)"> <text>Has not been involved previously in rehabilitation of the applicant or eligible individual;</text> </paragraph> <paragraph num="(c)"> <text>Has knowledge of the delivery of the Maryland State Plan for Independent Living rehabilitation services, the Maryland State Plan for Vocational Rehabilitation Services, and the federal and State regulations governing the provision of these services and training with respect to the performance of official duties;</text> </paragraph> <paragraph num="(d)"> <text>Has no personal or financial interest that would be in conflict with the individual's objectivity;</text> </paragraph> <paragraph num="(e)"> <text>Is not a member of the State Rehabilitation Council;</text> </paragraph> <paragraph num="(f)"> <text>Is an administrative law judge assigned by the State Office of Administrative Hearings pursuant to State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(g)"> <text>Is selected from among a pool of qualified individuals identified jointly by the designated State unit and the members of the State Rehabilitation Council.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“State plans” means the State's annual plans for Vocational Rehabilitation Services and Independent Living Rehabilitation Services required by §§101 and 704 of the Rehabilitation Act of 1973 (Public Law 93-112) as amended, which are incorporated by reference.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Appeal Hearing Procedures."> <paragraph num="A."> <text>Assistance to Applicants and Eligible Individuals.</text> <paragraph num="(1)"> <text>The counselor shall inform all applicants and eligible individuals of the right to request an appeal hearing, including the name and address of the Director of the Division, at the time of application, when the individualized plan for employment or independent living plan is developed, and upon reduction, suspension, or cessation of services.</text> </paragraph> <paragraph num="(2)"> <text>Division employees shall assist an applicant or eligible individual in exercising the appeal rights under this regulation that include:</text> <paragraph num="(a)"> <text>Assistance in writing the request for an appeal hearing;</text> </paragraph> <paragraph num="(b)"> <text>Advising the individual of the various stages of the appeal process;</text> </paragraph> <paragraph num="(c)"> <text>Advising the individual about formal mediation; and</text> </paragraph> <paragraph num="(d)"> <text>Providing information regarding services available through the Client Assistance Program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Requesting an Appeal Hearing.</text> <paragraph num="(1)"> <text>A request for an appeal hearing shall be filed within 60 days of receiving notice of the counselor's determination.</text> </paragraph> <paragraph num="(2)"> <text>The appeal shall be in writing and signed by the applicant or eligible individual or the individual's representative.</text> </paragraph> <paragraph num="(3)"> <text>The appeal shall clearly identify the action appealed and contain a brief statement of the reasons for the appeal and the action that the applicant or eligible individual requests the Division to take.</text> </paragraph> <paragraph num="(4)"> <text>The written appeal shall be mailed or delivered to the Director. The Director shall acknowledge in writing the receipt of the appeal.</text> </paragraph> <paragraph num="(5)"> <text>Unless the applicant or eligible individual, or the authorized representative of the applicant or eligible individual, as appropriate, requests that the appeal hearing be open to the public, the appeal hearing shall be closed to the public.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Formal Mediation. The Division shall assure that formal mediation is available once an appeal hearing has been requested. The following requirements apply:</text> <paragraph num="(1)"> <text>Mediation is voluntary on the part of both parties;</text> </paragraph> <paragraph num="(2)"> <text>Mediation shall be scheduled:</text> <paragraph num="(a)"> <text>In a timely manner at a place convenient to both parties, and</text> </paragraph> <paragraph num="(b)"> <text>So that it will not delay the scheduled appeal hearing;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Mediation shall be conducted by a qualified and impartial mediator trained in effective mediation techniques;</text> </paragraph> <paragraph num="(4)"> <text>During mediation, both parties may submit evidence and information which supports their positions;</text> </paragraph> <paragraph num="(5)"> <text>During mediation, the applicant or eligible individual may be represented by a person selected by the applicant or eligible individual;</text> </paragraph> <paragraph num="(6)"> <text>Any agreement reached through mediation shall be documented in a written mediation agreement;</text> </paragraph> <paragraph num="(7)"> <text>Discussions occurring during the mediation process shall be confidential and may not be used as evidence in any subsequent appeal hearing or civil proceedings; and</text> </paragraph> <paragraph num="(8)"> <text>The parties to the mediation process may be required to sign a confidentiality pledge before the beginning of the mediation process.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Delegation to Hearing Officer.</text> <paragraph num="(1)"> <text>The Director shall delegate a request for an appeal hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland, to conduct the hearing and to issue a final decision to the Director and to the applicant or eligible individual.</text> </paragraph> <paragraph num="(2)"> <text>The appeal hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings pursuant to State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The State Rehabilitation Council and the Division shall jointly identify qualified impartial hearing officers from administrative law judges within the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(4)"> <text>The hearing officer shall:</text> <paragraph num="(a)"> <text>Hold the hearing within 60 days of the Division's receipt of the request for an appeal hearing, unless the parties jointly agree to a delay;</text> </paragraph> <paragraph num="(b)"> <text>Conduct the hearing in accordance with the Rules of Procedure of the Office of Administrative Hearings, COMAR 28.02.01; and</text> </paragraph> <paragraph num="(c)"> <text>Submit in writing to the applicant or eligible individual or the individual's representative and to the Director, within 30 days of the conclusion of the hearing:</text> <paragraph num="(i)"> <text>Findings of fact and conclusions of law and a final decision affirming, reversing, or modifying the determination being appealed; and</text> </paragraph> <paragraph num="(ii)"> <text>A statement of the individual's right of review of the final decision.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Proof.</text> <paragraph num="(1)"> <text>In an appeal of a counselor determination that an individual is ineligible for vocational rehabilitation services because the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the disability, the Division has the burden of proof by clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.</text> </paragraph> <paragraph num="(2)"> <text>In all other matters, the individual has the burden of proof by a preponderance of the evidence.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Prohibition of Ex Parte Communication. The hearing officer and any Division employee authorized to participate in the appeal process may not communicate outside the presence of the individual or the individual's authorized representative with any person not authorized to participate in the appeal process regarding any issue of fact or law in the case. If the hearing officer or any employee involved in the appeal process becomes personally aware of a prohibited communication, that person shall follow the procedures set forth in State Government Article, §10-219(b), Annotated Code of Maryland, concerning these communications.</text> </paragraph> <paragraph num="G."> <text>Final Decision. The final decision shall be promptly implemented.</text> </paragraph> <paragraph num="H."> <text>Appeal Rights.</text> <paragraph num="(1)"> <text>A final decision of the administrative law judge shall include a written statement of the individual's right of review which is a civil action in either the State circuit court or in the federal district court.</text> </paragraph> <paragraph num="(2)"> <text>The final decision shall be implemented pending any review by any court.</text> </paragraph> </paragraph> <paragraph num="I."> <text>File of Final Decisions. The Director shall maintain a separate file of final decisions issued after appeal hearings that are available for public inspection. Before placing these decisions in the public inspection file, the Director shall delete any names or references in the body of the decision that would allow identification of any applicant or eligible individual.</text> </paragraph> <paragraph num="J."> <text>Accommodations. The Division or hearing officer shall provide reasonable accommodations for an individual who requires assistance to exercise the individual's rights under this regulation.</text> </paragraph> <paragraph num="K."> <text>The Division may not suspend, reduce, or terminate services being provided under an individualized plan for employment or independent living plan, unless the individual so requests, pending a final determination of an impartial hearing or other final resolution, unless these services have been obtained through fraud, collusion, or criminal conduct on the part of the individual.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-301—21-306 and 21-402—21-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1989 (16:12 Md. R. 1337)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 amended effective January 2, 1995 (21:26 Md. R. 2191)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 7, 2000 (27:15 Md. R. 1402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 7, 2000 (27:15 Md. R. 1402); October 28, 2002 (29:21 Md. R. 1646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> </annotations> </chapter> <chapter num="08" heading="Workforce and Technology Center"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations govern the operations of the Workforce and Technology Center, an organizational unit of the Division of Rehabilitation Services, Maryland State Department of Education, a facility which provides comprehensive rehabilitation services in support of the vocational and independent living goals of individuals with disabilities.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Admission” means the date a person is formally admitted to the Center.</text> </paragraph> <paragraph num="(2)"> <text>“Admission committee” means the management team delegated final responsibility to review and approve or deny applications for admission to the Center.</text> </paragraph> <paragraph num="(3)"> <text>“Admission criteria” means the standards applied by the Center to determine its capacity and capability to provide the services requested by an applicant and the applicant's capability to benefit from services.</text> </paragraph> <paragraph num="(4)"> <text>“Appeal hearing” has the same meaning as defined in COMAR 13A.11.07.02.</text> </paragraph> <paragraph num="(5)"> <text>“Assistive technology” means the application of technological methods and principles and the provision of devices and aids to meet the needs of and address the barriers confronted by individuals with disabilities.</text> </paragraph> <paragraph num="(6)"> <text>“Career assessment” means a systematic, organized study of a consumer that is made to identify vocational options, assets, limitations, and behaviors, considering the interests, capabilities, and priorities of the individual, in the context of work environments in which the individual might function.</text> </paragraph> <paragraph num="(7)"> <text>“Case manager” means the staff person assigned primary responsibility for planning, initiating, coordinating, and monitoring a program of services in conjunction with the individual client.</text> </paragraph> <paragraph num="(8)"> <text>"Center" means the Workforce and Technology Center, a facility operated by the Maryland State Department of Education, Division of Rehabilitation Services, for the purpose of providing vocational rehabilitation and independent living services to individuals with disabilities.</text> </paragraph> <paragraph num="(9)"> <text>“Client” means an individual who is accepted for services and admitted to the Center.</text> </paragraph> <paragraph num="(10)"> <text>“Client Assistance Program” has the same meaning as defined in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(11)"> <text>“Client's representative” has the same meaning as “individual's representative” as defined in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(12)"> <text>“Commission on Accreditation of Rehabilitation Facilities (CARF)” means the private, nonprofit organization formed in 1966 which has established standards of quality for rehabilitation services and which accredits those who provide these services.</text> </paragraph> <paragraph num="(13)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(14)"> <text>“Director” means the chief administrator who is responsible for the operation of the Center.</text> </paragraph> <paragraph num="(15)"> <text>“Discharge” means termination of a program of services being provided for a client of the Center.</text> </paragraph> <paragraph num="(16)"> <text>“Division” has the same meaning as defined in COMAR 13A.11.01.03.</text> </paragraph> <paragraph num="(17)"> <text>“Employer advisory board” means a group of citizens who voluntarily provide advice, consultation, and recommendations associated with vocational courses offered at the Center.</text> </paragraph> <paragraph num="(18)"> <text>“Employment skills training” means a program offered by the Center designed to provide a client with these skills necessary to achieve employment in a specific occupation.</text> </paragraph> <paragraph num="(19)"> <text>“Functional limitations” means conditions resulting from a disability which prevent or impair an individual's ability to perform independent living or vocationally related activities.</text> </paragraph> <paragraph num="(20)"> <text>“Medical director” means the licensed physician who directs, manages, and coordinates medical services provided at the Center.</text> </paragraph> <paragraph num="(21)"> <text>“Medical functional evaluation” means a systematic study of a person to assess and identify the need for physical restoration services, functional assets and limitations, and readiness for vocational rehabilitation or independent living services.</text> </paragraph> <paragraph num="(22)"> <text>“Medical rehabilitation services” means the provision of one or more of the following services to clients:</text> <paragraph num="(a)"> <text>Physical therapy;</text> </paragraph> <paragraph num="(b)"> <text>Occupational therapy;</text> </paragraph> <paragraph num="(c)"> <text>Audiology;</text> </paragraph> <paragraph num="(d)"> <text>Speech-language therapy;</text> </paragraph> <paragraph num="(e)"> <text>Rehabilitation nursing;</text> </paragraph> <paragraph num="(f)"> <text>Medical management;</text> </paragraph> <paragraph num="(g)"> <text>Psychiatric or psychological evaluation, or both, and psychiatric or psychological treatment, or both;</text> </paragraph> <paragraph num="(h)"> <text>Therapeutic recreation; and</text> </paragraph> <paragraph num="(i)"> <text>Related services.</text> </paragraph> </paragraph> <paragraph num="(23)"> <text>“Medical staff” means those persons appointed to professional positions within the medical department of the Center in accordance with the credentialing process required by COMAR 10.07.01.24.</text> </paragraph> <paragraph num="(24)"> <text>“Physiatrist” means an individual licensed to practice medicine in Maryland who, by virtue of training and experience, specializes in physical medicine and rehabilitation.</text> </paragraph> <paragraph num="(25)"> <text>“Physician” means an individual licensed to practice medicine in Maryland who has been appointed to the medical staff of the Center.</text> </paragraph> <paragraph num="(26)"> <text>“Program” means a structured set of activities designed to achieve specific objectives established for the client.</text> </paragraph> <paragraph num="(27)"> <text>“Record” means the official repository of electronic and hard copy documentation concerning an individual served by the Center.</text> </paragraph> <paragraph num="(28)"> <text>“Residential services” means the provision of room, board, recreation, and other support services in the dormitory of the Center or the supported residence dormitory.</text> </paragraph> <paragraph num="(29)"> <text>“Restriction” means a procedure designed to reduce or eliminate maladaptive or inappropriate behavior as part of a progressive disciplinary action program.</text> </paragraph> <paragraph num="(30)"> <text>“Risk management” means a program developed to identify, evaluate, and reduce the risks to clients in the provision of services at the Center.</text> </paragraph> <paragraph num="(31)"> <text>“Vocational rehabilitation services” has the same meaning as defined in COMAR 13A.11.01.08.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Referral."> <paragraph num="A."> <text>Referral of a person to the Center may be made by a:</text> <paragraph num="(1)"> <text>Division of Rehabilitation Services staff member on behalf of a client of the Division; or</text> </paragraph> <paragraph num="(2)"> <text>Representative of a public or private organization or agency when an agreement has been established between the Center and the organization or program regarding direct referral of an individual.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The referral source shall:</text> <paragraph num="(1)"> <text>To the extent possible, make available to the admission office of the Center current medical, social, educational, psychological, psychiatric, and vocational rehabilitation information needed to make a determination regarding admission;</text> </paragraph> <paragraph num="(2)"> <text>Indicate the services being requested for the applicant and whether the person seeks services as a resident of the Center, as a day client commuting to the Center, or as a client receiving Center services in the client's community; and</text> </paragraph> <paragraph num="(3)"> <text>Assure that documentation required by the Center to process an application is complete and accurate and shall be responsible for providing any additional information which may be requested by the admission office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Admission Criteria."> <paragraph num="A."> <text>A person may not be denied admission to the Center solely on the basis of the person's race, creed, religion, color, national origin, age, sex, disabling condition, residence, or political affiliation.</text> </paragraph> <paragraph num="B."> <text>The admission committee shall comply with the Division's Order of Selection for Services policy set forth at COMAR 13A.11.01.13.</text> </paragraph> <paragraph num="C."> <text>The assigned case manager shall review the application and supporting documentation and, based upon the criteria set forth in this regulation, make a decision to admit the applicant or to recommend to the admission committee denial of the applicant.</text> </paragraph> <paragraph num="D."> <text>The admission committee and case manager shall make the final decision to admit or deny an applicant to the Center based upon the following criteria:</text> <paragraph num="(1)"> <text>The person is an applicant for or recipient of vocational rehabilitation services provided by the Division or by a public or private organization or agency with an established direct referral agreement with the Center;</text> </paragraph> <paragraph num="(2)"> <text>The services and resources needed to address the functional limitations presented by the applicant are available at the Center;</text> </paragraph> <paragraph num="(3)"> <text>There is evidence that the:</text> <paragraph num="(a)"> <text>Applicant has the developmental, personal, and social skills necessary for self-directed activity and participation in a program of rehabilitation conducted in group settings;</text> </paragraph> <paragraph num="(b)"> <text>Admission request is voluntary on the part of the applicant; and</text> </paragraph> <paragraph num="(c)"> <text>Current health status of the applicant permits participation in a program of rehabilitation services; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The applicant to an employment skills training program meets standards for admission and has a reasonable expectation of successfully completing the program and being employed in the field.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An applicant may be admitted for residential services in the:</text> <paragraph num="(1)"> <text>Supported residence dormitory (SRD) of the Center, if the admission committee, case manager, or residential supervisor determines that the applicant needs assistance with activities of daily living and/or requires supervision to be able to function in a residential setting; or</text> </paragraph> <paragraph num="(2)"> <text>Dormitory of the Center, if the admission committee or case manager determines that the applicant is independent in the applicant’s activities of daily living and will be able to function in a residential setting with minimal supervision.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Referral information confirms that the applicant who seeks admission for assessment or training services meets criteria specific to the service or program.</text> </paragraph> <paragraph num="G."> <text>An applicant who has been determined to have a communicable disease may not be admitted unless the Center's medical director approves admission on the grounds that the communicable disease is not transmissible through casual contact and the applicant's behavioral characteristics and history indicate that the applicant would not present a risk of transmitting the disease to other clients and staff of the Center.</text> </paragraph> <paragraph num="H."> <text>The admission committee may deny admission to an applicant who, in its determination, presents a danger to the health and safety of other clients and staff at the Center or presents a condition that the Center does not have adequate resources to care for appropriately, including, but not limited to, an applicant:</text> <paragraph num="(1)"> <text>Who is behaviorally or psychiatrically unstable or dangerous to a degree which requires intensive supervision or a restrictive therapeutic environment as documented by a licensed physician or psychologist;</text> </paragraph> <paragraph num="(2)"> <text>Who is acutely ill or medically unstable, as documented by a licensed physician, and requires medical, surgical, or nursing care beyond the resources of the Center;</text> </paragraph> <paragraph num="(3)"> <text>Who is currently using or abusing illegal drugs or alcohol;</text> </paragraph> <paragraph num="(4)"> <text>Who is a minor and who requires, in order to participate in a program of services, separate residential facilities for care or treatment as may be required by State law or regulation;</text> </paragraph> <paragraph num="(5)"> <text>Who is incarcerated or required to be under the strict supervision of law enforcement officers; or</text> </paragraph> <paragraph num="(6)"> <text>Who does not have established housing:</text> <paragraph num="(a)"> <text>For weekends;</text> </paragraph> <paragraph num="(b)"> <text>For other times when the Center is closed; or</text> </paragraph> <paragraph num="(c)"> <text>Upon completion of the applicant's service or program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Admission Decision and Appeal Process."> <paragraph num="A."> <text>WTC staff shall notify the applicant and referral source of the scheduled admission. If the applicant is being denied admission, the admission committee shall respond in writing and:</text> <paragraph num="(1)"> <text>State its reasons for denial;</text> </paragraph> <paragraph num="(2)"> <text>Inform the applicant and referral source of the Client Assistance Program and appeal process; and</text> </paragraph> <paragraph num="(3)"> <text>When appropriate, provide alternative recommendations for addressing the functional limitations presented by the applicant.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The referral source, the applicant for services, or the applicant's representative may request reconsideration of a decision denying admission within 30 days of receipt of the admission committee's decision by requesting, in writing, an opportunity to appear before the admission committee.</text> </paragraph> <paragraph num="C."> <text>If the admission committee, after reconsidering, confirms the decision to deny admission, the applicant may request an appeal hearing in accordance with COMAR 13A.11.07.03.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Financial Participation."> <paragraph num="A."> <text>The Center shall apply the policies, procedures, and schedule governing participation by the client or the client's representative in the cost of services set forth in COMAR 13A.11.01.10 and .15.</text> </paragraph> <paragraph num="B."> <text>Upon admission to the Center, the client or the client's representative shall complete and sign a financial agreement which details the client's or the client's representative's responsibilities for payment, if any, for services to be provided. The financial agreement shall authorize the assignment of costs to third parties if available and applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Services."> <text>The Center shall provide the following services, depending on the needs of the client and the individualized program of services developed with the client:</text> <paragraph num="A."> <text>Case management;</text> </paragraph> <paragraph num="B."> <text>Career assessment;</text> </paragraph> <paragraph num="C."> <text>Outpatient medical rehabilitation;</text> </paragraph> <paragraph num="D."> <text>Assistive technology (AT);</text> </paragraph> <paragraph num="E."> <text>Employment skills training;</text> </paragraph> <paragraph num="F."> <text>Work readiness services;</text> </paragraph> <paragraph num="G."> <text>Worksite services;</text> </paragraph> <paragraph num="H."> <text>Room, board, and recreation;</text> </paragraph> <paragraph num="I."> <text>Addiction assessment and addiction counseling for clients who are enrolled in other Center programs;</text> </paragraph> <paragraph num="J."> <text>Other services which may reasonably be expected to benefit the client and which may be needed to address the client's individualized rehabilitation needs or functional limitations; and</text> </paragraph> <paragraph num="K."> <text>Special programs for clients including:</text> <paragraph num="(1)"> <text>Blindness and vision services;</text> </paragraph> <paragraph num="(2)"> <text>Autism services;</text> </paragraph> <paragraph num="(3)"> <text>Services for transitioning youth; and</text> </paragraph> <paragraph num="(4)"> <text>Deaf and hard of hearing services.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Discharge Planning."> <paragraph num="A."> <text>For clients receiving medical functional evaluations, comprehensive assessments, and employment skills training, the case manager and the client shall initiate a discharge plan upon the client's admission to the Center and document the discharge plan in the record. The case manager shall include in the discharge planning process:</text> <paragraph num="(1)"> <text>The client;</text> </paragraph> <paragraph num="(2)"> <text>Family members or others who can provide support and assistance to the client;</text> </paragraph> <paragraph num="(3)"> <text>Members of the interdisciplinary team who may be involved in the delivery of services to the client; and</text> </paragraph> <paragraph num="(4)"> <text>The referral source.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The case manager shall notify the client, the client's family, representative, the referral source, and rehabilitation team members of the proposed discharge date.</text> </paragraph> <paragraph num="C."> <text>The case manager for clients receiving medical functional evaluations, comprehensive assessments, and employment skills training shall hold a discharge conference with the client on or shortly before the day of discharge to summarize services, discuss issues, and outline the steps needed to facilitate transition to the next phase of the client's rehabilitation program. The client shall be informed that a written report will be submitted to the referral source in a timely fashion after the conclusion of the service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Discharge."> <paragraph num="A."> <text>Workforce and Technology Center staff may discharge a client from the Center under any of the following circumstances and with the active participation of the client, the client's representative, and the referral source:</text> <paragraph num="(1)"> <text>The client satisfactorily completes the rehabilitation program as presented in the client's service plan;</text> </paragraph> <paragraph num="(2)"> <text>The client meets the requirements for graduation from an employment skills training program;</text> </paragraph> <paragraph num="(3)"> <text>The client initiates voluntary termination of the program;</text> </paragraph> <paragraph num="(4)"> <text>The client's medical condition prevents continued participation in a program of services;</text> </paragraph> <paragraph num="(5)"> <text>The client exhibits behavior which is dangerous or harmful to the client or to others in accordance with Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(6)"> <text>The client is permanently suspended as a result of disciplinary action in accordance with Regulation .11; or</text> </paragraph> <paragraph num="(7)"> <text>The client dies.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Center's Assistant Director may discharge a client from the Center under any of the following circumstances and with the active participation of the client, the client's representative, and the referral source:</text> <paragraph num="(1)"> <text>The client fails to achieve satisfactory progress, based upon the service plan, and efforts to resolve the issues contributing to the lack of progress are unsuccessful; or</text> </paragraph> <paragraph num="(2)"> <text>The client is absent for more than 3 full program days without providing an acceptable reason to the case manager.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appeal.</text> <paragraph num="(1)"> <text>A client or a client's representative may request reconsideration by the Director of the decision to discharge of the Assistant Director within 3 days of being notified of the decision. The Director shall confirm or overturn the decision within 24 hours of the request.</text> </paragraph> <paragraph num="(2)"> <text>If the discharge decision is confirmed pursuant to §C(1) of this regulation, at the time of discharge from the Center, the client, the client's representative, and the referral source shall be given written notification of the:</text> <paragraph num="(a)"> <text>Reason for discharge;</text> </paragraph> <paragraph num="(b)"> <text>Availability of the Client Assistance Program; and</text> </paragraph> <paragraph num="(c)"> <text>Appeal process in accordance with COMAR 13A.11.07.03.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the discharge decision is confirmed pursuant to §C(1) of this regulation and the client pursues an appeal hearing in accordance with COMAR 13A.11.07.03, the client may remain at the Center and receive services pending the appeal process.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A copy of the discharge summary shall be forwarded to the referral source and included in the client's record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Disciplinary Action."> <paragraph num="A."> <text>The Director or the Director's designee may take appropriate disciplinary action against any client who violates the Center's regulations and procedures, or whose behavior is disruptive to the operations of the Center's programs and services. The severity of the disciplinary action shall be based on the nature and scope of the client's behavior. Disciplinary action may range from imposing appropriate restrictions on the client's privileges at the Center to temporary or permanent suspension from the Center.</text> </paragraph> <paragraph num="B."> <text>Restrictions on Privileges. The case manager or residential services staff, or both, as appropriate, may impose appropriate disciplinary actions involving restrictions on privileges and shall inform the client of the disciplinary action and the reasons for the action. The case manager or residential services staff, or both, as appropriate, shall, in a timely manner, notify the referral source of the disciplinary action and reasons for the action.</text> </paragraph> <paragraph num="C."> <text>Temporary or Permanent Suspension.</text> <paragraph num="(1)"> <text>The Center's Assistant Director, with the active participation of the referral source, shall implement the temporary or permanent suspension of a client from the Center.</text> </paragraph> <paragraph num="(2)"> <text>The Assistant Director shall:</text> <paragraph num="(a)"> <text>Give the client oral and written notice of the suspension and the reasons for the suspension;</text> </paragraph> <paragraph num="(b)"> <text>Inform the client and the client's representative of the Client Assistance Program;</text> </paragraph> <paragraph num="(c)"> <text>Inform the client and the client's representative that the client may request reconsideration of the Assistant Director's decision to the Director of the Center;</text> </paragraph> <paragraph num="(d)"> <text>Inform the client and the client's representative that the client may appeal the decision in accordance with COMAR 13A.11.07.03; and</text> </paragraph> <paragraph num="(e)"> <text>Notify the referral source in writing of the client's suspension.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A temporary suspension may not exceed 30 program days on the first occurrence.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A client whose presence in the Center poses a continuing danger to self or others may be suspended from the Center immediately, pending the reconsideration and appeal process.</text> </paragraph> <paragraph num="E."> <text>The disciplinary action taken against a client shall be documented in the client's record.</text> </paragraph> <paragraph num="F."> <text>A client who has been temporarily suspended from a program of services may not be permitted to return to the Center until a case conference is held between the client or the client's representative, the case manager, the referral source, and any other Center staff who are providing services to the client. At the case conference, the case manager shall establish the conditions under which the client may return to the Center, including any restrictions which may be imposed, or whether the suspension should be extended or made permanent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Client Orientation."> <paragraph num="A."> <text>Each client admitted to the Center shall be provided with orientation services addressing both general operations of the Center and specific matters associated with the client's enrollment into a program of services.</text> </paragraph> <paragraph num="B."> <text>The Center’s Admission Packet which includes the rules and regulations shall be presented in writing to the client during the admission process. The client or, as appropriate, the client and the client’s representative, shall acknowledge receipt of a copy of the regulations and procedures associated with participation in a program of services at the Center by signing the document.</text> </paragraph> <paragraph num="C."> <text>The orientation program shall also include, as appropriate and required:</text> <paragraph num="(1)"> <text>Medical screening;</text> </paragraph> <paragraph num="(2)"> <text>Interview and completion of financial forms by the Admissions Office;</text> </paragraph> <paragraph num="(3)"> <text>Introduction to the specific program area or areas involved in the delivery of services; and</text> </paragraph> <paragraph num="(4)"> <text>Development of the service plan as specified in Regulation .08.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The client shall be informed of the attendance policies relating to the program of services in which the client is enrolled, and the consequences which may result if the client is absent without authorization.</text> </paragraph> <paragraph num="E."> <text>The Center’s Admission Packet which includes the Consumer Bill of Rights shall be presented in writing to the client during the admission process. The client or, as appropriate, the client and the client’s representative, shall acknowledge receipt of a copy of the Consumer Bill of Rights and confirm that they have been provided the opportunity for clarification of their rights at the Center and of the methods and procedures available to present a complaint, seek review or appeal of any decisions involving the provision or denial of services, or address any other matter which may be of concern while enrolled in the Center, by signing the document.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Employment Skills Training."> <paragraph num="A."> <text>The Director shall assure that written policies and procedures are maintained relating to the planning, development, and provision of employment skills training courses. These policies and procedures shall include but not be limited to written curriculum and course descriptions which shall describe the:</text> <paragraph num="(1)"> <text>Training objectives;</text> </paragraph> <paragraph num="(2)"> <text>Performance standards against which the client's progress shall be assessed and the methods of assessment; and</text> </paragraph> <paragraph num="(3)"> <text>Requirements for course completion and extension of the program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Director shall assure that an organized review of curriculum content, materials, and equipment is conducted at least once every 3 years in order to assure their continuing relevance. This review may be conducted as part of the activities conducted by the Employer Advisory Boards established for specific courses.</text> </paragraph> <paragraph num="C."> <text>Instructional personnel shall have active involvement in conferences and in service plan development, review, and modification for those clients served within their respective areas.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Career Assessment Services."> <paragraph num="A."> <text>The Director shall assure that policies and procedures are maintained relating to the planning, development, and provision of career assessment services to ensure that an array of assessment services are offered to meet the needs of the client and the referral source.</text> </paragraph> <paragraph num="B."> <text>Career assessment services shall be sufficiently comprehensive to obtain physical, intellectual, social, and work-related information necessary to identify a client's interests, knowledge, aptitudes, work skills and work-related capabilities and behaviors.</text> </paragraph> <paragraph num="C."> <text>The career assessment services shall employ work samples which shall be:</text> <paragraph num="(1)"> <text>Representative of realistic competitive worker traits and skills;</text> </paragraph> <paragraph num="(2)"> <text>Established by an analysis of job tasks or traits related to a specific area of work and standardized as to materials, layout, instructions, and scoring; and</text> </paragraph> <paragraph num="(3)"> <text>Based upon competitive norms or industrial standards.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Appropriate adaptive assessment tools and methods shall be used wherever possible with clients having sensory, physical, communication, or other functional impediments which might invalidate standardized procedures.</text> </paragraph> <paragraph num="E."> <text>The length of time a client remains in career assessment shall be based upon the type of assessment requested and the time necessary to accomplish the client's evaluation goals.</text> </paragraph> <paragraph num="F."> <text>Evaluation data shall include personal interviews and behavioral observations conducted by Center staff or consultants.</text> </paragraph> <paragraph num="G."> <text>Based on referral information, referral questions to be answered, questions from the person served, the initial interview, pre-evaluation assessment of potential modifications required to meet a person’s specific needs, and the stated purpose of the evaluation, a specific written evaluation plan shall be developed with each client which shall identify:</text> <paragraph num="(1)"> <text>The specific type of career assessment requested;</text> </paragraph> <paragraph num="(2)"> <text>The questions to be answered through the evaluation;</text> </paragraph> <paragraph num="(3)"> <text>Methods to be used to address the referral questions; and</text> </paragraph> <paragraph num="(4)"> <text>Reasonable accommodations and assistive technology needs and assistive technology strategies to be used.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Career Assessment Services staff person will provide preliminary information about the assessment results at the conclusion of the service. A written evaluation report shall be prepared for each client served in career assessment, and disseminated to the referral source within 14 working days of discharge from the Center. The evaluation report may be disclosed to other appropriate agencies or individuals only in accordance with the standards of Regulation .17 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Medical Services."> <text>The Medical Director shall be responsible for planning and managing the clinical services provided by the Center in accordance with appropriate federal and State law, and regulations and standards established by accrediting organizations, including the Commission on Accreditation of Rehabilitation Facilities.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Records."> <paragraph num="A."> <text>The Director shall assure that policies and procedures are developed and maintained to ensure that a confidential record, including electronic and hard copy, is established and maintained for each client admitted to the Center.</text> </paragraph> <paragraph num="B."> <text>The record for each client shall include:</text> <paragraph num="(1)"> <text>Case identification data;</text> </paragraph> <paragraph num="(2)"> <text>Pertinent history, diagnosis of disability, functional limitation or limitations, and goals;</text> </paragraph> <paragraph num="(3)"> <text>Reports of assessment and individual program planning;</text> </paragraph> <paragraph num="(4)"> <text>Reports from referring sources;</text> </paragraph> <paragraph num="(5)"> <text>Reports of staff conferences;</text> </paragraph> <paragraph num="(6)"> <text>The individual service plans;</text> </paragraph> <paragraph num="(7)"> <text>Signed and dated service and progress reports from each Center department providing service;</text> </paragraph> <paragraph num="(8)"> <text>Release forms;</text> </paragraph> <paragraph num="(9)"> <text>Reports from outside consultation including laboratory, radiology, medical, or related services;</text> </paragraph> <paragraph num="(10)"> <text>Designation of the case manager for the client;</text> </paragraph> <paragraph num="(11)"> <text>Evidence of the client's, and when appropriate, the family's participation in the decision-making process of the client's program;</text> </paragraph> <paragraph num="(12)"> <text>Discharge information; and</text> </paragraph> <paragraph num="(13)"> <text>Other information relating to the planning, provision, and management of services to the client.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Center record shall be retained for a minimum of 5 years from the time the client is discharged from the Center.</text> </paragraph> <paragraph num="D."> <text>The record shall be maintained in a secure area and may be disclosed to the client, the client's representative, or others only in accordance with the standards set forth in COMAR 13A.11.06.</text> </paragraph> <paragraph num="E."> <text>The record may not be removed from the Center unless by court order or with the permission of the Director or Director's designee.</text> </paragraph> <paragraph num="F."> <text>Staff members of the Center or the Division who are involved in providing rehabilitation services to a client may maintain a working file relating to the client for their own use in planning, implementing, and managing the services, provided that these files are maintained in a secure place and are not accessible to or revealed to any other person, except in accordance with the standards of COMAR 13A.11.06.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Protection, Use, and Release of Personal Information."> <paragraph num="A."> <text>The Center shall apply the policies and procedures set forth in COMAR 13A.11.06 Records of Services.</text> </paragraph> <paragraph num="B."> <text>Personal information in the possession of the Center shall be used only for purposes directly connected with the planning, implementation, and management of rehabilitation services provided by the Center and the Division. The Center may obtain personal information from service providers and cooperating agencies under assurances that the information may not be further divulged except in accordance with this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Accreditation and Licensing."> <paragraph num="A."> <text>The Director shall assure that policies and procedures are maintained to comply with licensing and accrediting standards for career assessment, employment skills training, outpatient medical rehabilitation services, and any other services or programs for which the Center has or obtains accreditation or appropriate licensing as may be required by State law and regulations or by the Commission on Accreditation of Rehabilitation Facilities.</text> </paragraph> <paragraph num="B."> <text>The Director shall assure that the Monitoring Committee is established and maintained in accordance with applicable State laws and regulations and standards established by accrediting organizations.</text> </paragraph> <paragraph num="C."> <text>The Director of the Center shall assure that the policies and procedures are maintained for:</text> <paragraph num="(1)"> <text>A risk management program;</text> </paragraph> <paragraph num="(2)"> <text>An infection control program;</text> </paragraph> <paragraph num="(3)"> <text>A physician credentialing procedure;</text> </paragraph> <paragraph num="(4)"> <text>A program evaluation system; and</text> </paragraph> <paragraph num="(5)"> <text>Policy development through the Division's Policy Review Committee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Administrative Operations."> <paragraph num="A."> <text>The Director shall assure that policies and procedures are established and maintained in compliance with applicable federal, State, and local ordinances, laws, regulations, and orders as they apply to the use of facilities including, but not limited to, standards associated with health, welfare, sanitation, and safety.</text> </paragraph> <paragraph num="B."> <text>The Center shall be maintained in accordance with applicable fire code requirements set forth in State laws, regulations, and local ordinances. The premises shall be inspected annually and approved by the local fire authority.</text> </paragraph> <paragraph num="C."> <text>The Center shall maintain a fire and disaster plan in accordance with applicable State and local ordinances and shall regularly conduct fire drills during all shifts. A record of each fire drill shall be prepared and maintained.</text> </paragraph> <paragraph num="D."> <text>The Division of Rehabilitation Services Police may stop and conduct a frisk of a client, employee, visitor, or any other person on the premises if there is reasonable belief that the person possesses a weapon which presents an imminent danger to the safety of that person or other persons in the Center.</text> </paragraph> <paragraph num="E."> <text>The Director or the Director's designee may authorize searches of the physical plant including lockers and residential areas assigned to individual clients when there is a reasonable belief that the search is essential to prevent imminent danger to the safety or welfare of a client, an employee, or other persons on Center property, or that the search will produce evidence that the client has violated or is violating either the law or rules of the Center. A search of the physical plant may be undertaken without advance authorization if imminent danger to the health, welfare, or safety of clients or others exists. The Director or designee shall be immediately notified of any search that was conducted without advance authorization. All searches shall be made in the presence of a third party.</text> </paragraph> <paragraph num="F."> <text>The Director shall ensure that the Center is accessible to individuals with disabilities in accordance with the requirements of the:</text> <paragraph num="(1)"> <text>Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq.; and</text> </paragraph> <paragraph num="(2)"> <text>Uniform Federal Accessibility Standards, 41 CFR Subpart 101-19.6.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§21-301—21-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 16, 1990 (17:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 1, 2001 (28:19 Md. R. 1687)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 28, 2006 (33:17 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective January 21, 2013 (40:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08G repealed effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D repealed effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, E amended effective January 21, 2013 (40:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14G amended effective November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14H amended effective January 21, 2013 (40:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective January 12, 2009 (36:1 Md. R. 23); November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16B amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B amended effective November 30, 2009 (36:24 Md. R. 1859)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19D, E amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 2015 (42:14 Md. R. 882)</annotation> </annotations> </chapter> </subtitle> <subtitle num="12" heading="Educator Licensure"> <chapter num="01" heading="General Provisions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Licensure is established to offer assurance to the citizens of this State that professional public educational staff possess the minimum essential knowledge and skills needed to achieve outcomes for public education declared by the State Board of Education, and maintain competent practice through career long-engagement with their content area, research, best practice, and expert opinion.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accredited nonpublic school” means a nonpublic school accredited by a national organization or regional organization.</text> </paragraph> <paragraph num="(2)"> <text>“Approved nonpublic school” means a nonpublic school approved by a state department of education.</text> </paragraph> <paragraph num="(3)"> <text>“Bilingual Education” means the teaching of academic content in two languages: a native and second language.</text> </paragraph> <paragraph num="(4)"> <text>“Certificate” is the term for an educator credential issued by the Department. The term certificate has been replaced by the word license.</text> </paragraph> <paragraph num="(5)"> <text>“Class” means a period allocated for lessons during a school day.</text> </paragraph> <paragraph num="(6)"> <text>“Conditional license” means a non-renewable license issued while the applicant pursues a pathway to professional licensure.</text> </paragraph> <paragraph num="(7)"> <text>“Content coursework” means coursework completed in academic disciplines as differentiated from pedagogical coursework.</text> </paragraph> <paragraph num="(8)"> <text>“Continuing education units (CEUs)” means credit issued from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.</text> </paragraph> <paragraph num="(9)"> <text>“Continuing professional development (CPD) credit” means credit earned through continuing professional development experiences approved by the Department.</text> </paragraph> <paragraph num="(10)"> <text>“Crime against children” means any crime defined in Criminal Law Article, §3-601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Crime of violence” means any crime as defined in Criminal Law Article, §14-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Culturally Responsive Teaching” means pedagogy that recognizes the importance of including students’ cultural references in all aspects of learning.</text> </paragraph> <paragraph num="(13)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(14)"> <text>“Educator” means an individual who holds a license in an area of teaching, Professional and Technical Education, specialized areas for fine arts, specialist, administrator or supervisor.</text> </paragraph> <paragraph num="(15)"> <text>“Effective performance” means professional, full-time experience as a specialist, administrator, or supervisor in a public school system, approved nonpublic school, or accredited nonpublic school for which the annual overall evaluation rating is at least effective or equivalent.</text> </paragraph> <paragraph num="(16)"> <text>“Effective teaching experience” means professional, full-time experience as a teacher in a public school, approved nonpublic school, or accredited nonpublic school for which the annual overall evaluation rating is at least effective or equivalent.</text> </paragraph> <paragraph num="(17)"> <text>“Endorsement” means a credential issued on a license under COMAR 13A.12.01.04C to indicate satisfactory knowledge and skills to perform services in the area(s) specified.</text> </paragraph> <paragraph num="(18)"> <text>“English as a Second Language (ESOL)” means the practice and theory of learning and teaching English to students of which English is not the native language.</text> </paragraph> <paragraph num="(19)"> <text>“English Language Learners (ELL)” means students who come from non-English speaking homes and who are learning English.</text> </paragraph> <paragraph num="(20)"> <text>“Full-time teaching experience” means a period of not less than 9 consecutive months as the responsible teacher in a classroom under an appointment requiring service for 50 percent or more of the school week or the equivalent.</text> </paragraph> <paragraph num="(21)"> <text>“Higher degree” means a degree earned that is higher than a bachelor’s degree such as a Ph.D., Ed.D., Ed.S., master’s degree, J.D., M.D., D.D.M., D.D.S., or L.L.M.</text> </paragraph> <paragraph num="(22)"> <text>“Historic Professional Certificate” means a previously issued certificate or area of certification that no longer exists.</text> </paragraph> <paragraph num="(23)"> <text>“Historic Professional License” means a license or area of licensure that no longer exists.</text> </paragraph> <paragraph num="(24)"> <text>“Individual professional development plan (IPDP)” means a plan developed in partnership with a supervisor, if employed, to provide appropriate and relevant professional learning.</text> </paragraph> <paragraph num="(25)"> <text>“Initial license” means the first Maryland professional license issued to an educator.</text> </paragraph> <paragraph num="(26)"> <text>“Internship” means a supervised period of clinical experience offered by an educator preparation program designed to allow pre-service teachers to practice and refine their teaching skills.</text> </paragraph> <paragraph num="(27)"> <text>“Interstate Certification Compact (ICC)” means a legal agreement with other states to facilitate the certification of out-of-State teachers and other professional educational personnel as authorized by Education Article, Title 6, Subtitle 6, Annotated Code of Maryland, or as otherwise provided by law.</text> </paragraph> <paragraph num="(28)"> <text>“License” means an educator credential issued by the Department, which allows the holder to practice the area(s) of licensure noted.</text> </paragraph> <paragraph num="(29)"> <text>“Local school system (LSS)” means a Maryland public school system.</text> </paragraph> <paragraph num="(30)"> <text>“Member state” means a state that participates in the Interstate Certification Compact (ICC).</text> </paragraph> <paragraph num="(31)"> <text>“Micro-credential” means a digital form of certification indicating the demonstration of competency/mastery in a specific skill or set of skills.</text> </paragraph> <paragraph num="(32)"> <text>“Montessori school” means a public school that uses Montessori instruction as its primary method of instruction, or is approved by the Department.</text> </paragraph> <paragraph num="(33)"> <text>“Nonpublic school approved under COMAR 13A.09.09” means a school that is issued a Certificate of Approval by the State Board, excluding the federal government or any State, county, or municipal agency or division of these, to operate an educational program in a nonpublic kindergarten, elementary school, and secondary school.</text> </paragraph> <paragraph num="(34)"> <text>“Nonpublic school approved under COMAR 13A.09.10” means:</text> <paragraph num="(a)"> <text>An entity which is responsible for governing and operating a school that provides a Type I, Type II, Type III educational program in a facility licensed by a unit of State government to provide treatment of care, or both; or</text> </paragraph> <paragraph num="(b)"> <text>Educational programs that provide special education to children in a nonpublic school in accordance with Education Article, §8-406, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Occupational experience” means experience gained while employed performing in the career area to be taught.</text> </paragraph> <paragraph num="(36)"> <text>“Pedagogy” means the method and practice of teaching.</text> </paragraph> <paragraph num="(37)"> <text>“Professional and Technical Education” means areas of study which include skilled trades, applied sciences, modern technologies, and career preparation.</text> </paragraph> <paragraph num="(38)"> <text>“Professional conference” means a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.</text> </paragraph> <paragraph num="(39)"> <text>“Professional development activity” means an activity, approved by the Department, local school system, State Agency, Maryland-approved nonpublic school, or another state department of education, that improves the professional knowledge, competence, skill, or effectiveness of the license holder.</text> </paragraph> <paragraph num="(40)"> <text>“Professional Development Point (PDP)” means a unit used to renew teacher licenses earned through completion of specific professionally aligned tasks and assignments.</text> </paragraph> <paragraph num="(41)"> <text>“Professional education coursework” means coursework dealing with the knowledge and process of teaching to prepare to become a teacher, as differentiated from content coursework.</text> </paragraph> <paragraph num="(42)"> <text>“Professional licensure” means holding a Temporary Professional, Initial Professional, Professional, or Advanced Professional License.</text> </paragraph> <paragraph num="(43)"> <text>“Reinstatement” means restoration of an expired license.</text> </paragraph> <paragraph num="(44)"> <text>“Renewal” means the extension of the validity period of an existing license.</text> </paragraph> <paragraph num="(45)"> <text>“Required grade” means a grade of C or better, pass, or satisfactory.</text> </paragraph> <paragraph num="(46)"> <text>“Resident Teacher License” means a license issued to a candidate enrolled in an alternative teacher preparation program.</text> </paragraph> <paragraph num="(47)"> <text>“School” means a public school, an approved nonpublic school, or an accredited nonpublic school.</text> </paragraph> <paragraph num="(48)"> <text>“Sheltered English instruction” means an instructional approach that engages English Language Learners (ELL) in developing grade-level content-area knowledge, academic skills, and increased English proficiency.</text> </paragraph> <paragraph num="(49)"> <text>“Specialist” means an individual licensed under COMAR 13A.12.04.</text> </paragraph> <paragraph num="(50)"> <text>“Teaching endorsement” means a teaching area added to a professional license of an educator who has met the qualifications of COMAR 13A.12.02.02B.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Licensure Requirements of Education Personnel."> <paragraph num="A."> <text>The regulations in this subtitle are established as licensure standards for personnel educating students in a Maryland local school system, a State-operated school, and a nonpublic school approved under COMAR 13A.09.10.</text> </paragraph> <paragraph num="B."> <text>A local school system, State-operated school, and nonpublic school approved under COMAR 13A.09.10 may establish additional requirements as a condition of employment.</text> </paragraph> <paragraph num="C."> <text>Personnel Subject to Licensure.</text> <paragraph num="(1)"> <text>Teachers, specialists, administrators, and supervisors employed in a Maryland local school system, a State-operated school, and a nonpublic school approved under COMAR 13A.09.10 are subject to licensure.</text> </paragraph> <paragraph num="(2)"> <text>Teachers. A teacher employed in an early childhood, elementary, pre-kindergarten—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.02.</text> </paragraph> <paragraph num="(3)"> <text>Professional and Technical Education/Specialized Areas for Fine Arts. A Professional and Technical Education teacher or Specialized Area of Fine Arts teacher employed in an early childhood, elementary, pre-kindergarten—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.03.</text> </paragraph> <paragraph num="(4)"> <text>Specialists. A specialist employed in an early childhood, elementary, pre-kindergarten—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.04 or a license in certain areas as otherwise provided in State law.</text> </paragraph> <paragraph num="(5)"> <text>Administrators and Supervisors. Administrators and supervisors who have direct contact with students, who have responsibility for curriculum development, or who have responsibility for supervision of instruction shall meet the requirements for a professional license under COMAR 13A.12.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Issuance and Types of Licenses."> <paragraph num="A."> <text>Application Procedure.</text> <paragraph num="(1)"> <text>To obtain licensure in a specific area, an applicant, or local school system on behalf of the applicant, shall submit an application and documentation as required by the Department.</text> </paragraph> <paragraph num="(2)"> <text>The Department or its designee shall evaluate the application and documentation and if the applicant satisfies the requirements, the Department shall issue the license.</text> </paragraph> <paragraph num="(3)"> <text>An applicant shall present transcripts verified to the satisfaction of the Department.</text> </paragraph> <paragraph num="(4)"> <text>An applicant shall present test scores to the Department in one of the following ways:</text> <paragraph num="(a)"> <text>Directly from the testing company;</text> </paragraph> <paragraph num="(b)"> <text>By notation on an official transcript;</text> </paragraph> <paragraph num="(c)"> <text>By verification from a college or university;</text> </paragraph> <paragraph num="(d)"> <text>By verification from a state department of education; or</text> </paragraph> <paragraph num="(e)"> <text>With the applicant’s original score report or a copy of the score report verified to the satisfaction of the Department.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Department shall maintain the file of an applicant for licensure who is not eligible for a license for 1 year from the date of the last correspondence, after which time the applicant may reapply.</text> </paragraph> <paragraph num="(6)"> <text>It is the responsibility of the licensed individual to maintain the validity of the license and to provide the Department with current information including name, email address, mailing address, and phone number.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Fee. The fee for the initial issuance and renewal of a license is provided in Education Article, §6-704(b), Annotated Code of Maryland, and the individual seeking issuance or renewal shall pay the Department by money order, certified check, cashier’s check, or electronic payment.</text> </paragraph> <paragraph num="C."> <text>Types of Educator Licenses.</text> <paragraph num="(1)"> <text>Conditional License. The conditional license is a nonrenewable license valid for a period not to exceed 5 years issued only for licenses under COMAR 13A.12.02.02 and 13A.12.03.02.</text> </paragraph> <paragraph num="(2)"> <text>Conditional Special Education License. The conditional special education license is a nonrenewable license valid for a period not to exceed 3 years issued only for licenses under COMAR 13A.12.02.02.</text> </paragraph> <paragraph num="(3)"> <text>Resident Teacher License. The Resident Teacher license is valid for a period not to exceed 3 years issued only for licenses under COMAR 13A.12.02.02F.</text> </paragraph> <paragraph num="(4)"> <text>Temporary Professional License. The Temporary Professional License is a nonrenewable license valid for a period not to exceed 2 years and issued only for licenses under COMAR 13A.12.02.02, 13A.12.03.02, and 13A.12.04.02.</text> </paragraph> <paragraph num="(5)"> <text>Initial Professional License. The Initial Professional License is a renewable license valid for a period not to exceed 5 years.</text> </paragraph> <paragraph num="(6)"> <text>Professional License. The Professional License is a renewable license valid for a period not to exceed 5 years.</text> </paragraph> <paragraph num="(7)"> <text>Advanced Professional License. The Advanced Professional License is a renewable license valid for a period not to exceed 5 years.</text> </paragraph> <paragraph num="(8)"> <text>Adjunct Teacher License. The Adjunct Teacher License is a renewable license valid for a period not to exceed 1 year issued only for licenses under COMAR 13A.12.02.02 and 13A.12.03.02.</text> </paragraph> <paragraph num="(9)"> <text>Montessori Professional License.</text> <paragraph num="(a)"> <text>The Montessori Professional License is valid for an indefinite period.</text> </paragraph> <paragraph num="(b)"> <text>The Montessori Professional License may be issued to an individual who teaches students in a Montessori school and meets the eligibility criteria in 13A.12.02.02H.</text> </paragraph> <paragraph num="(c)"> <text>An individual with a Montessori Professional License may not teach students in a public school that is not a Montessori school unless the individual meets the requirements relating to licensure of public school teachers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A historic Maryland license may not be issued as an initial license.</text> </paragraph> <paragraph num="E."> <text>Effective Dates of Licenses.</text> <paragraph num="(1)"> <text>Issuance of a License. The Department shall issue a license to an applicant with the following effective dates:</text> <paragraph num="(a)"> <text>If the license was issued from January 1 through June 30, the effective date of the license is January 1; and</text> </paragraph> <paragraph num="(b)"> <text>If the license was issued from July 1 through December 31, the effective date of the license is July 1.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Multiple Licenses. Educators may hold multiple licenses.</text> </paragraph> <paragraph num="(3)"> <text>Endorsements.</text> <paragraph num="(a)"> <text>An individual who meets the qualification for initial licensure may add additional endorsements to the existing license.</text> </paragraph> <paragraph num="(b)"> <text>The validity period for an endorsement is the same as the initial license.</text> </paragraph> <paragraph num="(c)"> <text>The Department shall renew the endorsement when the initial license is renewed.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An educator who adds an additional license or endorsement to an existing license is not required to amend the Individualized Professional Development Plan or present additional renewal requirements during the current validity period.</text> </paragraph> <paragraph num="(5)"> <text>An educator who meets the eligibility requirements to advance to the Professional License or Advanced Professional License under COMAR 13A.12.02.02, COMAR 13A.12.03.02, COMAR 13A.12.04.02, or COMAR 13A.12.05.02 shall retain all of the endorsements listed on the existing license.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Deactivate a License or Teaching Endorsement.</text> <paragraph num="(1)"> <text>An educator may request, in writing, to deactivate a license or teaching endorsement.</text> </paragraph> <paragraph num="(2)"> <text>The educator shall meet the current regulatory requirements if the educator wishes to hold that license and/or teaching endorsement in the future.</text> </paragraph> <paragraph num="(3)"> <text>An educator may not request the deactivation of a license to avoid disciplinary action.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Licensure Plan.</text> <paragraph num="(1)"> <text>A licensure plan may be issued to an applicant who does not meet the qualifications for a license.</text> </paragraph> <paragraph num="(2)"> <text>A licensure plan is effective for a 5-year period.</text> </paragraph> <paragraph num="(3)"> <text>If an applicant fails to satisfy the requirements for a professional license within the 5-year period, the applicant shall meet the requirements of the current applicable regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Military Reciprocity."> <paragraph num="A."> <text>A servicemember or spouse of a servicemember with a professional educator license or certificate from another state may apply for a comparable Maryland license if the servicemember or spouse:</text> <paragraph num="(1)"> <text>Has moved to reside in Maryland because of orders for military service;</text> </paragraph> <paragraph num="(2)"> <text>Provides a copy of the military orders to the Department as part of a licensure application;</text> </paragraph> <paragraph num="(3)"> <text>Has actively used the license or certificate during the 2 years immediately preceding the move; and</text> </paragraph> <paragraph num="(4)"> <text>Remains in good standing with the licensing authority that issued the license or certificate and with every other licensing authority that issued an educator license or certificate to the service member or spouse.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A servicemember or spouse who meets the criteria in §(1) of this regulation shall meet the renewal requirements for the Maryland license issued.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Reinstatement of an Expired Professional License."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>An educator may not be employed under an expired license.</text> </paragraph> <paragraph num="(2)"> <text>An educator who holds an expired Maryland Initial Professional, Professional, or Advanced Professional license in a teaching area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.02.06.</text> </paragraph> <paragraph num="(3)"> <text>An educator who holds an expired Maryland Initial Professional, Professional, or Advanced Professional license in an area of professional and technical education or specialized area of fine arts may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.03.05.</text> </paragraph> <paragraph num="(4)"> <text>An educator who holds an expired Maryland Initial, Professional or Advanced Professional license in a specialist area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.04.15.</text> </paragraph> <paragraph num="(5)"> <text>An educator who holds an expired Maryland Initial, Professional or Advanced Professional license in an administrator area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.05.15.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exemption. An educator holding an expired Maryland Initial Professional, Professional, or Advanced Professional license who presents a valid professional license issued by a member state, may reinstate the Maryland license.</text> </paragraph> <paragraph num="C."> <text>Historic Professional Certificate or License.</text> <paragraph num="(1)"> <text>The Department shall issue an Initial Professional License to an educator who holds an expired Maryland Professional Eligibility Certificate or Standard Professional I Certificate and meets the requirements to reinstate a Maryland license under §A or B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall issue a Professional License to an educator who holds an expired Maryland Standard Professional II Certificate and meets the requirements to reinstate a Maryland license under §A or B of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall issue an Advanced Professional License to an educator who holds an expired Maryland Advanced Professional Certificate and meets the requirements to reinstate a Maryland license under §§A or B of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>An educator who allows a license to expire that includes a historic endorsement area may not reinstate that area.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Waiver of Licensure Requirements."> <paragraph num="A."> <text>Waiver of Licensure Requirements. Except for educator licensure tests, the State Superintendent of Schools or designee may waive the specific requirements for a license in an individual case if it is determined, after thorough investigation, that the applicant’s preparation or experience, or both, are adequate to justify a waiver.</text> </paragraph> <paragraph num="B."> <text>Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:</text> <paragraph num="(1)"> <text>The professionally licensed employee is:</text> <paragraph num="(a)"> <text>55 years old or older; or</text> </paragraph> <paragraph num="(b)"> <text>Employed in public or approved nonpublic school service for at least 25 years; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The request is recommended by the county superintendent, executive director, or chief officer of the legal authority having jurisdiction over the employee.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303(g), 6-127, 6-701—6-708, and 8-3A-03; Family Law Article, §10-119.3; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">For a history of certification requirements before January 1, 1989, see the Administrative History for COMAR 13A.07.01.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08, .10—.12, and .15 adopted effective January 1, 1989 (15:26 Md. R. 2985)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08-1 adopted effective April 1, 1991 (18:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulations .09, .13, and .14 adopted effective April 3, 1989 (16:6 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14F amended effective October 16, 1989 (16:20 Md. R. 2183)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective June 12, 1989 (16:11 Md. R. 1219)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.15 repealed and new Regulations .01—.11 adopted effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 23, 1996 (23:19 Md. R. 1376); July 27, 1998 (25:15 Md. R. 1192)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 6, 1995 (22:22 Md. R. 1670); September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G amended effective September 23, 1996 (23:19 Md. R. 1376); September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 repealed and new Regulations .01—.14 adopted effective January 1, 2003 (29:22 Md. R. 1721)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective August 27, 2007 (34:17 Md. R. 1509); March 10, 2008 (35:5 Md. R. 641); March 5, 2012 (39:4 Md. R. 337); July 3, 2017 (44:13 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 19, 2005 (32:25 Md. R. 1943); July 16, 2018 (45:14 Md. R. 697)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 4, 2010 (37:20 Md. R. 1395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 26, 2007 (34:4 Md. R. 401); July 30, 2007 (34:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective January 15, 2007 (34:1 Md. R. 32)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective September 11, 2006 (33:18 Md. R. 1506); February 11,2019 (46:3 Md. R. 107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective December 9, 2004 (31:24 Md. R. 1728); July 30, 2007 (34:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed and new Regulation .07 adopted effective February 27, 2006 (33:4 Md. R. 352)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 4, 2009 (36:9 Md. R. 651)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08-1 adopted effective February 25, 2019 (46:4 Md. R. 191)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective May 3, 2010 (37:9 Md. R. 673); October 4, 2010 (37:20 Md. R. 1395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended effective February 27, 2006 (33:4 Md. R. 352)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A, B amended effective February 26, 2007 (34:4 Md. R. 401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective July 21, 2003 (30:14 Md. R. 937); December 19, 2005 (32:25 Md. R. 1943); October 6, 2008 (35:20 Md. R. 1776)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14C adopted as an emergency provision effective May 26,2020 (47:13 Md. R. 639); adopted permanently effective October 19, 2020 (47:21 Md. R. 904)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14 repealed under Subtitle 12 Certification Chapter 01 General Provisions and new Regulations .01—.06 adopted under Subtitle 12 Educator Licensure Chapter 01 General Provisions effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 27, 2025 (52:25 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 recodified to Regulation .06 effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 recodified to Regulation .07 effective March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> <chapter num="02" heading="Teachers"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>A teacher employed in an early childhood, elementary, pre-kindergarten—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.02.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Licenses for Teachers."> <paragraph num="A."> <text>Temporary Professional.</text> <paragraph num="(1)"> <text>The Temporary Professional Teacher License is valid for 2 years and may not be renewed.</text> </paragraph> <paragraph num="(2)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for an employee:</text> <paragraph num="(a)"> <text>Who has completed an out-of-State teacher preparation program or holds a valid out-of-State professional license but has not submitted passing scores on Maryland teacher licensure tests; or</text> </paragraph> <paragraph num="(b)"> <text>Who has failed to meet the renewal requirements of a professional license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Initial Professional.</text> <paragraph num="(1)"> <text>The Initial Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulation .03 of this chapter is eligible for an Initial Professional Teacher License.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Professional.</text> <paragraph num="(1)"> <text>The Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulation .03 of this chapter is eligible for a Professional Teacher License if the applicant submits documentation:</text> <paragraph num="(a)"> <text>Demonstrating completion of a Maryland induction program under COMAR 13A.07.01; or</text> </paragraph> <paragraph num="(b)"> <text>Verifying 3 years of effective teaching performance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Advanced Professional.</text> <paragraph num="(1)"> <text>The Advanced Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulation .03 of this chapter is eligible for an Advanced Professional Teacher License if the applicant meets the requirements for the Professional Teacher License under §C of this regulation and submits documentation demonstrating that the applicant has:</text> <paragraph num="(a)"> <text>A master’s degree or higher;</text> </paragraph> <paragraph num="(b)"> <text>At least 30 semester hours of post baccalaureate credit; or</text> </paragraph> <paragraph num="(c)"> <text>A National Board Certificate issued by the National Board for Professional Teaching Standards.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Conditional.</text> <paragraph num="(1)"> <text>A conditional license is valid for 5 years and may not be renewed.</text> </paragraph> <paragraph num="(2)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall request a conditional license only if the school cannot fill a position with an individual who qualifies for a license under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A conditional license may only be issued to an individual who possesses a bachelor’s degree or higher.</text> </paragraph> <paragraph num="(4)"> <text>An applicant who is issued a conditional license shall pursue a pathway to professional licensure under Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Conditional Special Education.</text> <paragraph num="(1)"> <text>A conditional special education license is valid for 3 years and may not be renewed.</text> </paragraph> <paragraph num="(2)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall request a conditional license only if:</text> <paragraph num="(a)"> <text>The school cannot fill a special education position with an individual who qualifies for a license under Regulation .03 of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>The license holder receives sustained, intensive, classroom-focused professional development before and while teaching, and intensive supervision that consists of structured guidance and regular ongoing support and mentoring.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A conditional license may only be issued to an individual who possesses a bachelor’s degree or higher.</text> </paragraph> <paragraph num="(4)"> <text>An applicant who is issued a conditional license shall pursue a pathway to professional licensure under Regulation .03A(1) and (2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Resident Teacher.</text> <paragraph num="(1)"> <text>The Resident Teacher License is valid for 3 years and may not be renewed.</text> </paragraph> <paragraph num="(2)"> <text>The provider of an alternative teacher preparation program approved under COMAR 13A.07.06, shall request a Resident Teacher License for a candidate before placement in a resident teacher assignment.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Adjunct Teacher.</text> <paragraph num="(1)"> <text>The Department may issue an adjunct license upon the request of a local school system superintendent or an education director of a nonpublic school approved under COMAR 13A.09.10.</text> </paragraph> <paragraph num="(2)"> <text>The local school system superintendent or education director of the approved nonpublic school shall include with a request for an adjunct license:</text> <paragraph num="(a)"> <text>The name and credentials of the individual;</text> </paragraph> <paragraph num="(b)"> <text>The course name and content to be taught; and</text> </paragraph> <paragraph num="(c)"> <text>An explanation as to why the position cannot be filled by a qualified licensed educator.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The adjunct license is nontransferable between local school systems.</text> </paragraph> <paragraph num="(4)"> <text>A local school system or nonpublic school may not employ an individual who holds an adjunct license as a full-time employee.</text> </paragraph> <paragraph num="(5)"> <text>An applicant for an adjunct license shall:</text> <paragraph num="(a)"> <text>Hold a high school diploma or its equivalent;</text> </paragraph> <paragraph num="(b)"> <text>Hold an industry license, when applicable for the profession; and</text> </paragraph> <paragraph num="(c)"> <text>Have 5 years of satisfactory occupational experience in the field to be taught.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The employing local school system or nonpublic school shall provide an individual who is issued an adjunct license with the following:</text> <paragraph num="(a)"> <text>A professionally licensed mentor;</text> </paragraph> <paragraph num="(b)"> <text>Side-by-side coaching or co-teaching with a professionally licensed teacher;</text> </paragraph> <paragraph num="(c)"> <text>A minimum of 45 hours of professional development, with 30 hours delivered before entry to the classroom and the remainder to be delivered throughout the school year; and</text> </paragraph> <paragraph num="(d)"> <text>Evaluations of the individual’s teaching effectiveness.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The adjunct license issued in accordance with this regulation is valid for a 1-year period and may be renewed upon the request of the local school system or nonpublic school.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Montessori Professional License. An applicant may be eligible for a Montessori Professional License if the applicant submits documentation demonstrating the applicant has:</text> <paragraph num="(1)"> <text>A bachelor’s degree or higher;</text> </paragraph> <paragraph num="(2)"> <text>A valid credential from:</text> <paragraph num="(a)"> <text>The American Montessori Society;</text> </paragraph> <paragraph num="(b)"> <text>The Association Montessori Internationale; or</text> </paragraph> <paragraph num="(c)"> <text>A program accredited by the Montessori Accreditation Council for Teacher Education; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Passing scores as established by the State Superintendent of Schools on a reading instruction licensure test approved by the State Board of Education, or attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pathways to Teacher Licensure."> <paragraph num="A."> <text>Pathways to Initial Teacher Licenses. Applicants shall meet the requirements of one pathway to earn initial teacher licensure.</text> <paragraph num="(1)"> <text>Maryland Approved Program. Teacher candidates who complete a Maryland approved educator preparation program as set forth in COMAR 13A.07.06 shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher;</text> </paragraph> <paragraph num="(b)"> <text>Completion of an approved program as set forth in COMAR 13A.07.06;</text> </paragraph> <paragraph num="(c)"> <text>Documentation of one of the following:</text> <paragraph num="(i)"> <text>Passing score as established by the State Superintendent of Schools on a basic literacy skills assessment as approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Minimum overall cumulative grade point average of 3.0 on a 4.0 scale on the most recently earned degree; or</text> </paragraph> <paragraph num="(iii)"> <text>Three years of effective evaluations from a local school system in Maryland.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Passing scores as established by the State Superintendent of Schools on a content licensure test approved by the State Board of Education;</text> </paragraph> <paragraph num="(e)"> <text>Passing scores as established by the State Superintendent of Schools on a reading instruction licensure test approved by the State Board of Education, or attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool; and</text> </paragraph> <paragraph num="(f)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education; or</text> </paragraph> <paragraph num="(ii)"> <text>Completion of a comprehensive local school system teacher induction program that meets the requirements listed under §B(2) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>In-District Training Program. Teacher candidates who are hired as a teacher of record in a Maryland local school system may complete a Department-approved in-district training program. Candidates seeking licensure under the in-district pathway shall meet the following requirements:</text> <paragraph num="(a)"> <text>Possession of a conditional license in the subject area and at the grade level of the license sought.</text> </paragraph> <paragraph num="(b)"> <text>Demonstration of content knowledge by completing the following:</text> <paragraph num="(i)"> <text>Bachelor’s degree or higher related to the field of the license sought;</text> </paragraph> <paragraph num="(ii)"> <text>Bachelor's degree or higher in any field and a minimum of 24 semester hours of content coursework related to the license sought, which may be completed in-person, virtually, synchronously, and/or asynchronously; or</text> </paragraph> <paragraph num="(iii)"> <text>Bachelor's degree or higher in any field and passing scores as established by the State Superintendent of Schools on a content licensure test approved by the State Board of Education</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Completion of a Maryland induction program under COMAR 13A.07.01 that includes:</text> <paragraph num="(i)"> <text>On-site supervision and coaching;</text> </paragraph> <paragraph num="(ii)"> <text>Ongoing instructional mentoring during the induction; and</text> </paragraph> <paragraph num="(iii)"> <text>An effective, or comparable, rating on a summative evaluation of teaching performance at the end of the induction period.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Completion of a Department-approved sequence of pedagogical coursework, which may be completed in-person, virtually, synchronously, and/or asynchronously, as follows:</text> <paragraph num="(i)"> <text>The teaching candidate shall ensure that this sequence of coursework is aligned to the Interstate Teacher Assessment and Support Consortium standards; and</text> </paragraph> <paragraph num="(ii)"> <text>The district and coursework provider shall agree to a memorandum of understanding.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Attestation from the district training program supervisor, or designee, school principal, and coursework provider, that the candidate is prepared for licensure.</text> </paragraph> <paragraph num="(f)"> <text>Special Provisions. Candidates seeking licensure in the areas of elementary education, early childhood education, special education, and English to Speakers of Other Languages, shall complete additional requirements, as follows:</text> <paragraph num="(i)"> <text>Candidates who fulfill §A(2)(b)(i) or (ii) of this regulation shall present 6 semester hours of coursework in each of the content areas of English, mathematics, science, and social studies; or</text> </paragraph> <paragraph num="(ii)"> <text>Candidates who fulfill §A(2)(b)(iii) of this regulation shall submit passing scores on an approved elementary assessment that includes subtests in the content areas of English, mathematics, science, and social studies, each of which equals 6 semester hours of credit in that content area; and</text> </paragraph> <paragraph num="(iii)"> <text>Passing score on a reading instruction test, approved by the State Board of Education, or provide attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Experienced Nonpublic School Teacher. Experienced teacher candidates working in Maryland nonpublic schools approved under COMAR 13A.09.09 shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher related to the field of the license sought;</text> </paragraph> <paragraph num="(b)"> <text>Verification of 5 years of effective teaching experience in the field and at the grade level of the license sought at a Maryland nonpublic school approved under COMAR 13A.09.09;</text> </paragraph> <paragraph num="(c)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>An effective, or comparable, rating on a year-end evaluation if the individual is employed by a Maryland local school system, State-operated school, or approved nonpublic school approved under COMAR 13A.09.10;</text> </paragraph> <paragraph num="(iii)"> <text>Complete a comprehensive induction program under §B(2) of this regulation if the individual is employed by a Maryland local school system; or</text> </paragraph> <paragraph num="(iv)"> <text>Hold a National Board Certificate from the National Board for Professional Teaching Standards; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Special Provision. Candidates seeking licensure in the areas of elementary education, early childhood education, special education, and English to Speakers of Other Languages, shall submit of a passing score on a reading instruction test, approved by the State Board of Education, or provide attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Out-of-State Teacher Preparation Program. Teacher candidates who complete a teacher preparation program in another state or foreign country shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher, or a U.S. equivalent of a foreign degree;</text> </paragraph> <paragraph num="(b)"> <text>Complete a teacher preparation program, to include a clinical internship, approved to lead to licensure in another state or foreign country, in the license area being sought;</text> </paragraph> <paragraph num="(c)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>An effective, or comparable, rating on a year-end evaluation if the individual is employed by a Maryland local school system, State-operated school, or approved nonpublic school approved under COMAR 13A.09.10;</text> </paragraph> <paragraph num="(iii)"> <text>Complete a comprehensive induction program under §B(2) of this regulation if the individual is employed by a Maryland local school system; or</text> </paragraph> <paragraph num="(iv)"> <text>Hold a National Board Certificate from the National Board for Professional Teaching Standards; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Special Provision. Candidates seeking licensure in the areas of elementary education, early childhood education, special education, and English to Speakers of Other Languages, shall submit a passing score on a reading instruction test, approved by the State Board of Education, or attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Out-of-State License. Teacher candidates who hold a valid professional license/certificate from another state or foreign country shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher, or a U.S. equivalent for a foreign degree;</text> </paragraph> <paragraph num="(b)"> <text>Valid, professional license or certificate from another state or foreign country in the license area being sought;</text> </paragraph> <paragraph num="(c)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Passing score as established by the State Superintendent of Schools on a portfolio-based performance assessment approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>An effective, or comparable, rating on a year-end evaluation if the individual is employed by a Maryland local school system, State-operated school, or approved nonpublic school approved under COMAR 13A.09.10;</text> </paragraph> <paragraph num="(iii)"> <text>Complete a comprehensive induction program under §B(2) of this regulation if the individual is employed by a Maryland local school system; or</text> </paragraph> <paragraph num="(iv)"> <text>Hold a National Board Certificate from the National Board for Professional Teaching Standards; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Special Provision. Candidates seeking licensure in the areas of elementary education, early childhood education, special education, and English to Speakers of Other Languages, shall submit a passing score on a reading instruction test, approved by the State Board of Education, or provide an attestation of proficiency through observation completed by a Department-recognized assessor using a Department-provided observation tool.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>National Board Certificate. Teacher candidates who hold a National Board Certificate shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher; and</text> </paragraph> <paragraph num="(b)"> <text>National Board Certificate issued from the National Board for Professional Teaching Standards, for which a comparable Maryland license exists.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Fine Arts Transcript Analysis. Individuals with content expertise in the areas of art, dance, music, or theater shall:</text> <paragraph num="(a)"> <text>Obtain a bachelor’s degree or higher in the fine arts content area being sought;</text> </paragraph> <paragraph num="(b)"> <text>Obtain a bachelor’s degree or higher in a fine arts area related to the area of licensure being sought, and 3 years of satisfactory content-related occupational experience, which may include satisfactory post-secondary teaching experience; or</text> </paragraph> <paragraph num="(c)"> <text>Obtain a bachelor’s degree or higher in any field with:</text> <paragraph num="(i)"> <text>At least 24 semester hours of content coursework in the fine arts license area sought; or</text> </paragraph> <paragraph num="(ii)"> <text>A passing score as established by the State Superintendent of Schools on a content assessment approved by the State Board of Education and 3 years of content-related occupational experience, which may include satisfactory post-secondary teaching experience in the area to be taught;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Complete 21 semester hours of credits of professional education coursework from an institution of higher education or through Department-approved continuing professional development credits, to include 3 credits for each of the following:</text> <paragraph num="(i)"> <text>Methods of teaching;</text> </paragraph> <paragraph num="(ii)"> <text>Introduction to special education;</text> </paragraph> <paragraph num="(iii)"> <text>Human growth and development;</text> </paragraph> <paragraph num="(iv)"> <text>Assessment;</text> </paragraph> <paragraph num="(v)"> <text>Literacy in the content area;</text> </paragraph> <paragraph num="(vi)"> <text>Culturally responsive teaching/multicultural education/strategies for multilingual learners; and</text> </paragraph> <paragraph num="(vii)"> <text>Classroom management; and</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Obtain a passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Obtain effective, or comparable, ratings on two, year-end evaluations if the individual is employed by a Maryland local school system, State-operated school, or approved nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(iii)"> <text>Complete a comprehensive induction program under §B(2) of this regulation if the individual is employed by a Maryland local school system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>Secondary Content Transcript Analysis. To earn a 7-12 grade band license, individuals with secondary content expertise shall meet the following requirements:</text> <paragraph num="(a)"> <text>Obtain a bachelor’s degree or higher:</text> <paragraph num="(i)"> <text>In the content area being sought;</text> </paragraph> <paragraph num="(ii)"> <text>In any field with a minimum of 24 semester hours of content coursework in the area of license sought;</text> </paragraph> <paragraph num="(iii)"> <text>In any field with 3 years of content-related occupational experience and a passing score as established by the State Superintendent of Schools on a content assessment approved by the State Board of Education; or</text> </paragraph> <paragraph num="(iv)"> <text>In any field with 3 years of experience teaching at an accredited institution of higher education in the content area sought; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Complete 21 semester hours of credits of professional education coursework from an institution of higher education or through Department-approved continuing professional development credits, to include 3 credits for each of the following:</text> <paragraph num="(i)"> <text>Methods of teaching;</text> </paragraph> <paragraph num="(ii)"> <text>Introduction to special education;</text> </paragraph> <paragraph num="(iii)"> <text>Human growth and development;</text> </paragraph> <paragraph num="(iv)"> <text>Assessment;</text> </paragraph> <paragraph num="(v)"> <text>Literacy in the content area;</text> </paragraph> <paragraph num="(vi)"> <text>Culturally responsive teaching/multicultural education/strategies for multilingual Learners; and</text> </paragraph> <paragraph num="(vii)"> <text>Classroom management; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Meet one of the following qualifications:</text> <paragraph num="(i)"> <text>Obtain a passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Obtain effective, or comparable, ratings on two, year-end evaluations if the individual is employed by a Maryland local school system, State-operated school, or approved nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(iii)"> <text>Complete a comprehensive induction program under § B(2) of this regulation if the individual is employed by a Maryland local school system.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Special Provisions.</text> <paragraph num="(1)"> <text>The Department shall evaluate credits from institutions in other countries for comparability of degree and coursework by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is final.</text> </paragraph> <paragraph num="(2)"> <text>Comprehensive Induction Program. A comprehensive induction program shall:</text> <paragraph num="(a)"> <text>Be developed by a local school system, either independently or collaboratively with other local school systems;</text> </paragraph> <paragraph num="(b)"> <text>Be approved by the Department;</text> </paragraph> <paragraph num="(c)"> <text>Last the lesser of 3 years or the amount of time a teacher holds a conditional license; and</text> </paragraph> <paragraph num="(d)"> <text>Include a locally developed portfolio component that is aligned with the Interstate Teacher Assessment and Support Consortium Standards.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Renewal and Advancement of a Teacher License."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>An applicant who holds a license is responsible for initiating the renewal of the license.</text> </paragraph> <paragraph num="(2)"> <text>An applicant shall ensure renewal requirements are received before the expiration date of the license to be considered continuous.</text> </paragraph> <paragraph num="(3)"> <text>Failure to Meet Requirements. Failure to meet the requirements of this section results in nonrenewal of the license.</text> </paragraph> <paragraph num="(4)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License under Regulation .02A of this chapter for an employee who fails to meet the renewal requirements of the Initial Professional, Professional, or Advanced Professional license.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional license may be renewed for successive 5-year terms on the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .06 of this chapter based on an individual professional development plan as set forth in Regulation .05 of this chapter that is designed to improve teaching and student learning and that is approved, if required, by the educator’s supervisor.</text> </paragraph> <paragraph num="C."> <text>Application Process.</text> <paragraph num="(1)"> <text>Renewal. An educator may renew their existing Initial Professional, Professional, or Advanced Professional License by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>A statement, signed under the penalty of perjury, that the applicant has completed all requirements for licensure renewal, including the requisite number of Professional Development Points under an Individual Professional Development Plan; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Advancement. An educator may request advancement to a new level of licensure by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Supporting documentation demonstrating the applicant has met the requirements for the new level of licensure; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All documentation submitted is subject to audit by the Department, and the educator shall provide additional documentation to the Department on request.</text> </paragraph> <paragraph num="(4)"> <text>Individuals employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may submit documentation directly to the employer.</text> </paragraph> <paragraph num="(5)"> <text>Individuals who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Individual Professional Development Plans."> <paragraph num="A."> <text>Individual Professional Development Plans.</text> <paragraph num="(1)"> <text>An educator shall have an individual professional development plan in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to the educator.</text> </paragraph> <paragraph num="(2)"> <text>An educator shall ensure this individual professional development plan includes a minimum of 90 professional development points as set forth in Regulation .06 of this chapter, to renew the educator’s License.</text> </paragraph> <paragraph num="(3)"> <text>Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval of an Individual Professional Development Plan.</text> <paragraph num="(1)"> <text>Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.</text> </paragraph> <paragraph num="(2)"> <text>The educator’s supervisor, or an appropriate designee, shall approve proposed individual professional development.</text> </paragraph> <paragraph num="(3)"> <text>Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.</text> </paragraph> <paragraph num="(4)"> <text>Supervisor Review.</text> <paragraph num="(a)"> <text>A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, but the Department shall approve any professional development points that were earned consistently with an approved plan in the application for license renewal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Signatures.</text> <paragraph num="(a)"> <text>Before applying to renew an Initial Professional, Professional, and Advanced Professional license, educators shall obtain a signature from a current supervisor.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor’s signature shall indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.</text> </paragraph> <paragraph num="(c)"> <text>The educator remains responsible for the final accounting of professional development points applied towards license renewal.</text> </paragraph> <paragraph num="(d)"> <text>An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Approval of an individual professional development plan may not be unreasonably withheld by a supervisor.</text> </paragraph> <paragraph num="(7)"> <text>If a plan is rejected by a supervisor, an educator may seek review of the denial from:</text> <paragraph num="(a)"> <text>The superintendent of schools, or designee, if employed with a local school system;</text> </paragraph> <paragraph num="(b)"> <text>The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(c)"> <text>The Executive Director, or comparable position, if employed with a State-operated school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Professional Development Points."> <paragraph num="A."> <text>Professional Development Point (PDP). The Department shall measure professional development activities as follows:</text> <paragraph num="(1)"> <text>1 clock hour is equivalent to one PDP.</text> </paragraph> <paragraph num="(2)"> <text>1 semester hour is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(3)"> <text>One Department-approved continuing professional development credit is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(4)"> <text>One continuing education unit is equivalent to ten PDPs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Educators applying to renew an Initial Professional, Professional, or Advanced Professional License shall complete a minimum of 90 PDPs that shall include:</text> <paragraph num="(1)"> <text>Content or pedagogy related to an area on the educator’s license;</text> </paragraph> <paragraph num="(2)"> <text>English as a Second Language, Sheltered English, or Bilingual Education;</text> </paragraph> <paragraph num="(3)"> <text>Strategies for teaching students with disabilities, or differentiated instruction for students with diverse learning needs; and</text> </paragraph> <paragraph num="(4)"> <text>Culturally Responsive Teaching or diverse student identities in education.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Requirements for Specific Licensure Areas.</text> <paragraph num="(1)"> <text>Blind/Visually Impaired. Teachers who hold a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.</text> </paragraph> <paragraph num="(2)"> <text>School Counselor. An educator who is licensed as a School Counselor shall present 1 semester hour of coursework from an institution of higher education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:</text> <paragraph num="(a)"> <text>Depression;</text> </paragraph> <paragraph num="(b)"> <text>Trauma;</text> </paragraph> <paragraph num="(c)"> <text>Violence;</text> </paragraph> <paragraph num="(d)"> <text>Youth suicide;</text> </paragraph> <paragraph num="(e)"> <text>Substance abuse; and</text> </paragraph> <paragraph num="(f)"> <text>The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Administrator. If an educator is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and assigned in an administrator or supervisor position, the educator shall submit PDPs which include:</text> <paragraph num="(a)"> <text>Strategies for increasing teacher retention; and</text> </paragraph> <paragraph num="(b)"> <text>Strategies for developing and facilitating teacher leadership.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Special Provision. Beginning on July 1, 2025, all teachers employed in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 in a position that requires a license in early childhood education, elementary education, special education, or English to Speakers of Other Languages shall demonstrate proficiency in the knowledge and practices of scientific reading instruction, to include phonemic awareness, phonics, fluency, vocabulary, and comprehension, as follows:</text> <paragraph num="(1)"> <text>Demonstration of proficiency may be satisfied by submitting one of the following:</text> <paragraph num="(a)"> <text>A passing score on a reading instruction test approved by the State Board of Education;</text> </paragraph> <paragraph num="(b)"> <text>Completion of coursework or professional learning approved by the Department;</text> </paragraph> <paragraph num="(c)"> <text>Submission of attestation of proficiency through observation completed by a Department-recognized assessor; or</text> </paragraph> <paragraph num="(d)"> <text>Completion of training provided by the Department in the science of reading for the purpose of fulfilling the requirements of renewal.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A license holder required to demonstrate proficiency in the knowledge and practices of scientific reading instruction shall present the requirements in §D(1) of this regulation when renewing a license, as follows:</text> <paragraph num="(a)"> <text>The license holder may submit verification of enrollment in §D(1)(b) or (d) of this regulation to satisfy the terms of renewal.</text> </paragraph> <paragraph num="(b)"> <text>The license holder shall present documentation demonstrating completion of §D(1)(b) or (d) of this regulation by the subsequent renewal.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A license holder is considered proficient in the knowledge and practices of scientific reading instruction when the requirements of this section have been submitted.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall ensure this license indicates that a license holder is proficient in the knowledge and practices of scientific reading instruction.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Professional development points may be accrued by the completion of one of more of the following:</text> <paragraph num="(1)"> <text>College credit earned or taught at an accredited institution of higher education.</text> </paragraph> <paragraph num="(2)"> <text>Continuing professional development (CPD) credits, earned or taught, approved by the Department.</text> </paragraph> <paragraph num="(3)"> <text>Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.</text> </paragraph> <paragraph num="(4)"> <text>Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.</text> </paragraph> <paragraph num="(5)"> <text>Curriculum Development.</text> <paragraph num="(a)"> <text>Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.</text> </paragraph> <paragraph num="(b)"> <text>This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.</text> </paragraph> <paragraph num="(c)"> <text>For each curriculum developed, the Department shall award the educator up to 30 PDPs.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Publication of a Book or Article.</text> <paragraph num="(a)"> <text>The license holder shall ensure that the book or article contributes to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.</text> </paragraph> <paragraph num="(b)"> <text>The educator shall ensure that an article is published in a recognized professional journal.</text> </paragraph> <paragraph num="(c)"> <text>The educator shall ensure that books are published for purchase.</text> </paragraph> <paragraph num="(d)"> <text>For each book published, the Department shall award the educator up to 75 PDPs. For each article published, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Mentorship.</text> <paragraph num="(a)"> <text>Mentoring is the process by which an experienced professional who has received mentorship training helps one or more individuals to improve their performance.</text> </paragraph> <paragraph num="(b)"> <text>Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.</text> </paragraph> <paragraph num="(c)"> <text>Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Micro-Credentials.</text> <paragraph num="(a)"> <text>Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.</text> </paragraph> <paragraph num="(b)"> <text>Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.</text> </paragraph> <paragraph num="(c)"> <text>Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.</text> </paragraph> <paragraph num="(d)"> <text>For each micro-credential earned, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Professional Development Activity.</text> <paragraph num="(a)"> <text>The Department shall accept professional development activities approved by the Department, Maryland local school system, State Agency, a Maryland approved nonpublic school, or another state department of education.</text> </paragraph> <paragraph num="(b)"> <text>The license holder shall ensure that each activity is a minimum of 1 contact hour.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate when subsequently renewing a Maryland Educator License as a substitute for §B of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Teaching Endorsements."> <paragraph num="A."> <text>An individual who meets the qualification for initial licensure under Regulation .03 of this chapter may add an additional teaching endorsement by submitting documentation demonstrating that the applicant has obtained:</text> <paragraph num="(1)"> <text>A qualifying score, as established by the State Superintendent of Schools, on the content-specific test(s) approved by the State Board of Education; or</text> </paragraph> <paragraph num="(2)"> <text>Twenty-four content credits as follows:</text> <paragraph num="(a)"> <text>For elementary or early childhood education, 24 credits distributed across the four content areas of English, social studies, math, and science, with at least 6 credits in each content area;</text> </paragraph> <paragraph num="(b)"> <text>For secondary, middle school, pre-kindergarten—12 education, 24 credits, at least 12 of which are in the area for which the new licensure is sought and 12 of which are in content-related areas; or</text> </paragraph> <paragraph num="(c)"> <text>For special education, 24 credits, at least 12 of which are in the age-appropriate area of special education and 12 of which are in related areas or researched-based literacy instruction aligned to the science of reading.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Special Provisions.</text> <paragraph num="(1)"> <text>To receive an endorsement in Elementary Education, Early Childhood Education, English for Speakers of Other Languages, and Special Education, an educator shall qualify under §A of this regulation and demonstrate proficiency in the knowledge and practices in scientific reading instruction, to include phonemic awareness, phonics, fluency, vocabulary, and comprehension, by:</text> <paragraph num="(a)"> <text>Submitting a passing score on a reading instruction test, approved by the State Board of Education;</text> </paragraph> <paragraph num="(b)"> <text>Completion of coursework or professional learning approved by the Department, and provided by a Department-recognized partner approved to deliver instruction in the science of reading;</text> </paragraph> <paragraph num="(c)"> <text>Submission of attestation of proficiency through observation completed by a Department-recognized assessor; or</text> </paragraph> <paragraph num="(d)"> <text>Completion of training provided by the Department in the science of reading for the purpose of fulfilling the requirements of renewal.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>To receive an endorsement in Deaf and Hard of Hearing or Blind/Visually Impaired, an educator shall meet the requirements for initial licensure under Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Certain areas of licensure require that the educator hold an existing teacher license and shall only be added as an endorsement, as follows:</text> <paragraph num="(1)"> <text>Mathematics Instructional Leader Grades Pre-Kindergarten—6. To add Mathematics Instructional Leader, grades pre-kindergarten—6, an applicant shall:</text> <paragraph num="(a)"> <text>Hold a valid, professional license;</text> </paragraph> <paragraph num="(b)"> <text>Complete a minimum of 18 semester hours of post-baccalaureate credit, or Department-approved continuing professional development credits, which include the following areas:</text> <paragraph num="(i)"> <text>Content knowledge for teaching mathematics, including numbers and operations, algebra and functions, geometry and measurement, and data analysis and probability;</text> </paragraph> <paragraph num="(ii)"> <text>Pedagogical knowledge for teaching mathematics, including learners and learning, teaching, curriculum, and assessment;</text> </paragraph> <paragraph num="(iii)"> <text>Leadership knowledge and skills; and</text> </paragraph> <paragraph num="(iv)"> <text>At least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the applicant works with a range of students in grades pre-kindergarten—6 and adult learners in a variety of professional development settings; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Present verification of 27 months of satisfactory teaching experience including mathematics.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Mathematics Instructional Leader Grades 4—9. To add Mathematics Instructional Leader, grades 4—9, an applicant shall:</text> <paragraph num="(a)"> <text>Hold a valid, professional license in Middle School Mathematics;</text> </paragraph> <paragraph num="(b)"> <text>Complete a minimum of 21 semester hours of post-baccalaureate credit, or Department-approved continuing professional development credits, which include the following areas:</text> <paragraph num="(i)"> <text>Content knowledge for teaching mathematics, including number and operations, algebra and functions, geometry and measurement, data analysis and probability, calculus, and discrete mathematics;</text> </paragraph> <paragraph num="(ii)"> <text>Pedagogical knowledge for teaching mathematics, including learners and learning, teaching, curriculum, and assessment;</text> </paragraph> <paragraph num="(iii)"> <text>Leadership knowledge and skills; and</text> </paragraph> <paragraph num="(iv)"> <text>At least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the candidate works with a range of students in grades 4—9 and adult learners in a variety of professional development settings; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Present verification of 27 months of satisfactory teaching experience including mathematics.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Instructional Leader: STEM Grades Pre-Kindergarten—6. To add Instructional Leader: STEM, grades pre-kindergarten—6, an applicant shall:</text> <paragraph num="(a)"> <text>Hold a valid, professional license in early childhood education or elementary education;</text> </paragraph> <paragraph num="(b)"> <text>Complete a minimum of 12 semester hours of post-baccalaureate credit or Department-approved continuing professional development credits, to include the following:</text> <paragraph num="(i)"> <text>12 semester hours in STEM education which integrates a balance of authentic problem-based and project-based learning;</text> </paragraph> <paragraph num="(ii)"> <text>Essential skills including questioning, spatial reasoning, communication, critical thinking, and problem solving;</text> </paragraph> <paragraph num="(iii)"> <text>Engineering design process;</text> </paragraph> <paragraph num="(iv)"> <text>Application of scientific practices and content;</text> </paragraph> <paragraph num="(v)"> <text>Application of mathematical practices and content;</text> </paragraph> <paragraph num="(vi)"> <text>Technology literacy; and</text> </paragraph> <paragraph num="(vii)"> <text>Collaborative learning;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Complete 3 semester hours or the equivalent in leadership knowledge and skills in providing professional learning in a school/district setting;</text> </paragraph> <paragraph num="(d)"> <text>Complete at least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the applicant works with a range of students in grades pre-kindergarten—6 and adult learners in a variety of professional development settings; and</text> </paragraph> <paragraph num="(e)"> <text>Present verification of 27 months of satisfactory teaching experience.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Severe and Profound Disabilities. To add a Severe and Profound Disabilities endorsement, an educator shall meet the following requirements:</text> <paragraph num="(a)"> <text>Special Education Licensure. The applicant shall meet the requirements for licensure in generic special education at any age/grade level; and</text> </paragraph> <paragraph num="(b)"> <text>Content and Professional Education Courses. The applicant shall have:</text> <paragraph num="(i)"> <text>3 semester hours in human growth and development emphasizing knowledge of the developmental characteristics (physical, biological, cognitive—learning, and social/emotional) of students with severe and profound disabilities;</text> </paragraph> <paragraph num="(ii)"> <text>6 semester hours in assessment, diagnosis, and prescriptive techniques emphasizing specialized knowledge, interpretation and application of appropriate assessment, diagnostic and prescriptive methods to evaluate and develop programs geared toward the individualized needs of students with severe and profound disabilities;</text> </paragraph> <paragraph num="(iii)"> <text>6 semester hours in curriculum and instructional methods emphasizing specialized strategies, techniques, materials, and adaptations appropriate to the instruction of students with severe and profound disabilities; and</text> </paragraph> <paragraph num="(iv)"> <text>6 semester hours in practicum with students with severe and profound disabilities or 2 years of successful teaching experience with students with severe and profound disabilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Work-Based Learning Coordinator Grades 7-12. To add Work-Based Learning Coordinator, an educator shall meet the following requirements:</text> <paragraph num="(a)"> <text>Hold a professional license in a secondary teaching area or pre-kindergarten—12 teaching area;</text> </paragraph> <paragraph num="(b)"> <text>Complete 6 semester hours of content coursework taken at an accredited institution of higher education or through CPDs, with a minimum of 3 semester hours in each of the following content areas:</text> <paragraph num="(i)"> <text>Organizing, coordinating, and marketing of work-based learning programs; and</text> </paragraph> <paragraph num="(ii)"> <text>Instructional management and curriculum development for work-based learning programs; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Complete a work experience requirement through any of the following:</text> <paragraph num="(i)"> <text>Documented evidence of employment equivalent to a minimum of 1,000 hours of satisfactory, wage-earning, nonteaching occupational experience;</text> </paragraph> <paragraph num="(ii)"> <text>Documented evidence of employment equivalent to a minimum of 1,000 hours that shall include 500 hours of satisfactory, wage-earning, nonteaching occupational experience and 500 hours of self-employment;</text> </paragraph> <paragraph num="(iii)"> <text>Participating in a supervised and approved teacher externship experience of at least 150 hours, to include all aspects of the industry in accordance with the local school system guidelines for work-based learning coordinator externships at a work site approved by the local school system; or</text> </paragraph> <paragraph num="(iv)"> <text>Complete 3 semester hours of content coursework in contemporary workplace practices taken at an accredited institution of higher education or through CPDs that includes site visits to business and industry settings and exposure to all aspects of the industry.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>All work experience under §C(5)(c) of this regulation shall have occurred within 10 years of the educator’s request to add the endorsement.</text> <paragraph num="(a)"> <text>The educator shall submit verification of occupational experience in the form of a notarized letter by former employers, listing specific job titles, duties performed, dates of employment, and hours worked.</text> </paragraph> <paragraph num="(b)"> <text>The educator shall verify self-employment by license or by submitting tax forms.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Assignment."> <paragraph num="A."> <text>License Required for Major Assignment. Each teacher employed in Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall hold an Initial, Professional, or Advanced Professional license in the teacher’s area of major assignment.</text> </paragraph> <paragraph num="B."> <text>Assignment to More Than Two Classes Outside Area of Licensure.</text> <paragraph num="(1)"> <text>A teacher should not be assigned to teach more than two classes outside the teacher’s area of licensure.</text> </paragraph> <paragraph num="(2)"> <text>If a school finds it necessary to assign a teacher to more than two classes unrelated to the teacher’s area of licensure, the teacher shall provide documentation verifying competence teaching in the area for each consecutive year after the first year that a teacher is assigned. Competency may be demonstrated by:</text> <paragraph num="(a)"> <text>Submitting a minimum of 6 semester hours of content coursework in the area; or</text> </paragraph> <paragraph num="(b)"> <text>Submitting an effective, or comparable, end-of-year evaluation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Title I Schools.</text> <paragraph num="(a)"> <text>Title I schools shall notify parents that they can request specific information about a teacher’s qualifications.</text> </paragraph> <paragraph num="(b)"> <text>Title I schools shall notify parents and guardians of each student who is being taught by a teacher who is teaching an area unrelated to their licensure for four or more consecutive weeks.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Class means a period allocated for lessons during a school day.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Monitoring. The Department shall monitor the assignment practices of local school systems, State-operated schools, and nonpublic schools approved under COMAR 13A.09.10 on a periodic basis.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">For a history of certification requirements before January 1, 1989, see the Administrative History for COMAR 13A.07.01.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06, .08—.13, and .15—.48 adopted effective January 1, 1989 (15:26 Md. R. 2986)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03, .05-1, .05-2, .05-3, .42, and .44 repealed effective October 30, 1989 (16:21 Md. R. 2262)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03, .03-1, .05, .05-1, .05-2, .05-3, .42, .42-1, .44, and .44-1 adopted effective October 30, 1989 (16:21 Md. R. 2262)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06, .06-1, .09, .09-1, .16, .16-1, .18, .18-1, .20, .21, .21-1, .21-2, .31, .31-1, .32, .32-1, .34, .34-1, .34-2, .34-3, .38, .38-1, .39, and .39-1 amended effective October 30, 1989 (16:21 Md. R. 2262)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 and .14 adopted effective April 3, 1989 (16:6 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07, .13, .28, and .30 amended and recodified to Regulations .07-1, .13-1, .28-1, .30-1, respectively; new Regulations .07, .13, .28, and .30 adopted effective October 15, 1990 (17:20 Md. R. 2430)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective July 9, 1990 (17:13 Md. R. 1613)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 repealed, and new Regulations .11 and .11-1 adopted effective December 25, 1989 (16:25 Md. R. 2713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective August 31, 1992 (19:17 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2430)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective May 11, 1992 (19:9 Md. R. 880)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective May 11, 1992 (19:9 Md. R. 880)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 repealed, and new Regulations .23 and .23-1 adopted effective July 9, 1990 (17:13 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31 amended effective August 31, 1992 (19:17 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37 adopted effective October 16, 1989 (16:20 Md. R. 2183)</annotation> <annotation type="History" subtype="Administrative History">Regulations .37-1—.37-3 repealed, and new Regulations .37-1—.37-3 adopted effective October 16, 1989 (16:20 Md. R. 2183)</annotation> <annotation type="History" subtype="Administrative History">Regulation .43C amended effective May 13, 1991 (18:9 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .46 adopted effective October 16, 1989 (16:20 Md. R. 2183)</annotation> <annotation type="History" subtype="Administrative History">Regulation .47 repealed and new Regulation .47 adopted effective July 1, 1994 (20:23 Md. R. 1805)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 15, 1994 (21:16 Md. R. 1388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11-1 repealed effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective September 12, 1994 (21:18 Md. R. 1512); September 23, 1996 (23:19 Md. R. 1376)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13-1 repealed effective September 12, 1994 (21:18 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15B, C amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17B, C amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27 amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27 repealed effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29 amended effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29B, C amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .30 amended effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33 amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .35B amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .40 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .40C amended effective September 23, 1996 (23:19 Md. R. 1376)</annotation> <annotation type="History" subtype="Administrative History">Regulation .43 amended effective September 7, 1998 (25:18 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .45 amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .45 repealed effective September 3, 2001 (28:17 Md. R. 1558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .48 amended and recodified as .48-1 and new Regulation .48 adopted effective November 20, 1994 (21:23 Md. R. 1935)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.48-1 repealed and new Regulations .01—.23 adopted effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 30, 2007 (34:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective September 11, 2006 (33:18 Md. R. 1506)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective May 16, 2011 (38:10 Md. R. 615); May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09—.11 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 repealed effective March 9, 2009 (36:5 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15A amended effective July 3, 2017 (44:13 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective May 16, 2011 (38:10 Md. R. 615)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16B amended effective July 3, 2017 (44:13 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17A amended effective May 16, 2011 (38:10 Md. R. 615); May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective March 9, 2009 (36:5 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19C amended effective July 30, 2007 (34:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective October 23, 2017 (44:21 Md. R. 984)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective December 9, 2004 (31:24 Md. R. 1728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective July 7, 2014 (41:13 Md. R. 753)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23D amended effective June 17, 2019 (46:12 Md. R. 547)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 adopted effective March 22, 2010 (37:6 Md. R. 480)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 adopted effective October 4, 2010 (37:20 Md. R. 1395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 adopted effective October 4, 2010 (37:20 Md. R. 1395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27 adopted effective March 5, 2012 (39:4 Md. R. 338)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 adopted effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29 adopted effective July 7, 2014 (41:13 Md. R. 753)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.29 repealed under Subtitle 12 Certification Chapter 02 Teachers and new Regulations .01—.08 adopted under Subtitle 12 Educator Licensure Chapter 02 Teachers effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 220); March 2, 2026 (53:4 Md. R. 186)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> <chapter num="03" heading="Professional and Technical Education and Specialized Areas for Fine Arts"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>Professional and Technical Education and Specialized Areas for Fine Arts teachers shall meet the requirements for a license under Regulation .02 of this chapter.</text> </paragraph> <paragraph num="B."> <text>A Professional and Technical Education or Specialized Areas for Fine Arts license shall only be used for instruction in a specialized program or at a specialized school.</text> </paragraph> <paragraph num="C."> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall request an initial Professional and Technical Education or Specialized Areas for Fine Arts license.</text> </paragraph> <paragraph num="D."> <text>An individual licensed in Professional and Technical Education or Specialized Areas for Fine Arts who is no longer employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request the renewal of that license directly from the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Licenses and Pathways for Professional and Technical Education and Specialized Areas for Fine Arts."> <paragraph num="A."> <text>Types of Professional and Technical Education and Specialized Areas for Fine Arts Licenses.</text> <paragraph num="(1)"> <text>Temporary Professional.</text> <paragraph num="(a)"> <text>The Temporary Professional License is valid for 2 years and may not be renewed.</text> </paragraph> <paragraph num="(b)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for an applicant who does not meet the renewal requirements of a professional license.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Initial Professional.</text> <paragraph num="(a)"> <text>The Initial Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and has met the requirements of one of the pathways to licensure under §C of this regulation is eligible for an Initial Professional License.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Professional.</text> <paragraph num="(a)"> <text>The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and has met one of the pathways to licensure under §C of this regulation is eligible for a Professional License if the applicant submits documentation:</text> <paragraph num="(i)"> <text>Demonstrating completion of a Maryland induction program under COMAR 13A.07.01; or</text> </paragraph> <paragraph num="(ii)"> <text>Verifying3 years of effective teaching performance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Advanced Professional.</text> <paragraph num="(a)"> <text>The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under §B of this regulation is eligible for an Advanced Professional Teacher License if the applicant meets the requirements for the Professional License under §A(3) of this regulation and submits documentation demonstrating that the applicant has:</text> <paragraph num="(i)"> <text>A master’s degree or higher;</text> </paragraph> <paragraph num="(ii)"> <text>At least 30 semester hours of post baccalaureate credit; or</text> </paragraph> <paragraph num="(iii)"> <text>A National Board Certificate issued by the National Board for Professional Teaching Standards.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>An applicant for the Advanced Professional License in a Professional Technical Education/Specialized Area of Fine Arts area who does not possess a bachelor’s degree shall complete a planned program of 30 semester hours of credit, or submit a National Board Certificate issued by the National Board for Professional Teaching Standards.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Conditional.</text> <paragraph num="(a)"> <text>A conditional license is valid for 5 years and may not be renewed.</text> </paragraph> <paragraph num="(b)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a conditional license if:</text> <paragraph num="(i)"> <text>The school cannot fill a position with an individual who qualifies for a license under §A(1)—(4) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>The individual presents verification of 3 years of occupational experience in the career area to be taught as defined in §C(5)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>An applicant who is issued a conditional license shall pursue a pathway to professional licensure under §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Adjunct Teacher.</text> <paragraph num="(a)"> <text>The Department may issue an adjunct license on the request of a local school system superintendent or an education director of a nonpublic school approved under COMAR 13A.09.10.</text> </paragraph> <paragraph num="(b)"> <text>The request for adjunct license shall include:</text> <paragraph num="(i)"> <text>The name and credentials of the individual;</text> </paragraph> <paragraph num="(ii)"> <text>The course name and content to be taught; and</text> </paragraph> <paragraph num="(iii)"> <text>An explanation as to why the position cannot be filled by a qualified license holder.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The adjunct license is nontransferable between local school systems.</text> </paragraph> <paragraph num="(d)"> <text>A local school system or nonpublic school may not employ an individual who holds an adjunct license as a full-time employee.</text> </paragraph> <paragraph num="(e)"> <text>An applicant for an adjunct license shall:</text> <paragraph num="(i)"> <text>Hold a high school diploma or its equivalent;</text> </paragraph> <paragraph num="(ii)"> <text>Hold an industry license, when applicable for the profession; and</text> </paragraph> <paragraph num="(iii)"> <text>Have 5 years of satisfactory occupational experience in the field to be taught.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The employing local school system or nonpublic school shall provide an individual who is issued an adjunct license the following:</text> <paragraph num="(i)"> <text>A professionally licensed mentor;</text> </paragraph> <paragraph num="(ii)"> <text>Side-by-side coaching or co-teaching with a professionally licensed teacher;</text> </paragraph> <paragraph num="(iii)"> <text>A minimum of 45 hours of professional development, with 30 hours delivered before entry to the classroom and the remainder to be delivered throughout the school year; and</text> </paragraph> <paragraph num="(iv)"> <text>Evaluations of the individual’s teaching effectiveness.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>The adjunct license issued in accordance with this regulation is valid for a 1-year period and may be renewed on the request of the local school system or nonpublic school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to holding an educator license, the applicant is governed by current licensure, certification, or registration regulations administered by professional organizations or legally constituted authorities in the State, in the career area to be taught, if applicable.</text> </paragraph> <paragraph num="C."> <text>Pathways to Professional and Technical Education/Specialized Areas for Fine Arts Licensure.</text> <paragraph num="(1)"> <text>Maryland Approved Program. Candidates who complete a Maryland approved educator preparation program as set forth in COMAR 13A.07.06 shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher; and</text> </paragraph> <paragraph num="(b)"> <text>Completion of an approved program as set forth in COMAR 13A.07.06.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Out-of-State Preparation Program. Candidates who complete a state-approved educator preparation program leading to licensure in that state shall meet the following requirements:</text> <paragraph num="(a)"> <text>Bachelor’s degree or higher; and</text> </paragraph> <paragraph num="(b)"> <text>Complete a preparation program, including a clinical internship, approved to lead to professional and technical education licensure in another state, in the license area being sought.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Out-of-State License. Candidates who hold a valid or expired professional license/certificate in a professional and technical education area from another state or foreign country are eligible for a comparable Maryland license.</text> </paragraph> <paragraph num="(4)"> <text>National Board Certificate (Professional and Technical Education only). Candidates who hold a National Board Certificate in the area of Career and Technical Education are eligible for a comparable Advanced Professional License.</text> </paragraph> <paragraph num="(5)"> <text>Occupational Experience. Candidates with occupational experience in a Professional and Technical area or Specialized Area of Fine Arts shall meet the following requirements:</text> <paragraph num="(a)"> <text>Occupational Experience.</text> <paragraph num="(i)"> <text>Verification of 3 years of occupational experience in the area to be taught that may include satisfactory post-secondary teaching experience in the area to be taught; and/or satisfactory occupational employment.</text> </paragraph> <paragraph num="(ii)"> <text>The applicant may substitute a Department-accepted, current industry recognized credential for 1 year of the occupational experience requirement.</text> </paragraph> <paragraph num="(iii)"> <text>The applicant may substitute a bachelor’s or associate’s degree in the area to be taught for 1 year of the occupational experience requirement.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Completion of 12 credits of professional education coursework from an institution of higher education or through Department-approved continuing professional development credits to include the following topics:</text> <paragraph num="(i)"> <text>Planning, delivering, and assessing instruction;</text> </paragraph> <paragraph num="(ii)"> <text>Classroom management;</text> </paragraph> <paragraph num="(iii)"> <text>Differentiating Instruction to accommodate students with special needs; and</text> </paragraph> <paragraph num="(iv)"> <text>Teaching literacy in the content area.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Special Provision. The Department shall evaluate credits from institutions in other countries for comparability of degree and coursework through an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.</text> </paragraph> <paragraph num="E."> <text>Professional and Technical Education/Specialized Areas for Fine Arts Endorsements.</text> <paragraph num="(1)"> <text>An individual who holds a professional license under §A(1)—(4) of this regulation may add an additional Professional and Technical Education/Specialized Areas for Fine Arts endorsement by submitting documentation demonstrating that the individual has:</text> <paragraph num="(a)"> <text>Obtained a valid, Department-recognized industry credential in the area to be taught; or</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements for initial licensure under §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall request an additional Professional and Technical Education/Specialized Areas for Fine Arts endorsement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Renewal and Advancement of a Professional and Technical Education/Specialized Areas for Fine Arts License."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>An applicant who holds a license is responsible for initiating the renewal of the license.</text> </paragraph> <paragraph num="(2)"> <text>An applicant shall ensure renewal requirements are received before the expiration date of the license to be considered continuous.</text> </paragraph> <paragraph num="(3)"> <text>Failure to Meet Requirements. Failure to meet the requirements of this section results in nonrenewal of the license. A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License under Regulation .02A(2) of this chapter for an employee who fails to meet the renewal requirements of the Initial Professional, Professional, or Advanced Professional license.</text> </paragraph> <paragraph num="(4)"> <text>Advancement to a New License. An applicant may apply to advance to the next level of licensure by meeting the requirements under Regulation .02A of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional license may be renewed for successive 5-year terms on the successful completion of the requisite number of professional development points (PDPs), as set forth in Regulation .05 of this chapter, based on an individual professional development plan, as set forth in Regulation .04 of this chapter, that is designed to improve teaching and student learning and that is approved, if required, by the educator’s supervisor.</text> </paragraph> <paragraph num="C."> <text>Application Process.</text> <paragraph num="(1)"> <text>Renewal. An educator may renew their existing Initial Professional, Professional, or Advanced Professional License by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>A statement, signed under the penalty of perjury, that the applicant has completed all requirements for licensure renewal, including the requisite number of Professional Development Points under an Individual Professional Development Plan; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Advancement. An educator may request advancement to a new level of licensure by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Supporting documentation demonstrating the applicant has met the requirements for the new level of licensure; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All documentation submitted is subject to audit by the Department, and the educator shall provide additional documentation to the Department on request.</text> </paragraph> <paragraph num="(4)"> <text>Individuals employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may submit documentation directly to the employer.</text> </paragraph> <paragraph num="(5)"> <text>Individuals who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Individual Professional Development Plans — Professional and Technical Education/Specialized Areas for Fine Arts."> <paragraph num="A."> <text>Individual Professional Development Plans.</text> <paragraph num="(1)"> <text>An educator shall have an individual professional development plan in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to the educator.</text> </paragraph> <paragraph num="(2)"> <text>An individual professional development plan shall include a minimum of 90 professional development points, as set forth in Regulation .05 of this chapter, to renew the educator’s license.</text> </paragraph> <paragraph num="(3)"> <text>Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval of an Individual Professional Development Plan.</text> <paragraph num="(1)"> <text>Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.</text> </paragraph> <paragraph num="(2)"> <text>The educator’s supervisor, or an appropriate designee, shall approve proposed individual professional development plans.</text> </paragraph> <paragraph num="(3)"> <text>Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.</text> </paragraph> <paragraph num="(4)"> <text>Supervisor Review.</text> <paragraph num="(a)"> <text>A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, but the Department shall approve any professional development points that were earned consistently with an approved plan in the application for license renewal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Signatures.</text> <paragraph num="(a)"> <text>Before applying to renew an Initial Professional, Professional, or Advanced Professional license, educators shall obtain a signature from a current supervisor.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor’s signature shall indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.</text> </paragraph> <paragraph num="(c)"> <text>The educator remains responsible for the final accounting of professional development points applied towards license renewal.</text> </paragraph> <paragraph num="(d)"> <text>An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Approval of an individual professional development plan may not be unreasonably withheld by a supervisor.</text> </paragraph> <paragraph num="(7)"> <text>If a plan is rejected by a supervisor, an educator may seek review of the denial from:</text> <paragraph num="(a)"> <text>The superintendent of schools, or designee, if employed with a local school system;</text> </paragraph> <paragraph num="(b)"> <text>The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(c)"> <text>The Executive Director, or comparable position, if employed with a State-operated school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Professional Development Points- Professional and Technical Education/Specialized Areas for Fine Arts."> <paragraph num="A."> <text>Professional Development Point (PDP). The Department shall measure professional development activities as follows:</text> <paragraph num="(1)"> <text>1 clock hour is equivalent to one PDP.</text> </paragraph> <paragraph num="(2)"> <text>1 semester hour is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(3)"> <text>One Department-approved continuing professional development credit is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(4)"> <text>One continuing education unit is equivalent to ten PDPs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Educators applying to renew an Initial Professional, Professional, or Advanced Professional License shall complete a minimum of 90 PDPs that shall include:</text> <paragraph num="(1)"> <text>Content or pedagogy related to an area on the educator’s license;</text> </paragraph> <paragraph num="(2)"> <text>English as a Second Language, Sheltered English, or Bilingual Education;</text> </paragraph> <paragraph num="(3)"> <text>Strategies for teaching students with disabilities, or differentiated instruction for students with diverse learning needs; and</text> </paragraph> <paragraph num="(4)"> <text>Culturally Responsive Teaching or diverse student identities in education.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Requirements for Specific Licensure Areas.</text> <paragraph num="(1)"> <text>Blind/Visually Impaired. Teachers who hold a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.</text> </paragraph> <paragraph num="(2)"> <text>School Counselor. An educator who is licensed as a School Counselor shall present 1 semester hour of coursework from an institution of higher education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:</text> <paragraph num="(a)"> <text>Depression;</text> </paragraph> <paragraph num="(b)"> <text>Trauma;</text> </paragraph> <paragraph num="(c)"> <text>Violence;</text> </paragraph> <paragraph num="(d)"> <text>Youth suicide;</text> </paragraph> <paragraph num="(e)"> <text>Substance abuse; and</text> </paragraph> <paragraph num="(f)"> <text>The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Administrator. If an educator is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and assigned in an administrator or supervisor position, the educator shall submit PDPs which include:</text> <paragraph num="(a)"> <text>Strategies for increasing teacher retention; and</text> </paragraph> <paragraph num="(b)"> <text>Strategies for developing and facilitating teacher leadership.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Professional development points may be accrued by the completion of one of more of the following:</text> <paragraph num="(1)"> <text>College credit earned or taught at an accredited institution of higher education.</text> </paragraph> <paragraph num="(2)"> <text>Continuing professional development (CPD) credits, earned or taught, approved by the Department.</text> </paragraph> <paragraph num="(3)"> <text>Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.</text> </paragraph> <paragraph num="(4)"> <text>Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.</text> </paragraph> <paragraph num="(5)"> <text>Curriculum Development.</text> <paragraph num="(a)"> <text>Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.</text> </paragraph> <paragraph num="(b)"> <text>This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.</text> </paragraph> <paragraph num="(c)"> <text>For each curriculum developed, the Department shall award the educator up to 30 PDPs.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Publication of a Book or Article.</text> <paragraph num="(a)"> <text>The license holder shall ensure that the book or article contributes to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.</text> </paragraph> <paragraph num="(b)"> <text>The educator shall ensure that an article is published in a recognized professional journal.</text> </paragraph> <paragraph num="(c)"> <text>The educator shall ensure that books are published for purchase.</text> </paragraph> <paragraph num="(d)"> <text>For each book published, the Department shall award the educator up to 75 PDPs. For each article published, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Mentorship.</text> <paragraph num="(a)"> <text>Mentoring is the process by which an experienced professional who has received mentorship training helps one or more individuals to improve their performance.</text> </paragraph> <paragraph num="(b)"> <text>Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.</text> </paragraph> <paragraph num="(c)"> <text>Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Micro-Credentials.</text> <paragraph num="(a)"> <text>Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.</text> </paragraph> <paragraph num="(b)"> <text>Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.</text> </paragraph> <paragraph num="(c)"> <text>Micro-credentials can be earned by non-profit and for profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.</text> </paragraph> <paragraph num="(d)"> <text>For each micro-credential earned, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Professional Development Activity.</text> <paragraph num="(a)"> <text>The Department shall accept professional development activities approved by the Department, Maryland local school system, State Agency, a Maryland approved nonpublic school, or another state department of education.</text> </paragraph> <paragraph num="(b)"> <text>The license holder shall ensure that each activity is a minimum of 1 contact hour.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Occupational Experience.</text> <paragraph num="(a)"> <text>Occupational experience related to the career area being taught may be used to earn PDPs.</text> </paragraph> <paragraph num="(b)"> <text>For every 10 hours worked, the educator may earn 1 PDP.</text> </paragraph> <paragraph num="(c)"> <text>Occupational experience is limited to 15 PDPs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate when subsequently renewing a Maryland Educator License as a substitute for §B of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">For a history of certification requirements before January 1, 1989, see the Administrative History for COMAR 13A.07.01.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10, and .12 adopted effective January 1, 1989 (15:26 Md. R. 2994)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 6, 1995 (22:22 Md. R. 1670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 24, 1990 (17:25 Md. R. 2908)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03—.05 repealed and new Regulation .03 adopted effective August 6, 2001 (28:15 Md. R. 1399)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed and new Regulation .06 adopted effective August 14, 1995 (22:16 Md. R. 1222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective September 30, 1995 (21:24 Md. R. 1990)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective November 1, 1992 (19:21 Md. R. 1892); May 14, 2001 (28:9 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective May 14, 2001 (28:9 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective September 30, 1995 (21:24 Md. R. 1990)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective November 1, 1992 (19:21 Md. R. 1892); August 7, 2000 (27:15 Md. R. 1403)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective August 7, 2000 (27:15 Md. R. 1403)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective April 3, 1989 (16:6 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1192)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 12, 2011 (38:25 Md. R. 1582); September 3, 2012 (39:17 Md. R. 1148); April 1, 2013 (40:6 Md. R. 475); March 2, 2015 (42:4 Md. R. 434)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F adopted effective November 7, 2016 (43:22 Md. R. 1223)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective July 16, 2018 (45:14 Md. R. 698)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 2, 2015 (42:4 Md. R. 434)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective March 9, 2009 (36:5 Md. R. 424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective March 9, 2009 (36:5 Md. R. 424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective November 7, 2005 (32:22 Md. R. 1757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective March 9, 2009 (36:5 Md. R. 424)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 repealed under Subtitle 12 Certification Chapter 03 Specialists and new Regulations .01—.05 adopted under Subtitle 12 Educator Licensure Chapter 03 Professional and Technical Education and Specialized Areas for Fine Arts effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> <chapter num="04" heading="Specialists"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Specialists employed in an early childhood, elementary, pre-kindergarten—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.04 or a license in certain areas as otherwise provided in State law.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Licenses for Specialists."> <paragraph num="A."> <text>Types of Specialist Licenses.</text> <paragraph num="(1)"> <text>Temporary Professional.</text> <paragraph num="(a)"> <text>The Temporary Professional License is valid for 2 years and may not be renewed.</text> </paragraph> <paragraph num="(b)"> <text>A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for an applicant who does not meet the renewal requirements of a professional license.</text> </paragraph> <paragraph num="(c)"> <text>If an applicant under Regulation .11 of this chapter has not completed three semester hours or obtained three State-approved CPD credits in special education coursework, but otherwise meets the requirements for initial licensure, a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for the applicant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Initial Professional.</text> <paragraph num="(a)"> <text>The Initial Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for an Initial Professional License.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Professional.</text> <paragraph num="(a)"> <text>The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for a Professional License if the applicant submits documentation:</text> <paragraph num="(i)"> <text>Verifying 3 years of effective performance; and</text> </paragraph> <paragraph num="(ii)"> <text>Demonstrating completion of a Maryland induction program, if applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Advanced Professional.</text> <paragraph num="(a)"> <text>The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under this chapter is eligible for an Advanced Professional License if the applicant meets the requirements for the Professional License under §A(3) of this regulation and submits documentation demonstrating that the applicant has:</text> <paragraph num="(i)"> <text>A master’s degree or higher;</text> </paragraph> <paragraph num="(ii)"> <text>At least 30 semester hours of post baccalaureate credit; or</text> </paragraph> <paragraph num="(iii)"> <text>A National Board Certificate issued by the National Board for Professional Teaching Standards.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Department shall evaluate credits from institutions in other countries for comparability of degree and coursework by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="School Counselor."> <text>The requirements for licensure as school counselor are that the applicant shall:</text> <paragraph num="A."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="B."> <text>Complete one of the following pathways:</text> <paragraph num="(1)"> <text>Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a school counselor.</text> </paragraph> <paragraph num="(2)"> <text>National Board of Certified Counselors (NBCC). Candidates who possess a master’s degree in school counseling or school guidance and counseling, a valid National Board of Certified Counselors certificate, and 2 years of effective performance as a teacher or school counselor in a school setting.</text> </paragraph> <paragraph num="(3)"> <text>National Board for Professional Teaching Standards (NBPTS). Candidates who possess a master’s degree in school counseling or school guidance and counseling and present a valid National Board Certificate in the area of School Counseling.</text> </paragraph> <paragraph num="(4)"> <text>Out-of-State Program. Candidates who possess a master’s degree in school counseling or school guidance and counseling from an out-of-State approved program and 2 years of effective performance as a teacher or school counselor or 500 clock hours in a supervised practicum in school counseling.</text> </paragraph> <paragraph num="(5)"> <text>Council for Accreditation of Counseling and Related Educational Programs (CACREP). Candidates who possess a master’s degree in school counseling or school guidance and counseling from a program approved by the Council for Accreditation of Counseling and Related Educational Programs.</text> </paragraph> <paragraph num="(6)"> <text>Experienced Professional. Candidates who possess a master’s degree and a valid, professional certificate from another state and verification of at least 27 months of effective performance as a school counselor.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Library Media Specialist."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“Library media” means a variety of communication and information formats and their accompanying technologies appropriate to learning and instruction.</text> </paragraph> <paragraph num="(b)"> <text>“Library media specialist” means an individual who has developed knowledge, understanding of, and competency in the broad range of library media services, with particular emphasis on those competencies related to the development and administration of a comprehensive school library media program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Pathways to Licensure. To qualify for a Professional Specialist License, a candidate shall complete one of the following pathways:</text> <paragraph num="(1)"> <text>Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a library media specialist.</text> </paragraph> <paragraph num="(2)"> <text>Out-of-State Preparation Program. Candidates who possess a master’s degree and complete an approved program leading to licensure as a library media specialist in another state.</text> </paragraph> <paragraph num="(3)"> <text>Experienced Professional. Candidates who possess a master’s degree, hold a valid professional library media license from another state or country, and submit verification of 3 years of full-time effective experience as a library media specialist.</text> </paragraph> <paragraph num="(4)"> <text>National Board Certification. Candidates who possess a master’s degree and a National Board Certificate in the area of Library Media.</text> </paragraph> <paragraph num="(5)"> <text>Master’s Equivalent.</text> <paragraph num="(a)"> <text>The applicant shall have a bachelor’s degree or higher from an institution of higher education, to include a program of 36 semester hours of post-baccalaureate credit with 15 semester hours completed at one institution and a minimum of 24 semester hours of graduate credit in the content coursework listed in §B(5)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Content coursework shall include:</text> <paragraph num="(i)"> <text>Administration of library media programs, including an understanding of State and national library media standards and technology standards;</text> </paragraph> <paragraph num="(ii)"> <text>Materials for children in all formats, including concepts related to the teaching and learning of reading;</text> </paragraph> <paragraph num="(iii)"> <text>Materials for young adults in all formats, including concepts related to the teaching and learning of reading;</text> </paragraph> <paragraph num="(iv)"> <text>Selection, evaluation, and use of materials in all formats to meet student curriculum and instructional needs;</text> </paragraph> <paragraph num="(v)"> <text>Access and delivery of information, including reference and bibliographic systems in all formats;</text> </paragraph> <paragraph num="(vi)"> <text>Organization of knowledge, including cataloging and classification, and information retrieval in all formats;</text> </paragraph> <paragraph num="(vii)"> <text>Principles of communication, including dissemination and use of information in all formats; and</text> </paragraph> <paragraph num="(viii)"> <text>The design, creation, and implementation of library media in all formats for instructional use.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Professional education coursework shall include:</text> <paragraph num="(i)"> <text>History and philosophy of education;</text> </paragraph> <paragraph num="(ii)"> <text>Student developmental levels, learning theory, and strategies for identifying student information and learning needs;</text> </paragraph> <paragraph num="(iii)"> <text>Theory, principles, and methods of instructional design and delivery; and</text> </paragraph> <paragraph num="(iv)"> <text>Inclusion of special needs student populations.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The professional education coursework listed in §B(5)(b) of this regulation may be met by course credits earned in addition to, or as part of, the undergraduate degree program. The total number of post-baccalaureate credits needed for licensure may not be reduced for course requirements that are met in the applicant’s bachelor’s degree program. Additional post-baccalaureate or graduate courses may be substituted.</text> </paragraph> <paragraph num="(e)"> <text>An applicant shall satisfactorily complete a school library media practicum, 1 year of full-time teaching experience, or 1 year of full-time school library media-related experience.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Special education coursework. In addition to meeting one of the pathways in §B of this regulation, the applicant must present 3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Pupil Personnel Worker."> <text>The requirements for licensure as a pupil personnel worker are that the applicant shall have:</text> <paragraph num="A."> <text>A master’s degree from an institution of higher education in pupil personnel or a related field, such as:</text> <paragraph num="(1)"> <text>Counseling or guidance services, or both;</text> </paragraph> <paragraph num="(2)"> <text>Early childhood, elementary, or secondary education;</text> </paragraph> <paragraph num="(3)"> <text>Human growth and development;</text> </paragraph> <paragraph num="(4)"> <text>Sociology, social work, or psychology;</text> </paragraph> <paragraph num="(5)"> <text>Special education; or</text> </paragraph> <paragraph num="(6)"> <text>Administration and supervision;</text> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to or as part of §A of this regulation, 21 semester hours of graduate credit or State-approved CPDs, to include school law and at least 6 of the following seven areas:</text> <paragraph num="(1)"> <text>Counseling methods;</text> </paragraph> <paragraph num="(2)"> <text>Early childhood or adolescent psychology, or both;</text> </paragraph> <paragraph num="(3)"> <text>Multicultural issues;</text> </paragraph> <paragraph num="(4)"> <text>Family systems/dynamics;</text> </paragraph> <paragraph num="(5)"> <text>Delivery of pupil personnel services and programs;</text> </paragraph> <paragraph num="(6)"> <text>Abnormal psychology or juvenile delinquency, or both; or</text> </paragraph> <paragraph num="(7)"> <text>Educational assessment interpretation;</text> </paragraph> </paragraph> <paragraph num="C."> <text>3 years of effective teaching experience, or, at the recommendation of a local superintendent of schools, related experience may be substituted for teaching experience; and</text> </paragraph> <paragraph num="D."> <text>3 semester hours of credit or State-approved CPDs in inclusion of special needs student populations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Reading Specialist."> <text>The requirements for licensure as a reading specialist are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for licensure in early childhood education, elementary education, special education, or a secondary education area;</text> </paragraph> <paragraph num="B."> <text>Submit verification of 3 years of effective teaching or clinical experience;</text> </paragraph> <paragraph num="C."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="D."> <text>Complete the requirements of one of the following pathways:</text> <paragraph num="(1)"> <text>Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a reading specialist;</text> </paragraph> <paragraph num="(2)"> <text>Out-of-State Preparation Program. Candidates who possess a master’s degree and complete an approved program leading to licensure as a reading specialist in another state; or</text> </paragraph> <paragraph num="(3)"> <text>Professional Coursework. Candidates who possess a master’s degree or equivalent of 33 post-baccalaureate credits from an institution of higher education in reading and related areas to include:</text> <paragraph num="(a)"> <text>15 semester hours of reading coursework with at least one course in each of the following areas:</text> <paragraph num="(i)"> <text>Foundation or survey course;</text> </paragraph> <paragraph num="(ii)"> <text>Diagnosis and correction of reading difficulties;</text> </paragraph> <paragraph num="(iii)"> <text>Clinical or laboratory practicum;</text> </paragraph> <paragraph num="(iv)"> <text>Assessment or evaluation, or both; and</text> </paragraph> <paragraph num="(v)"> <text>Methods in the teaching of reading to English language learners; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Additional coursework selected from at least four of the following areas:</text> <paragraph num="(i)"> <text>Emergent literacy;</text> </paragraph> <paragraph num="(ii)"> <text>Literacy Leadership;</text> </paragraph> <paragraph num="(iii)"> <text>Content area literacy;</text> </paragraph> <paragraph num="(iv)"> <text>Writing;</text> </paragraph> <paragraph num="(v)"> <text>Effective use of technology in the literacy classroom;</text> </paragraph> <paragraph num="(vi)"> <text>Early Childhood, Elementary, or Adolescent literacy;</text> </paragraph> <paragraph num="(vii)"> <text>Literacy research; and</text> </paragraph> <paragraph num="(viii)"> <text>Linguistics.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Special Provision.</text> <paragraph num="(1)"> <text>An applicant who satisfies the requirements of §A of this regulation by presenting a teaching license in a secondary education area shall demonstrate proficiency in the knowledge and practices of scientific reading instruction, to include phonemic awareness, phonics, fluency, vocabulary, and comprehension.</text> </paragraph> <paragraph num="(2)"> <text>Demonstration of proficiency may be satisfied by submitting one of the following:</text> <paragraph num="(a)"> <text>A passing score on a reading instruction test approved by the State Board of Education;</text> </paragraph> <paragraph num="(b)"> <text>Completion of coursework or professional learning approved by the Department; or</text> </paragraph> <paragraph num="(c)"> <text>Submission of attestation of proficiency through observation completed by a Department-recognized assessor; or</text> </paragraph> <paragraph num="(d)"> <text>Completion of training provided by the Department in the science of reading.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Reading Teacher."> <paragraph num="A."> <text>Requirements for Licensure. The requirements for licensure as a reading teacher are that the applicant shall:</text> <paragraph num="(1)"> <text>Meet the requirements for licensure in early childhood education, elementary education, special education, or a secondary education area;</text> </paragraph> <paragraph num="(2)"> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework;</text> </paragraph> <paragraph num="(3)"> <text>Have 12 semester hours of post-baccalaureate graduate credit from an institution of higher education in reading, including a foundation or survey course and a course in diagnosis and correction of reading difficulties; and</text> </paragraph> <paragraph num="(4)"> <text>Have 2 years of successful teaching experience.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Special Provision.</text> <paragraph num="(1)"> <text>An applicant who satisfies the requirements of §A(1) of this regulation by presenting a teaching license in a secondary education area shall demonstrate proficiency in the knowledge and practices of scientific reading instruction, to include phonemic awareness, phonics, fluency, vocabulary, and comprehension.</text> </paragraph> <paragraph num="(2)"> <text>Demonstration of proficiency may be satisfied by submitting one of the following:</text> <paragraph num="(a)"> <text>A passing score on a reading instruction test approved by the State Board of Education;</text> </paragraph> <paragraph num="(b)"> <text>Completion of coursework or professional learning approved by the Department; or</text> </paragraph> <paragraph num="(c)"> <text>Submission of attestation of proficiency through observation completed by a Department-recognized assessor; or</text> </paragraph> <paragraph num="(d)"> <text>Completion of training provided by the Department in the science of reading.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Psychometrist."> <paragraph num="A."> <text>Definition.</text> <paragraph num="(1)"> <text>In this chapter, the following term has the meaning indicated.</text> </paragraph> <paragraph num="(2)"> <text>Term Defined. “Psychometrist” means an individual who works directly under the professional supervision of a school psychologist or supervisor of school psychological services. The purpose of this position is limited to providing assistance to the school psychologist by administering psychological tests and other related psychometric tasks.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Education. An applicant for licensure as a psychometrist shall have the following:</text> <paragraph num="(1)"> <text>A master’s degree from an institution of higher education in psychology or education.</text> </paragraph> <paragraph num="(2)"> <text>45 semester hours of graduate and undergraduate coursework from an institution of higher education that shall include the following areas:</text> <paragraph num="(a)"> <text>Tests and measurements;</text> </paragraph> <paragraph num="(b)"> <text>Individual intelligence testing of children;</text> </paragraph> <paragraph num="(c)"> <text>Individual educational assessment of children, reading assessment, curriculum-based assessment;</text> </paragraph> <paragraph num="(d)"> <text>Assessment of personality (including social, emotional, and behavioral assessment of children);</text> </paragraph> <paragraph num="(e)"> <text>Practicum in psychological testing of children;</text> </paragraph> <paragraph num="(f)"> <text>Developmental psychology child and adolescent psychology;</text> </paragraph> <paragraph num="(g)"> <text>Statistics/research methods, research design;</text> </paragraph> <paragraph num="(h)"> <text>Personality theory;</text> </paragraph> <paragraph num="(i)"> <text>Learning process/theory;</text> </paragraph> <paragraph num="(j)"> <text>Abnormal psychology, psychopathology;</text> </paragraph> <paragraph num="(k)"> <text>Educational psychology;</text> </paragraph> <paragraph num="(l)"> <text>Curriculum and instruction;</text> </paragraph> <paragraph num="(m)"> <text>Intervention techniques, consultation, counseling;</text> </paragraph> <paragraph num="(n)"> <text>Social bases of behavior, social psychology, multicultural psychology; and</text> </paragraph> <paragraph num="(o)"> <text>Physiological and neurological bases of behavior.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Coursework required in §B(2)(a), (h)—(l), and (n) of this regulation may be taken at the undergraduate level.</text> </paragraph> <paragraph num="(4)"> <text>3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Experience. An applicant demonstrating compliance with the experience requirements for licensure as a psychometrist shall comply with the following:</text> <paragraph num="(1)"> <text>Option I.</text> <paragraph num="(a)"> <text>500 clock hours of field experience in school psychology which is approved by and under the direction of an institution of higher education that has an approved program in psychology.</text> </paragraph> <paragraph num="(b)"> <text>The applicant shall ensure that field experience includes experience in regular and special education programs and emphasizes assessment.</text> </paragraph> <paragraph num="(c)"> <text>The applicant shall ensure that field supervision occurs under an individual licensed as a school psychologist.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Option II.</text> <paragraph num="(a)"> <text>2 years of successful experience of at least 600 clock hours per year providing psychometric services to children in an educational setting under the supervision of an individual licensed as a school psychologist.</text> </paragraph> <paragraph num="(b)"> <text>The supervision requirement may be waived if an applicant has previously provided these services as a licensed psychologist.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="School Psychologist."> <paragraph num="A."> <text>Definition. “School psychologist” means an individual who is licensed to provide psychological services to children in a public or State-approved nonpublic school setting and supervises interns and psychometrists.</text> </paragraph> <paragraph num="B."> <text>Education. An applicant for licensure as a school psychologist shall:</text> <paragraph num="(1)"> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="(2)"> <text>Complete one of the following pathways to licensure:</text> <paragraph num="(a)"> <text>Option I:</text> <paragraph num="(i)"> <text>Submit a master’s degree or higher in school psychology from a Maryland-approved program; and</text> </paragraph> <paragraph num="(ii)"> <text>Qualifying scores on the Maryland-approved test for school psychologist.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Option II:</text> <paragraph num="(i)"> <text>Submit a master’s degree or higher and complete an out-of-State-approved program in school psychology, culminating a minimum of a 1,200-hour internship in school psychology; and</text> </paragraph> <paragraph num="(ii)"> <text>Submit qualifying scores on the Maryland-approved test for school psychologist.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Option III: Submit a valid Nationally Certified School Psychologist certificate issued by the National School Psychology Certification Board.</text> </paragraph> <paragraph num="(d)"> <text>Option IV:</text> <paragraph num="(i)"> <text>Submit a master’s degree or higher from an institution of higher education; and</text> </paragraph> <paragraph num="(ii)"> <text>Submit a valid professional license in school psychology from another state and verification of at least 27 months of effective performance as a school psychologist during the past 7 years, on the basis of which application is being made for a comparable Maryland license.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Therapists (Occupational Therapists, Physical Therapists, Speech-Language Pathologists, or Audiologists)."> <paragraph num="A."> <text>The Department shall consider an occupational therapist, physical therapist, speech-language pathologist, or audiologist to be professionally licensed if the individual holds:</text> <paragraph num="(1)"> <text>A valid license issued by the State Board of Occupational Therapy Practice, the State Board of Physical Therapy Examiners, or the State Board of Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists, in accordance with the relevant provisions of the Health Occupations Article, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(2)"> <text>A valid compact privilege to practice in Maryland under an applicable interstate licensure compact to which the State is a party.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This individual does not require an additional educator license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="School Social Worker."> <text>To obtain educator licensure as a school social worker, the applicant shall:</text> <paragraph num="A."> <text>Be licensed by the Maryland State Board of Social Work Examiners as a:</text> <paragraph num="(1)"> <text>Masters Social Worker;</text> </paragraph> <paragraph num="(2)"> <text>Certified Social Worker; or</text> </paragraph> <paragraph num="(3)"> <text>Certified Social Worker — Clinical.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Gifted and Talented Education Specialist."> <text>To be licensed as a Gifted and Talented Education Specialist, an applicant shall:</text> <paragraph num="A."> <text>Complete one of the following:</text> <paragraph num="(1)"> <text>A Department-approved master’s program that leads to licensure in Gifted and Talented Education;</text> </paragraph> <paragraph num="(2)"> <text>An out-of-State approved master’s program that leads to Gifted and Talented licensure; or</text> </paragraph> <paragraph num="(3)"> <text>Approved coursework.</text> <paragraph num="(a)"> <text>Complete 15 semester hours of graduate coursework in Gifted and Talented Education from an institution of higher education, which includes a balance of content in the following competencies:</text> <paragraph num="(i)"> <text>Understanding the foundations of gifted education, including historical perspectives, key philosophies and theories, social, cultural, and economic influences, key issues, and trends;</text> </paragraph> <paragraph num="(ii)"> <text>Understanding the unique cognitive and affective characteristics of gifted and talented students, including the learning differences of gifted and talented students with disabilities and those from diverse backgrounds;</text> </paragraph> <paragraph num="(iii)"> <text>Understanding processes and procedures for the identification of gifted and talented students, including the use of equitable approaches for identifying gifted and talented students from diverse backgrounds and those with disabilities;</text> </paragraph> <paragraph num="(iv)"> <text>Understanding evidence-based instructional strategies for differentiating instruction for gifted and talented students, including strategies that enhance acquisition of knowledge and skills in specific domains, critical and creative thinking, problem solving, and metacognition;</text> </paragraph> <paragraph num="(v)"> <text>Understanding theories and models for developing and implementing curriculum, instruction, and assessments for gifted and talented students; and</text> </paragraph> <paragraph num="(vi)"> <text>Understanding how to create learning environments that foster the social and emotional well-being of gifted and talented students, including the development of self-awareness, coping skills, positive peer relationships, and leadership; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Complete at least 3 semester hours in a clinical/laboratory internship;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="C."> <text>Present verification of 27 months of effective teaching experience or clinical experience</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Renewal and Advancement of a Specialist License."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>An applicant who holds a license is responsible for initiating the renewal of the license.</text> </paragraph> <paragraph num="(2)"> <text>An applicant shall ensure renewal requirements are received before the expiration date of the license to be considered continuous.</text> </paragraph> <paragraph num="(3)"> <text>Failure to Meet Requirements. Failure to meet the requirements of this section results in nonrenewal of the license.</text> </paragraph> <paragraph num="(4)"> <text>Advancement to a New License. An applicant may apply to advance to the next level of licensure by meeting the requirements under §.02A of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional License may be renewed for successive 5-year terms upon the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .15 of this chapter based on an individual professional development plan as set forth in Regulation .14 of this chapter that is designed to improve student learning and that is approved, if required, by the educator’s supervisor.</text> </paragraph> <paragraph num="C."> <text>Application Process.</text> <paragraph num="(1)"> <text>Renewal. An educator may renew their existing Initial Professional, Professional, or Advanced Professional License by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>A statement, signed under the penalty of perjury, that the applicant has completed all requirements for licensure renewal, including the requisite number of Professional Development Points under an Individual Professional Development Plan; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Advancement. An educator may request advancement to a new level of licensure by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Supporting documentation demonstrating the applicant has met the requirements for the new level of licensure; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All documentation submitted is subject to audit by the Department, and the educator shall provide additional documentation to the Department on request.</text> </paragraph> <paragraph num="(4)"> <text>Individuals employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may submit documentation directly to the employer.</text> </paragraph> <paragraph num="(5)"> <text>Individuals who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Individual Professional Development Plans."> <paragraph num="A."> <text>Individual Professional Development Plans.</text> <paragraph num="(1)"> <text>An educator shall have an individual professional development plan in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to the educator.</text> </paragraph> <paragraph num="(2)"> <text>An individual professional development plan shall include a minimum of 90 professional development points, as set forth in Regulation .15 of this chapter, to renew the educator’s License.</text> </paragraph> <paragraph num="(3)"> <text>Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval of an Individual Professional Development Plan.</text> <paragraph num="(1)"> <text>Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.</text> </paragraph> <paragraph num="(2)"> <text>The educator’s supervisor, or an appropriate designee, shall approve proposed individual professional development plans.</text> </paragraph> <paragraph num="(3)"> <text>Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.</text> </paragraph> <paragraph num="(4)"> <text>Supervisor Review.</text> <paragraph num="(a)"> <text>A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, but the Department shall approve any professional development points that were earned consistently with an approved plan in the application for license renewal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Signatures.</text> <paragraph num="(a)"> <text>Before applying to renew an Initial Professional, Professional, or Advanced Professional license, educators shall obtain a signature from a current supervisor.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor’s signature shall indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.</text> </paragraph> <paragraph num="(c)"> <text>The educator remains responsible for the final accounting of professional development points applied towards license renewal.</text> </paragraph> <paragraph num="(d)"> <text>An educator whose supervisor refuses to sign an Individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Approval of an individual professional development plan may not be unreasonably withheld by a supervisor.</text> </paragraph> <paragraph num="(7)"> <text>If a plan is rejected by a supervisor, an educator may seek review of the denial from:</text> <paragraph num="(a)"> <text>The superintendent of schools, or designee, if employed with a local school system;</text> </paragraph> <paragraph num="(b)"> <text>The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(c)"> <text>The Executive Director, or comparable position, if employed with a State-operated school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Professional Development Points."> <paragraph num="A."> <text>Professional Development Point (PDP).</text> <paragraph num="(1)"> <text>1 clock hour is equivalent to one PDP.</text> </paragraph> <paragraph num="(2)"> <text>1 semester hour is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(3)"> <text>One Department-approved continuing professional development credit is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(4)"> <text>One continuing education unit is equivalent to ten PDPs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Educators applying to renew an Initial Professional, Professional, or Advanced Professional License shall complete a minimum of 90 PDPs that shall include:</text> <paragraph num="(1)"> <text>Content or pedagogy related to an area on the educator’s license;</text> </paragraph> <paragraph num="(2)"> <text>English as a Second Language, Sheltered English, or Bilingual Education;</text> </paragraph> <paragraph num="(3)"> <text>Strategies for teaching students with disabilities, or differentiated instruction for students with diverse learning needs; and</text> </paragraph> <paragraph num="(4)"> <text>Culturally Responsive Teaching or diverse student identities in education.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Requirements for Specific Licensure Areas.</text> <paragraph num="(1)"> <text>Blind/Visually Impaired. Teachers who hold a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.</text> </paragraph> <paragraph num="(2)"> <text>School Counselor. An educator who is licensed as a School Counselor shall present 1 semester hour of coursework from an Institution of Higher Education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:</text> <paragraph num="(a)"> <text>Depression;</text> </paragraph> <paragraph num="(b)"> <text>Trauma;</text> </paragraph> <paragraph num="(c)"> <text>Violence;</text> </paragraph> <paragraph num="(d)"> <text>Youth suicide;</text> </paragraph> <paragraph num="(e)"> <text>Substance abuse; and</text> </paragraph> <paragraph num="(f)"> <text>The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Administrator. If an educator is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and assigned in an administrator or supervisor position, the educator shall submit PDPs which include:</text> <paragraph num="(a)"> <text>Strategies for increasing teacher retention; and</text> </paragraph> <paragraph num="(b)"> <text>Strategies for developing and facilitating teacher leadership.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Professional development points may be accrued by the completion of one of more of the following:</text> <paragraph num="(1)"> <text>College credit earned or taught at an accredited institution of higher education.</text> </paragraph> <paragraph num="(2)"> <text>Continuing professional development (CPD) credits, earned or taught, approved by the Department.</text> </paragraph> <paragraph num="(3)"> <text>Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.</text> </paragraph> <paragraph num="(4)"> <text>Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.</text> </paragraph> <paragraph num="(5)"> <text>Curriculum Development.</text> <paragraph num="(a)"> <text>Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.</text> </paragraph> <paragraph num="(b)"> <text>This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.</text> </paragraph> <paragraph num="(c)"> <text>For each curriculum developed, the Department shall award the educator up to 30 PDPs.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Publication of a Book or Article.</text> <paragraph num="(a)"> <text>The license holder shall ensure that the book or article contributes to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.</text> </paragraph> <paragraph num="(b)"> <text>The educator shall ensure that an article is published in a recognized professional journal.</text> </paragraph> <paragraph num="(c)"> <text>The educator shall ensure that books are published for purchase.</text> </paragraph> <paragraph num="(d)"> <text>For each book published, the Department shall award the educator up to 75 PDPs. For each article published, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Mentorship.</text> <paragraph num="(a)"> <text>Mentoring is the process by which an experienced professional who has received mentorship training helps one or more individuals to improve their performance.</text> </paragraph> <paragraph num="(b)"> <text>Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.</text> </paragraph> <paragraph num="(c)"> <text>Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Micro-Credentials.</text> <paragraph num="(a)"> <text>Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.</text> </paragraph> <paragraph num="(b)"> <text>Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.</text> </paragraph> <paragraph num="(c)"> <text>Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.</text> </paragraph> <paragraph num="(d)"> <text>For each micro-credential earned, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Professional Development Activity.</text> <paragraph num="(a)"> <text>The Department shall accept professional development activities approved by the Department, Maryland local school system, State Agency, a Maryland approved nonpublic school, or another state department of education.</text> </paragraph> <paragraph num="(b)"> <text>The license holder shall ensure that each activity is a minimum of 1 contact hour.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate when subsequently renewing a Maryland Educator License as a substitute for §B of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07, and .09—.15 adopted effective January 1, 1989 (15:26 Md. R. 2996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 6, 1995 (22:22 Md. R. 1670); January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 13, 2014 (41:20 Md. R. 1113)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 13, 2014 (41:20 Md. R. 1113)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective April 8, 2019 (46:7 Md. R. 370)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective June 22, 1992 (19:12 Md. R. 1135)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed and new Regulation .04 adopted effective August 29, 2005 (32:17 Md. R. 1439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, B amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective June 1, 1998 (25:11 Md. R. 822); March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective April 24, 1995 (22:18 Md. R. 598); June 1, 1998 (25:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective September 12, 1994 (21:8 Md. R. 1512); January 15, 1996 (23:1 Md. R. 29); June 1, 1998 (25:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective September 12, 1994 (21:8 Md. R. 1512); April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted, and existing Regulation .05 recodified to Regulation .05-1 effective December 23, 1991 (18:25 Md. R. 2758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective August 29, 2005 (32:17 Md. R. 1439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective August 3, 1992 (19:15 Md. R. 1393)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D adopted effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05-1 repealed effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed and new Regulation .06 adopted effective August 6, 2001 (28:15 Md. R. 1399)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, C amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective April 3, 1989 (16:6 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, D amended effective September 30, 1995 (21:24 Md. R. 1990); January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective January 22, 2001 (28:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 repealed effective August 2, 1993 (20:15 Md. R. 1221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .11 and .12 repealed effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective September 12, 1994 (21:8 Md. R. 1512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15B amended effective January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 adopted effective April 9, 2007 (34:7 Md. R. 700)</annotation> <annotation type="History" subtype="Administrative History">For a history of certification requirements before January 1, 1989, see the Administrative History for COMAR 13A.07.01.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 repealed under Subtitle 12 Certification Chapter 04 Administrators and Supervisors and new Regulations .01—.15 adopted under Subtitle 12 Educator Licensure Chapter 04 Specialists effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective March 3, 2025 (52:4 Md. R. 220); October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective May 11, 2026 (53:9 Md. R. 414)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13D amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> <chapter num="05" heading="Administrators and Supervisors"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Administrators and supervisors who have direct contact with students, who have responsibility for curriculum development, or who have responsibility for supervision of instruction shall meet the requirements for a license under COMAR 13A.12.05, as applicable.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Licenses for Administrators and Supervisors."> <paragraph num="A."> <text>Types of Administrator/Supervisor Licenses.</text> <paragraph num="(1)"> <text>Initial Professional.</text> <paragraph num="(a)"> <text>The Initial Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .15 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for an Initial Professional License.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Professional.</text> <paragraph num="(a)"> <text>The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .15 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for a Professional License if the applicant submits documentation:</text> <paragraph num="(i)"> <text>Verifying 3 years of effective performance; and</text> </paragraph> <paragraph num="(ii)"> <text>Demonstrating completion of a Maryland induction program, if applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Advanced Professional.</text> <paragraph num="(a)"> <text>The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>An applicant who has met the requirements of one of the pathways to licensure under this chapter is eligible for an Advanced Professional License if the applicant meets the requirements for the Professional License under §A(2) of this regulation and submits documentation that the applicant has:</text> <paragraph num="(i)"> <text>A master’s degree or higher;</text> </paragraph> <paragraph num="(ii)"> <text>At least 30 semester hours of post baccalaureate credit; or</text> </paragraph> <paragraph num="(iii)"> <text>A National Board Certificate issued by the National Board for Professional Teaching Standards.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Department shall evaluate credits from institutions in other countries for comparability of degree and coursework by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Supportive Services Personnel."> <paragraph num="A."> <text>Purpose. The State Superintendent of Schools may license as Supportive Services Personnel a qualified employee of a local school system who is assigned to administrative or supervisory responsibilities not otherwise covered in these regulations, and who has responsibilities comparable to those assigned to individuals who hold specific supervisory licenses.</text> </paragraph> <paragraph num="B."> <text>Education. An applicant for licensure as Supportive Services Personnel shall have a bachelor’s degree or higher appropriate to the area of responsibility from an institution of higher education.</text> </paragraph> <paragraph num="C."> <text>This license is issued at the request of a local school, State-operated school, or nonpublic school approved under COMAR 13A.09.10.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Superintendents."> <paragraph num="A."> <text>Superintendent I.</text> <paragraph num="(1)"> <text>This license qualifies an individual to be assigned as a county deputy superintendent, assistant superintendent or associate superintendent through either Traditional or Reciprocal Licensure.</text> </paragraph> <paragraph num="(2)"> <text>An applicant for Traditional Licensure shall meet the education and experience requirements.</text> </paragraph> <paragraph num="(3)"> <text>Education Requirements for Traditional Licensure. The applicant shall have:</text> <paragraph num="(a)"> <text>A master’s degree from an institution of higher education;</text> </paragraph> <paragraph num="(b)"> <text>Completed one of the following:</text> <paragraph num="(i)"> <text>A Department-approved program which leads to licensure as a superintendent;</text> </paragraph> <paragraph num="(ii)"> <text>A program offered by an institution of higher education leading to licensure as a superintendent in the state in which the institution is located; or</text> </paragraph> <paragraph num="(iii)"> <text>45 semester hours of graduate coursework, including a minimum of 15 semester hours in education administration taken at an institution of higher education. Graduate coursework earned under §A(3)(a) of this regulation may be applied toward the 45 required semester hours; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Experience Requirements for Traditional Licensure. The applicant shall have:</text> <paragraph num="(a)"> <text>27 months of effective teaching performance or effective performance as a licensed specialist as defined in COMAR 13A.12.03 in a pre-kindergarten — 12 setting; and</text> </paragraph> <paragraph num="(b)"> <text>24 months of effective administrative or supervisory experience in a pre-kindergarten—12 setting.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Requirements for Reciprocal Licensure. A deputy, associate, or assistant superintendent who enters Maryland from another state may obtain a Superintendent I license if that individual:</text> <paragraph num="(a)"> <text>Holds a valid professional state license in a like or comparable area;</text> </paragraph> <paragraph num="(b)"> <text>Presents verification of at least 36 months of effective performance as a deputy, associate, or assistant superintendent during the past 7 years; and</text> </paragraph> <paragraph num="(c)"> <text>Completes 3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Superintendent II.</text> <paragraph num="(1)"> <text>This license qualifies an individual to be a county superintendent through either Traditional or Reciprocal Licensure.</text> </paragraph> <paragraph num="(2)"> <text>An applicant for Traditional Licensure shall meet the education and experience requirements.</text> </paragraph> <paragraph num="(3)"> <text>Education Requirements for Traditional Licensure. The applicant shall have:</text> <paragraph num="(a)"> <text>A master’s degree from an institution of higher education;</text> </paragraph> <paragraph num="(b)"> <text>Have completed one of the following:</text> <paragraph num="(i)"> <text>A Department-approved program which leads to licensure as a superintendent to include coursework covering public school administration, supervision, and methods of teaching;</text> </paragraph> <paragraph num="(ii)"> <text>A program offered by an institution of higher education leading to licensure as a superintendent in the state in which the institution is located to include coursework covering public school administration, supervision, and methods of teaching; or</text> </paragraph> <paragraph num="(iii)"> <text>60 semester hours of graduate coursework, including a minimum of 24 semester hours in education administration taken at an institution of higher education, to include public school administration, supervision, and methods of teaching. Graduate coursework earned under §B(3)(a) of this regulation may be applied toward the 60 required semester hours; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Experience Requirements for Traditional Licensure. The applicant shall have:</text> <paragraph num="(a)"> <text>27 months of effective teaching performance or effective performance as a licensed specialist as defined in COMAR 13A.12.03 in a pre-kindergarten—12 setting; and</text> </paragraph> <paragraph num="(b)"> <text>24 months of effective administrative or supervisory experience in a pre-kindergarten—12 setting.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Requirements for Reciprocal Licensure. A superintendent who enters Maryland from another state may obtain a Superintendent II license if that individual:</text> <paragraph num="(a)"> <text>Holds a valid professional state license in a like or comparable area;</text> </paragraph> <paragraph num="(b)"> <text>Presents verification of at least 36 months of effective performance as a superintendent during the past 7 years;</text> </paragraph> <paragraph num="(c)"> <text>Presents verification of 2 years of graduate work at an institution of higher education, to include coursework covering public school administration, supervision, and methods of teaching; and</text> </paragraph> <paragraph num="(d)"> <text>Completes 3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Supervisors of Instruction, Assistant Principals, and Principals."> <paragraph num="A."> <text>Application of Regulation.</text> <paragraph num="(1)"> <text>This regulation applies to obtaining licensure as an Administrator.</text> </paragraph> <paragraph num="(2)"> <text>If a principal transfers to become a principal in a special education school, the principal shall hold a Supervisor of Special Education license as set forth in Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Administrator Requirements.</text> <paragraph num="(1)"> <text>This license qualifies an individual to be assigned as a supervisor of instruction, assistant principal, or principal.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have:</text> <paragraph num="(a)"> <text>A master’s degree, or higher, from an accredited institution of higher education;</text> </paragraph> <paragraph num="(b)"> <text>Twenty-seven months of effective teaching performance or effective performance as a specialist as defined in COMAR 13A.12.04;</text> </paragraph> <paragraph num="(c)"> <text>Three semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The applicant shall meet one of the following pathways:</text> <paragraph num="(a)"> <text>A Department-approved program which leads to licensure as a supervisor of instruction, assistant principal, or principal;</text> </paragraph> <paragraph num="(b)"> <text>An approved out-of-State program that leads to licensure as a supervisor of instruction, assistant principal, or principal and includes a supervised clinical practicum;</text> </paragraph> <paragraph num="(c)"> <text>Eighteen semester hours of graduate coursework taken at an institution of higher education, to include coursework in the following categories:</text> <paragraph num="(i)"> <text>Curriculum, instruction, and assessment;</text> </paragraph> <paragraph num="(ii)"> <text>Supervision, evaluation, and supporting instructional improvement;</text> </paragraph> <paragraph num="(iii)"> <text>Legal issues and ethical decision-making;</text> </paragraph> <paragraph num="(iv)"> <text>Program/school administration;</text> </paragraph> <paragraph num="(v)"> <text>Culturally responsive leadership and/or equity in leadership; and</text> </paragraph> <paragraph num="(vi)"> <text>Supervised clinical practicum that is a minimum of 240 clock hours; or</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Holds a valid professional state license in administration from another state or country and has verification of 5 years of effective performance as an administrator in a PK-12 school setting.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Applicants who qualify based on §3(b) or (c) of this regulation must present a qualifying score as established by the State Superintendent of Schools on a school leader licensure assessment approved by the State Board of Education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Library Media Administrator."> <paragraph num="A."> <text>Definition.</text> <paragraph num="(1)"> <text>In this regulation, the following term has the meaning indicated.</text> </paragraph> <paragraph num="(2)"> <text>Term Defined. “Library media administrator” means an individual designated by the local superintendent of schools as having responsibility for the:</text> <paragraph num="(a)"> <text>Administration and supervision of the library media program, including the supervision of the library media program in the individual schools; and</text> </paragraph> <paragraph num="(b)"> <text>Development of policies, programs, budgets, and procedures for the library media services of the school system and its schools.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Education and Experience. To be licensed as library media administrator, the applicant shall:</text> <paragraph num="(1)"> <text>Meet the requirements for licensure as a library media specialist;</text> </paragraph> <paragraph num="(2)"> <text>Have a master’s degree from an institution of higher education;</text> </paragraph> <paragraph num="(3)"> <text>Have 3 years of effective library media program experience;</text> </paragraph> <paragraph num="(4)"> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="(5)"> <text>Complete one of the options listed under Regulation .05 of this chapter that would lead to licensure as Administrator I.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Special Provision. An applicant seeking to satisfy the requirements of §B(3) of this regulation may, at the recommendation of the local school superintendent, substitute 2 years of related effective experience for 2 years of library media program experience.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Supervisor of School Counseling."> <text>The requirements for licensure as a supervisor of school counseling are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for licensure as a school counselor;</text> </paragraph> <paragraph num="B."> <text>Have 3 years of effective performance as a school counselor;</text> </paragraph> <paragraph num="C."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="D."> <text>Have 12 semester hours of graduate credit from an institution of higher education in any of the following areas, with at least 6 semester hours in school supervision or school administration:</text> <paragraph num="(1)"> <text>Management;</text> </paragraph> <paragraph num="(2)"> <text>School supervision;</text> </paragraph> <paragraph num="(3)"> <text>School administration;</text> </paragraph> <paragraph num="(4)"> <text>Program development; or</text> </paragraph> <paragraph num="(5)"> <text>Program evaluation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Supervisor of School Psychological Services."> <text>The requirements for licensure as a supervisor of school psychological services are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for licensure as a school psychologist under COMAR 13A.12.04.09;</text> </paragraph> <paragraph num="B."> <text>Have a doctoral degree:</text> <paragraph num="(1)"> <text>From a state or accredited school psychology program, a national educator preparation accreditation organization, National Association of School Psychologists, or American Psychological Association accredited school psychology program; or</text> </paragraph> <paragraph num="(2)"> <text>In psychology or education or human development;</text> </paragraph> </paragraph> <paragraph num="C."> <text>As part of or in addition to §B of this regulation, have 9 semester hours of graduate credits including 3 semester hours in school law and 6 semester hours in supervision, management, or administration of schools;</text> </paragraph> <paragraph num="D."> <text>Have 3 years of experience as a school psychologist under COMAR 13A.12.04.09; and</text> </paragraph> <paragraph num="E."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Supervisor of Pupil Personnel."> <text>The requirements for licensure as a supervisor of pupil personnel are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for licensure as a pupil personnel worker;</text> </paragraph> <paragraph num="B."> <text>Have a master’s degree from an institution of higher education;</text> </paragraph> <paragraph num="C."> <text>As part of or in addition to §B of this regulation, have a graduate course in the area of administration and supervision;</text> </paragraph> <paragraph num="D."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="E."> <text>Have 3 years of successful teaching experience. At the recommendation of the local superintendent of schools, related experience may be substituted for teaching experience.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Supervisor of Special Education."> <paragraph num="A."> <text>Principal Public Separate School. The requirements for licensure as a principal in a public separate school are that the applicant shall:</text> <paragraph num="(1)"> <text>Meet the requirements for licensure in special education; and</text> </paragraph> <paragraph num="(2)"> <text>Meet the requirements for licensure as an Administrator II.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Supervisor of Special Education (Sole Assignment). The requirements for licensure as a supervisor of special education are that the applicant shall:</text> <paragraph num="(1)"> <text>Meet the requirements for licensure in special education; and</text> </paragraph> <paragraph num="(2)"> <text>Meet the requirements for licensure as an Administrator I.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Special Provision. Supervisors with multiple area assignments shall meet the requirements set forth in Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Supervisor of Speech Pathologists and Audiologists."> <text>The requirements for a license as a supervisor of speech pathology and audiology are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for certification or licensure as otherwise provided in Health Occupations Article, §2-301, Annotated Code of Maryland, as a speech pathologist or audiologist;</text> </paragraph> <paragraph num="B."> <text>Have a master’s degree from an institution with an approved program when graduating with at least one course in administrative and supervisory techniques and one course in the development of school curriculum;</text> </paragraph> <paragraph num="C."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="D."> <text>Have 4 years full-time paid experience or its equivalent as a speech and hearing clinician, 2 years of which shall have been in a school setting.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Supervisor of Teachers of Deaf and Hard of Hearing."> <text>The requirements for licensure as a supervisor of teachers of the deaf and hard of hearing are that the applicant shall:</text> <paragraph num="A."> <text>Meet the requirements for licensure as a teacher of the deaf and hard of hearing;</text> </paragraph> <paragraph num="B."> <text>Have a master’s degree from an institution of higher education, with at least one course in administrative and supervisory techniques and one course in curriculum development;</text> </paragraph> <paragraph num="C."> <text>Complete 3 semester hours or State-approved CPD credits in special education coursework; and</text> </paragraph> <paragraph num="D."> <text>Have experience that includes:</text> <paragraph num="(1)"> <text>3 years of successful teaching experience with the deaf and hard of hearing; or</text> </paragraph> <paragraph num="(2)"> <text>4 years paid experience or its equivalent in a school setting with 2 years successful teaching experience with the deaf and hard of hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Renewal and Advancement of an Administrator/Supervisor License."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>An applicant who holds a license is responsible for initiating the renewal of the license.</text> </paragraph> <paragraph num="(2)"> <text>An applicant shall ensure renewal requirements are received before the expiration date of the license to be considered continuous.</text> </paragraph> <paragraph num="(3)"> <text>Failure to Meet Requirements. Failure to meet the requirements of this section results in nonrenewal of the license.</text> </paragraph> <paragraph num="(4)"> <text>Advancement to a New License. An applicant may apply to advance to the next level of licensure by meeting the requirements under §.02A of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional License may be renewed for successive 5-year terms on the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .15 of this chapter based on an individual professional development plan as set forth in Regulation .14 of this chapter that is designed to improve student learning and that is approved, if required, by the educator’s supervisor.</text> </paragraph> <paragraph num="C."> <text>Application Process.</text> <paragraph num="(1)"> <text>Renewal. An educator may renew their existing Initial Professional, Professional, or Advanced Professional License by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner required by the Department;</text> </paragraph> <paragraph num="(b)"> <text>The required fee; and</text> </paragraph> <paragraph num="(c)"> <text>A statement, signed under the penalty of perjury, that the applicant has completed all requirements for licensure renewal, including the requisite number of Professional Development Points under an Individual Professional Development Plan.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Advancement. An educator may request advancement to a new level of licensure by submitting:</text> <paragraph num="(a)"> <text>A completed application, in the manner prescribed by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Supporting documentation demonstrating the applicant has met the requirements for the new level of licensure; and</text> </paragraph> <paragraph num="(c)"> <text>The required fee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All documentation submitted is subject to audit by the Department, and the educator shall provide additional documentation to the Department on request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Individual Professional Development Plans."> <paragraph num="A."> <text>Individual Professional Development Plans.</text> <paragraph num="(1)"> <text>An educator shall have an individual professional development plan in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to the educator.</text> </paragraph> <paragraph num="(2)"> <text>An individual professional development plan shall include a minimum of 90 professional development points, as set forth in Regulation .15 of this chapter, to renew the educator’s license.</text> </paragraph> <paragraph num="(3)"> <text>Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval of an Individual Professional Development Plan.</text> <paragraph num="(1)"> <text>Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.</text> </paragraph> <paragraph num="(2)"> <text>The educator’s supervisor, or an appropriate designee, shall approve proposed individual professional development plans.</text> </paragraph> <paragraph num="(3)"> <text>Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.</text> </paragraph> <paragraph num="(4)"> <text>Supervisor Review.</text> <paragraph num="(a)"> <text>A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, but the Department shall approve any professional development points that were earned consistently with an approved plan in the application for license renewal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Signatures.</text> <paragraph num="(a)"> <text>Before applying to renew an Initial Professional or Professional license, educators shall obtain a signature from a current supervisor.</text> </paragraph> <paragraph num="(b)"> <text>A supervisor’s signature shall indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.</text> </paragraph> <paragraph num="(c)"> <text>The educator remains responsible for the final accounting of professional development points applied towards license renewal.</text> </paragraph> <paragraph num="(d)"> <text>An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Approval of an individual professional development plan may not be unreasonably withheld by a supervisor.</text> </paragraph> <paragraph num="(7)"> <text>If a plan is rejected by a supervisor, an educator may seek review of the denial from:</text> <paragraph num="(a)"> <text>The superintendent of schools, or designee, if employed with a local school system;</text> </paragraph> <paragraph num="(b)"> <text>The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or</text> </paragraph> <paragraph num="(c)"> <text>The Executive Director, or comparable position, if employed with a State-operated school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Professional Development Points."> <paragraph num="A."> <text>Professional Development Point (PDP). The Department shall measure professional development activities as follows:</text> <paragraph num="(1)"> <text>1 clock hour is equivalent to one PDP.</text> </paragraph> <paragraph num="(2)"> <text>1 semester hour is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(3)"> <text>One Department-approved continuing professional development credit is equivalent to 15 PDPs.</text> </paragraph> <paragraph num="(4)"> <text>One continuing education unit is equivalent to ten PDPs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Educators applying to renew an Initial Professional, Professional, or Advanced Professional License shall complete a minimum of 90 PDPs that shall include:</text> <paragraph num="(1)"> <text>Content or pedagogy related to an area on the educator’s license;</text> </paragraph> <paragraph num="(2)"> <text>English as a Second Language, Sheltered English, or Bilingual Education;</text> </paragraph> <paragraph num="(3)"> <text>Strategies for teaching students with disabilities, or differentiated instruction for students with diverse learning needs; and</text> </paragraph> <paragraph num="(4)"> <text>Culturally Responsive Teaching or diverse student identities in education.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Requirements for Specific Certification Areas.</text> <paragraph num="(1)"> <text>Blind/Visually Impaired. Teachers who hold a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.</text> </paragraph> <paragraph num="(2)"> <text>School Counselor. An educator who is licensed as a School Counselor shall present 1 semester hour of coursework from an institution of higher education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:</text> <paragraph num="(a)"> <text>Depression;</text> </paragraph> <paragraph num="(b)"> <text>Trauma;</text> </paragraph> <paragraph num="(c)"> <text>Violence;</text> </paragraph> <paragraph num="(d)"> <text>Youth suicide;</text> </paragraph> <paragraph num="(e)"> <text>Substance abuse; and</text> </paragraph> <paragraph num="(f)"> <text>The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Administrator. If an educator is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and assigned in an administrator or supervisor position, the educator shall submit PDPs which include:</text> <paragraph num="(a)"> <text>Strategies for increasing teacher retention; and</text> </paragraph> <paragraph num="(b)"> <text>Strategies for developing and facilitating teacher leadership.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Professional development points may be accrued by the completion of one of more of the following:</text> <paragraph num="(1)"> <text>College credit earned or taught at an accredited institution of higher education.</text> </paragraph> <paragraph num="(2)"> <text>Continuing professional development (CPD) credits, earned or taught, approved by the Department.</text> </paragraph> <paragraph num="(3)"> <text>Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.</text> </paragraph> <paragraph num="(4)"> <text>Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.</text> </paragraph> <paragraph num="(5)"> <text>Curriculum Development.</text> <paragraph num="(a)"> <text>Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.</text> </paragraph> <paragraph num="(b)"> <text>This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.</text> </paragraph> <paragraph num="(c)"> <text>For each curriculum developed, the Department shall award the educator up to 30 PDPs.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Publication of a Book or Article.</text> <paragraph num="(a)"> <text>The license holder shall ensure that the book or article contributes to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.</text> </paragraph> <paragraph num="(b)"> <text>The educator shall ensure that an article is in a recognized professional journal.</text> </paragraph> <paragraph num="(c)"> <text>The educator shall ensure that books are published for purchase.</text> </paragraph> <paragraph num="(d)"> <text>For each book published, the Department shall award the educator up to 75 PDPs. For each article published, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Mentorship.</text> <paragraph num="(a)"> <text>Mentoring is the process by which an experienced professional who has received mentorship training helps one or more individuals to improve their performance.</text> </paragraph> <paragraph num="(b)"> <text>Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.</text> </paragraph> <paragraph num="(c)"> <text>Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Micro-Credentials.</text> <paragraph num="(a)"> <text>Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.</text> </paragraph> <paragraph num="(b)"> <text>Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.</text> </paragraph> <paragraph num="(c)"> <text>Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.</text> </paragraph> <paragraph num="(d)"> <text>For each micro-credential earned, the Department shall award the educator up to 10 PDPs.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Professional Development Activity.</text> <paragraph num="(a)"> <text>The Department shall accept professional development activities approved by the Department, Maryland local school system, State Agency, a Maryland approved nonpublic school, or another state department of education.</text> </paragraph> <paragraph num="(b)"> <text>The license holder shall ensure that each activity is a minimum of 1 contact hour.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate when subsequently renewing a Maryland Educator License as a substitute for §B of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1989 (15:26 Md. R. 2998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 25, 1989 (16:25 Md. R. 2714); September 17, 1990 (17:18 Md. R. 2201); January 6, 1992 (18:26 Md. R. 2831)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2714); January 6, 1992 (18:26 Md. R. 2831)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective December 25, 1989 (16:25 Md. R. 2714)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed and new Regulations .01—.08 adopted effective November 7, 1994 (21:22 Md. R. 1879)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 23, 2001 (28:14 Md. R. 1323); March 5, 2012 (39:4 Md. R. 337)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D amended effective September 23, 1996 (23:19 Md. R. 1376); January 20, 2003 (30:1 Md. R. 26)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 5, 2012 (39:4 Md. R. 337)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective August 27, 2007 (34:17 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">For a history of certification requirements before January 1, 1989, see the Administrative History for COMAR 13A.07.01.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed under Subtitle 12 Certification Chapter 05 Suspensions and Revocations and new Regulations .01—.15 adopted under Subtitle 12 Educator Licensure Chapter 05 Administrators and Supervisors effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective September 15, 2025 (52:18 Md. R. 924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C amended effective March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> <chapter num="06" heading="Disciplinary Actions and Denials"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Denial” means that an individual may not be issued a license because the individual has committed one or more grounds that could lead to the suspension or revocation of a license.</text> </paragraph> <paragraph num="(2)"> <text>“Grounds” means the basis or cause for denial, suspension, or revocation.</text> </paragraph> <paragraph num="(3)"> <text>“Petition” means the written request for denial, suspension, or revocation.</text> </paragraph> <paragraph num="(4)"> <text>“Revocation” means that an educator’s license is withdrawn permanently.</text> </paragraph> <paragraph num="(5)"> <text>“Substantiated” means the allegation is supported by proof or evidence, including: witness statements, photographs, videos, and investigation reports.</text> </paragraph> <paragraph num="(6)"> <text>“Suspension” means that an educator’s license is withdrawn for a specified period of time.</text> </paragraph> <paragraph num="(7)"> <text>“Voluntarily surrendered” means a license holder relinquishes the license while under investigation for grounds that could lead to the suspension or revocation of the license, or while a suspension or revocation action is pending against the license holder, and is equivalent to a revocation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Grounds for Disciplinary Action or Denial."> <paragraph num="A."> <text>The State Superintendent of Schools shall suspend, deny, or revoke a license and all specific license areas issued under this subtitle for the grounds set forth in this regulation.</text> </paragraph> <paragraph num="B."> <text>Suspension Only. A license may be suspended by the State Superintendent of Schools under the following conditions:</text> <paragraph num="(1)"> <text>Breach of Contract. A license may be suspended for not more than 365 days if the license holder leaves the employment of a local school system after July 15 in the absence of an emergency and without the consent of the local board of education in violation of the provisions of the Regular State Teacher’s Contract set forth in COMAR 13A.07.02.01B. If an emergency arises, the local board may not unreasonably withhold its consent.</text> </paragraph> <paragraph num="(2)"> <text>Failure to Pay Child Support.</text> <paragraph num="(a)"> <text>The State Superintendent of Schools shall suspend a license on notification by the Department of Human Services, Child Support Enforcement Administration, that the license holder’s failure to pay child support meets the criteria for suspension of a license under Family Law Article, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>Before suspending the license, the State Superintendent shall send written notice to the license holder of the proposed suspension and the right to contest the identity of the individual whose license will be suspended.</text> </paragraph> <paragraph num="(c)"> <text>An individual may appeal the decision to suspend a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the administrative law judge shall limit the issue to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was suspended.</text> </paragraph> <paragraph num="(d)"> <text>The State Superintendent shall immediately reinstate any license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the license should be reinstated and the individual otherwise qualifies for the license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension, Revocation, or Denial. The State Superintendent of Schools shall suspend, deny, or revoke a license if the license holder or applicant:</text> <paragraph num="(1)"> <text>Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:</text> <paragraph num="(a)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(b)"> <text>Moral turpitude if the offense bears directly on the individual’s fitness for employment in education;</text> </paragraph> <paragraph num="(c)"> <text>Sexual offense in the third or fourth degree; or</text> </paragraph> <paragraph num="(d)"> <text>A controlled dangerous substance offense if:</text> <paragraph num="(i)"> <text>The offense occurred on school property or during a school event; or</text> </paragraph> <paragraph num="(ii)"> <text>The individual has been convicted and the clerk of the court has certified and reported the controlled dangerous substance conviction to the Department consistent with Criminal Law Article, §5–810, Annotated Code of Maryland, based on a finding by the court that a relationship exists between the conviction and the license;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Willfully and knowingly:</text> <paragraph num="(a)"> <text>Makes a material misrepresentation or concealment as part of any licensure request;</text> </paragraph> <paragraph num="(b)"> <text>Files a false report or record, or makes any false document, as part of any licensure request;</text> </paragraph> <paragraph num="(c)"> <text>Presents a false license or misrepresents one’s licensure status to the Department or an employer; or</text> </paragraph> <paragraph num="(d)"> <text>Commits a violation of the test security and data reporting policy and procedures set forth in COMAR 13A.03.04;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Fraudulently or deceptively obtains a license;</text> </paragraph> <paragraph num="(4)"> <text>Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>Is dismissed after an allegation of misconduct involving a student in any school system or any minor is substantiated;</text> </paragraph> <paragraph num="(6)"> <text>Resigns after notice of allegation of misconduct involving a student in any school system or any minor;</text> </paragraph> <paragraph num="(7)"> <text>Is dismissed after notice of allegation of misconduct involving any grounds for denial, suspension or revocation of a license provided in this regulation is substantiated;</text> </paragraph> <paragraph num="(8)"> <text>Resigns after notice of allegation of misconduct involving any grounds for denial, suspension or revocation of a license provided in this regulation; or</text> </paragraph> <paragraph num="(9)"> <text>Has had a license suspended, revoked, denied, or voluntarily surrendered in another state for a cause which would be grounds for suspension or revocation under this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Revocation or Denial. The State Superintendent of School shall revoke or deny a license if the license holder or applicant:</text> <paragraph num="(1)"> <text>Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:</text> <paragraph num="(a)"> <text>Child abuse or neglect as defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or a comparable crime in another state;</text> </paragraph> <paragraph num="(b)"> <text>Possession, distribution, receipt, or production of child pornography;</text> </paragraph> <paragraph num="(c)"> <text>Sexual solicitation of a minor; or</text> </paragraph> <paragraph num="(d)"> <text>A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is dismissed after an allegation of sexual child abuse is substantiated; or</text> </paragraph> <paragraph num="(3)"> <text>Resigns after notice of allegations of sexual child abuse.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Petition for Disciplinary Action or Denial."> <paragraph num="A."> <text>Except as provided in Regulation .02B(2) of this chapter, the following individuals shall file a petition notifying the State Superintendent of Schools in writing of grounds against a license holder or applicant under Regulation .02 of this chapter:</text> <paragraph num="(1)"> <text>The local superintendent of schools or a state agency employer if the:</text> <paragraph num="(a)"> <text>Individual is currently employed or was employed by the local school system or state agency employer when the conduct occurred; or</text> </paragraph> <paragraph num="(b)"> <text>Conduct is reported to the local school system in a criminal background investigation required under Family Law Article, §§5-550—5-559, Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The administrator of a nonpublic school if the:</text> <paragraph num="(a)"> <text>Individual is currently employed or was employed by the nonpublic school when the conduct occurred; or</text> </paragraph> <paragraph num="(b)"> <text>Conduct is reported to the nonpublic school in a criminal background investigation required under Family Law Article, §§5-550—5-559, Annotated Code of Maryland; or</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Assistant State Superintendent of Educator Effectiveness, or the superintendent’s designee.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The petition shall include all of the following:</text> <paragraph num="(1)"> <text>Name and current or last known address, e-mail, and phone number of the individual against whom the petition is being filed;</text> </paragraph> <paragraph num="(2)"> <text>Type of license or licenses held by the individual against whom the petition is being filed;</text> </paragraph> <paragraph num="(3)"> <text>Specific grounds as set forth in Regulation .02 of this chapter and any evidence, documentation, or other information supporting the grounds for denial, suspension, or revocation;</text> </paragraph> <paragraph num="(4)"> <text>Confirmation that the employee has foregone an appeal or exhausted appeal rights if any employment-related discipline was issued; and</text> </paragraph> <paragraph num="(5)"> <text>A recommendation on the type of disciplinary action that should be issued, including the following considerations:</text> <paragraph num="(a)"> <text>The parties may agree to a joint recommendation to the State Superintendent of Schools on the resolution of the case;</text> </paragraph> <paragraph num="(b)"> <text>The joint recommendation is not binding; and</text> </paragraph> <paragraph num="(c)"> <text>The State Superintendent of Schools may accept or reject the recommendation, as follows:</text> <paragraph num="(i)"> <text>Where the State Superintendent of Schools rejects the recommendation of the petitioner under §A of this regulation, the State Superintendent shall recommend the appropriate disciplinary action; and</text> </paragraph> <paragraph num="(ii)"> <text>The petitioner under §A of this regulation shall adopt the State Superintendent’s recommendation in all proceedings related to the licensing action.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The State Superintendent of Schools shall deny, suspend, or revoke a license upon receipt of a proper petition by a local superintendent of schools, an administrator of a nonpublic school, or the Assistant Superintendent of Educator Licensure and Program Approval identifying the grounds against the license holder.</text> </paragraph> <paragraph num="D."> <text>Before denying, suspending or revoking a license, the State Superintendent of Schools shall:</text> <paragraph num="(1)"> <text>Send the applicant or license holder written notice of the petition; and</text> </paragraph> <paragraph num="(2)"> <text>Advise the applicant or license holder of the right to request a hearing within 30 calendar days of the date of the written notice.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The State Superintendent of Schools shall e-mail and mail one copy of the written notice and the procedures applicable to the denial, suspension, or revocation of a license by certified mail to the current or last known address of the license holder.</text> </paragraph> <paragraph num="F."> <text>The license holder against whom the petition has been filed may request a hearing in writing within 30 calendar days of the date of the written notice specified in §D of this regulation.</text> </paragraph> <paragraph num="G."> <text>If the license holder does not request a hearing in writing on the petition within the 30-day period set forth in §D(2) of this regulation, the State Superintendent of Schools shall deny, suspend or revoke the license.</text> </paragraph> <paragraph num="H."> <text>Voluntary Surrender.</text> <paragraph num="(1)"> <text>An educator who is under investigation for, or facing a petition identifying, grounds for disciplinary action or denial as listed in Regulations .02C and D of this chapter may voluntarily surrender his or her license.</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent of Schools shall treat a license that is voluntarily surrendered as a revocation, and it may not be reinstated except as described in Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Placing an Alert on an Educator’s Record.</text> <paragraph num="(1)"> <text>The Department may place an alert on a licensure record on the request of a local school system, nonpublic school, state agency, or on its own accord, if an educator:</text> <paragraph num="(a)"> <text>Has had action taken on a license by another state; or</text> </paragraph> <paragraph num="(b)"> <text>Is facing the suspension or revocation of a license after being informed of charges by the State Superintendent of Schools.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An alert does not affect the validity of an educator’s license.</text> </paragraph> <paragraph num="(3)"> <text>The local school system, nonpublic school, or state agency shall immediately inform the Department if grounds no longer exist to suspend, deny, or revoke an educator’s license.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall immediately remove the alert from an educator’s record if it becomes aware that grounds no longer exist to deny, suspend or revoke an educator’s license.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Action on an Expired License. The Department may take action against an educator’s license even if the license has expired as long as the basis for the action occurred while the license was active.</text> </paragraph> <paragraph num="K."> <text>Denial.</text> <paragraph num="(1)"> <text>The Department shall deny a license, permanently or for a fixed period of time, to an individual who does not currently hold a license and has committed grounds listed under Regulation .02C of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall deny a license permanently to an individual who does not currently hold a license and has committed grounds listed under Regulation .02D of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>An individual who has been denied a license may appeal the decision through the process outlined in Regulations .03—.07 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>An individual under investigation for grounds under Regulation .02 of this chapter shall remain ineligible for a license pending the result of the investigation.</text> </paragraph> <paragraph num="(5)"> <text>Denial Because of a Failure to Pay Child Support.</text> <paragraph num="(a)"> <text>An individual whose failure to pay child support meets the criteria for denial of a professional license under Family Law Article, §10-119.3, Annotated Code of Maryland, following written notification to the State Superintendent of Schools by the Department of Human Services, Child Support Enforcement Administration, is ineligible for a license.</text> </paragraph> <paragraph num="(b)"> <text>Before denial of a license, the State Superintendent shall send written notice to the individual, including the right to contest the identity of the individual whose license the Superintendent seeks to deny.</text> </paragraph> <paragraph num="(c)"> <text>An individual may appeal the decision to deny a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the issue is limited to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was denied.</text> </paragraph> <paragraph num="(d)"> <text>The State Superintendent shall immediately withdraw the denial of an application for a license if notified by the Department of Human Services, Child Support Enforcement Administration, that the individual is eligible for a professional license and the individual otherwise qualifies for a license.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Hearing Procedures."> <paragraph num="A."> <text>If the license holder requests a hearing in writing within the 30-day period, the State Superintendent of Schools shall promptly refer the case to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="B."> <text>If the written petition was filed against the license holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic school shall present the case before the Office of Administrative Hearings.</text> </paragraph> <paragraph num="C."> <text>Hearing procedures are in accordance with the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.</text> </paragraph> <paragraph num="D."> <text>The administrative law judge shall determine if the grounds against the license holder are supported by a preponderance of the evidence.</text> </paragraph> <paragraph num="E."> <text>The administrative law judge shall submit in writing to the State Superintendent of Schools proposed findings of fact, proposed conclusions of law, and recommendations. The administrative law judge shall distribute this written proposed decision to the parties.</text> </paragraph> <paragraph num="F."> <text>A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Superintendent of Schools within 15 calendar days of the date of the decision, and:</text> <paragraph num="(1)"> <text>The party filing exceptions shall ensure that a copy of the exceptions are provided to the opposing party;</text> </paragraph> <paragraph num="(2)"> <text>An opposing party may respond to the exceptions within 15 calendar days of the date of the exceptions;</text> </paragraph> <paragraph num="(3)"> <text>All parties shall have an opportunity for oral argument before the State Superintendent of Schools before a final decision is made; and</text> </paragraph> <paragraph num="(4)"> <text>The State Superintendent of Schools shall limit oral argument to 15 minutes per side.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Record of Hearings."> <paragraph num="A."> <text>The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.</text> </paragraph> <paragraph num="B."> <text>The Office of Administrative Hearings shall record the proceedings before the administrative law judge.</text> </paragraph> <paragraph num="C."> <text>A party requesting a transcript of the proceedings, or part of the proceedings, shall pay the costs of the transcript, and a party requesting an expedited transcript shall pay the costs of the expedited transcript</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Decisions."> <paragraph num="A."> <text>The State Superintendent of Schools shall make the final decision in all contested cases dealing with the revocation, suspension, or denial of a license.</text> </paragraph> <paragraph num="B."> <text>The State Superintendent of Schools shall make a final decision in writing containing findings of fact and conclusions of law.</text> </paragraph> <paragraph num="C."> <text>The State Superintendent of Schools shall promptly deliver or mail a copy of the decision to each party as well as the party’s attorney of record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Reconsideration of a Decision."> <paragraph num="A."> <text>A party aggrieved by the decision may file a written request for reconsideration with the State Superintendent of Schools within 30 calendar days of the date of the decision.</text> </paragraph> <paragraph num="B."> <text>The party requesting reconsideration shall serve copies of the request on all other parties.</text> </paragraph> <paragraph num="C."> <text>A party filing a response to a request for reconsideration shall do so within 15 calendar days of the date of the request for reconsideration.</text> </paragraph> <paragraph num="D."> <text>Action on the application for reconsideration shall lie at the discretion of the State Superintendent of Schools, except that a decision may not be disturbed unless there is a sufficient indication in the application that new facts material to the issues have been discovered or have occurred after the decision.</text> </paragraph> <paragraph num="E."> <text>The State Superintendent of Schools may refuse to consider facts that the party could have produced at the hearing.</text> </paragraph> <paragraph num="F."> <text>The State Superintendent of Schools may stay the decision at their discretion, on a finding of good cause.</text> </paragraph> <paragraph num="G."> <text>The State Superintendent of Schools may abrogate, change, or modify the original decision, or remand the case to the administrative law judge.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Educator Identification Clearinghouse."> <paragraph num="A."> <text>The Educator Identification Clearinghouse is maintained by the National Association of State Directors of Teacher Education and Certification to provide a mechanism for licensing agencies to exchange names of educators whose licenses have been denied, revoked, suspended, or surrendered.</text> </paragraph> <paragraph num="B."> <text>The State Superintendent of Schools shall notify the Educator Identification Clearinghouse of all surrender, suspension, revocation, and denial decisions as part of the interstate certification data exchange.</text> </paragraph> <paragraph num="C."> <text>The State Superintendent shall only provide final actions that are matters of public record to the Clearinghouse.</text> </paragraph> <paragraph num="D."> <text>The existence of a record in the Educator Identification Clearinghouse alone is not a basis for reciprocal action.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Reinstatement."> <paragraph num="A."> <text>A professional license that has been suspended under this chapter is automatically reinstated at the end of the suspension period if the license did not expire during the period of suspension.</text> </paragraph> <paragraph num="B."> <text>If the license expires during the period of suspension, the holder of the former license may reapply but shall meet the licensure requirements that are in effect when the holder applied for the new license.</text> </paragraph> <paragraph num="C."> <text>If a decision of suspension, revocation, or voluntary surrender is based on Regulation .02C(1) or D(1) of this chapter and if the plea, probation before judgment, or conviction is overturned, or expunged, and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual whose license is suspended, revoked, or voluntarily surrendered may file a written request for reinstatement, including documentation of the final status of the judicial proceeding.</text> </paragraph> <paragraph num="D."> <text>Reinstatement Review Panel.</text> <paragraph num="(1)"> <text>An individual whose license was revoked under Regulation .02C of this chapter or voluntarily surrendered may request that the Reinstatement Review Panel reinstate the license not sooner than 10 years from the date of revocation.</text> </paragraph> <paragraph num="(2)"> <text>The Reinstatement Review Panel shall consist of one member of the Maryland State Board of Education appointed by its president, one member of the Professional Standards and Teacher Education Board appointed by its chairperson, and the State Superintendent of Schools or designee.</text> </paragraph> <paragraph num="(3)"> <text>The individual seeking reinstatement shall submit to the Reinstatement Review Panel a written request showing credible evidence, by affidavit or otherwise, of the factors set out in §C(4) of this regulation, and may request an opportunity to appear in person before the Panel.</text> </paragraph> <paragraph num="(4)"> <text>The Reinstatement Review Panel shall consider the following facts in evaluating a petition for reinstatement:</text> <paragraph num="(a)"> <text>The nature and circumstances of the individual’s original misconduct;</text> </paragraph> <paragraph num="(b)"> <text>The individual’s subsequent conduct and reformation;</text> </paragraph> <paragraph num="(c)"> <text>The individual’s present character; and</text> </paragraph> <paragraph num="(d)"> <text>The individual’s present qualifications and competence.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Reinstatement Review Panel may place conditions upon a reinstatement, including requiring an individual to complete ethics training.</text> </paragraph> <paragraph num="(6)"> <text>On unanimous vote of the Reinstatement Review Panel and if the individual has met all current licensure requirements, and subject to any conditions placed on the reinstatement by the Reinstatement Review Panel, the State Superintendent of Schools shall reinstate the license.</text> </paragraph> <paragraph num="(7)"> <text>On the Reinstatement Review Panel’s request, MSDE staff may advise the panel regarding the licensure regulations.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A license revoked or voluntarily surrendered while an educator is under investigation for, or facing a petition identifying, grounds under Regulation .02D of this chapter may not be reinstated.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §6-706, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 6, 1994 (21:11 Md. R. 953)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 recodified and new Regulation .01 adopted effective December 28, 1998 (25:26 Md. R. 1926)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed under Subtitle 12 Certification Chapter 06 Professional Standards and Teacher Education Board and new Regulations .01—.09 adopted under Subtitle 12 Educator Licensure Chapter 06 Disciplinary Actions and Denials effective April 1, 2024 (51:5 Md R. 231)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, C amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, D amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D, E amended effective October 27, 2025 (52:21 Md. R. 1025)</annotation> </annotations> </chapter> <chapter num="07" heading="Professional Standards and Teacher Education Board"> <regulation prefix="Regulation" num=".01" heading="Promulgation of Regulations."> <paragraph num="A."> <text>The State Board of Education and the Professional Standards and Teacher Education Board (PSTEB) shall develop for consideration regulations for:</text> <paragraph num="(1)"> <text>The licensure of teachers and other professional personnel; and</text> </paragraph> <paragraph num="(2)"> <text>Requirements for preparation of teachers and other education personnel.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Regulations that are initiated by either the State Board or the PSTEB and submitted for review to the non-initiating Board shall be acted on within 60 days by the non-initiating Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Review Board — Scope."> <paragraph num="A."> <text>The procedures in Regulations .03—.08 of this chapter govern all appeals from rulings of the Department’s licensure staff taken to the Review Board of the PSTEB.</text> </paragraph> <paragraph num="B."> <text>The appeals do not constitute contested cases under the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Review Board — Method of Appeal."> <paragraph num="A."> <text>An appellant seeking review by the Review Board shall file a written request for appeal within 30 days from the date the appellant receives notice of the ruling of the licensure staff.</text> </paragraph> <paragraph num="B."> <text>The appellant shall address this written request for appeal to the chairperson of the Review Board, with a copy to the Assistant State Superintendent for Educator Licensure and Program Approval.</text> </paragraph> <paragraph num="C."> <text>The written request for appeal shall specify whether the appeal is to be on the record under Regulation .03 of this chapter or in person under Regulation .04 of this chapter. It shall include a statement of the appellant’s objections to the ruling of the licensure staff and the reasons supporting each objection.</text> </paragraph> <paragraph num="D."> <text>On receipt of a copy of the request, the Assistant State Superintendent for Educator Licensure and Program Approval shall:</text> <paragraph num="(1)"> <text>Cause the entire file concerning the ruling to be transmitted to the Review Board;</text> </paragraph> <paragraph num="(2)"> <text>Acknowledge receipt of the request in writing to the appellant;</text> </paragraph> <paragraph num="(3)"> <text>Send a copy of this chapter to the appellant; and</text> </paragraph> <paragraph num="(4)"> <text>Schedule the appeal promptly before the Review Board, allowing reasonable advance notice to all parties.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Review Board — Appeal on the Record."> <paragraph num="A."> <text>At the appellant’s option, the Review Board may make findings and submit recommendations to the PSTEB based solely on the written record.</text> </paragraph> <paragraph num="B."> <text>The appellant may provide additional relevant documents to the Review Board, and shall submit a written statement explaining the appellant’s position. A party seeking to file additions to the file shall do so at least 15 days before the scheduled appeal.</text> </paragraph> <paragraph num="C."> <text>Licensure staff may submit a written response to the appellant’s statement and provide any additional relevant documents to the Review Board at least 10 days before the scheduled appeal.</text> </paragraph> <paragraph num="D."> <text>The appellant may submit a written reply to staff’s response at least 5 days before the scheduled appeal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Review Board — Appeal in Person."> <paragraph num="A."> <text>At the written request of the appellant, the Review Board shall allow oral argument on the appeal.</text> </paragraph> <paragraph num="B."> <text>The Review Board shall limit oral presentations at the hearing to 15 minutes for a representative of the licensure staff, followed by 15 minutes for the appellant.</text> </paragraph> <paragraph num="C."> <text>The Review Board may ask questions of either party. Other oral presentation or testimony is not permitted.</text> </paragraph> <paragraph num="D."> <text>Both parties may present a written summary of their oral presentation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Review Board — Findings and Recommendations."> <paragraph num="A."> <text>The Review Board shall deliberate the appeal in closed session and, by majority of the quorum present, make findings and recommendations to the PSTEB.</text> </paragraph> <paragraph num="B."> <text>The Review Board shall submit its findings and recommendations by the chairperson in a written report to the PSTEB. The Review Board shall ensure this report includes:</text> <paragraph num="(1)"> <text>Issues in question;</text> </paragraph> <paragraph num="(2)"> <text>Findings of fact;</text> </paragraph> <paragraph num="(3)"> <text>Conclusions of law; and</text> </paragraph> <paragraph num="(4)"> <text>Recommendations and reasons for them.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Review Board — Exceptions."> <paragraph num="A."> <text>The appellant may file written exceptions to the Review Board’s findings and recommendations by submitting these exceptions to the chairperson of the PSTEB within 15 days from the date of the Review Board’s report.</text> </paragraph> <paragraph num="B."> <text>The licensure staff may file a written response to the exceptions within 10 days of the date the exceptions are filed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Review Board — Final Determination."> <paragraph num="A."> <text>The PSTEB shall make the final determination in each appeal from rulings of the licensure staff.</text> </paragraph> <paragraph num="B."> <text>Before making a final determination, the PSTEB shall provide each member with:</text> <paragraph num="(1)"> <text>A copy of the ruling of the licensure staff which is the subject of the appeal;</text> </paragraph> <paragraph num="(2)"> <text>The written request for appeal;</text> </paragraph> <paragraph num="(3)"> <text>The written report of the Review Board;</text> </paragraph> <paragraph num="(4)"> <text>Any documents in the file cited in the report; and</text> </paragraph> <paragraph num="(5)"> <text>Any written exceptions and response to exceptions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Department shall make the entire appeal file available to the PSTEB members on request.</text> </paragraph> <paragraph num="D."> <text>The PSTEB shall, by majority vote of the quorum present, accept or reject the recommendation of the Review Board. The decision of the PSTEB is final.</text> </paragraph> <paragraph num="E."> <text>The chairperson of the PSTEB shall notify the appellant in writing of the final determination, including the rationale for it.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§6-701 and 6-704, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 1, 2024 (51:5 Md R. 231)</annotation> </annotations> </chapter> </subtitle> <subtitle num="13" heading="Maryland Infants and Toddlers Program"> <chapter num="01" heading="Provision of Early Intervention Services to Infants and Toddlers and Their Families"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement Part C of the Individuals with Disabilities Education Act (IDEA), 34 CFR 303, and Education Article, Title 8, Subtitle 4, Annotated Code of Maryland, which assure the provision of services for all eligible infants and toddlers, birth until the beginning of the school year following the child’s fourth birthday, and their families, in accordance with the child’s Individualized Family Service Plan (IFSP).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to the Department and other State or local public agencies that participate in the local interagency system of services that provide early intervention services to eligible infants and toddlers, birth until the beginning of the school year following the child’s fourth birthday, and their families, in accordance with the child’s Individualized Family Service Plan (IFSP), consistent with the Act and 34 CFR §303.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Individuals with Disabilities Education Act as amended, 20 U.S.C. §1400 et seq.</text> </paragraph> <paragraph num="(2)"> <text>“Adjusted age” means, for children born before 37 weeks gestation, the number of weeks born prematurely subtracted from the infant’s chronological age. An infant’s adjusted age is used until the infant’s adjusted age is 12 months.</text> </paragraph> <paragraph num="(3)"> <text>“Annual evaluation” means the meeting conducted at least once a year to evaluate a child’s IFSP and to revise its provisions, as appropriate.</text> </paragraph> <paragraph num="(4)"> <text>“Appropriate professional requirements” means entry-level requirements for personnel providing early intervention services that:</text> <paragraph num="(a)"> <text>Are based on the highest requirements in the State applicable to the profession or discipline in which a person is providing early intervention services; and</text> </paragraph> <paragraph num="(b)"> <text>Establish suitable qualifications for personnel providing early intervention services to eligible children and their families, who are served by State, local, and private agencies.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Assessment” means ongoing procedures used by qualified personnel throughout the period of a child's eligibility to identify the:</text> <paragraph num="(a)"> <text>Child's unique strengths and needs;</text> </paragraph> <paragraph num="(b)"> <text>Services appropriate to meet those needs;</text> </paragraph> <paragraph num="(c)"> <text>Resources, priorities, and concerns of the family; and</text> </paragraph> <paragraph num="(d)"> <text>Supports and services necessary to enhance the family's capacity to meet the developmental needs of the child.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Assistive Technology Device.</text> <paragraph num="(a)"> <text>“Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities.</text> </paragraph> <paragraph num="(b)"> <text>“Assistive technology device” does not include:</text> <paragraph num="(i)"> <text>A medical device that is surgically implanted, including a cochlear implant; or</text> </paragraph> <paragraph num="(ii)"> <text>The optimization, maintenance, or replacement of that device.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>Assistive Technology Service.</text> <paragraph num="(a)"> <text>“Assistive technology service” means a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.</text> </paragraph> <paragraph num="(b)"> <text>“Assistive technology service” includes:</text> <paragraph num="(i)"> <text>Evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;</text> </paragraph> <paragraph num="(ii)"> <text>Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;</text> </paragraph> <paragraph num="(iii)"> <text>Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;</text> </paragraph> <paragraph num="(iv)"> <text>Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;</text> </paragraph> <paragraph num="(v)"> <text>Training or technical assistance for a child with disabilities or, if appropriate, that child's family; and</text> </paragraph> <paragraph num="(vi)"> <text>Training or technical assistance for professionals, including individuals providing education and rehabilitation services, or other individuals who provide services to or are otherwise substantially involved in the major life functions of infants and toddlers with disabilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>Audiology. “Audiology” means services which include:</text> <paragraph num="(a)"> <text>Identification of children with auditory impairment, using at-risk criteria and appropriate audiologic screening techniques;</text> </paragraph> <paragraph num="(b)"> <text>Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;</text> </paragraph> <paragraph num="(c)"> <text>Referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairment;</text> </paragraph> <paragraph num="(d)"> <text>Provision of auditory training, aural rehabilitation, speech reading and listening devices, orientation and training, and other services;</text> </paragraph> <paragraph num="(e)"> <text>Provision of services for prevention of hearing loss; and</text> </paragraph> <paragraph num="(f)"> <text>Determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Consent.</text> <paragraph num="(a)"> <text>“Consent” means a parent:</text> <paragraph num="(i)"> <text>Has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;</text> </paragraph> <paragraph num="(ii)"> <text>Understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the early intervention records, if any, that will be released and to whom; and</text> </paragraph> <paragraph num="(iii)"> <text>Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Consent” includes consent given to an action before a parent revokes consent, so that revocation is not retroactive and does not negate an action that occurred after the consent was given and before the consent was revoked.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Day” means a calendar day unless otherwise specified.</text> </paragraph> <paragraph num="(11)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(12)"> <text>“Developmental Delay” means the presence of:</text> <paragraph num="(a)"> <text>A 25 percent delay, using a child’s adjusted or chronological age and as measured and verified by appropriate diagnostic instruments and procedures, in one or more of the following developmental areas:</text> <paragraph num="(i)"> <text>Cognitive development;</text> </paragraph> <paragraph num="(ii)"> <text>Physical development, including vision and hearing;</text> </paragraph> <paragraph num="(iii)"> <text>Communication development;</text> </paragraph> <paragraph num="(iv)"> <text>Social or emotional development; or</text> </paragraph> <paragraph num="(v)"> <text>Adaptive development;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Atypical development or behavior, which:</text> <paragraph num="(i)"> <text>Is demonstrated by abnormal quality of performance and function in one or more of the above specified developmental areas; or</text> </paragraph> <paragraph num="(ii)"> <text>Interferes with current development, and is likely to result in subsequent delay (even when diagnostic instruments or procedures do not document a 25 percent delay); or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A diagnosed physical or mental condition that has a high probability of resulting in developmental delay, with examples of these conditions including:</text> <paragraph num="(i)"> <text>Chromosomal abnormalities;</text> </paragraph> <paragraph num="(ii)"> <text>Genetic or congenital disorders;</text> </paragraph> <paragraph num="(iii)"> <text>Severe sensory impairments;</text> </paragraph> <paragraph num="(iv)"> <text>Inborn errors of metabolism;</text> </paragraph> <paragraph num="(v)"> <text>Disorders reflecting disturbance of the development of the nervous system;</text> </paragraph> <paragraph num="(vi)"> <text>Congenital infections;</text> </paragraph> <paragraph num="(vii)"> <text>Disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; and</text> </paragraph> <paragraph num="(viii)"> <text>Severe attachment disorders.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Duration” means the period of time over which services will be provided, such as when the child is expected to achieve the results or outcomes in his or her IFSP.</text> </paragraph> <paragraph num="(14)"> <text>“Early intervention record” means any personally identifiable information, as defined in §B(48) of this regulation, about a child or the child’s family generated by the early intervention system which pertains to:</text> <paragraph num="(a)"> <text>Evaluation and assessment;</text> </paragraph> <paragraph num="(b)"> <text>Development of an individualized family service plan; or</text> </paragraph> <paragraph num="(c)"> <text>The delivery of early intervention services.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>Early Intervention Services (EIS).</text> <paragraph num="(a)"> <text>“Early intervention services” means continuous developmental services designed to meet the needs of an infant or toddler with a disability and the needs of the family to appropriately assist in the child’s development that:</text> <paragraph num="(i)"> <text>Are selected in collaboration with the parents;</text> </paragraph> <paragraph num="(ii)"> <text>Meet the standards of the State;</text> </paragraph> <paragraph num="(iii)"> <text>Are provided at no cost; and</text> </paragraph> <paragraph num="(iv)"> <text>Are under public supervision by qualified personnel.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Early intervention services” include, but are not limited to:</text> <paragraph num="(i)"> <text>Assistive technology;</text> </paragraph> <paragraph num="(ii)"> <text>Audiology;</text> </paragraph> <paragraph num="(iii)"> <text>Family training, counseling, and home visits;</text> </paragraph> <paragraph num="(iv)"> <text>Health services;</text> </paragraph> <paragraph num="(v)"> <text>Medical services for diagnostic or evaluation purposes;</text> </paragraph> <paragraph num="(vi)"> <text>Nursing services;</text> </paragraph> <paragraph num="(vii)"> <text>Nutrition services;</text> </paragraph> <paragraph num="(viii)"> <text>Occupational therapy;</text> </paragraph> <paragraph num="(ix)"> <text>Physical therapy;</text> </paragraph> <paragraph num="(x)"> <text>Psychological services;</text> </paragraph> <paragraph num="(xi)"> <text>Service Coordination;</text> </paragraph> <paragraph num="(xii)"> <text>Sign language and cued language services;</text> </paragraph> <paragraph num="(xiii)"> <text>Social work services;</text> </paragraph> <paragraph num="(xiv)"> <text>Special instruction;</text> </paragraph> <paragraph num="(xv)"> <text>Speech-language pathology;</text> </paragraph> <paragraph num="(xvi)"> <text>Transportation; and</text> </paragraph> <paragraph num="(xvii)"> <text>Vision services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(16)"> <text>Early Intervention Service (EIS) Provider.</text> <paragraph num="(a)"> <text>“Early intervention service provider” means a public, private, or nonprofit entity or individual that provides early intervention services, consistent with 34 CFR §303.12.</text> </paragraph> <paragraph num="(b)"> <text>“Early intervention service provider” may include the Department as the lead public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education.</text> </paragraph> <paragraph num="(18)"> <text>“Eligible child” or “eligible children” means infants or toddlers with a disability as defined in §B(28) of this regulation.</text> </paragraph> <paragraph num="(19)"> <text>Evaluation.</text> <paragraph num="(a)"> <text>“Evaluation” means the procedures used by qualified personnel to determine a child's initial and continuing eligibility for early intervention services as an infant or toddler with a disability as defined in §B(28) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>“Evaluation” includes determining the child’s status in each of the following developmental areas:</text> <paragraph num="(i)"> <text>Cognitive development;</text> </paragraph> <paragraph num="(ii)"> <text>Physical development, including vision and hearing;</text> </paragraph> <paragraph num="(iii)"> <text>Communication development;</text> </paragraph> <paragraph num="(iv)"> <text>Social or emotional development; and</text> </paragraph> <paragraph num="(v)"> <text>Adaptive development.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(20)"> <text>“Extended school year (ESY)” means the individualized extension of specific special education and related services as defined in COMAR 13A.05.01.03B(26).</text> </paragraph> <paragraph num="(21)"> <text>“Family training, counseling, and home visits” means services provided, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an infant or toddler with a disability in understanding the special needs of the child and enhancing the child's development.</text> </paragraph> <paragraph num="(22)"> <text>“Free appropriate public education” (FAPE) has the meaning stated in 34 CFR §303.15 and COMAR 13A.05.01.03B(27).</text> </paragraph> <paragraph num="(23)"> <text>“Frequency” means the rate at which services are provided, including the number of sessions over a particular period of time, such as daily, weekly, or monthly.</text> </paragraph> <paragraph num="(24)"> <text>Health Services.</text> <paragraph num="(a)"> <text>“Health services” means services necessary to enable a child to benefit from other early intervention services during the time the child is receiving early intervention services, consistent with 34 CFR §303.16.</text> </paragraph> <paragraph num="(b)"> <text>“Health services” include, but are not limited to:</text> <paragraph num="(i)"> <text>Clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or osteotomy collection bags, and other health services; and</text> </paragraph> <paragraph num="(ii)"> <text>Consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Health services” do not include:</text> <paragraph num="(i)"> <text>Services which are surgical in nature such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus;</text> </paragraph> <paragraph num="(ii)"> <text>Services purely medical in nature such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose;</text> </paragraph> <paragraph num="(iii)"> <text>Services that are related to implementation, optimization (e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including cochlear implant;</text> </paragraph> <paragraph num="(iv)"> <text>Devices necessary to control or treat a medical condition such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps; and</text> </paragraph> <paragraph num="(v)"> <text>Medical health services such as immunizations and regular well-baby care that are routinely recommended for all children.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(25)"> <text>“Homeless children” has the meaning stated in section 725 of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. for homeless children and youths.</text> </paragraph> <paragraph num="(26)"> <text>“Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.</text> </paragraph> <paragraph num="(27)"> <text>“Individualized education program (IEP)” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§300.320 —300.324 and COMAR 13A.05.01.08 and .09.</text> </paragraph> <paragraph num="(28)"> <text>“Individualized family service plan” means a written plan for providing early intervention and other services to an eligible child and the child’s family, consistent with 34 CFR §303.344 that is:</text> <paragraph num="(a)"> <text>Based on the multidisciplinary evaluation and assessment of the child, and the assessment of the child's family, in accordance with 34 CFR §303.321;</text> </paragraph> <paragraph num="(b)"> <text>Written to include the content specified in 34 CFR §300.344;</text> </paragraph> <paragraph num="(c)"> <text>Implemented as soon as possible, but not more than 30 days following receipt of parental consent, consistent with 34 CFR §303.420; and</text> </paragraph> <paragraph num="(d)"> <text>Developed jointly by the family and appropriate qualified personnel involved in the provision of early intervention services, in accordance with 34 CFR §§303.342, 303.343, and §303.345.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>Infant or Toddler with a Disability.</text> <paragraph num="(a)"> <text>“Infant or toddler with a disability” means a child, birth through 2 years old, who is eligible for early intervention services, as documented by appropriate qualified personnel, as having a developmental delay as defined by §B(11) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>A child, 3 years old until the beginning of the school year following the child’s fourth birthday, who:</text> <paragraph num="(i)"> <text>Previously received early intervention services, in accordance with Part C of the Act and this chapter; and</text> </paragraph> <paragraph num="(ii)"> <text>Is identified as a child with a developmental delay or disability, consistent with 34 CFR §300.8 and COMAR 13A.05.01.06.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Intensity” means whether a service is provided on an individual or group basis.</text> </paragraph> <paragraph num="(31)"> <text>“Interim service coordinator” means the individual designated at the single point of entry to assist the referred child and family through the initial multidisciplinary evaluation and assessment and individualized family service plan process.</text> </paragraph> <paragraph num="(32)"> <text>“Length” means the length of time a service is provided during each session of that service.</text> </paragraph> <paragraph num="(33)"> <text>“Local governing authority” means the local elected official or officials with executive authority in each jurisdiction.</text> </paragraph> <paragraph num="(34)"> <text>“Local lead agency” means the public agency designated by the local governing authority in each county and Baltimore City to administer the interagency system of early intervention services under the direction of the Department, in accordance with Education Article, §8-416, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(35)"> <text>“Local school system” means any of the 24 public school systems in the State responsible for providing public elementary or secondary education.</text> </paragraph> <paragraph num="(36)"> <text>“Location” means the actual place or places where a service will be provided.</text> </paragraph> <paragraph num="(37)"> <text>“Maryland Infants and Toddlers Program” means the program within the Department responsible for the planning, supervision, monitoring, and technical assistance for the implementation of Part C of the Act and this chapter.</text> </paragraph> <paragraph num="(38)"> <text>“Medical services” means services provided by a licensed physician for diagnostic or evaluation purposes to determine a child's developmental status and need for early intervention services.</text> </paragraph> <paragraph num="(39)"> <text>“Method” means how a service is provided.</text> </paragraph> <paragraph num="(40)"> <text>“Multidisciplinary” means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities and the development of the IFSP consistent with 34 CFR §303.24.</text> </paragraph> <paragraph num="(41)"> <text>Native Language.</text> <paragraph num="(a)"> <text>“Native language” means the language or mode of communication normally used by an individual who is limited English proficient, or the language normally used by the parent of the child, consistent with 34 CFR §303.25.</text> </paragraph> <paragraph num="(b)"> <text>“Native language” includes the language of the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.</text> </paragraph> <paragraph num="(c)"> <text>“Native language” includes the mode of communication that is normally used by an individual:</text> <paragraph num="(i)"> <text>Who is blind or visually impaired;</text> </paragraph> <paragraph num="(ii)"> <text>Who is deaf or hard of hearing; or</text> </paragraph> <paragraph num="(iii)"> <text>With no written language.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(42)"> <text>“Natural environments” means settings that are natural or typical for a same-aged infant or toddler without a disability, including home or community settings, consistent with 34 CFR §303.126.</text> </paragraph> <paragraph num="(43)"> <text>Nursing Services. “Nursing services” means services which include the:</text> <paragraph num="(a)"> <text>Assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;</text> </paragraph> <paragraph num="(b)"> <text>Provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and</text> </paragraph> <paragraph num="(c)"> <text>Administration of medications, treatments, and regimens prescribed by a licensed physician.</text> </paragraph> </paragraph> <paragraph num="(44)"> <text>“Nutritional services” means services which include:</text> <paragraph num="(a)"> <text>Conducting individual assessments in:</text> <paragraph num="(i)"> <text>Nutritional history and dietary intake such as anthropometric, biochemical, and clinical variables;</text> </paragraph> <paragraph num="(ii)"> <text>Feeding skills and feeding problems; and</text> </paragraph> <paragraph num="(iii)"> <text>Food habits and food preferences;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Developing and monitoring appropriate plans to address the nutritional needs of eligible children based on the findings in(a) of this subsection; and</text> </paragraph> <paragraph num="(c)"> <text>Making referrals to appropriate community resources to carry out nutrition goals.</text> </paragraph> </paragraph> <paragraph num="(45)"> <text>Occupational Therapy.</text> <paragraph num="(a)"> <text>“Occupational therapy” means services to address the functional needs of a child related to:</text> <paragraph num="(i)"> <text>The performance of self-help skills;</text> </paragraph> <paragraph num="(ii)"> <text>Adaptive behavior and play; or</text> </paragraph> <paragraph num="(iii)"> <text>Sensory, motor, and postural development.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Occupational therapy” is designed to improve the child's functional ability to perform tasks in home, school, and community settings, and includes:</text> <paragraph num="(i)"> <text>Identification, assessment, and intervention;</text> </paragraph> <paragraph num="(ii)"> <text>Adaptations of the environment;</text> </paragraph> <paragraph num="(iii)"> <text>Selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and</text> </paragraph> <paragraph num="(iv)"> <text>Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(46)"> <text>Parent.</text> <paragraph num="(a)"> <text>“Parent” means:</text> <paragraph num="(i)"> <text>A biological or adoptive parent;</text> </paragraph> <paragraph num="(ii)"> <text>A guardian authorized to act as the child’s parent, or authorized to make early intervention, educational, health, or developmental decisions for the child;</text> </paragraph> <paragraph num="(iii)"> <text>An individual acting in the place of a biological or adoptive parent including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child’s welfare;</text> </paragraph> <paragraph num="(iv)"> <text>A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care; or</text> </paragraph> <paragraph num="(v)"> <text>A surrogate parent who has been appointed in accordance with 34 CFR §303.422 and consistent with Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Parent” does not include:</text> <paragraph num="(i)"> <text>An EIS provider or public agency responsible for the provision of any service to a child or any family member of the child; or</text> </paragraph> <paragraph num="(ii)"> <text>The State, if the child is a ward of the State.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(47)"> <text>Participating Agency.</text> <paragraph num="(a)"> <text>“Participating agency” means an individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement Part C of the Act and the regulations in this chapter with respect to a particular child.</text> </paragraph> <paragraph num="(b)"> <text>“Participating agency” includes the lead agency and EIS providers of services including service coordination, evaluations, and assessments.</text> </paragraph> <paragraph num="(c)"> <text>“Participating agency” does not include primary referral sources, or public agencies that act solely as funding sources for Part C services.</text> </paragraph> </paragraph> <paragraph num="(48)"> <text>“Periodic review” means the multidisciplinary review of the IFSP, conducted every 6 months, or more frequently if conditions warrant, or at the family's request.</text> </paragraph> <paragraph num="(49)"> <text>“Personally identifiable information” means information that includes:</text> <paragraph num="(a)"> <text>The name of:</text> <paragraph num="(i)"> <text>The child;</text> </paragraph> <paragraph num="(ii)"> <text>The child’s parent; or</text> </paragraph> <paragraph num="(iii)"> <text>Other family member;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The address of the child;</text> </paragraph> <paragraph num="(c)"> <text>A personal identifier such as the child's Social Security number or child identification number; and</text> </paragraph> <paragraph num="(d)"> <text>A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.</text> </paragraph> </paragraph> <paragraph num="(50)"> <text>Physical Therapy Services.</text> <paragraph num="(a)"> <text>“Physical therapy services” means services to address the promotion of sensorimotor function through enhancement of:</text> <paragraph num="(i)"> <text>Musculoskeletal status;</text> </paragraph> <paragraph num="(ii)"> <text>Neurobehavioral organization;</text> </paragraph> <paragraph num="(iii)"> <text>Perceptual and motor development;</text> </paragraph> <paragraph num="(iv)"> <text>Cardiopulmonary status; or</text> </paragraph> <paragraph num="(v)"> <text>Effective environmental adaptation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Physical therapy services” includes:</text> <paragraph num="(i)"> <text>Screening, evaluation, and assessment of infants and toddlers to identify movement dysfunction;</text> </paragraph> <paragraph num="(ii)"> <text>Obtaining, interpreting, and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and</text> </paragraph> <paragraph num="(iii)"> <text>Providing individual and group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(51)"> <text>Primary Referral Sources.</text> <paragraph num="(a)"> <text>“Primary referral sources” means an individual, agency, entity, or institution that may suspect an infant or toddler as having a developmental delay who may benefit from EIS.</text> </paragraph> <paragraph num="(b)"> <text>“Primary referral sources” include:</text> <paragraph num="(i)"> <text>Parents;</text> </paragraph> <paragraph num="(ii)"> <text>Physicians;</text> </paragraph> <paragraph num="(iii)"> <text>Child care programs;</text> </paragraph> <paragraph num="(iv)"> <text>Domestic violence shelters and agencies;</text> </paragraph> <paragraph num="(v)"> <text>Early learning programs;</text> </paragraph> <paragraph num="(vi)"> <text>Health care clinics and providers;</text> </paragraph> <paragraph num="(vii)"> <text>Homeless family shelters;</text> </paragraph> <paragraph num="(viii)"> <text>Hospitals, including prenatal and postnatal care facilities;</text> </paragraph> <paragraph num="(ix)"> <text>Public agencies;</text> </paragraph> <paragraph num="(x)"> <text>Public health facilities; and</text> </paragraph> <paragraph num="(xi)"> <text>Staff in the State child welfare system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(52)"> <text>“Profession” means a specific occupational category that:</text> <paragraph num="(a)"> <text>Provides early intervention services to eligible children and their families;</text> </paragraph> <paragraph num="(b)"> <text>Has been established or designated by the State; and</text> </paragraph> <paragraph num="(c)"> <text>Has a required scope of responsibility and degree of supervision.</text> </paragraph> </paragraph> <paragraph num="(53)"> <text>“Psychological services” means services that include:</text> <paragraph num="(a)"> <text>Administering psychological and developmental tests, and other assessment procedures;</text> </paragraph> <paragraph num="(b)"> <text>Interpreting assessment results;</text> </paragraph> <paragraph num="(c)"> <text>Obtaining, integrating, and interpreting information about child behavior and child and family conditions related to learning, mental health, and development; and</text> </paragraph> <paragraph num="(d)"> <text>Planning and managing a program of psychological services including:</text> <paragraph num="(i)"> <text>Psychological counseling for children and parents;</text> </paragraph> <paragraph num="(ii)"> <text>Family counseling;</text> </paragraph> <paragraph num="(iii)"> <text>Consultation on child development;</text> </paragraph> <paragraph num="(iv)"> <text>Parent training; or</text> </paragraph> <paragraph num="(v)"> <text>Education programs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(54)"> <text>“Public agency” means:</text> <paragraph num="(a)"> <text>The lead agency; or</text> </paragraph> <paragraph num="(b)"> <text>Any other agency or political subdivision.</text> </paragraph> </paragraph> <paragraph num="(55)"> <text>“Qualified personnel” means persons who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the personnel are conducting evaluations and assessments or providing early intervention services, including:</text> <paragraph num="(a)"> <text>Audiologists;</text> </paragraph> <paragraph num="(b)"> <text>Family therapists;</text> </paragraph> <paragraph num="(c)"> <text>Nurses;</text> </paragraph> <paragraph num="(d)"> <text>Occupational therapists;</text> </paragraph> <paragraph num="(e)"> <text>Orientation and mobility specialists;</text> </paragraph> <paragraph num="(f)"> <text>Pediatricians and other physicians for diagnostic and evaluation purposes;</text> </paragraph> <paragraph num="(g)"> <text>Physical therapists;</text> </paragraph> <paragraph num="(h)"> <text>Psychologists;</text> </paragraph> <paragraph num="(i)"> <text>Registered dieticians;</text> </paragraph> <paragraph num="(j)"> <text>Social workers;</text> </paragraph> <paragraph num="(k)"> <text>Special educators, including teachers of children with hearing impairments and teachers of children with visual impairments;</text> </paragraph> <paragraph num="(l)"> <text>Speech and language pathologists;</text> </paragraph> <paragraph num="(m)"> <text>Vision specialists, including ophthalmologists and optometrists; and</text> </paragraph> <paragraph num="(n)"> <text>Other services and personnel as defined in §B(15) and (58) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(56)"> <text>“Scientifically based research” has the meaning given in the term Section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended.</text> </paragraph> <paragraph num="(57)"> <text>Screening.</text> <paragraph num="(a)"> <text>“Screening” means procedures or activities carried out by, or under the supervision of, the local lead agency or EIS provider to identify infants and toddlers suspected of having a disability and in need of early intervention services, at the earliest possible age, consistent with 34 CFR §303.320.</text> </paragraph> <paragraph num="(b)"> <text>“Screening” includes the administration of appropriate instruments by qualified personnel.</text> </paragraph> </paragraph> <paragraph num="(58)"> <text>Service Coordination.</text> <paragraph num="(a)"> <text>“Service coordination” means activities to assist and enable an eligible child and the child's family to receive the rights, procedural safeguards, and services that are authorized to be provided under the State's system of early intervention services.</text> </paragraph> <paragraph num="(b)"> <text>“Service coordination” includes:</text> <paragraph num="(i)"> <text>Assisting families in gaining access to, and coordinating the provision of, the early intervention services;</text> </paragraph> <paragraph num="(ii)"> <text>Coordinating the performance of evaluations and assessments;</text> </paragraph> <paragraph num="(iii)"> <text>Facilitating and participating in the development, review, and evaluation of individualized family service plans;</text> </paragraph> <paragraph num="(iv)"> <text>Coordinating, facilitating, and monitoring the delivery of service across agencies to ensure that the services are provided in a timely manner;</text> </paragraph> <paragraph num="(v)"> <text>Conducting follow-up activities to determine that appropriate early intervention services are provided;</text> </paragraph> <paragraph num="(vi)"> <text>Informing families of their rights and procedural safeguards;</text> </paragraph> <paragraph num="(vii)"> <text>Coordinating the funding sources for early intervention services;</text> </paragraph> <paragraph num="(viii)"> <text>Facilitating the development of a transition plan to preschool, school, or other services, if appropriate;</text> </paragraph> <paragraph num="(ix)"> <text>Informing families of the availability of advocacy services;</text> </paragraph> <paragraph num="(x)"> <text>Coordinating with medical and health providers; and</text> </paragraph> <paragraph num="(xi)"> <text>Assisting families to get required immunizations for eligible children, in compliance with COMAR 10.06.04.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(59)"> <text>“Service coordinator” means the individual designated in the IFSP to carry out service coordination activities.</text> </paragraph> <paragraph num="(60)"> <text>Sign Language and Cued Language Services.</text> <paragraph num="(a)"> <text>“Sign language and cued language services” means teaching:</text> <paragraph num="(i)"> <text>Sign language;</text> </paragraph> <paragraph num="(ii)"> <text>Cued language; or</text> </paragraph> <paragraph num="(iii)"> <text>Auditory oral language.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Sign language and cued language services” includes providing:</text> <paragraph num="(i)"> <text>Oral transliteration services;</text> </paragraph> <paragraph num="(ii)"> <text>Sign language interpretation; or</text> </paragraph> <paragraph num="(iii)"> <text>Cued language interpretation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(61)"> <text>“Single point of entry” means the contact point in the local jurisdiction designated by each local lead agency to accept referrals from primary referral sources and others who suspect a developmental delay in an infant or toddler.</text> </paragraph> <paragraph num="(62)"> <text>“Social work services” means services that may include:</text> <paragraph num="(a)"> <text>Making home visits to evaluate a child's living conditions and patterns of parent-child interaction;</text> </paragraph> <paragraph num="(b)"> <text>Preparing a psychosocial developmental assessment of the child within the family context;</text> </paragraph> <paragraph num="(c)"> <text>Providing individual and family-group counseling with parents and other family members and appropriate social skill-building activities with the child and parents;</text> </paragraph> <paragraph num="(d)"> <text>Working with those problems in a child's and family's living situation, such as home, community, and any center where early intervention services are provided that affect the child's maximum utilization of early intervention services; and</text> </paragraph> <paragraph num="(e)"> <text>Identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services.</text> </paragraph> </paragraph> <paragraph num="(63)"> <text>“Special instruction” means services that may include:</text> <paragraph num="(a)"> <text>The design of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas including cognitive processes and social interaction;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum planning including the planned interaction of personnel, materials, and time and space that leads to achieving the outcomes in the child’s individualized family service plan;</text> </paragraph> <paragraph num="(c)"> <text>Providing families with information, skills, and support related to enhancing the skill development of the child; and</text> </paragraph> <paragraph num="(d)"> <text>Working with the child to enhance the child's development.</text> </paragraph> </paragraph> <paragraph num="(64)"> <text>“Speech-language pathology” means services which may include:</text> <paragraph num="(a)"> <text>Identification of children with communicative, language, or oral pharyngeal disorders and delays in development of communication skills;</text> </paragraph> <paragraph num="(b)"> <text>Diagnosis and appraisal of specific speech language disorders and delays;</text> </paragraph> <paragraph num="(c)"> <text>Referral for medical or other professional attention necessary for the habilitation or rehabilitation of communicative, language, or oral pharyngeal disorders and delays in development of communication skills; and</text> </paragraph> <paragraph num="(d)"> <text>Provision of habilitative, rehabilitative, or preventative services for communicative or oral pharyngeal disorders and delays in development of communication skills.</text> </paragraph> </paragraph> <paragraph num="(65)"> <text>“Transportation” means the cost of travel that are necessary to enable an eligible child and the child's family to receive early intervention services and includes mileage, travel by taxi, common carrier, or other means, and other related costs, such as tolls and parking expenses.</text> </paragraph> <paragraph num="(66)"> <text>Vision Services.</text> <paragraph num="(a)"> <text>“Vision services” means services that include the evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities;</text> </paragraph> <paragraph num="(b)"> <text>“Vision services” include referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; and</text> </paragraph> <paragraph num="(c)"> <text>“Vision services” include:</text> <paragraph num="(i)"> <text>Communication skills training;</text> </paragraph> <paragraph num="(ii)"> <text>Orientation and mobility training for all environments;</text> </paragraph> <paragraph num="(iii)"> <text>Visual training;</text> </paragraph> <paragraph num="(iv)"> <text>Independent living skills training; and</text> </paragraph> <paragraph num="(v)"> <text>Additional training necessary to activate visual motor abilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(67)"> <text>Ward of the State.</text> <paragraph num="(a)"> <text>“Ward of the State” means a child:</text> <paragraph num="(i)"> <text>For whom a State or county agency or official has been appointed legal guardian; or</text> </paragraph> <paragraph num="(ii)"> <text>Who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Ward of the State” does not include a foster child who has a foster parent who meets the definition of a parent as defined in §B(45) of this regulation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Referral and Screening."> <paragraph num="A."> <text>Referral.</text> <paragraph num="(1)"> <text>A local lead agency shall identify a single point of entry which shall:</text> <paragraph num="(a)"> <text>Coordinate all major child find efforts, consistent with 34 CFR §303.302 and COMAR 13A.13.02.04B; and</text> </paragraph> <paragraph num="(b)"> <text>Be available for use by primary referral sources and others who suspect developmental delay in an infant or toddler.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A local lead agency shall require the referral of a child younger than 3 years old who:</text> <paragraph num="(a)"> <text>Is the subject of a substantiated case of child abuse or neglect; or</text> </paragraph> <paragraph num="(b)"> <text>Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A local lead agency shall seek parental consent for referral of a child younger than 3 years old who directly experiences a substantiated case of trauma due to exposure of violence, as defined in Section 320 of the Family Violence Prevention and Services Act, 42 U.S.C. 10401, et seq.</text> </paragraph> <paragraph num="(4)"> <text>A local lead agency shall ensure primary referral sources refer an infant or toddler as soon as possible, but in no case more than 7 days after the child has been identified.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Screening Procedures.</text> <paragraph num="(1)"> <text>A local lead agency or EIS provider may screen a child younger than 3 years old to determine whether the child is suspected of having a disability, consistent with 34 CFR 303.320.</text> </paragraph> <paragraph num="(2)"> <text>If a local lead agency or EIS provider proposes to screen a child, it shall:</text> <paragraph num="(a)"> <text>Provide the parent notice of the intent to screen the child to identify whether the child is suspected of having a disability, consistent with 34 CFR §303.421;</text> </paragraph> <paragraph num="(b)"> <text>Provide the parent a description of the parent’s right to request an evaluation at any time during the screening process, in accordance with 34 CFR §303.32; and</text> </paragraph> <paragraph num="(c)"> <text>Obtain consent before conducting the screening procedures, in accordance with as required in 34 CFR §303.420(a)(1) and Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the result of screening or other available information indicates that the child is suspected of having a disability, the local lead agency shall:</text> <paragraph num="(a)"> <text>Provide the parents notice of the results consistent with 34 CFR §303.421 and Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Obtain parental consent for evaluation and assessment consistent with 34 CFR §303.420 and Regulation .12 of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Conduct an evaluation and assessment of the child in accordance with 34 CFR §303.321 and Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the result of screening or other available information indicates no suspicion of a disability, the local lead agency or EIS provider shall provide the parents notice of that determination and the parent’s right to request an evaluation, consistent with 34 CFR §303.421.</text> </paragraph> <paragraph num="(5)"> <text>Parents may request and consent to an evaluation at any time during the screening process.</text> </paragraph> <paragraph num="(6)"> <text>The evaluation of the child must be conducted within 45 days from the date of referral, even if the local lead agency or EIS provider has determined the child is not suspected of having a disability in accordance with §B(4) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>A local lead agency is not required to provide:</text> <paragraph num="(a)"> <text>An evaluation of the child unless:</text> <paragraph num="(i)"> <text>The child is suspected of having a disability; or</text> </paragraph> <paragraph num="(ii)"> <text>The parent requests an evaluation; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Early intervention services unless the child is determined to be an infant or toddler with a disability as defined in 34 CFR §303.21 and Regulation .03B(29) of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Evaluation and Assessment."> <paragraph num="A."> <text>Evaluation Procedures.</text> <paragraph num="(1)"> <text>A local lead agency shall ensure:</text> <paragraph num="(a)"> <text>A child receives a timely, comprehensive, multidisciplinary evaluation, consistent with 34 CFR §§303.321, 303.322, and 303.420(a)(2);</text> </paragraph> <paragraph num="(b)"> <text>A parent provides consent before conducting each evaluation and assessment of a child, consistent with 34 CFR §303.321(1) and Regulation .12 of this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Evaluations are administered by qualified personnel.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child’s eligibility.</text> </paragraph> <paragraph num="(3)"> <text>Procedures shall include:</text> <paragraph num="(a)"> <text>Administering an evaluation instrument;</text> </paragraph> <paragraph num="(b)"> <text>Taking the child’s history, including interviewing the parent;</text> </paragraph> <paragraph num="(c)"> <text>Identifying the child’s level of functioning in each of the developmental areas identified in Regulation .03B(12) of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators to understand the full scope of the child’s unique strengths and needs, if necessary, as required in 34 CFR §303.420(a)(1); and</text> </paragraph> <paragraph num="(e)"> <text>Reviewing medical, educational, and other records.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Evaluations and assessments of a child must be conducted in the native language of the child, unless clearly not feasible to do so.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Nondiscrimination. Local lead agencies shall conduct nondiscriminatory evaluation and assessment of children and families, consistent with 34 CFR §303.321(a)(4).</text> </paragraph> <paragraph num="C."> <text>Written Report.</text> <paragraph num="(1)"> <text>The written report shall include:</text> <paragraph num="(a)"> <text>A statement of the child's current health status based on a review of pertinent records and medical history;</text> </paragraph> <paragraph num="(b)"> <text>A statement which describes the child's levels of functioning in each developmental area and the dates of the evaluation and assessment procedures;</text> </paragraph> <paragraph num="(c)"> <text>A statement of criteria, including tests, evaluation materials, and informed clinical opinion; and</text> </paragraph> <paragraph num="(d)"> <text>The signatures and titles of the qualified personnel who administered the evaluation and assessment.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Written reports of evaluations and assessments described in §C(1) of this regulation shall be included in the child’s early intervention record to:</text> <paragraph num="(a)"> <text>Document the results of evaluations and assessments conducted by qualified personnel; and</text> </paragraph> <paragraph num="(b)"> <text>Determine initial eligibility of a child referred for evaluation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Individuals who may have the opportunity to participate in the multidisciplinary evaluation process may include:</text> <paragraph num="(1)"> <text>The child's parent or parents;</text> </paragraph> <paragraph num="(2)"> <text>Other family members; and</text> </paragraph> <paragraph num="(3)"> <text>The interim service coordinator.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Eligibility Determination.</text> <paragraph num="(1)"> <text>Qualified personnel directly involved in the diagnosis of the child or in conducting the evaluation and assessment of the child shall determine the child's eligibility for early intervention services by comparing evaluation results with the criteria for an infant or toddler with a disability as defined in Regulation .03B(29) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Qualified personnel shall use informed clinical opinion when conducting an evaluation and assessment of a child.</text> </paragraph> <paragraph num="(3)"> <text>A local lead agency shall ensure informed clinical opinion:</text> <paragraph num="(a)"> <text>May be used as an independent basis to establish a child’s eligibility for the EIS when the other instruments do not establish eligibility; and</text> </paragraph> <paragraph num="(b)"> <text>May not be used to negate the results of evaluation instruments used to establish eligibility.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A written statement shall document the eligibility decision and be included in the child's early intervention record. The written statement shall include:</text> <paragraph num="(a)"> <text>The names and titles of the qualified personnel determining the child's eligibility;</text> </paragraph> <paragraph num="(b)"> <text>The date of the determination; and</text> </paragraph> <paragraph num="(c)"> <text>The basis for eligibility determination.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A child’s medical and other records may be used to establish eligibility without conducting an evaluation of the child if:</text> <paragraph num="(a)"> <text>The records indicate that the child’s level of functioning in one or more developmental areas constitutes a developmental delay; or</text> </paragraph> <paragraph num="(b)"> <text>The child otherwise meets the criteria for an infant or toddler with a disability as defined in Regulation .03B(29) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the local lead agency determines a child is not eligible, the local lead agency shall provide the parent with prior written notice consistent with 34 CFR §303.421, including the parent’s right to dispute the eligibility determination through dispute resolution mechanisms in accordance with 34 CFR §303.430 and Regulation .14 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Assessments.</text> <paragraph num="(1)"> <text>If a child is eligible for EIS as an infant or toddler with a disability, the child and family shall have:</text> <paragraph num="(a)"> <text>A multidisciplinary assessment of the unique strengths and needs of the child and the identification of services appropriate to meet those needs; and</text> </paragraph> <paragraph num="(b)"> <text>A family-directed assessment of concerns, priorities, and resources of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the child. These assessments may occur simultaneously with the evaluation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Family assessments shall be conducted in the native language of the family member being assessed, unless clearly not feasible to do so.</text> </paragraph> <paragraph num="(3)"> <text>The assessment of the child shall include:</text> <paragraph num="(a)"> <text>A review of the results;</text> </paragraph> <paragraph num="(b)"> <text>Personal observations of the child; and</text> </paragraph> <paragraph num="(c)"> <text>The identification of the child’s needs in each of the developmental areas.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The family assessment shall:</text> <paragraph num="(a)"> <text>Be voluntary for each family member participating in the assessment;</text> </paragraph> <paragraph num="(b)"> <text>Be based on information obtained through:</text> <paragraph num="(i)"> <text>An assessment tool; and</text> </paragraph> <paragraph num="(ii)"> <text>An interview with those family members who elect to participate in the assessment; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Include the family’s description of its concerns, priorities, and resources related to enhancing the child’s development.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Individualized Family Service Plan (IFSP) Team."> <paragraph num="A."> <text>IFSP Team Members.</text> <paragraph num="(1)"> <text>A local lead agency shall ensure the initial IFSP team meeting and the annual IFSP team meeting to evaluate the IFSP of an infant or toddler with a disability shall be multidisciplinary and include the following participants:</text> <paragraph num="(a)"> <text>The parents of the child;</text> </paragraph> <paragraph num="(b)"> <text>The service coordinator who:</text> <paragraph num="(i)"> <text>Has worked with the family since the initial referral of the child; or</text> </paragraph> <paragraph num="(ii)"> <text>Was designated by the public agency to be responsible for implementation of the IFSP;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Individuals directly involved in conducting the evaluations and assessments in accordance with Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Individuals who will provide services to the child or the family, as determined appropriate;</text> </paragraph> <paragraph num="(e)"> <text>Other family members, as requested by the parent, if feasible to do so; and</text> </paragraph> <paragraph num="(f)"> <text>An advocate or individual outside the family, if the parent requests that the individual participate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>At a minimum, the IFSP team shall include:</text> <paragraph num="(a)"> <text>The parent; and</text> </paragraph> <paragraph num="(b)"> <text>Two or more individuals from separate professions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>One of the individuals listed in §A(2)(b) of this regulation shall be the child’s service coordinator.</text> </paragraph> <paragraph num="(4)"> <text>If an individual listed in §A(1) of this regulation is unable to attend a meeting, arrangements shall be made for the individual's involvement through other means, including:</text> <paragraph num="(a)"> <text>Participating in a telephone conference call;</text> </paragraph> <paragraph num="(b)"> <text>Having a knowledgeable authorized representative attend the meeting; or</text> </paragraph> <paragraph num="(c)"> <text>Making pertinent records available at the meeting.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>IFSP Team Meetings.</text> <paragraph num="(1)"> <text>The IFSP team meeting shall be conducted:</text> <paragraph num="(a)"> <text>In a setting and at a time that is convenient to the family; and</text> </paragraph> <paragraph num="(b)"> <text>In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Written notification of the IFSP team meeting shall be provided to the family and other participants early enough before the meeting date to ensure invited individuals will be able to attend.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Development and Review of the IFSP."> <paragraph num="A."> <text>The initial meeting to develop an IFSP for a child evaluated for the first time and determined to be eligible shall be conducted within the 45 days of the referral consistent with 34 CFR §303.310 and Regulation .05 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Maryland IFSP Process.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall provide each local lead agency electronic access to the Maryland IFSP.</text> </paragraph> <paragraph num="(2)"> <text>Each local lead agency shall:</text> <paragraph num="(a)"> <text>Use the Maryland IFSP, consistent with 34 CFR §303.344; and</text> </paragraph> <paragraph num="(b)"> <text>Ensure the development of a child’s initial IFSP, in accordance with §A of this regulation, at an IFSP team meeting unless:</text> <paragraph num="(i)"> <text>The child or parent is unavailable to complete the screening, the initial evaluation, the initial assessment of the child and family, or the initial IFSP due to exceptional family circumstances; or</text> </paragraph> <paragraph num="(ii)"> <text>The parent has not provided consent for the screening, the initial evaluation or the initial assessment of the child despite documented, repeated attempts by the local lead agency or EIS provider to obtain parental consent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>In the event the circumstances described in §B(2)(b) of this regulations exist, the local lead agency shall:</text> <paragraph num="(a)"> <text>Document in the child’s early intervention record the exceptional family circumstances or repeated attempts by the local lead agency or EIS provider to obtain parental consent;</text> </paragraph> <paragraph num="(b)"> <text>Complete the screening, the initial evaluation, the initial assessment, and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in §B(2)(b) of this regulation no longer exist or parental consent is obtained for the initial evaluation and initial assessment of the child;</text> </paragraph> <paragraph num="(c)"> <text>Develop and implement an interim IFSP to the extent appropriate and consistent with §B of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>Provide for the signature of the parent and other parties as required on the Maryland IFSP document;</text> </paragraph> <paragraph num="(e)"> <text>Ensure that early intervention services are provided consistent with 34 CFR §§303.13(a)(8), 303.26, and 303.344:</text> <paragraph num="(i)"> <text>In natural environments, including the home and community settings in which children without disabilities participate, to the maximum extent appropriate; or</text> </paragraph> <paragraph num="(ii)"> <text>In a setting other than the natural environment that is most appropriate, as determined by the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment;</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Implement the EIS as specified in the IFSP as soon as possible, but not later than 30 days from the date of parent consent, except as provided under 34 CFR §303.345;</text> </paragraph> <paragraph num="(g)"> <text>Ensure the provision of service coordination to an eligible child and the child's family, consistent with 34 CFR §§303.12 and 303.31, that includes the:</text> <paragraph num="(i)"> <text>Designation of a service coordinator from the profession most immediately relevant to the child's or family's needs, or who is otherwise qualified to carry out all applicable responsibilities; and</text> </paragraph> <paragraph num="(ii)"> <text>Assignment of responsibility for the implementation of the IFSP and coordination with other agencies and persons; and</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>Identify the actions to be taken to support the transition of children receiving early intervention services to preschool or other appropriate services, consistent with 34 CFR §§303.209, 303.344(h), and Regulation .09 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Interim IFSP.</text> <paragraph num="(1)"> <text>The EIS for an eligible child and the child’s family may commence before the completion of the evaluation and assessments, as described in Regulation .05 of this chapter, if:</text> <paragraph num="(a)"> <text>It is determined that EIS are needed immediately by the child and the child’s family;</text> </paragraph> <paragraph num="(b)"> <text>Parental consent is obtained; and</text> </paragraph> <paragraph num="(c)"> <text>An interim IFSP is developed that includes the name of the service coordinator who will be responsible for:</text> <paragraph num="(i)"> <text>Implementing the interim IFSP; and</text> </paragraph> <paragraph num="(ii)"> <text>Coordinating with other agencies and persons.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An evaluation and assessment shall still be completed within the 45 days of the referral consistent with 34 CFR §303.310 and Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Periodic IFSP Review.</text> <paragraph num="(1)"> <text>Periodic review shall provide for the participation of individuals identified in Regulation .06A of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>When necessary, provisions shall be made for the participation of other representatives identified in Regulation .06A of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A periodic review of an IFSP for a child and the child's family shall be conducted every 6 months, or more frequently if conditions warrant, or if the family requests such a review to determine:</text> <paragraph num="(a)"> <text>The degree to which progress toward achieving the outcomes is being made; and</text> </paragraph> <paragraph num="(b)"> <text>Whether modification or revision of the outcomes is necessary.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The periodic review may occur:</text> <paragraph num="(a)"> <text>At an IFSP team meeting; or</text> </paragraph> <paragraph num="(b)"> <text>By another means that is acceptable to the parents and other participants.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Annual IFSP Review.</text> <paragraph num="(1)"> <text>An IFSP team meeting shall be conducted at least annually to evaluate the IFSP for a child and the child's family, and to revise the provisions of the IFSP, as appropriate.</text> </paragraph> <paragraph num="(2)"> <text>During the annual IFSP team meeting, the results of any current evaluations conducted in accordance with Regulation .05 in this chapter and other information available from the ongoing assessment of the child and family shall be used to determine what EIS are needed and what EIS will be provided.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Individualized Family Service Plan (IFSP) Document."> <paragraph num="A."> <text>The IFSP shall include:</text> <paragraph num="(1)"> <text>A statement of the child’s present levels of physical development, including:</text> <paragraph num="(a)"> <text>Vision;</text> </paragraph> <paragraph num="(b)"> <text>Hearing;</text> </paragraph> <paragraph num="(c)"> <text>Health status;</text> </paragraph> <paragraph num="(d)"> <text>Cognitive development;</text> </paragraph> <paragraph num="(e)"> <text>Communication development;</text> </paragraph> <paragraph num="(f)"> <text>Social or emotional development; and</text> </paragraph> <paragraph num="(g)"> <text>Adaptive development;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A statement of the family’s concerns, priorities, and resources related to enhancing the development of the child as identified through assessment, with the concurrence of the family;</text> </paragraph> <paragraph num="(3)"> <text>A statement of the measurable results or outcomes considered developmentally appropriate and expected to be achieved for the child and family, consistent with 34 CFR §303.344(c), including:</text> <paragraph num="(a)"> <text>Preliteracy;</text> </paragraph> <paragraph num="(b)"> <text>Numeracy;</text> </paragraph> <paragraph num="(c)"> <text>Language skills; and</text> </paragraph> <paragraph num="(d)"> <text>Criteria, procedures, and timeline used to determine:</text> <paragraph num="(i)"> <text>The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and</text> </paragraph> <paragraph num="(ii)"> <text>Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>The projected date for the initiation of each early intervention service;</text> </paragraph> <paragraph num="(5)"> <text>The anticipated duration of each service;</text> </paragraph> <paragraph num="(6)"> <text>The name of the service coordinator from the profession most relevant to the child’s or family’s needs who is responsible for:</text> <paragraph num="(a)"> <text>Implementing the early intervention services identified in a child’s IFSP;</text> </paragraph> <paragraph num="(b)"> <text>Transition services; and</text> </paragraph> <paragraph num="(c)"> <text>Coordination with other agencies and individuals;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The steps and services to be taken to support the smooth transition of the child from EIS to:</text> <paragraph num="(a)"> <text>Preschool services, in accordance COMAR 13A.05.01, to the extent that those services are appropriate;</text> </paragraph> <paragraph num="(b)"> <text>The Extended IFSP Option, consistent with 34 CFR §303.209; or</text> </paragraph> <paragraph num="(c)"> <text>Other appropriate services; and</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The steps to support the smooth transition, including:</text> <paragraph num="(a)"> <text>Discussions with, and training of, parents, as appropriate, regarding future placement as other matters related to the child’s transition;</text> </paragraph> <paragraph num="(b)"> <text>Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;</text> </paragraph> <paragraph num="(c)"> <text>Confirmation that:</text> <paragraph num="(i)"> <text>Child find information about the child has been transmitted to the local school system or other relevant agency, in accordance with 34 CFR §303.209(b); and</text> </paragraph> <paragraph num="(ii)"> <text>With parental consent, if required under 34 CFR §303.414, transmission of additional information needed by the local school system to ensure continuity of services from the Part C program to the Part B program, including a copy of the most recent evaluation and assessments of the child and family and most recent IFSP; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>EIS Providers. EIS providers shall:</text> <paragraph num="(1)"> <text>Participate in the development of an initial IFSP within 45 days from receipt of referral for an eligible child and the child's family;</text> </paragraph> <paragraph num="(2)"> <text>Implement and conduct periodic reviews and annual evaluations of a child’s IFSP consistent with 34 CFR §§303.342—303.343 and established local policies and procedures;</text> </paragraph> <paragraph num="(3)"> <text>Participate in the ongoing multidisciplinary assessment of the child and the family-directed assessment of the resources, priorities and concerns of the family, as it relates to the needs of the child in the development of integrated outcomes for the IFSP;</text> </paragraph> <paragraph num="(4)"> <text>Provide early intervention services in accordance with the IFSP of the infant or toddler with a disability; and</text> </paragraph> <paragraph num="(5)"> <text>Consult with and train parents and others regarding the provision of the early intervention services described in the IFSP of the infant or toddler with a disability.</text> </paragraph> </paragraph> <paragraph num="C."> <text>IFSP Services.</text> <paragraph num="(1)"> <text>The IFSP shall address the needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the child’s development, as identified by the IFSP team, in one or more of the following areas, including:</text> <paragraph num="(a)"> <text>Physical development;</text> </paragraph> <paragraph num="(b)"> <text>Cognitive development;</text> </paragraph> <paragraph num="(c)"> <text>Communication development;</text> </paragraph> <paragraph num="(d)"> <text>Social or emotional development;</text> </paragraph> <paragraph num="(e)"> <text>Adaptive development.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The IFSP shall include, to the extent practicable a statement of the specific early intervention services based on peer-reviewed research that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in §A(3) of this regulation, including:</text> <paragraph num="(a)"> <text>The length, duration, frequency, intensity, and method of delivering the early intervention service, as defined in Regulation.03B of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>A statement that an early intervention service is provided on a year-round basis in the natural environment of the child or service, to the maximum extent appropriate, or a justification as to why an early intervention service will not be provided in the natural environment;</text> </paragraph> <paragraph num="(c)"> <text>The determination of the appropriate setting for providing an early intervention service, including any justification for not providing a particular early intervention service in the natural environment shall be:</text> <paragraph num="(i)"> <text>Made by the IFSP Team;</text> </paragraph> <paragraph num="(ii)"> <text>Consistent with the provisions of 34 CFR §§303.13(a)(8), 303.26, and 303.126; and</text> </paragraph> <paragraph num="(iii)"> <text>Based on the child’s outcomes identified by the IFSP Team;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The location of the early intervention services; and</text> </paragraph> <paragraph num="(e)"> <text>The agency fiscally responsible for the service.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>To the extent appropriate, the IFSP shall:</text> <paragraph num="(a)"> <text>Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded in accordance with Part C of the Act; and</text> </paragraph> <paragraph num="(b)"> <text>Include a description of the steps the service coordinator or family may take to assist the child and family in securing the services above, if those services are not currently being provided.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A public agency or EIS provider who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child’s IFSP.</text> </paragraph> <paragraph num="(5)"> <text>A public agency or EIS provider cannot be held accountable if a child does not achieve the growth projected in the child’s IFSP, consistent with 34 CFR §303.346.</text> </paragraph> <paragraph num="(6)"> <text>The local lead agency shall ensure appropriate early intervention services are based on scientifically based research and are available to infants and toddlers with disabilities and their families, including infants and toddlers with disabilities who are homeless and their families consistent with 34 CFR §303.112.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Transition."> <paragraph num="A."> <text>Notification to the Local School System.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall inform a local school system of potentially eligible children, 2 years old or older, who reside in the jurisdiction served by the local school system.</text> </paragraph> <paragraph num="(2)"> <text>The notification shall be provided electronically on the secure server, within a given timeframe determined by the Maryland Infants and Toddlers Program.</text> </paragraph> <paragraph num="(3)"> <text>A local lead agency is not required to conduct an evaluation, assessment, or an initial IFSP team meeting for the toddler referred to a local lead agency less than 45 days before the toddler’s third birthday.</text> </paragraph> <paragraph num="(4)"> <text>A local lead agency shall refer the toddler to the local school system for the jurisdiction in which the toddler resides, with parental consent as required under §303.414, if a toddler is referred to a local lead agency less than 45 days before the toddler’s third birthday.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Transition Procedures.</text> <paragraph num="(1)"> <text>A local lead agency shall ensure steps and services are identified to support a toddler’s smooth transition, consistent with 34 CFR §§303.209 and 303.344(h) to:</text> <paragraph num="(a)"> <text>Preschool special education;</text> </paragraph> <paragraph num="(b)"> <text>The Extended IFSP Option; or</text> </paragraph> <paragraph num="(c)"> <text>Other appropriate services.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The local lead agency shall:</text> <paragraph num="(a)"> <text>Develop transition outcomes on a child’s IFSP at the IFSP meeting closest to the child’s second birthday; and</text> </paragraph> <paragraph num="(b)"> <text>Convene an IFSP team meeting for transition planning, consistent with requirements in 34 CFR §§303.342(d) and (e) and 303.343(a), with the approval of the parents of the toddler, not less than 90 days, and at the discretion of all parties, not more than 9 months before the toddler’s third birthday, to discuss services the toddler may be eligible to receive.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a toddler with a disability may be eligible for preschool special education services, consistent with COMAR 13A.05.01, the local lead agency, with the approval of the toddler’s family, shall convene an IFSP team meeting, as described in §B(2)(b) of this regulation, with:</text> <paragraph num="(a)"> <text>The toddler’s family;</text> </paragraph> <paragraph num="(b)"> <text>A representative of the local school system; and</text> </paragraph> <paragraph num="(c)"> <text>The toddler’s service coordinator.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the local lead agency determines that a toddler with a disability is not potentially eligible for preschool special education services, the local lead agency, with the approval of the toddler’s family, shall make reasonable efforts to convene an IFSP team meeting, as described in §B(2)(b) of this regulation with:</text> <paragraph num="(a)"> <text>The toddler’s family;</text> </paragraph> <paragraph num="(b)"> <text>The toddler’s service coordinator; and</text> </paragraph> <paragraph num="(c)"> <text>Providers of other appropriate services.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The IFSP team meeting described in §B(2)(b) of this regulation may occur less than 90 days before the toddler’s third birthday, with clear written documentation, if:</text> <paragraph num="(a)"> <text>The toddler is unavailable;</text> </paragraph> <paragraph num="(b)"> <text>The family requests a delay because of other family reasons; or</text> </paragraph> <paragraph num="(c)"> <text>The toddler was referred after 33 months of age.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the IFSP team meeting described in §B(5) of this regulation occurs less than 90 days before the toddler’s third birthday, the local lead agency shall make reasonable attempts to conduct the IFSP team meeting as soon as possible to allow for appropriate transition planning.</text> </paragraph> <paragraph num="(7)"> <text>The IFSP team shall develop a transition plan as part of the child’s IFSP that includes:</text> <paragraph num="(a)"> <text>Steps for the toddler with a disability and the toddler’s family to exit from the Part C program; and</text> </paragraph> <paragraph num="(b)"> <text>The identification of transition services the toddler or the toddler’s family needs.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The local lead agency shall provide the toddler’s parents with:</text> <paragraph num="(a)"> <text>An annual notice consistent with 303.211(b)(1); and</text> </paragraph> <paragraph num="(b)"> <text>Information regarding community options and service delivery models if a toddler:</text> <paragraph num="(i)"> <text>Continues to receive early intervention services in accordance with an Extended IFSP; or</text> </paragraph> <paragraph num="(ii)"> <text>Begins to receive preschool special education services in accordance with an IEP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>If a toddler with a disability may be eligible for preschool special education services, the local school system shall convene an IEP team meeting to determine the child’s eligibility for Part B preschool special education services, consistent with COMAR 13A.05.01.</text> </paragraph> <paragraph num="(10)"> <text>The local school system IEP team meeting described in §B(9) of this regulation shall:</text> <paragraph num="(a)"> <text>Be convened in a timely manner such that eligibility is determined before the toddler’s third birthday; and</text> </paragraph> <paragraph num="(b)"> <text>The toddler’s service coordinator or other Part C representative as a required team member, to participate in the review of existing data on the child’s progress and performance on IFSP outcomes, unless the family requests, in writing, that a Part C representative not participate in the IEP team eligibility meeting.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>If a toddler is determined eligible for Part B preschool special education services, and parents wish for their child to receive services, the parents shall provide informed written consent, consistent with Regulation .12 of this chapter and COMAR §13A.05.01.13 to:</text> <paragraph num="(a)"> <text>Continue early intervention services through an Extended IFSP, including an educational component, as required by §303.344(c); or</text> </paragraph> <paragraph num="(b)"> <text>Receive preschool special education services through an IEP as a student with a disability in accordance with 34 CFR §300.324 and COMAR §13A.05.01.08, and no longer receive Part C services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Extended IFSP Option. If the parent chooses the Extended IFSP Option the local lead agency shall:</text> <paragraph num="(1)"> <text>Acknowledge the parent’s choice and their child’s eligibility by providing the parent prior written notice, in accordance with 34 CFR §300.503 and COMAR §13A.05.01.12; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that early intervention services identified on a toddler’s IFSP includes an educational component that promotes school readiness and incorporates:</text> <paragraph num="(a)"> <text>Preliteracy;</text> </paragraph> <paragraph num="(b)"> <text>Language; and</text> </paragraph> <paragraph num="(c)"> <text>Numeracy skills.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Termination of Extended IFSP Option Services.</text> <paragraph num="(1)"> <text>A parent may choose to terminate participation in early intervention services through an IFSP, at any time after the Extended IFSP Option is chosen, and choose preschool special education services through an IEP.</text> </paragraph> <paragraph num="(2)"> <text>The parent shall notify the local lead agency, in writing, of the choice to terminate early intervention services under the Extended IFSP Option.</text> </paragraph> <paragraph num="(3)"> <text>The local lead agency shall notify the local school system of the parent’s decision to request preschool special education services through an IEP.</text> </paragraph> <paragraph num="(4)"> <text>If a child’s family chooses to terminate early intervention services under an Extended IFSP and initiate services through an IEP, a redetermination of the toddler’s eligibility for special education services in accordance with COMAR 13A.05.01 is not required.</text> </paragraph> <paragraph num="(5)"> <text>Within 45 days of receiving written notification, as described in §D(3) of this regulation, the local school system shall convene an IEP team meeting to develop an IEP and determine the educational placement, in accordance with §F of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>Once a child’s parent makes the choice to terminate early intervention services through an Extended IFSP and pursue services through an IEP, through written notification to the local lead agency, as described in §D(2) of this regulation, the parent cannot continue services through an Extended IFSP beyond the date that IEP services are to begin; or the beginning of the school year following the child’s fourth birthday, whichever occurs sooner.</text> </paragraph> <paragraph num="(7)"> <text>In order to ensure a seamless delivery of services, the local lead agency shall continue to provide early intervention services under an Extended IFSP until the IEP services are to begin or until the beginning of the school year following the child’s fourth birthday, whichever occurs sooner.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Transition Planning Before the Beginning of the School Year Following a Toddler’s Fourth Birthday.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program, local lead agencies, and public agencies shall ensure a smooth transition of a toddler from Part C EIS to preschool, in accordance with 34 CFR §303.211(b)(6)(ii).</text> </paragraph> <paragraph num="(2)"> <text>The local lead agency shall convene an IFSP team transition planning meeting, consistent with requirements in 34 CFR §§303.342(d) and (e) and 303.343(a), with the approval of the child’s family to discuss any preschool special education services that the child may receive and other community options.</text> </paragraph> <paragraph num="(3)"> <text>The IFSP transition planning meeting described in §E(2) of this regulation shall occur not fewer than 90 days, or at the discretion of all parties, not more than 9 months before the toddler will no longer be eligible to receive EIS.</text> </paragraph> <paragraph num="(4)"> <text>The participants of the IFSP team meeting shall include:</text> <paragraph num="(a)"> <text>The toddler’s service coordinator;</text> </paragraph> <paragraph num="(b)"> <text>The child’s family; and</text> </paragraph> <paragraph num="(c)"> <text>A representative of the local school system.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The IFSP team meeting described in §E(2) of this regulation may be held less than 90 days before the beginning of the school year following the child’s fourth birthday, if there is written documentation that:</text> <paragraph num="(a)"> <text>The child is unavailable because of illness; or</text> </paragraph> <paragraph num="(b)"> <text>The family requests a delay because of other family reasons.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the IFSP transition planning meeting described in §E(2) of this regulation is held less than 90 days before the beginning of the school year following the child’s fourth birthday, reasonable attempts must be made to conduct the meeting as soon as possible to allow for appropriate transition planning.</text> </paragraph> <paragraph num="(7)"> <text>The local school system shall convene an IEP team meeting for the purpose of IEP development, consistent with COMAR 13A.05.01.07—.10, before the beginning of the school year following the child’s fourth birthday if the parent wishes to consider preschool special education services.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Preschool IEP Services. If the parent chooses to receive preschool special education services through an IEP, the local school system shall:</text> <paragraph num="(1)"> <text>Convene an IEP team meeting for the purpose of IEP development;</text> </paragraph> <paragraph num="(2)"> <text>At the request of the family, invite the toddler’s service coordinator or other representatives of the local lead agency to attend the IEP team meeting;</text> </paragraph> <paragraph num="(3)"> <text>Develop an IEP, taking into consideration the IFSP, in accordance with 34 CFR §§300.323(b), 300.324 and COMAR §13A.05.01.07—.10; and</text> </paragraph> <paragraph num="(4)"> <text>Consider Extended School Year services for a toddler transitioning to preschool special education services through an IEP whose third birthday falls after the end of one school year and before the beginning of the next school year, consistent with COMAR §13A.05.01.08B(2); and</text> </paragraph> <paragraph num="(5)"> <text>Ensure the IEP is in effect at the beginning of the school year, in accordance with COMAR 13A.05.01.09D(2).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Procedural Safeguards — General Provisions."> <paragraph num="A."> <text>Procedural Safeguards Notice.</text> <paragraph num="(1)"> <text>The local lead agency shall provide a copy of the procedural safeguards to the parents of an infant or toddler with a disability, with prior written notice, in accordance with 34 CFR §303.421(b)(3).</text> </paragraph> <paragraph num="(2)"> <text>The procedural safeguards notice shall include:</text> <paragraph num="(a)"> <text>Confidentiality of personally identifiable information and early intervention record, in accordance with 34 CFR §§303.401—303.417;</text> </paragraph> <paragraph num="(b)"> <text>Parental consent and notice, in accordance with 34 CFR §§303.420—303.422;</text> </paragraph> <paragraph num="(c)"> <text>Surrogate parents, in accordance with 34 CFR §303.422; and</text> </paragraph> <paragraph num="(d)"> <text>Dispute Resolution options, in accordance with 34 CFR §§303.430—303.434, and 303.440—303.449.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Confidentiality of Information. A local lead agency shall ensure the confidentiality of personally identifiable information, in accordance with 34 CFR 99, 34 CFR §§303.401—303.417, and COMAR 13A.08.02.</text> </paragraph> <paragraph num="C."> <text>Opportunity to Examine Records. In accordance with the confidentiality procedures of 34 CFR 99, 34 CFR §§303.405, and COMAR 13A.08.02, the parent of an infant or toddler with a disability shall be given the opportunity to inspect and review their child’s early intervention records collected, maintained, or used by the local lead agency.</text> </paragraph> <paragraph num="D."> <text>The local lead agency shall provide parents an initial copy of their child’s early intervention record at no cost to the parents, in accordance with 34 CFR §303.400(c).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Procedural Safeguards — Prior Written Notice."> <paragraph num="A."> <text>General. Consistent with 34 CFR §303.421, a local lead agency shall provide a parent prior written notice a reasonable time before the local lead agency or an EIS provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family.</text> </paragraph> <paragraph num="B."> <text>Prior Written Notice Content. The notice shall be in sufficient detail to inform the parent of:</text> <paragraph num="(1)"> <text>The action that is being proposed or refused;</text> </paragraph> <paragraph num="(2)"> <text>The reasons for taking the action; and</text> </paragraph> <paragraph num="(3)"> <text>The procedural safeguards, as described in Regulation .10A of this chapter, including:</text> <paragraph num="(a)"> <text>A description of mediation, consistent with 34 CFR §303.431;</text> </paragraph> <paragraph num="(b)"> <text>How to file a State complaint, in accordance with 34 CFR §§303.432 through 303.434; and</text> </paragraph> <paragraph num="(c)"> <text>How to file a due process complaint, consistent 34 CFR §303.430(d), including any timelines.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Native Language.</text> <paragraph num="(1)"> <text>The notice shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so.</text> </paragraph> <paragraph num="(2)"> <text>If the native language used by the parent is not a written language, the local lead agency shall ensure that the notice is translated orally or by other means to the parent, and the parent understands the content of the notice.</text> </paragraph> <paragraph num="(3)"> <text>A public agency shall maintain written documentation that the requirements of §C(1) and (2) of this regulation have been met.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Procedural Safeguards — Consent."> <paragraph num="A."> <text>The local lead agency shall ensure parental consent is obtained before:</text> <paragraph num="(1)"> <text>Administering screening procedures under 34 CFR §303.320 that are used to determine whether a child is suspected of having a disability;</text> </paragraph> <paragraph num="(2)"> <text>All evaluations and assessments of a child are conducted, consistent with 34 CFR §303.321 and Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Early intervention services are provided to the child;</text> </paragraph> <paragraph num="(4)"> <text>Public benefits or insurance or private insurance is used if such consent is required under § 303.520; and</text> </paragraph> <paragraph num="(5)"> <text>Disclosure of personally identifiable information consistent with 34 CFR §303.414.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a parent does not give consent, consistent with §A(1), (2) or (3) of this regulation, the local lead agency must make reasonable efforts to ensure that the parent:</text> <paragraph num="(1)"> <text>Is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and</text> </paragraph> <paragraph num="(2)"> <text>Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The local lead agency shall not use the due process hearing procedures described in Regulation .14C of this chapter to challenge a parent’s refusal to provide any consent that is required in accordance with §A of this regulation.</text> </paragraph> <paragraph num="D."> <text>The parents of an infant or toddler with a disability:</text> <paragraph num="(1)"> <text>Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service at any time; and</text> </paragraph> <paragraph num="(2)"> <text>May decline a service after first accepting it, without jeopardizing other early intervention services.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Procedural Safeguards — Surrogate Parents."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>A local lead agency shall ensure the rights of a child are protected when:</text> <paragraph num="(a)"> <text>No parent can be identified;</text> </paragraph> <paragraph num="(b)"> <text>The lead agency or other public agency, after reasonable efforts, cannot locate a parent; or</text> </paragraph> <paragraph num="(c)"> <text>The child is a ward of the State.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A lead agency shall consult with the public agency assigned care of the child for children who are wards of the State or placed in foster care.</text> </paragraph> <paragraph num="(3)"> <text>If a child is a ward of the State, the surrogate parent may be appointed by the judge overseeing the infant’s or toddler’s case , instead of being appointed by the local lead agency in accordance with §A(1) of this regulation, provided the surrogate parent meets the requirements of §A(5) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Criteria for Selecting Surrogates. The local lead agency shall ensure that a person recommended as a surrogate parent:</text> <paragraph num="(a)"> <text>Has no personal or professional interest that conflicts with the interests of the child the surrogate parent represents; and</text> </paragraph> <paragraph num="(b)"> <text>Has knowledge and skills that ensure adequate representation of the child.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Nonemployee requirement; Compensation.</text> <paragraph num="(a)"> <text>A person assigned as a surrogate parent may not be an employee of the local lead agency or an employee of any service provider involved in the provision of early intervention or other services to the child or the child's family.</text> </paragraph> <paragraph num="(b)"> <text>A person who otherwise qualifies to be a surrogate parent is not an employee of an agency solely because the person is paid by a public agency to be a surrogate parent.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Surrogate Parent Responsibilities. The surrogate parent has the same rights as a parent for all purposes of Part C of the Act and this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Surrogate Parent Appointment.</text> <paragraph num="(1)"> <text>The local lead agency shall appoint a surrogate parent no more than 30 days after the local lead agency determines that the child needs a surrogate parent, consistent with §A(1) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The written notification in §B(1) of this regulation shall include the name or names of an individual or individuals appropriately qualified to fulfill the role of a surrogate parent, consistent with §A(4) and (5) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The local lead agency shall notify State Superintendent of Schools, or the Superintendent's designee, in writing, of the surrogate parent appointment not more than 10 days after the appointment.</text> </paragraph> <paragraph num="(4)"> <text>The notification described in §B(3) of this regulation shall include the child’s name, the name of the surrogate parent, and any other information deemed applicable.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Limited Civil Liability.</text> <paragraph num="(1)"> <text>A child entrusted to a surrogate parent shall be represented by that surrogate parent in the early intervention services decision making process.</text> </paragraph> <paragraph num="(2)"> <text>A surrogate parent is not liable to the child entrusted to the surrogate parent or to the parent of that child for any damages that result from acts or omissions of that surrogate parent constituting ordinary negligence.</text> </paragraph> <paragraph num="(3)"> <text>The immunity does not apply to liability covered by any applicable insurance, to the extent of that coverage, or to acts or omissions constituting gross, willful, or wanton negligence.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Procedural Safeguards — Dispute Resolution."> <paragraph num="A."> <text>Written State Complaint Procedures. The Department shall receive and resolve any early intervention State complaint filed by any party regarding any violation of Part C of the Act in accordance with 34 CFR §§303.432—303.434, and COMAR 13A.05.01.15A.</text> </paragraph> <paragraph num="B."> <text>Mediation. Any party may request mediation to resolve a dispute involving any matter related to the provision of early intervention services, including matters arising prior to the filing of a due process complaint, in accordance with 34 CFR §303.431, and COMAR 13A.05.01.15B.</text> </paragraph> <paragraph num="C."> <text>Due Process Hearing Procedures.</text> <paragraph num="(1)"> <text>The Department shall provide for impartial resolution of individual child complaints concerning any matter related to the provision of early intervention services in accordance with 34 CFR §§303.440—303.449, 34 CFR §§300.507—300.518, and COMAR 13A.05.01.15C.</text> </paragraph> <paragraph num="(2)"> <text>If a parent files a due process complaint to dispute a determination that the child does not meet the criteria for identification as a student with a disability under Part B, the local lead agency is not required to provide the child with early intervention services after the child’s third birthday during the pendency of the due process hearing.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §8-416, Annotated Code of MarylandFederal Regulatory Reference: 34 CFR 99, 300, 303</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 24, 1991 (18:12 Md. R. 1327)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02, .03, .05, .07—.09, and .11—.13 amended as an emergency provision effective October 26, 1993 (20:23 Md. R. 1793); emergency status extended at 21:8 Md. R. 664; adopted permanently effective July 4, 1994 (21:13 Md. R. 1154)</annotation> <annotation type="History" subtype="Administrative History">COMAR 01.04.01 transferred to COMAR 13A.13.01 effective November 1997</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 20, 2003 (30:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 20, 2003 (30:1 Md. R. 27); November 8, 2004 (31:22 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, B amended effective January 20, 2003 (30:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective October 5, 2009 (36:20 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 20, 2003 (30:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective October 5, 2009 (36:20 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective January 20, 2003 (30:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 repealed and new Regulations .01—.14 adopted effective August 5, 2013 (40:15 Md. R. 1230)</annotation> </annotations> </chapter> <chapter num="02" heading="Administration of Services for Infants and Toddlers and Their Families"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement administrative procedures related to a Statewide and local comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families under Part C of the Individual with Disabilities Education Act (IDEA), 34 CFR 303 and COMAR 13A.13.01.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to State and local public agencies that provide early intervention services for infants and toddlers with disabilities and their families, in accordance with the child’s Individualized Family Service Plan (IFSP), including to the Maryland Infants and Toddlers Program in the Maryland Department of Education, local school systems, and the 24 local lead agencies, in accordance with 34 CFR 303.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the definitions in COMAR 13A.13.01 apply, and the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Council” means the State Interagency Coordinating Council.</text> </paragraph> <paragraph num="(2)"> <text>“Secretary” means the Secretary of the United States Department of Education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="State Administration."> <paragraph num="A."> <text>Public Awareness.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall maintain a Statewide system of public awareness and provide oversight for local lead agency public awareness that:</text> <paragraph num="(a)"> <text>Focuses on the early identification of infants and toddlers with disabilities; and</text> </paragraph> <paragraph num="(b)"> <text>Provides information to parents of infants and toddlers through primary referral sources in accordance with 34 CFR §303.301 and COMAR 13A.13.01.04A.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Maryland Infants and Toddlers Program shall maintain a central directory that:</text> <paragraph num="(a)"> <text>Is accessible to the general public; and</text> </paragraph> <paragraph num="(b)"> <text>Includes accurate information regarding Maryland’s early intervention system of services, consistent with 34 CFR §303.117.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Comprehensive Child Find System.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall ensure that each local lead agency establishes a comprehensive child find system that:</text> <paragraph num="(a)"> <text>Includes a system for primary referral sources to make referrals to local lead agencies within the timelines prescribed;</text> </paragraph> <paragraph num="(b)"> <text>Ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services that will reduce the need for future services;</text> </paragraph> <paragraph num="(c)"> <text>Meets the requirements of 34 CFR §§303.302—303.321 and is consistent with Part B of the Act; and</text> </paragraph> <paragraph num="(d)"> <text>Is coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various education, health, and social service programs relevant to Part C of the Act, including, but not limited to:</text> <paragraph num="(i)"> <text>The Department;</text> </paragraph> <paragraph num="(ii)"> <text>The Maternal and Child Health Program, including the Maternal, Infant, and Early Childhood Home Visiting Programs, under Title V of the Social Security Act, as amended;</text> </paragraph> <paragraph num="(iii)"> <text>The Medicaid Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program under Title XIX of the Social Security Act;</text> </paragraph> <paragraph num="(iv)"> <text>Programs under the Developmental Disabilities Assistance and Bill of Rights Act of 2000;</text> </paragraph> <paragraph num="(v)"> <text>The Head Start Act, including Early Head Start programs, in accordance with section 645A of the Head Start Act;</text> </paragraph> <paragraph num="(vi)"> <text>The Supplemental Security Income program under Title XVI of the Social Security Act;</text> </paragraph> <paragraph num="(vii)"> <text>Child protection and child welfare programs, including programs administered by, and services provided through, the Department of Human Services;</text> </paragraph> <paragraph num="(viii)"> <text>Child care programs in the State;</text> </paragraph> <paragraph num="(ix)"> <text>The programs that provide services under the Family Violence Prevention and Services Act;</text> </paragraph> <paragraph num="(x)"> <text>The Early Hearing Detection and Intervention (EHDI) systems administered by the Centers for Disease Control (CDC); and</text> </paragraph> <paragraph num="(xi)"> <text>The Children’s Health Insurance Program (CHIP) authorized under Title XXI of the Social Security Act.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>With the advice and assistance of the Council, the Maryland Infants and Toddlers Program shall take steps to ensure that:</text> <paragraph num="(a)"> <text>There will not be unnecessary duplication of effort by the programs identified in §B(1)(d) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Infants and Toddlers Program shall make use of the resources available through public agencies and EIS providers to implement the child find system in an effective manner.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Comprehensive System of Personnel Development.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall develop and implement a comprehensive system of personnel development, consistent with 34 CFR §303.118.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Infants and Toddlers Program shall provide oversight to local lead agencies for the implementation of the local comprehensive systems of personnel development.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Personnel Standards.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall establish appropriate professional requirements for personnel providing early intervention services for eligible children and their families, consistent with 34 CFR §303.119.</text> </paragraph> <paragraph num="(2)"> <text>Appropriate professional requirements for personnel providing early intervention services are:</text> <paragraph num="(a)"> <text>State-approved or recognized certification, licensing, registration, or other comparable requirements that the Maryland General Assembly has enacted or authorized a State agency to promulgate through rules that establish entry level standards for employment in a specific profession or discipline; and</text> </paragraph> <paragraph num="(b)"> <text>Based on the highest requirements in the State applicable to the profession or discipline in which a person is providing early intervention services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Data Collection.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall maintain a uniform Statewide data collection system for compiling and reporting timely and accurate data that meets the requirements of 34 CFR §§303.124, 303.700—303.702, and 303.720—303.724.</text> </paragraph> <paragraph num="(2)"> <text>Consistent with 34 CFR §303.124, the Statewide data collection system shall:</text> <paragraph num="(a)"> <text>Collect data from public agencies and EIS providers;</text> </paragraph> <paragraph num="(b)"> <text>Compile the numbers of eligible children receiving early intervention services, and other information required by 34 CFR 303 and the Secretary of the U.S. Department of Education; and</text> </paragraph> <paragraph num="(c)"> <text>Include a description of the process that the Department will use to compile data on infants and toddlers with disabilities receiving early intervention services for reporting the data required, in accordance with 34 CFR §§303.700—303.707 and 303.720—303.724.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Maryland Infants and Toddlers Program shall report the data required by 34 CFR §303.720 et seq. at the time and in the manner specified by the Secretary.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Supervision, Monitoring, and Enforcement.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall collaborate with State agencies identified in the State Interagency Agreement to monitor programs and activities of the State to implement Part C of the Act, including:</text> <paragraph num="(a)"> <text>Supervising and monitoring local lead agencies, institutions, organizations, and EIS providers, in accordance with 34 CFR §303.120(a);</text> </paragraph> <paragraph num="(b)"> <text>Providing technical assistance to local lead agencies, institutions, organizations, and EIS providers;</text> </paragraph> <paragraph num="(c)"> <text>Enforcing obligations imposed on local lead agencies, institutions, organizations, and EIS providers;</text> </paragraph> <paragraph num="(d)"> <text>Correcting deficiencies that are identified through monitoring;</text> </paragraph> <paragraph num="(e)"> <text>Correcting noncompliance identified through monitoring as soon as possible and in no case later than 1 year after the identification of the noncompliance; and</text> </paragraph> <paragraph num="(f)"> <text>Conducting the activities in §F(1)(a)—(e) of this regulation, consistent with 34 CFR §§303.700—303.707 to:</text> <paragraph num="(i)"> <text>Make determinations annually about the performance of each local EIS program using the categories identified in 34 CFR §303.703(b);</text> </paragraph> <paragraph num="(ii)"> <text>Use appropriate mechanisms to enforce the requirements of Part C of the Act consistent with 34 CFR §303.704 and COMAR 13A.05.02.07; and</text> </paragraph> <paragraph num="(iii)"> <text>Report annually on the performance of the State and of each local EIS program, in accordance with 34 CFR §303.702.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The focus of monitoring activities shall be to:</text> <paragraph num="(a)"> <text>Improve early intervention results and functional outcomes for infants and toddlers with disabilities; and</text> </paragraph> <paragraph num="(b)"> <text>Ensure that EIS programs meet program most closely related to improving early intervention results for infants and toddlers with disabilities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department shall monitor local lead agencies to measure performance, consistent with 34 CFR §303.700(d).</text> </paragraph> <paragraph num="(4)"> <text>In exercising the monitoring responsibilities described in §F(3) of this regulation, the Maryland Infants and Toddlers Program ensure the correction of noncompliance in the time frame and manner as described in §F(1)(e) of this regulation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>State Performance Plan.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall develop and implement a performance plan that:</text> <paragraph num="(a)"> <text>Meets the requirements of 20 U.S.C. §1416;</text> </paragraph> <paragraph num="(b)"> <text>Is approved by the Secretary; and</text> </paragraph> <paragraph num="(c)"> <text>Includes:</text> <paragraph num="(i)"> <text>An evaluation of the State’s efforts to implement the requirements and purposes of Part C of the Act;</text> </paragraph> <paragraph num="(ii)"> <text>A description of how the State will improve implementation; and</text> </paragraph> <paragraph num="(iii)"> <text>Measurable and rigorous targets for the indicators established by the Secretary under the priority areas described in 34 CFR §303.700(d).</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Maryland Infants and Toddlers Program shall:</text> <paragraph num="(a)"> <text>Review the State Performance Plan (SPP) at least once every 6 years; and</text> </paragraph> <paragraph num="(b)"> <text>Submit amendments to the Secretary in the time frame and in the manner specified.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department shall:</text> <paragraph num="(a)"> <text>Collect valid and reliable information on the indicators established by the Secretary for the SPP, in accordance with 34 CFR §303.702(b)(2);</text> </paragraph> <paragraph num="(b)"> <text>Use the priority areas and the SPP targets, consistent with 34 CFR §§303.700(d) and 303.701 to analyze the performance of each local EIS program in implementing Part C of the Act;</text> </paragraph> <paragraph num="(c)"> <text>Report annually to the Secretary on the performance of the State under the State’s performance plan;</text> </paragraph> <paragraph num="(d)"> <text>Report annually to the public on the performance of each local EIS program on the targets in the State’s performance plan, consistent with 34 CFR §303.702(b), as soon as practicable but no later than 120 days following the State’s submission of its annual performance report to the U.S. Department of Education; and</text> </paragraph> <paragraph num="(e)"> <text>Make the SPP, annual performance report, and the State’s annual reports on the performance of each EIS program available to the public, in accordance with 34 CFR §303.702(b).</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In meeting the requirements of 34 CFR §303.702(b)(1)(i)(A), the State shall include in its public report on local EIS programs the most recently available performance data on each local EIS program and the date the data were collected.</text> </paragraph> <paragraph num="(5)"> <text>The Maryland Infants and Toddlers Program shall not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children, or where the available data are insufficient to yield statistically reliable information.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Policy for Contracting or Otherwise Arranging for Services. Consistent with 34 CFR §303.121, the Maryland Infants and Toddlers Program shall require agencies, institutions, or organizations to implement policies and procedures to ensure:</text> <paragraph num="(1)"> <text>Early intervention services provided to eligible children and their families shall meet the definition of early intervention services in COMAR 13A.13.01.03B(14);</text> </paragraph> <paragraph num="(2)"> <text>Procurement of early intervention services by service providers shall conform to the applicable agency procurement policies; and</text> </paragraph> <paragraph num="(3)"> <text>Individuals or organizations seeking to provide early intervention services shall meet the requirements of Regulation .08H of this chapter.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Resolution of Disputes.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program, consistent with 34 CFR §303.120(e), shall resolve:</text> <paragraph num="(a)"> <text>Interagency disputes; and</text> </paragraph> <paragraph num="(b)"> <text>Intra-agency disputes that the local agency is unable to resolve.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>During the pendency of a dispute, the Maryland Infants and Toddlers Program shall:</text> <paragraph num="(a)"> <text>Assign financial responsibility to an agency; or</text> </paragraph> <paragraph num="(b)"> <text>Pay for the service in accordance with COMAR 13A.13.02.06C.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If, in resolving the dispute, the Maryland Infants and Toddlers Program determines that the assignment of financial responsibility was inappropriate, the Maryland Infants and Toddlers Program shall:</text> <paragraph num="(a)"> <text>Reassign the responsibility to the appropriate agency; and</text> </paragraph> <paragraph num="(b)"> <text>Make arrangements for reimbursement of any expenditures incurred by the agency originally assigned responsibility.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To the extent necessary to ensure compliance with its action in §I(3) of this regulation, the Maryland Infants and Toddlers Program may:</text> <paragraph num="(a)"> <text>Refer the dispute to the Council, which shall provide assistance within 15 days; and</text> </paragraph> <paragraph num="(b)"> <text>Refer to the Governor as necessary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Timely Reimbursement of Funds.</text> <paragraph num="(1)"> <text>Upon resolution of an interagency dispute, the Maryland Infants and Toddlers Program shall notify the agency determined to have financial responsibility for the early intervention functions or services.</text> </paragraph> <paragraph num="(2)"> <text>The written notification shall include the:</text> <paragraph num="(a)"> <text>Name of the eligible child for whom functions or services have been provided;</text> </paragraph> <paragraph num="(b)"> <text>Type or types of early intervention function or service provided;</text> </paragraph> <paragraph num="(c)"> <text>Date or dates on which an early intervention function or service was provided;</text> </paragraph> <paragraph num="(d)"> <text>Frequency and intensity of the early intervention service provided;</text> </paragraph> <paragraph num="(e)"> <text>Cost of the service or services and the total amount of reimbursement required for the service or services; and</text> </paragraph> <paragraph num="(f)"> <text>Name of the agency to be reimbursed for the early intervention functions or services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Upon receipt of written notification, the agency determined to have financial responsibility shall provide reimbursement to the agency within 30 days for functions or services provided during the pendency of the dispute.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="State Interagency Agreements."> <paragraph num="A."> <text>Interagency Collaboration.</text> <paragraph num="(1)"> <text>The Maryland Infants and Toddlers Program shall ensure that formal interagency agreements are developed with each of the responsible State agencies, consistent with 34 CFR §§303.120 and 303.500—303.511.</text> </paragraph> <paragraph num="(2)"> <text>Interagency agreements shall include:</text> <paragraph num="(a)"> <text>The commitment of agencies to ensure financial responsibility of local participating agencies providing early intervention services, consistent with 34 CFR §303.511;</text> </paragraph> <paragraph num="(b)"> <text>Procedures for achieving a timely resolution of intra-agency and interagency disputes about payments for a given service, or disputes about other matters related to the State's early intervention system, including:</text> <paragraph num="(i)"> <text>Provision for an agency to resolve internal disputes according to agency procedures, in accordance with Regulation .04(I) of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>A process for notifying the Maryland Infants and Toddlers Program when an agency is unable to resolve an internal dispute; and</text> </paragraph> <paragraph num="(iii)"> <text>A mechanism for making a final determination that is binding upon the agencies involved; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Additional components as determined necessary to ensure effective cooperation and coordination among all agencies, including, but not limited to, goals and objectives to:</text> <paragraph num="(i)"> <text>Adopt a uniform set of administrative policies and procedures by participating agencies, consistent with Education Article, §8-416, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>Support policy priorities of the Subcabinet for Children, Youth, and Families, the Department, and the Council; and</text> </paragraph> <paragraph num="(iii)"> <text>Use funds available under Part C of the Act and the annual Budget Bill, enacted pursuant to the Maryland Constitution, Article III, §52, to enhance the State's capacity to provide early intervention services.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Funding."> <paragraph num="A."> <text>General. The Department will identify and coordinate all available resources for early intervention services within the State, including those from federal, State, local and private sources, consistent with 34 CFR §§303.500—303.521.</text> </paragraph> <paragraph num="B."> <text>Use of Funds. The use of IDEA Part C funds shall be consistent with the use of funds requirements in 34 CFR §303.501.</text> </paragraph> <paragraph num="C."> <text>Payor of Last Resort. Funds available under Part C of the Act shall be used in a manner consistent with 34 CFR §§303.510 and 303.520.</text> </paragraph> <paragraph num="D."> <text>State Application. The Department shall submit an annual application to the United States Department of Education at the time and in the manner specified the United States Department of Education, consistent with 34 CFR §§303.201—303.212, 303.220—303.227, and 303.500—303.521.</text> </paragraph> <paragraph num="E."> <text>Use of Medical Assistance.</text> <paragraph num="(1)"> <text>The use of medical assistance is prohibited, unless the local lead agency provides written notification to the child’s parents and parents’ consent is provided prior to using public benefits, consistent with 34 CFR §303.520.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Infants and Toddlers Program shall monitor implementation of policies related to the use of medical assistance to pay for early intervention services to eligible children and their families.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="State Interagency Coordinating Council (SICC)."> <paragraph num="A."> <text>Each system must include a State Interagency Coordinating Council that meets the requirements of 34 CFR §§303.600—303.605.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The State Interagency Coordinating Council shall be composed as follows:</text> <paragraph num="(a)"> <text>At least 20 percent of the members shall be parents, including minority parents and including:</text> <paragraph num="(i)"> <text>One parent of a child with a disability, younger than 7 years old;</text> </paragraph> <paragraph num="(ii)"> <text>Parents of children with disabilities, younger than 13 years old, with knowledge of, or experience with, programs for infants and toddlers with disabilities;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>At least 20 percent of the members shall be public or private providers of early intervention services;</text> </paragraph> <paragraph num="(c)"> <text>At least one member shall be from the State legislature;</text> </paragraph> <paragraph num="(d)"> <text>At least one member shall be involved in personnel preparation;</text> </paragraph> <paragraph num="(e)"> <text>At least one member shall be from the Department’s subdivision responsible for preschool services to children with disabilities, with sufficient authority to engage in policy planning and implementation on behalf of that agency;</text> </paragraph> <paragraph num="(f)"> <text>At least one member shall be from the Maryland Insurance Administration;</text> </paragraph> <paragraph num="(g)"> <text>At least one member shall be from a Head Start agency or program in the State;</text> </paragraph> <paragraph num="(h)"> <text>At least one member shall be from the State agency responsible for child care;</text> </paragraph> <paragraph num="(i)"> <text>At least one member shall be a representative from the State agency responsible for the coordination of education of homeless children and youth;</text> </paragraph> <paragraph num="(j)"> <text>At least one member shall be a representative from the State child welfare agency responsible for foster care;</text> </paragraph> <paragraph num="(k)"> <text>At least one member shall be from the State agency responsible for children’s mental health;</text> </paragraph> <paragraph num="(l)"> <text>At least one member shall have a disability; and</text> </paragraph> <paragraph num="(m)"> <text>Other members shall be from each of the State agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families, with sufficient authority to engage in policy planning and implementation on behalf of these agencies.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A maximum of ten individuals may be selected as ex officio/nonvoting members.</text> </paragraph> <paragraph num="(3)"> <text>Membership shall represent the population and geographic diversity of the State.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appointments.</text> <paragraph num="(1)"> <text>Voting members shall be appointed by the Governor with consent of the State Senate.</text> </paragraph> <paragraph num="(2)"> <text>Voting members shall serve for a term of 3 years beginning July 1. Members may be reappointed for one term.</text> </paragraph> <paragraph num="(3)"> <text>If a voting member is unable to complete a term, the Governor shall appoint a replacement for the remainder of the term.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Functions of the Council.</text> <paragraph num="(1)"> <text>The Council shall advise and assist the Department in the performance of its responsibilities in accordance with 34 CFR §303.604, including:</text> <paragraph num="(a)"> <text>The development and implementation of the policies that constitute the State's early childhood intervention and education system;</text> </paragraph> <paragraph num="(b)"> <text>The achievement of full participation, coordination, and cooperation of all appropriate public agencies in the State;</text> </paragraph> <paragraph num="(c)"> <text>The effective implementation of the State's early childhood intervention and education system by establishing a process that includes:</text> <paragraph num="(i)"> <text>Seeking information from service providers, service coordinators, parents, and others about any federal, State, or local policies that impede timely service delivery; and</text> </paragraph> <paragraph num="(ii)"> <text>Ensuring that policy problems identified under §D(1)(a) of this regulation are resolved; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Assistance to the Department in the resolution of disputes.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Council shall advise and assist the Department in the:</text> <paragraph num="(a)"> <text>Identification of sources of fiscal and other support for services for early childhood intervention and education programs under Part C and Part B, Section 619 of the Act;</text> </paragraph> <paragraph num="(b)"> <text>Assignment of financial responsibility to the appropriate agency;</text> </paragraph> <paragraph num="(c)"> <text>Promotion of methods which include:</text> <paragraph num="(i)"> <text>The use of intra-agency and interagency agreements for intra-agency and interagency collaboration regarding child find consistent with 34 CFR §§303.115 and 303.302;</text> </paragraph> <paragraph num="(ii)"> <text>Monitoring consistent with 34 CFR §§303.120 and 303.700—303.708;</text> </paragraph> <paragraph num="(iii)"> <text>Financial responsibility and provision of early intervention services consistent with 34 CFR §§303.202 and 303.511; and</text> </paragraph> <paragraph num="(iv)"> <text>Transition consistent with 34 CFR §303.209;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Transition of toddlers with disabilities to preschool and other appropriate services;</text> </paragraph> <paragraph num="(e)"> <text>Provision of appropriate services to children younger than 6 years old; and</text> </paragraph> <paragraph num="(f)"> <text>Preparation of applications under Part C of the Act.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Council may carry out the following authorized activities:</text> <paragraph num="(a)"> <text>Advise and assist the Department regarding the provision of appropriate services for children with disabilities from birth through age 5;</text> </paragraph> <paragraph num="(b)"> <text>Advise appropriate agencies in the State with respect to integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the State; and</text> </paragraph> <paragraph num="(c)"> <text>Coordinate and collaborate with the State Advisory Council on Early Childhood Education and Care for children, as described in the Head Start Act, 42 U.S.C. 9837b(b)(1)(A)(i), if applicable, and other State interagency early learning initiatives, as appropriate.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Council shall prepare and submit an annual report to the Governor and to the U.S. Department of Education on the status of early childhood intervention and education programs for infants, toddlers, and young children with disabilities and their families under Part C of the Act operated within the State.</text> </paragraph> <paragraph num="(5)"> <text>The Council shall submit the reports specified in §D(4) of this regulation at the time and in the manner specified by the Governor and the U.S. Department of Education.</text> </paragraph> <paragraph num="(6)"> <text>Each annual report must contain the information required by the U.S. Department of Education for the year in which the report is made.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Meetings.</text> <paragraph num="(1)"> <text>The Council must meet, at a minimum, on a quarterly basis, and in such places as it determines necessary.</text> </paragraph> <paragraph num="(2)"> <text>The meetings shall be:</text> <paragraph num="(a)"> <text>Publicly announced sufficiently in advance of the dates they are to be held to ensure that all interested parties have an opportunity to attend; and</text> </paragraph> <paragraph num="(b)"> <text>Open and accessible to the general public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Use of Funds by the Council.</text> <paragraph num="(1)"> <text>Subject to the approval by the Governor, the Council may use funds under IDEA Part C to:</text> <paragraph num="(a)"> <text>Conduct hearings and forums;</text> </paragraph> <paragraph num="(b)"> <text>Reimburse members of the Council for reasonable and necessary expenses for attending Council meetings and performing Council duties, including child care for parent representatives;</text> </paragraph> <paragraph num="(c)"> <text>Pay compensation to a member of the Council if the member is not employed or must forfeit wages from other employment when performing official Council business;</text> </paragraph> <paragraph num="(d)"> <text>Hire staff;</text> </paragraph> <paragraph num="(e)"> <text>Obtain the services of professional, technical, and clerical personnel as may be necessary to carry out the performance of its functions under Part C of the Act; and</text> </paragraph> <paragraph num="(f)"> <text>Provide for interpreters for persons who are deaf and other necessary services for Council members and participants.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as provided in §F(1) of this regulation, Council members must serve without compensation from funds available under Part C of the Act.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Local Lead Agency Administration."> <paragraph num="A."> <text>Designation of Local Lead Agency.</text> <paragraph num="(1)"> <text>The local governing authority of each jurisdiction shall designate a local lead agency to plan and coordinate early intervention services for eligible children and their families who reside within the jurisdiction.</text> </paragraph> <paragraph num="(2)"> <text>The local governing authorities may agree to designate a single local lead agency for two or more jurisdictions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Local Interagency Agreements.</text> <paragraph num="(1)"> <text>The local lead agency shall enter into formal local interagency agreements with local agencies, institutions, organizations, and early intervention service providers involved in the local early intervention system.</text> </paragraph> <paragraph num="(2)"> <text>Local interagency agreements shall include:</text> <paragraph num="(a)"> <text>Assignment of financial responsibility for early intervention services;</text> </paragraph> <paragraph num="(b)"> <text>Procedures for achieving timely resolution of intra-agency and interagency disputes about payments for a given service, or disputes about other matters related to the local early intervention system, including a procedure for notifying the Department when local resolution is not possible to make a final determination that is binding upon the agencies involved, consistent with 34 CFR §303.511(c)(3);</text> </paragraph> <paragraph num="(c)"> <text>A mechanism to ensure that services for a child under the Act are not delayed or denied because of any dispute between agencies regarding financial or other responsibilities, consistent with 34 CFR §303.511(d)(1);</text> </paragraph> <paragraph num="(d)"> <text>A description of Medical Assistance (MA) billing procedures for health related services and service coordination, including the role(s) of the partner agencies in the interagency agreement; and</text> </paragraph> <paragraph num="(e)"> <text>Additional components as necessary to ensure effective cooperation and coordination among all service providers involved in the local early intervention system in accordance with Part C of the Act, COMAR 13A.13.01, this chapter, and local policies and procedures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Consolidated Local Implementation Grant (CLIG).</text> <paragraph num="(1)"> <text>Each local lead agency shall develop and submit an annual consolidated local implementation grant for early intervention services, at the time and in the manner specified by the Department, including assurances whereby the interagency partners agree to comply with:</text> <paragraph num="(a)"> <text>The use of funds requirements, consistent with 34 CFR §303.501; and</text> </paragraph> <paragraph num="(b)"> <text>The payor of last resort requirements, consistent with 34 CFR §303.510.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department shall distribute local implementation grant funds to local lead agencies, contingent upon the submission of an annual local interagency plan in compliance with COMAR 13A.13.01 and this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Identification and Coordination of Resources. The local lead agency shall provide information related to other funding sources for early intervention services, at the time and in the manner specified by the Department, consistent with §C(1) of this regulation.</text> </paragraph> <paragraph num="E."> <text>Public Awareness.</text> <paragraph num="(1)"> <text>Each local lead agency shall coordinate the development and implementation of a local public awareness program that focuses on the early identification of children who may be eligible to receive early intervention services, consistent with the provisions of 34 CFR §303.301 and Regulation .04A of this chapter, including:</text> </paragraph> <paragraph num="(2)"> <text>A description of the child find system;</text> </paragraph> <paragraph num="(3)"> <text>A description on how to refer a child younger than 3 years old for an evaluation or early intervention services;</text> </paragraph> <paragraph num="(4)"> <text>Preparation and dissemination of information to all primary referral sources; and</text> </paragraph> <paragraph num="(5)"> <text>Dissemination of information to parents of toddlers with disabilities of the availability of services under section 619 of the Act not fewer than 90 days prior to the toddler’s third birthday.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Comprehensive Child Find System. Each local lead agency, consistent with the applicable provisions of 34 CFR §§303.302—303.322 shall have local policies and procedures identified in COMAR 13A.13.01.04.</text> </paragraph> <paragraph num="G."> <text>Screening. Each local lead agency may adopt written policies and procedures.</text> </paragraph> <paragraph num="H."> <text>Comprehensive System of Personnel Development. Each local lead agency shall develop and coordinate the implementation of a local comprehensive system of personnel development plan consistent with 34 CFR §303.118.</text> </paragraph> <paragraph num="I."> <text>Personnel Standards. Each local lead agency shall develop and implement written policies to require personnel providing early intervention services for eligible children and their families to meet appropriate professional requirements established by the Department and consistent with 34 CFR §303.119.</text> </paragraph> <paragraph num="J."> <text>Data Collection. The local lead agency shall:</text> <paragraph num="(1)"> <text>Develop procedures for collecting and compiling data from all appropriate service providers for preparation of reports required by the Department;</text> </paragraph> <paragraph num="(2)"> <text>Use the statewide data system to compile the numbers of eligible children receiving early intervention services, and other information required by 34 CFR 303 and the U.S. Department of Education; and</text> </paragraph> <paragraph num="(3)"> <text>Submit the data at the time and in the manner specified by the Department.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Supervision, Monitoring and Enforcement. Each local lead agency shall:</text> <paragraph num="(1)"> <text>Submit financial and other written reports at the time and in the manner specified by the Department;</text> </paragraph> <paragraph num="(2)"> <text>Participate in periodic desk audits and on-site monitoring visits conducted by the Department; and</text> </paragraph> <paragraph num="(3)"> <text>Comply with enforcement actions required by the Department.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Policy for Contracting or Otherwise Arranging for Services. The local lead agency shall include a policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services, consistent with 34 CFR §303.121, including:</text> <paragraph num="(1)"> <text>The contents of the application;</text> </paragraph> <paragraph num="(2)"> <text>The conditions of contract; and</text> </paragraph> <paragraph num="(3)"> <text>Other arrangements, if applicable.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Timely Reimbursement of Funds. The local lead agency shall have procedures for securing the timely reimbursement of funds used under Part C of the Act, in accordance with 34 CFR §§303.500—303.521.</text> </paragraph> <paragraph num="N."> <text>Delivery of Services in a Timely Manner.</text> <paragraph num="(1)"> <text>Each local lead agency shall develop procedures to ensure that services are provided to eligible children and their families in a timely manner, pending the resolution of disputes among service providers. Procedures shall be consistent with Regulation .05A(2)(b) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Service providers shall implement procedures in §M of this regulation.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Notice of Availability of Programs.</text> <paragraph num="(1)"> <text>The local lead agency in the State shall notify the parents or guardians of each hearing impaired child of the availability of the education programs offered by the Maryland School for the Deaf.</text> </paragraph> <paragraph num="(2)"> <text>The local lead agency in the State shall notify the parents or guardians of each blind or visually impaired child, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Local Interagency Coordinating Council (LICC).</text> <paragraph num="(1)"> <text>The local governing authority of each jurisdiction shall establish a local interagency coordinating council to advise and assist the local lead agency in the development and implementation of policies that constitute the local early intervention system.</text> </paragraph> <paragraph num="(2)"> <text>The membership and meeting requirements of the local interagency coordinating council shall be consistent with the requirements established by the Department in the application for local implementation grant funds.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §8-416, Annotated Code of MarylandFederal Regulatory Reference: 34 CFR 99, 300, 303</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 5, 2013 (40:15 Md. R. 1232)</annotation> </annotations> </chapter> </subtitle> <subtitle num="14" heading="Child and Family Day Care"> <chapter num="01" heading="Family Day Care" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 of COMAR 07.02.18 repealed and Regulations .01—.47 adopted under a new chapter, COMAR 07.04.01, as an emergency provision effective August 10, 1990 (17:17 Md. R. 2074); regulations recodified as .01—.48 and adopted permanently effective January 21, 1991 (18:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 31, 1995 (22:15 Md. R. 1118)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective June 3, 1996 (23:11 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D adopted effective August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective November 1, 1998 (25:21 Md. R. 1572); August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed and new Regulation .14 adopted as an emergency provision effective January 1, 1992 (19:1 Md. R. 20); adopted permanently effective April 27, 1992 (19:8 Md. R. 804)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21E adopted effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22C adopted effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23B, D amended effective June 3, 1996 (23:11 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23C amended effective August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24A amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27D amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29A amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29C adopted effective August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34 repealed effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .40 amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Regulation .41E amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .47A amended effective November 1, 1998 (25:21 Md. R. 1572); August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .48 amended effective July 31, 1995 (22:15 Md. R. 1118)</annotation> <annotation type="History" subtype="Administrative History">Regulation .49 adopted effective July 31, 1995 (22:15 Md. R. 1118)</annotation> <annotation type="History" subtype="Administrative History">Regulation .50 adopted effective June 3, 1996 (23:11 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .50 amended effective April 17, 2000 (27:7 Md. R. 705)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2001 (28:20 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14F adopted effective April 1, 2004 (31:6 Md. R. 507)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23B, C amended effective April 1, 2004 (31:6 Md. R. 507)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective April 1, 2004 (31:6 Md. R. 507)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26B amended effective April 1, 2004 (31:6 Md. R. 507)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33A, B amended effective April 1, 2004 (31:6 Md. R. 507)</annotation> <annotation type="History" subtype="Administrative History">Regulation .49 adopted effective April 15, 2002 (29:7 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 6, 2005 (31:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.01 to 13A.14.01 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 2, 2006 (32:26 Md. R. 1996); December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A,C amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, B amended December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37G adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .47A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 20, 2008 (35:21 Md. R. 1826)</annotation> </annotations> </chapter> <chapter num="02" heading="Child Care Center Licensing" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.81 of COMAR 10.05.01 repealed and Regulations .01—.75 adopted under a new chapter, COMAR 07.04.02, as an emergency provision effective April 8, 1991 (18:9 Md. R. 986); emergency status extended at 18:21 Md. R. 2300 (October 18, 1991), 19:10 Md. R. 926 (May 15, 1992), and 20:2 Md. R. 108 (January 22, 1993)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.81 of COMAR 10.05.01 repealed and Regulations .01—.77 adopted under a new chapter, COMAR 07.04.02, effective July 5, 1993 (20:13 Md. R. 1044)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, C amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective November 1, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A, C amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20B amended effective June 3, 1996 (23:11 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29C adopted effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37 repealed effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .44A amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .46 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .48 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .50 amended effective October 19, 1998 (25:21 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .65B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .69 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .78 adopted effective June 3, 1996 (23:11 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 1, 2000 (27:8 Md. R. 797)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 repealed effective July 1, 2001 (28:12 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2001 (28:20 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .68 amended effective April 1, 2004 (31:6 Md. R. 508)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 6, 2005 (31:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .44A amended effective February 14, 2005 (32:3 Md. R. 288)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.02 to 13A.14.02 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 2, 2006 (32:26 Md. R. 1996); December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B, C amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1 adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1B amended effective May 21, 2007 (34:10 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1D amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27C adopted effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .68C amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .69I amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .69R adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .70G adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .76A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .76B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 20, 2008 (35:21 Md. R. 1826)</annotation> </annotations> </chapter> <chapter num="03" heading="Administrative Hearings — Family Day Care Homes" reason="Transferred to COMAR 13A.15.14" /> <chapter num="04" heading="Administrative Hearings—Child Care Centers" reason="Transferred to COMAR 13A.16.18 and COMAR 13A.17.16" /> <chapter num="05" heading="Letters of Compliance" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 5, 1993 (20:13 Md. R. 1045)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective November 1, 1998 (25:21 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective November 1, 1998 (25:21 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, C amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective November 1, 1998 (25:21 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C adopted effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27 repealed effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34A amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .36 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .38 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .40 amended effective October 19, 1998 (25:21 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .56 amended effective December 1, 1997 (24:24 Md. R. 1669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .65 adopted effective June 3, 1996 (23:11 Md. R. 809)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 1, 2000 (27:8 Md. R. 797)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2001 (28:20 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 6, 2005 (31:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34A amended effective February 14, 2005 (32:3 Md. R. 288)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.05 to 13A.14.05 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1 adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1B amended effective April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19-1D amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .56I amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .56P adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .57G adopted effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .63A amended effective January 2, 2006 (32:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .63B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 20, 2008 (35:21 Md. R. 1827)</annotation> </annotations> </chapter> <chapter num="06" heading="Child Care Subsidy Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Child Care Subsidy Program is to provide financial assistance with child care costs to families that meet applicable State or federal eligibility requirements.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Absence” means the failure of a child to attend or appear at the child care program.</text> </paragraph> <paragraph num="(2)"> <text>“Administrative disqualification hearing” means a hearing held by an administrative law judge of the Office of Administrative Hearings to determine if an intentional program violation (IPV) has occurred for which disqualification is a sanction.</text> </paragraph> <paragraph num="(3)"> <text>“Administrative law judge” means an administrative law judge of the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(4)"> <text>“Adult” means an individual who is 18 years old or older.</text> </paragraph> <paragraph num="(5)"> <text>“Adverse action” means the denial, termination, suspension, or reduction of:</text> <paragraph num="(a)"> <text>Services to a customer; or</text> </paragraph> <paragraph num="(b)"> <text>Payment to a provider.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Appellant” means a customer, recipient, or other individual who is:</text> <paragraph num="(a)"> <text>Authorized by regulation to request an appeal under this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>The subject of an intentional program violation proceeding.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Approved activity” means a pursuit in which a customer is participating that is approved by the CCS Program for a TCA family, or by an individual who is:</text> <paragraph num="(a)"> <text>Enrolled in public school;</text> </paragraph> <paragraph num="(b)"> <text>Enrolled in training;</text> </paragraph> <paragraph num="(c)"> <text>Engaged in volunteer work;</text> </paragraph> <paragraph num="(d)"> <text>Participating in a job search activity;</text> </paragraph> <paragraph num="(e)"> <text>Working; or</text> </paragraph> <paragraph num="(f)"> <text>Performing community service.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Babysitting” means care that is provided in the babysitter's home for unrelated children for less than 20 hours a month, for which State law exempts the babysitter from being licensed.</text> </paragraph> <paragraph num="(9)"> <text>“Birth certificate” means an official record, issued by an authorized governmental unit, of an individual’s full name, gender, parentage, and date, place, and time of birth.</text> </paragraph> <paragraph num="(10)"> <text>“Case management” means the process of determining or redetermining eligibility for customers, including collecting verifications.</text> </paragraph> <paragraph num="(11)"> <text>“Child” means an individual who is younger than 13 years old who is not disabled, or an individual younger than 19 years old who is disabled.</text> </paragraph> <paragraph num="(12)"> <text>“Child care” means care in a setting that is approved, licensed, or license-exempt under Maryland law by an individual other than the parent, stepparent, guardian, or caretaker for less than a 24-hour day and for which compensation is paid.</text> </paragraph> <paragraph num="(13)"> <text>“Child care center” means a facility providing child care that is:</text> <paragraph num="(a)"> <text>Licensed pursuant to COMAR 13A.16;</text> </paragraph> <paragraph num="(b)"> <text>Operated under a letter of compliance issued pursuant to COMAR 13A.17;</text> </paragraph> <paragraph num="(c)"> <text>Licensed by any branch of the military under applicable military child care regulations;</text> </paragraph> <paragraph num="(d)"> <text>Operated by a public school; or</text> </paragraph> <paragraph num="(e)"> <text>Licensed by the Maryland Department of Health as a youth camp as defined by Health-General Article, §14-401, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Child Care Subsidy (CCS) Program” means the system of providing financial assistance for child care to an eligible family, under which the contractor pays to the provider all or part of the payment on behalf of the family.</text> </paragraph> <paragraph num="(15)"> <text>“Child Care Subsidy (CCS) Branch” means the unit within the Division that regulates and administers Maryland's CCS voucher system for eligible families.</text> </paragraph> <paragraph num="(16)"> <text>“Child with a disability” means a child who has been diagnosed as being physically or mentally incapable of self-care appropriate to the age of the child, as verified by the State, based on a determination by a physician, a licensed or certified psychologist, or a licensed social worker.</text> </paragraph> <paragraph num="(17)"> <text>“Contractor” means the entity designated by the Division to:</text> <paragraph num="(a)"> <text>Take applications for CCS Program services;</text> </paragraph> <paragraph num="(b)"> <text>Issue child care subsidy vouchers to eligible customers;</text> </paragraph> <paragraph num="(c)"> <text>Process payments to child care providers and handle tasks related to provider payment processing; and</text> </paragraph> <paragraph num="(d)"> <text>Handle all aspects of case management, including hearings and appeals, consumer education, and overpayments.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Copayment” means that portion of the financial cost of child care services assigned by the contractor to a family and paid on a unit basis by the family to the provider.</text> </paragraph> <paragraph num="(19)"> <text>“Customer” means an individual or family that:</text> <paragraph num="(a)"> <text>Applies for initial or continuing CCS Program services; or</text> </paragraph> <paragraph num="(b)"> <text>Currently receives CCS Program services.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>“Division” means the Division of Early Childhood Development, which is housed within the Maryland State Department of Education.</text> </paragraph> <paragraph num="(21)"> <text>“Enrollment status” means the attendance schedule, either full-time or part-time, of the child receiving CCS services.</text> </paragraph> <paragraph num="(22)"> <text>Family.</text> <paragraph num="(a)"> <text>“Family” means the family unit consisting of:</text> <paragraph num="(i)"> <text>One or more adults and children, related by blood, marriage, adoption, or legal guardianship, and residing in the same household; or</text> </paragraph> <paragraph num="(ii)"> <text>Adults with physical custody of a child, related or unrelated, who are residing in the same household.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Family” includes unrelated adults with children in common who reside together, whether either has other children residing in the household.</text> </paragraph> <paragraph num="(c)"> <text>“Family” does not include:</text> <paragraph num="(i)"> <text>Unrelated adults with no children in common residing together; or</text> </paragraph> <paragraph num="(ii)"> <text>Related adults, other than spouses, residing together.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(23)"> <text>Family Child Care Home.</text> <paragraph num="(a)"> <text>“Family child care home” means a residence, other than the home of the child for whom CCS is requested, in which family child care is provided.</text> </paragraph> <paragraph num="(b)"> <text>“Family child care home” includes a:</text> <paragraph num="(i)"> <text>Family child care home registered to operate pursuant to COMAR 13A.15 or applicable military child care regulations; or</text> </paragraph> <paragraph num="(ii)"> <text>Large family child care home registered to operate pursuant to COMAR 13A.18.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Family Investment Program (FIP)” means an assistance program of the Maryland Department of Human Services for families with children encompassing services, work experience, or temporary cash assistance (TCA).</text> </paragraph> <paragraph num="(25)"> <text>“Family Investment Program (FIP) participant” means an individual who is enrolled in TCA.</text> </paragraph> <paragraph num="(26)"> <text>“Family size” means the number of individuals residing in the same household as a family as defined in §B(21) of this regulation.</text> </paragraph> <paragraph num="(27)"> <text>“Good cause” means circumstances in which the customer’s cooperation with the child support requirement may not be in the best interest of the child.</text> </paragraph> <paragraph num="(28)"> <text>Gross Income.</text> <paragraph num="(a)"> <text>“Gross income” means the sum of earnings, prior to adjustments such as, but not limited to, pretax benefits and rental property depreciation, that are received by an individual for compensation of services rendered on a regular or recurrent basis.</text> </paragraph> <paragraph num="(b)"> <text>“Gross income” includes, but is not limited to:</text> <paragraph num="(i)"> <text>Wages, salary, and, as specified at Regulation .03F(8)(a) of this chapter, income from self-employment;</text> </paragraph> <paragraph num="(ii)"> <text>Commissions, tips, and bonuses;</text> </paragraph> <paragraph num="(iii)"> <text>Dividends and interest;</text> </paragraph> <paragraph num="(iv)"> <text>Social Security benefits, including disability and survivors benefits;</text> </paragraph> <paragraph num="(v)"> <text>Pensions and annuities;</text> </paragraph> <paragraph num="(vi)"> <text>Estate income;</text> </paragraph> <paragraph num="(vii)"> <text>Military entitlements, bonuses, and allowances;</text> </paragraph> <paragraph num="(viii)"> <text>Rental income;</text> </paragraph> <paragraph num="(ix)"> <text>Unemployment and Workers' Compensation; and</text> </paragraph> <paragraph num="(x)"> <text>Alimony and child support.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Gross income” does not include:</text> <paragraph num="(i)"> <text>Temporary Cash Assistance payments;</text> </paragraph> <paragraph num="(ii)"> <text>Supplemental Security Income payments;</text> </paragraph> <paragraph num="(iii)"> <text>$5,000 of a family's annual gross income per child for an adult with physical custody of a child as defined at §B(40) of this regulation;</text> </paragraph> <paragraph num="(iv)"> <text>$5,000 of a family's annual gross income per child when the minor parent attends public school full-time;</text> </paragraph> <paragraph num="(v)"> <text>Money received from sales of property, such as stocks, bonds, a house, or a car, unless the individual was engaged in the business of selling the property, in which case the net proceeds would be counted as income from self-employment;</text> </paragraph> <paragraph num="(vi)"> <text>Withdrawals of bank deposits;</text> </paragraph> <paragraph num="(vii)"> <text>Money borrowed;</text> </paragraph> <paragraph num="(viii)"> <text>Tax refunds;</text> </paragraph> <paragraph num="(ix)"> <text>Gifts;</text> </paragraph> <paragraph num="(x)"> <text>Lump sum inheritances or insurance payments;</text> </paragraph> <paragraph num="(xi)"> <text>Subsidized adoption, subsidized guardianship, and foster care payments;</text> </paragraph> <paragraph num="(xii)"> <text>Value of food stamps or supplemental assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act as amended;</text> </paragraph> <paragraph num="(xiii)"> <text>Earnings of a child younger than 15 years old or a child younger than 18 years old who is attending a public school;</text> </paragraph> <paragraph num="(xiv)"> <text>Loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs;</text> </paragraph> <paragraph num="(xv)"> <text>A grant or loan to an undergraduate student for educational purposes made or insured under a program administered by the Commissioner of Education under the Higher Education Act;</text> </paragraph> <paragraph num="(xvi)"> <text>Any stipends, compensation, or expenses received for volunteer service from programs existing or pending under the Domestic Volunteer Service Act of 1973 sponsored by ACTION;</text> </paragraph> <paragraph num="(xvii)"> <text>Any payment received under the Community Service Trust Act of 1973;</text> </paragraph> <paragraph num="(xviii)"> <text>Earnings received by a youth in a program under the Workforce Investment Act;</text> </paragraph> <paragraph num="(xix)"> <text>Energy grants and allowances received from P.L. 96-126 through the Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(xx)"> <text>Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;</text> </paragraph> <paragraph num="(xxi)"> <text>Child support payments made by a noncustodial parent for a child not residing in the customer’s household;</text> </paragraph> <paragraph num="(xxii)"> <text>$2,500 of child support state and federal tax intercepts and arrearage payments;</text> </paragraph> <paragraph num="(xxiii)"> <text>Veterans Administration payments to children with birth defects born to female Vietnam veterans;</text> </paragraph> <paragraph num="(xxiv)"> <text>Educational assistance income used for an educational activity that is approved by the Maryland Higher Education Commission or is part of the FIP Independence Plan;</text> </paragraph> <paragraph num="(xxv)"> <text>Payments made to correct underpayments to recipients; and</text> </paragraph> <paragraph num="(xxvi)"> <text>Census earnings made by temporary census workers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Identified as responsible for child abuse or neglect” means being determined by a local department of social services to be responsible for indicated child abuse or neglect, under circumstances specified in the Family Law Article, §5-714, Annotated Code of Maryland, or awaiting the local department’s appeal hearing after the determination.</text> </paragraph> <paragraph num="(30)"> <text>“Infant” means a child younger than 24 months old.</text> </paragraph> <paragraph num="(31)"> <text>“Informal child care” means child care that:</text> <paragraph num="(a)"> <text>Does not require the child care provider to be licensed or regulated under Maryland law; and</text> </paragraph> <paragraph num="(b)"> <text>Is limited to:</text> <paragraph num="(i)"> <text>Relative care;</text> </paragraph> <paragraph num="(ii)"> <text>In-home care; and</text> </paragraph> <paragraph num="(iii)"> <text>Babysitting.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(32)"> <text>“In-home care” means care:</text> <paragraph num="(a)"> <text>Provided to the customer's children in the customer's home by a nonrelative; and</text> </paragraph> <paragraph num="(b)"> <text>Exempt from licensing if all children being cared for live in the residence in which care is provided.</text> </paragraph> </paragraph> <paragraph num="(33)"> <text>“Intentional program violation” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purposes of establishing or maintaining the customer’s, recipient’s, or provider's eligibility for CCS payments or for increasing or preventing a reduction of the amount of assistance.</text> </paragraph> <paragraph num="(33-1)"> <text>“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(34)"> <text>“Local jurisdiction” means:</text> <paragraph num="(a)"> <text>One of Maryland’s 23 counties; or</text> </paragraph> <paragraph num="(b)"> <text>Baltimore City.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Maryland EXCELS” means the State’s tiered quality rating and improvement system for early care and education programs.</text> </paragraph> <paragraph num="(36)"> <text>“MSDE” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(37)"> <text>“Non-traditional hours” means:</text> <paragraph num="(a)"> <text>One hour or more between 7:00 p.m. and 6:00 a.m., Monday through Friday; or</text> </paragraph> <paragraph num="(b)"> <text>Any period of one hour or more on a Saturday or a Sunday.</text> </paragraph> </paragraph> <paragraph num="(38)"> <text>“Office of Administrative Hearings (OAH)” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(39)"> <text>“Overpayment” means the amount of payment received by a recipient or service provider to which the recipient or service provider was not entitled as determined by applicable CCS regulations.</text> </paragraph> <paragraph num="(40)"> <text>“Parent” means the biological or adoptive parent or the legal guardian or custodian of a child, who applies for the child to receive CCS Program services.</text> </paragraph> <paragraph num="(41)"> <text>“Physical custody of a child” means custody of a minor child by an adult other than the child’s parent in whose household the child resides, as evidenced by:</text> <paragraph num="(a)"> <text>A court order;</text> </paragraph> <paragraph num="(b)"> <text>Written authorization from a parent, if the parent is not residing in the same household; or</text> </paragraph> <paragraph num="(c)"> <text>Other documentation acceptable to the contractor.</text> </paragraph> </paragraph> <paragraph num="(42)"> <text>“Program freeze” means that the list of available providers has been exhausted or there are insufficient funds to provide a child care subsidy to all eligible families.</text> </paragraph> <paragraph num="(43)"> <text>“Provider” means:</text> <paragraph num="(a)"> <text>A family child care home;</text> </paragraph> <paragraph num="(b)"> <text>A child care center; or</text> </paragraph> <paragraph num="(c)"> <text>An individual approved by the CCS Branch to provide informal child care.</text> </paragraph> </paragraph> <paragraph num="(44)"> <text>“Public assistance” means Supplemental Security Income (SSI) received pursuant to Title XVI of the Social Security Act or cash benefits received through any program administered by the Family Investment Administration or successor administration.</text> </paragraph> <paragraph num="(45)"> <text>“Qualified alien” means a citizen of a foreign country who does not hold dual U.S. citizenship, is not a naturalized U.S. citizen, and:</text> <paragraph num="(a)"> <text>Has been lawfully admitted for permanent residence in the U.S.;</text> </paragraph> <paragraph num="(b)"> <text>Has been granted asylum in the U.S.;</text> </paragraph> <paragraph num="(c)"> <text>Is a refugee in the U.S.;</text> </paragraph> <paragraph num="(d)"> <text>Has been granted conditional entry into the U.S.;</text> </paragraph> <paragraph num="(e)"> <text>Has been temporarily paroled into the U.S. for limited reasons;</text> </paragraph> <paragraph num="(f)"> <text>Is under a suspended deportation order from the U.S.; or</text> </paragraph> <paragraph num="(g)"> <text>Has been battered or subjected to extreme cruelty by a parent or family member in the U.S. and who has:</text> <paragraph num="(i)"> <text>Been approved, or has petitioned, for status as a child of a U.S. citizen;</text> </paragraph> <paragraph num="(ii)"> <text>Been classified as the child of a lawfully admitted alien; or</text> </paragraph> <paragraph num="(iii)"> <text>Had a deportation order suspended with an adjustment of status.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(46)"> <text>“Reasonable accommodation” means a modification made by a child care service provider, at no additional cost to the parent, in order to meet the physical, social, mental, and emotional needs of a child with a disability in accordance with Title III of the Americans with Disabilities Act.</text> </paragraph> <paragraph num="(47)"> <text>“Recipient” means an individual who receives or has received assistance or that individual's authorized representative.</text> </paragraph> <paragraph num="(48)"> <text>“Relative care” means care that:</text> <paragraph num="(a)"> <text>Is provided in the relative's or customer's home by a relative;</text> </paragraph> <paragraph num="(b)"> <text>Is exempt from licensing under Family Law Article, §§5-550—5-557, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(c)"> <text>Excludes as eligible for payment the parents, stepparents, legal guardians, or members of the TCA or CCS assistance unit.</text> </paragraph> </paragraph> <paragraph num="(49)"> <text>“Resident” means an individual who lives in Maryland and has no intention of leaving during the time in which CCS is to be provided.</text> </paragraph> <paragraph num="(50)"> <text>“Self-employment” means generating one's income directly from customers, clients, or other organizations as opposed to being an employee of a business or another individual.</text> </paragraph> <paragraph num="(51)"> <text>“Service period” means the 2-week period for which child care providers can provide service and receive payment.</text> </paragraph> <paragraph num="(52)"> <text>“Subsidy” means that portion of the financial cost of child care services paid in authorized unit rates by the contractor to providers.</text> </paragraph> <paragraph num="(53)"> <text>“Successfully passed” means, when used in connection with:</text> <paragraph num="(a)"> <text>A criminal background check, that an individual:</text> <paragraph num="(i)"> <text>Has not received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at Regulation .06D(6)(b)(i)—(xi) of this chapter; or</text> </paragraph> <paragraph num="(ii)"> <text>If having received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime not listed at Regulation .06D(6)(b)(i)—(xi) of this chapter, has been assessed by the contractor as suitable to serve as an informal child care provider; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A review of records of abuse and neglect of children or adults, that an individual has been assessed by the contractor as being suitable to serve as an informal child care provider.</text> </paragraph> </paragraph> <paragraph num="(54)"> <text>“Temporary Cash Assistance (TCA)” means a form of cash assistance provided to families who are technically and financially eligible.</text> </paragraph> <paragraph num="(55)"> <text>“Tiered reimbursement” means weekly payments that:</text> <paragraph num="(a)"> <text>Exceed the payment rates specified in Regulation .11B—D of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Are paid to a child care center or a family child care provider that is participating in Maryland EXCELS at certain quality rating levels; and</text> </paragraph> <paragraph num="(c)"> <text>Vary based on the payment rate for the age of the child and the type of child care.</text> </paragraph> </paragraph> <paragraph num="(56)"> <text>Training.</text> <paragraph num="(a)"> <text>“Training” means any type of instructional program, except for post-college graduate programs, that is approved by the Division.</text> </paragraph> <paragraph num="(b)"> <text>“Training” includes an accredited undergraduate college, an accredited vocational program, or a publicly funded training program.</text> </paragraph> </paragraph> <paragraph num="(57)"> <text>“Transitioning off of public assistance” means the immediate 12-month period following the loss of a customer's eligibility for FIP assistance.</text> </paragraph> <paragraph num="(58)"> <text>“Underpayment” means a payment received by a provider that is less than the allowable amount owed the provider as determined by this chapter.</text> </paragraph> <paragraph num="(59)"> <text>“Unit” means the length of time per day a child is in child care, as follows:</text> <paragraph num="(a)"> <text>“One unit” means 3 hours or less per day;</text> </paragraph> <paragraph num="(b)"> <text>“Two units” means more than 3 hours per day, but less than 6 hours per day; or</text> </paragraph> <paragraph num="(c)"> <text>“Three units” means 6 hours or more per day.</text> </paragraph> </paragraph> <paragraph num="(60)"> <text>“Voluntary closure” means the period of time a child care provider is closed that:</text> <paragraph num="(a)"> <text>Includes not more than 2 consecutive weeks annually; and</text> </paragraph> <paragraph num="(b)"> <text>For child care centers and family child care homes, excludes:</text> <paragraph num="(i)"> <text>Christmas Day;</text> </paragraph> <paragraph num="(ii)"> <text>New Year's Day;</text> </paragraph> <paragraph num="(iii)"> <text>Memorial Day;</text> </paragraph> <paragraph num="(iv)"> <text>Independence Day;</text> </paragraph> <paragraph num="(v)"> <text>Labor Day; and</text> </paragraph> <paragraph num="(vi)"> <text>Thanksgiving Day.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(61)"> <text>“Voucher” means a certificate given to a customer by the contractor for use in purchasing child care from a provider.</text> </paragraph> <paragraph num="(62)"> <text>“Waiver” means the document signed by an individual intentionally relinquishing the right to an administrative disqualification hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <paragraph num="A."> <text>To be eligible for the CCS Program, a customer shall:</text> <paragraph num="(1)"> <text>Be a resident of the State of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Meet the need requirement set forth at §E of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Meet the income requirement set forth at §F of this regulation of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Citizenship Status. To receive CCS Program services, a child shall be a:</text> <paragraph num="(1)"> <text>United States (U.S.) citizen; or</text> </paragraph> <paragraph num="(2)"> <text>Qualified alien, as defined in Regulation .02B(44) of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Proof of Identity.</text> <paragraph num="(1)"> <text>At the time of initial application for CCS Program services, a customer shall submit to the contractor acceptable proof of identity for each family member;</text> </paragraph> <paragraph num="(2)"> <text>Acceptable proof of identity is limited to:</text> <paragraph num="(a)"> <text>A valid U.S. passport;</text> </paragraph> <paragraph num="(b)"> <text>A birth certificate;</text> </paragraph> <paragraph num="(c)"> <text>Documentation of birth abroad issued by the U.S. Department of State;</text> </paragraph> <paragraph num="(d)"> <text>Documentation issued by an agency of the U.S. government that certifies the applicant as:</text> <paragraph num="(i)"> <text>A naturalized U.S. citizen;</text> </paragraph> <paragraph num="(ii)"> <text>A permanent resident alien;</text> </paragraph> <paragraph num="(iii)"> <text>The holder of a current non-immigrant work visa;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A valid, unexpired foreign passport with a current U.S. visa affixed and accompanied by documentation of the applicant's most recent entry into the U.S.;</text> </paragraph> <paragraph num="(f)"> <text>Any other document designated by an agency of the U.S. government, and established by notice in the Federal Register, as acceptable for certifying proof of identity;</text> </paragraph> <paragraph num="(g)"> <text>A valid driver’s license, issued by Maryland or by another state; or</text> </paragraph> <paragraph num="(h)"> <text>A Maryland State Motor Vehicle Administration photo identification card.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Services shall be denied for a child for whom care is requested if acceptable proof of identity for that child is not provided.</text> </paragraph> <paragraph num="(4)"> <text>Proof of identity shall be maintained by the contractor in the customer’s CCS Program case record.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Child Immunizations.</text> <paragraph num="(1)"> <text>Before a child may begin receiving CCS Program services, the:</text> <paragraph num="(a)"> <text>Child shall have had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health (MDH); and</text> </paragraph> <paragraph num="(b)"> <text>Child’s immunization status shall have been documented on an immunization certificate form provided by MDH.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Exemption from Immunization.</text> <paragraph num="(a)"> <text>Section §D(1) of this regulation does not apply if a child's:</text> <paragraph num="(i)"> <text>Documented medical condition contraindicates immunization; or</text> </paragraph> <paragraph num="(ii)"> <text>Parent objects to the immunization on religious grounds.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the child’s parent objects to a child's immunization or medical examination, or both, on religious grounds, the contractor shall require the parent to:</text> <paragraph num="(i)"> <text>Provide a written health history of the child; and</text> </paragraph> <paragraph num="(ii)"> <text>Sign a statement indicating that to the best of the person’s knowledge and belief, the child is in satisfactory health and free from any communicable disease.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The immunization requirement is met when the customer submits to the contractor a written declaration, on a form supplied or approved by the CCS Branch, affirming that the child attends a:</text> <paragraph num="(a)"> <text>Registered family child care home, licensed child care center, letter of compliance facility, or large family child care home where the child’s immunization records are maintained in accordance with applicable COMAR requirements; or</text> </paragraph> <paragraph num="(b)"> <text>Full-day program at a public or nonpublic school where the child’s immunization records are maintained.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Need. The need requirement is met:</text> <paragraph num="(1)"> <text>When the child's parent, caretaker, or legal guardian is not available or capable to care for the child, no other acceptable child care plan can be arranged, and one or more of the priority situations exist according to Regulation .08A of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>By a customer who meets the requirements specified in Regulation .08A(1) of this chapter:</text> <paragraph num="(a)"> <text>During approved activity periods;</text> </paragraph> <paragraph num="(b)"> <text>Before beginning an approved activity for a period not to exceed 1 month;</text> </paragraph> <paragraph num="(c)"> <text>During gaps in approved activities for a period not to exceed 1 month; or</text> </paragraph> <paragraph num="(d)"> <text>As necessary to accept employment or to remain employed and if the child care would otherwise be lost; or</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>By a customer who meets the requirements specified in Regulation .08A(2) and (3) of this chapter:</text> <paragraph num="(a)"> <text>While employed; and</text> </paragraph> <paragraph num="(b)"> <text>During gaps in employment for a period not to exceed 1 month and if the child care would otherwise be lost, to:</text> <paragraph num="(i)"> <text>Seek employment;</text> </paragraph> <paragraph num="(ii)"> <text>Accept employment; or</text> </paragraph> <paragraph num="(iii)"> <text>Remain employed.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Income.</text> <paragraph num="(1)"> <text>An applicant shall meet the income eligibility requirements set forth at §H of this chapter, except for the following who are exempt:</text> <paragraph num="(a)"> <text>TCA customers; or</text> </paragraph> <paragraph num="(b)"> <text>Recipients of SSI.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except when TCA is received only for a child, the income requirement is met by a family that:</text> <paragraph num="(a)"> <text>Receives TCA; and</text> </paragraph> <paragraph num="(b)"> <text>Has an annual gross income not exceeding the maximum income for family size as specified in the income eligibility scale set forth at §H of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For purposes of determining parental copayments and subsidy amounts, a family's annual or annualized gross income, as defined at Regulation .02B(30) of this chapter, shall be used.</text> </paragraph> <paragraph num="(4)"> <text>Annualization of gross income shall be performed by multiplying:</text> <paragraph num="(a)"> <text>Weekly income by 52;</text> </paragraph> <paragraph num="(b)"> <text>Bi-weekly income by 26;</text> </paragraph> <paragraph num="(c)"> <text>Twice monthly income by 24;</text> </paragraph> <paragraph num="(d)"> <text>Monthly income by 12; or</text> </paragraph> <paragraph num="(e)"> <text>Quarterly gross income by 4.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A customer applying for CCS Program services shall provide acceptable documentation to the contractor of all current income, whether derived from employment or another source, that is received on a regular or a recurring basis by:</text> <paragraph num="(a)"> <text>The customer; and</text> </paragraph> <paragraph num="(b)"> <text>Each family member.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Acceptable documentation of employment earnings received, including cash earnings, is limited to:</text> <paragraph num="(a)"> <text>The most recent 4 weeks of pay stubs indicating gross income from each employer, if the stubs indicate the individual’s pay frequency or schedule;</text> </paragraph> <paragraph num="(b)"> <text>A statement from each employer, signed and dated by the employer or bearing the employer’s official business stamp, that indicates the:</text> <paragraph num="(i)"> <text>Employer’s name, address, and telephone number;</text> </paragraph> <paragraph num="(ii)"> <text>Employer’s type of business;</text> </paragraph> <paragraph num="(iii)"> <text>Gross earnings for the most recent pay period;</text> </paragraph> <paragraph num="(iv)"> <text>Pay frequency or schedule; and</text> </paragraph> <paragraph num="(v)"> <text>If available, total gross earnings to date;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The individual’s most recent federal income tax return, if filed within the past 12 months;</text> </paragraph> <paragraph num="(d)"> <text>Payment receipts for services rendered, where the type of employment, such as but not limited to restaurant waitress, beautician, or taxicab driver, may not generate an earnings statement or a pay stub; or</text> </paragraph> <paragraph num="(e)"> <text>If none of the types of documentation listed at §F(6) of this regulation is able to be produced, a signed and dated statement from the customer attesting to current gross earnings, the frequency or schedule of those earnings, and the type of employment.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The customer shall submit to the contractor the applicable income documentation described at §F(6) of this regulation:</text> <paragraph num="(a)"> <text>Within 30 calendar days of applying for CCS Program services; and</text> </paragraph> <paragraph num="(b)"> <text>After approval for CCS Program services, at least annually for the duration of those services.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Special Income Calculation.</text> <paragraph num="(a)"> <text>Self-Employment.</text> <paragraph num="(i)"> <text>For income eligibility determination purposes, a flat 30% is subtracted from the annual gross taxable self-employment income amount for business-related expenses.</text> </paragraph> <paragraph num="(ii)"> <text>A salary drawn by the customer from a business owned wholly or in part by the customer shall not be applied toward calculation of the customer’s gross income.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Military Service Pay.</text> <paragraph num="(i)"> <text>Paid rental and mortgage fees shall be deducted from the allowance and only the excess amount shall be counted as gross income.</text> </paragraph> <paragraph num="(ii)"> <text>If a military spouse is absent from the home solely due to military deployment, the spouse’s gross income shall be counted as a part of the family gross income.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Child Support.</text> <paragraph num="(i)"> <text>The customer’s three most recent consecutive months of support payments shall be counted as gross income.</text> </paragraph> <paragraph num="(ii)"> <text>If a customer has received child support for less than three months, an average of the payments received to date will be used to determine gross income.</text> </paragraph> <paragraph num="(iii)"> <text>Payments that are made directly to a vendor on a regular basis on behalf of the customer shall be counted as gross income.</text> </paragraph> <paragraph num="(iv)"> <text>If in-kind support is received, the customer shall apply a fair market value to the item or service and count that value as gross income.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>To maintain eligibility for CCS Program services, a family or individual shall report to the local department within 10 days of its occurrence any change in:</text> <paragraph num="(1)"> <text>Income;</text> </paragraph> <paragraph num="(2)"> <text>Employment;</text> </paragraph> <paragraph num="(3)"> <text>Family composition;</text> </paragraph> <paragraph num="(4)"> <text>Marital status;</text> </paragraph> <paragraph num="(5)"> <text>Address; and</text> </paragraph> <paragraph num="(6)"> <text>Needed hours or days for child care services.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Income Eligibility Scale.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Pursuit of Child Support Obligations."> <paragraph num="A."> <text>A customer who has the care of a child eligible for child support services pursuant to COMAR 07.07.02.02B(4) shall pursue the establishment and enforcement of support obligations on behalf of the child as required by the contractor.</text> </paragraph> <paragraph num="B."> <text>If the customer is pursuing or receiving regular child support payments for the child, the customer shall furnish documentation verifying this action to the contractor at the time of application for child care services.</text> </paragraph> <paragraph num="C."> <text>Local Child Support Enforcement (CSE) Agency.</text> <paragraph num="(1)"> <text>If the customer is not pursuing or receiving regular child support payments for the child and cannot claim good cause for refusing to pursue child support pursuant to §E of this regulation, the contractor shall refer the applicant to the local CSE agency.</text> </paragraph> <paragraph num="(2)"> <text>The local CSE agency shall provide documentation of the:</text> <paragraph num="(a)"> <text>Application for CSE services to the customer; and</text> </paragraph> <paragraph num="(b)"> <text>Closing of the case by CSE to the CCS unit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The customer shall submit documentation of CSE services for each child for whom care is requested to the contractor within 60 days of applying for child care services.</text> </paragraph> <paragraph num="(4)"> <text>A customer who fails to comply with §C(3) of this regulation is not eligible for CCS services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unless excused for good cause, the customer shall cooperate with the local CSE agency in:</text> <paragraph num="(1)"> <text>Identifying and locating the child's absent parent;</text> </paragraph> <paragraph num="(2)"> <text>Establishing the child's paternity if the child is born out of wedlock; and</text> </paragraph> <paragraph num="(3)"> <text>Obtaining support payments.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Refusal to Cooperate.</text> <paragraph num="(1)"> <text>Good cause circumstances are those when:</text> <paragraph num="(a)"> <text>Cooperation may result in serious physical or emotional harm to the child for whom the support is sought;</text> </paragraph> <paragraph num="(b)"> <text>Cooperation may result in serious physical or emotional harm to the customer with whom the child is living, which may reduce the capacity of the customer to care adequately for the child;</text> </paragraph> <paragraph num="(c)"> <text>The child for whom support is sought was conceived as a result of incest or rape;</text> </paragraph> <paragraph num="(d)"> <text>Legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or</text> </paragraph> <paragraph num="(e)"> <text>The customer is being assisted by a public or licensed private social agency to resolve the issue of keeping or relinquishing the child for adoption, and the discussions have not extended beyond 3 months.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When the contractor refers the customer to the local CSE agency, the contractor shall inform the customer in writing of the customer’s right to claim good cause for refusing to cooperate with the local CSE agency.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Determination of Good Cause.</text> <paragraph num="(1)"> <text>The contractor is responsible for determining the existence of good cause.</text> </paragraph> <paragraph num="(2)"> <text>The customer shall provide the contractor with:</text> <paragraph num="(a)"> <text>Verified or verifiable evidence that specifies and corroborates circumstances that the customer believes is sufficient good cause for not cooperating; and</text> </paragraph> <paragraph num="(b)"> <text>Sufficient information to permit an investigation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The customer shall supply corroborative evidence within 30 days of making the claim for good cause.</text> </paragraph> <paragraph num="(4)"> <text>The contractor shall determine good cause based on:</text> <paragraph num="(a)"> <text>A review of the evidence submitted by the customer; and</text> </paragraph> <paragraph num="(b)"> <text>The findings of any investigation of the claim that the contractor chooses to make.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The contractor may determine good cause without further investigation if the following acceptable documentation indicates that harm may result:</text> <paragraph num="(a)"> <text>A birth certificate or medical or law enforcement record indicating that the child was conceived as a result of incest or rape;</text> </paragraph> <paragraph num="(b)"> <text>A court document or other record indicating that legal proceedings for adoption are pending before a court of competent jurisdiction;</text> </paragraph> <paragraph num="(c)"> <text>A court, medical, criminal, child protective services, psychological, social services, or law enforcement record indicating that the putative father or absent parent might inflict physical or emotional harm on the child or the customer;</text> </paragraph> <paragraph num="(d)"> <text>A medical record indicating the emotional health history and the present emotional health status of the child or the customer;</text> </paragraph> <paragraph num="(e)"> <text>A written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the customer;</text> </paragraph> <paragraph num="(f)"> <text>A written statement from a public or licensed private social agency that the customer is being assisted by the agency to resolve the issue of keeping or relinquishing the child for adoption and the discussions have not extended beyond 3 months; or</text> </paragraph> <paragraph num="(g)"> <text>Sworn statements from individuals other than the customer with knowledge of the circumstances that provide the basis for a good cause claim.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The contractor shall inform the customer in writing of the final determination.</text> </paragraph> <paragraph num="(7)"> <text>Upon making a final determination, and if the customer is receiving services from the CSE agency, the contractor shall promptly inform the local CSE agency whether or not there is good cause for refusal to cooperate.</text> </paragraph> <paragraph num="(8)"> <text>The contractor shall deny CCS services to the customer if a claim of good cause cannot be substantiated as required in this section.</text> </paragraph> <paragraph num="(9)"> <text>The contractor may not deny, delay, or terminate child care subsidy services pending determination of good cause if the customer has met the requirements of §F(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Review of Determination of Good Cause.</text> <paragraph num="(1)"> <text>The contractor shall review, at a minimum during redetermination of eligibility, all cases in which a finding of good cause was made based on a circumstance that is subject to change.</text> </paragraph> <paragraph num="(2)"> <text>If the contractor determines that the circumstance providing the basis for determination of good cause no longer exists, the contractor shall require the customer to pursue the establishment and enforcement of child support obligations.</text> </paragraph> </paragraph> <paragraph num="H."> <text>A customer transitioning off of TCA who does not have a child support order or who is not receiving child support shall cooperate with the contractor and the local CSE agency to continue, establish, or re-establish child support services.</text> </paragraph> <paragraph num="I."> <text>A customer who has the care of a child eligible for child support services and refuses to cooperate with the local CSE agency and the contractor on behalf of the child is ineligible for CCS services unless:</text> <paragraph num="(1)"> <text>The customer claims good cause for the refusal; and</text> </paragraph> <paragraph num="(2)"> <text>Documentation supporting good cause for the refusal is under review, or is determined to exist.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Process."> <paragraph num="A."> <text>A customer shall apply to the contractor for CCS Program services.</text> </paragraph> <paragraph num="B."> <text>In order to be approved to receive CCS Program services, a customer shall submit a complete application to the contractor by fax or mail, which shall consist of:</text> <paragraph num="(1)"> <text>A completed, signed, and dated CCS Program services application form approved by the Division;</text> </paragraph> <paragraph num="(2)"> <text>Verification of employment earnings;</text> </paragraph> <paragraph num="(3)"> <text>If applicable, verification of training or school attendance with days and hours of the activity; and</text> </paragraph> <paragraph num="(4)"> <text>If applicable, verification of child support payments or an application to agree to pursue child support.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The contractor shall decide to accept or deny the application within:</text> <paragraph num="(1)"> <text>30 calendar days from the date of receipt of the signed application, if all verifications are received by the 25th day following application; or</text> </paragraph> <paragraph num="(2)"> <text>35 calendar days from the date of receipt of the signed application, if all verifications are:</text> <paragraph num="(a)"> <text>Received between the 25th and 30th days following application; or</text> </paragraph> <paragraph num="(b)"> <text>Not received by the contractor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The customer is eligible from the date a signed application is received if the contractor determines that the customer is eligible for services.</text> </paragraph> <paragraph num="E."> <text>Program Freeze.</text> <paragraph num="(1)"> <text>The contractor shall inform a customer that a program freeze exists and that a child care placement cannot be made immediately when the:</text> <paragraph num="(a)"> <text>List of available providers has been exhausted and a provider cannot be located who is either acceptable to the parent or appropriate to the child; or</text> </paragraph> <paragraph num="(b)"> <text>Funds are not available to provide the service.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The contractor shall maintain a list of all eligible customers by date of application and in accordance with the service priorities established under Regulation .08A of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Denial. The contractor shall deny the application if the customer:</text> <paragraph num="(1)"> <text>Fails to meet all applicable eligibility requirements set forth at Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Was terminated from CCS Program services for failure to pay the required copayment or inability to provide proof of payment;</text> </paragraph> <paragraph num="(3)"> <text>Fails to provide the required documentation within 30 days of initiating an application;</text> </paragraph> <paragraph num="(4)"> <text>Is disqualified for CCS payment pursuant to Regulation .14M of this chapter and the disqualification period has not ended; or</text> </paragraph> <paragraph num="(5)"> <text>Fails to provide acceptable proof of identity for a child for whom CCS Program services are requested.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Notice. The contractor shall send a written denial notice to the customer that includes:</text> <paragraph num="(1)"> <text>The decision;</text> </paragraph> <paragraph num="(2)"> <text>The basis for the decision;</text> </paragraph> <paragraph num="(3)"> <text>The regulation supporting the decision; and</text> </paragraph> <paragraph num="(4)"> <text>An explanation of the customer’s hearing and appeal rights.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Provider Requirements."> <paragraph num="A."> <text>Subsidized child care services may be provided only by:</text> <paragraph num="(1)"> <text>A family child care home;</text> </paragraph> <paragraph num="(2)"> <text>A child care center; or</text> </paragraph> <paragraph num="(3)"> <text>An individual approved by the CCS Branch to provide informal child care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maryland EXCELS Participation.</text> <paragraph num="(1)"> <text>Effective June 29, 2015, the operator of a child care center or a family child care home may not receive CCS Program reimbursement for child care services provided on or after that date unless the operator has applied on or before that date to participate in Maryland EXCELS.</text> </paragraph> <paragraph num="(2)"> <text>Within 12 months of acceptance into Maryland EXCELS, the operator of a child care center or a family child care home shall request Maryland EXCELS to publish the program’s quality rating in order to remain eligible for continued CCS Program reimbursement.</text> </paragraph> <paragraph num="(3)"> <text>An informal child care provider is not eligible to participate in the Maryland EXCELS program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Tiered Reimbursement.</text> <paragraph num="(1)"> <text>Eligibility for tiered reimbursement payments is limited to a child care center or a family child care home that has a published Maryland EXCELS quality rating level of 3, 4, or 5.</text> </paragraph> <paragraph num="(2)"> <text>An informal child care provider is not eligible for tiered reimbursement payments.</text> </paragraph> <paragraph num="(3)"> <text>An eligible provider shall be paid a tiered reimbursement amount for each CCS Program child in care that is:</text> <paragraph num="(a)"> <text>In addition to the child’s subsidy payment; and</text> </paragraph> <paragraph num="(b)"> <text>Reflective of the applicable percentage specified at §C(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A tiered reimbursement payment amount is determined by multiplying the child’s subsidy amount by the applicable percentage specified for the provider’s Maryland EXCELS level:</text> </paragraph> <paragraph num="(5)"> <text>A provider’s tiered reimbursement payments become effective for the first service period following the provider’s publication at Maryland EXCELS at quality level rating 3, 4, or 5.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Informal Child Care.</text> <paragraph num="(1)"> <text>The customer may choose to use an approved informal child care provider.</text> </paragraph> <paragraph num="(2)"> <text>The contractor shall provide payment for the following informal child care arrangements:</text> <paragraph num="(a)"> <text>Relative care;</text> </paragraph> <paragraph num="(b)"> <text>In-home care; and</text> </paragraph> <paragraph num="(c)"> <text>Babysitting.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to submitting a CCS Program services application, the customer shall submit to the contractor a signed statement, on a form provided by the contractor, that specifies:</text> <paragraph num="(a)"> <text>Where the informal care is to be provided;</text> </paragraph> <paragraph num="(b)"> <text>The relationship of the child to the informal child care provider; and</text> </paragraph> <paragraph num="(c)"> <text>The names and ages of each child who will receive informal child care.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Unless approved as an informal child care provider before April 1, 2015, each individual who provides informal child care shall be a Maryland resident.</text> </paragraph> <paragraph num="(5)"> <text>An informal child care provider and each individual 18 years old or older who is a resident in the home shall apply for a fingerprint-supported State and federal criminal background check.</text> </paragraph> <paragraph num="(6)"> <text>Criminal Background Check Review.</text> <paragraph num="(a)"> <text>An individual who wishes to serve as an informal child care provider and each individual 18 years old or older who is a resident in the home shall apply for a fingerprint-supported State and federal criminal background check.</text> </paragraph> <paragraph num="(b)"> <text>The CCS Branch may not approve an individual to serve as an informal child care provider if the individual or a resident in the home who is 18 years old or older has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(i)"> <text>A crime involving a child, cruelty to animals, domestic violence of an intimate partner or spouse, or a weapons or firearms violation of federal or State law;</text> </paragraph> <paragraph num="(ii)"> <text>A sex offense;</text> </paragraph> <paragraph num="(iii)"> <text>A violent crime classified as a felony;</text> </paragraph> <paragraph num="(iv)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(v)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(vi)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(vii)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(viii)"> <text>Perjury;</text> </paragraph> <paragraph num="(ix)"> <text>Pornography;</text> </paragraph> <paragraph num="(x)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; or</text> </paragraph> <paragraph num="(xi)"> <text>Reckless endangerment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>Child Abuse and Neglect Record Review.</text> <paragraph num="(a)"> <text>The contractor shall conduct a child abuse and neglect record review for each individual who:</text> <paragraph num="(i)"> <text>Applies to serve as an informal provider; or</text> </paragraph> <paragraph num="(ii)"> <text>Resides in the informal care home and is 18 years old or older.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>At least once every 2 years that an informal provider continues to provide care, the contractor shall conduct a new child abuse and neglect record review for:</text> <paragraph num="(i)"> <text>The provider; and</text> </paragraph> <paragraph num="(ii)"> <text>Each resident of the home who is 18 years old or older;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The individual applying to serve, or serving, as an informal provider shall submit to the contractor a signed, dated, and notarized consent form that authorizes the CCS Branch to conduct a review of child abuse and neglect records for information about:</text> <paragraph num="(i)"> <text>The individual; and</text> </paragraph> <paragraph num="(ii)"> <text>Each resident in the informal child care home who is 18 years old or older.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If a child abuse and neglect record review finds that the subject of the review may have been responsible for abuse or neglect, the contractor shall make a request to the local department of social services for the details of the finding.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Informal Care Home Child Capacity.</text> <paragraph num="(a)"> <text>Unless approved otherwise by the CCS Branch, an informal child care home may not contain more than:</text> <paragraph num="(i)"> <text>Six children present in care at the same time; or</text> </paragraph> <paragraph num="(ii)"> <text>Two children younger than 2 years old in care at the same time.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In determining the maximum child care capacity of an informal care home, the contractor shall count a resident in the home who is younger than 6 years old as a child in care.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>An individual is approved to serve as an informal child care provider as of the date on which the contractor is in possession of documentation showing that the individual and each resident in the home who is 18 years old or older has successfully passed a:</text> <paragraph num="(a)"> <text>Criminal background check; and</text> </paragraph> <paragraph num="(b)"> <text>Review of records of abuse and neglect of children or adults.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Payment to an approved informal provider is effective on the date that the individual is approved to serve as an informal child care provider.</text> </paragraph> <paragraph num="(11)"> <text>The contractor may not approve payment:</text> <paragraph num="(a)"> <text>If an informal child care provider or a resident in the home who is 18 years old or older has not successfully passed a:</text> <paragraph num="(i)"> <text>Criminal background check; or</text> </paragraph> <paragraph num="(ii)"> <text>Review of records of abuse and neglect of children or adults; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For any day on which the provider is determined to be out of compliance with the child capacity requirements set forth at §D(8) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Disapproval of payment to an informal provider pursuant to §D(11)(a) of this regulation shall be effective as of the day on which the contractor receives information that the provider or a resident in the home who is 18 years old or older has not successfully passed a criminal history background check or a review of records of abuse and neglect of children or adults.</text> </paragraph> <paragraph num="(13)"> <text>If payment is disapproved, the contractor shall provide written notification of that disapproval to the:</text> <paragraph num="(a)"> <text>Provider; and</text> </paragraph> <paragraph num="(b)"> <text>Parent of each child in care.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>An individual providing, or applying to provide, informal child care services does not have hearing and appeal rights under the CCS Program except in the case of an intentional program violation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Child Care Vouchers."> <paragraph num="A."> <text>Use of Voucher.</text> <paragraph num="(1)"> <text>A CCS Program voucher may be used only with:</text> <paragraph num="(a)"> <text>A child care center;</text> </paragraph> <paragraph num="(b)"> <text>A family child care home: or</text> </paragraph> <paragraph num="(c)"> <text>An approved informal child care provider.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An informal child care voucher may be used only for informal child care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Voucher Issuance.</text> <paragraph num="(1)"> <text>A contractor shall:</text> <paragraph num="(a)"> <text>Issue a voucher to an eligible customer that is:</text> <paragraph num="(i)"> <text>Effective from the date a signed and dated application is received and all required verifications have been approved; and</text> </paragraph> <paragraph num="(ii)"> <text>Related to the schedule and duration of the applicant's activity; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Provide access to information and referral services to assist the customer in finding appropriate child care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except for a voucher issued pursuant to Regulation .09A(3) of this chapter, or unless a voucher becomes void pursuant to §B(3) of this regulation, each voucher is valid for a maximum of 12 months from the voucher’s issue date if the voucher is returned to the contractor within 60 days of its issue date.</text> </paragraph> <paragraph num="(3)"> <text>A child care voucher is void if:</text> <paragraph num="(a)"> <text>It is not signed by the child care provider and the customer;</text> </paragraph> <paragraph num="(b)"> <text>Placement is not made; or</text> </paragraph> <paragraph num="(c)"> <text>It is not returned to the contractor within 60 days of its issue date.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The contractor shall issue to a customer a notification of the expiration of a voucher at least 15 days before the expiration date to allow for application and review of the customer’s eligibility for a new voucher.</text> </paragraph> <paragraph num="(5)"> <text>A new voucher may be issued if a customer moves to another local jurisdiction in Maryland and the contractor determines that the customer is still eligible for CCS Program services.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Service Groups."> <paragraph num="A."> <text>Except that primary consideration within a service priority shall be given to a family requiring CCS Program services for a child with a disability or evidence of homelessness, provision of CCS Program services to a family shall be made according to established service priorities, which are:</text> <paragraph num="(1)"> <text>Priority 1, the highest service priority, which includes individuals who are receiving TCA and are:</text> <paragraph num="(a)"> <text>Job searching;</text> </paragraph> <paragraph num="(b)"> <text>Participating in a job readiness activity that has been verified by FIA; or</text> </paragraph> <paragraph num="(c)"> <text>Participating in an approved activity for at least 20 hours per week;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Priority 2, which includes individuals who are participating in an approved activity and are in compliance with TCA program requirements when their case closed and:</text> <paragraph num="(a)"> <text>Who have received TCA at any time within the prior 6 months;</text> </paragraph> <paragraph num="(b)"> <text>Who are no longer eligible for TCA; and</text> </paragraph> <paragraph num="(c)"> <text>Whose family income is less than or equal to the amounts listed for copayment levels A through J in Regulation .03H of this chapter, for the family's size; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Priority 3, the lowest service priority, which includes individuals who are participating in an approved activity and:</text> <paragraph num="(a)"> <text>Who are not TCA applicants or recipients; and</text> </paragraph> <paragraph num="(b)"> <text>Whose family income is less than or equal to the amounts listed for copayment levels A through J in Regulation .03H of this chapter, for the applicant's family size.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the CCS Program is reduced because of insufficient funds:</text> <paragraph num="(1)"> <text>The order of the priorities shall be applied in reverse for terminating services; and</text> </paragraph> <paragraph num="(2)"> <text>Within each service priority, services shall be terminated beginning with customers meeting income eligibility level J criteria, as set forth at Regulation .03H of this chapter, and, if necessary, proceeding in reverse order to income eligibility level A.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Redetermination."> <paragraph num="A."> <text>Unless a family with an open case is placed on program freeze status due to insufficient program funds, a contractor shall make a determination of child care need for a family:</text> <paragraph num="(1)"> <text>When there are significant changes in the family situation that may affect program eligibility, such as the reportable events set forth at Regulation .03G of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>At least every 12 months; or</text> </paragraph> <paragraph num="(3)"> <text>Within 10 calendar days of the completion of an Early Head Start or Head Start Program year if the child:</text> <paragraph num="(a)"> <text>Is enrolled in Early Head Start or Head Start; and</text> </paragraph> <paragraph num="(b)"> <text>Receives CCS Program services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>At redetermination, if a family with a child enrolled in Early Head Start or Head Start has an income that is overscale, the family shall continue in the CCS Program at income level J for the remainder of the Early Head Start or Head Start program year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Termination."> <paragraph num="A."> <text>The contractor shall terminate CCS Program payments if the:</text> <paragraph num="(1)"> <text>Program is reduced because of insufficient funds or is oversubscribed;</text> </paragraph> <paragraph num="(2)"> <text>Contractor determines that the parent violates the requirements of the CCS Program; or</text> </paragraph> <paragraph num="(3)"> <text>Customer:</text> <paragraph num="(a)"> <text>Fails to submit a complete application as specified at Regulation .05B of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Is no longer eligible on the basis of need or of income:</text> </paragraph> <paragraph num="(c)"> <text>Fails to pay the copayment, recorded on the voucher, when it is due;</text> </paragraph> <paragraph num="(d)"> <text>Commits welfare fraud as defined in the Criminal Law Article, §§8-501—8-504, Annotated Code of Maryland, and cited in the terms of agreement of the child care subsidy voucher;</text> </paragraph> <paragraph num="(e)"> <text>Fails to provide documentation required by the contractor to re-determine eligibility;</text> </paragraph> <paragraph num="(f)"> <text>Having care of a child eligible for child support services, refuses to cooperate with the State in pursuing child support obligations unless good cause is determined to exist;</text> </paragraph> <paragraph num="(g)"> <text>Fails to report any change, as specified in Regulation .03G of this chapter, that results in the receipt of benefits for which the applicant is not eligible;</text> </paragraph> <paragraph num="(h)"> <text>Fails to verify immunizations appropriate to the child's age pursuant to Regulation .03D of this chapter for each child receiving services; or</text> </paragraph> <paragraph num="(i)"> <text>Has been disqualified pursuant to Regulation .14O of this chapter, and the disqualification period has not ended.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Notification of Termination.</text> <paragraph num="(1)"> <text>Except for parents and providers who do not return the signed voucher to the contractor within 60 days, the contractor shall send a written notice to the parent and the provider at least 5 calendar days before termination of child care services or reduction of child care benefits that specifies the:</text> <paragraph num="(a)"> <text>Action to be taken;</text> </paragraph> <paragraph num="(b)"> <text>Reason for the action;</text> </paragraph> <paragraph num="(c)"> <text>Regulatory basis for the action; and</text> </paragraph> <paragraph num="(d)"> <text>Parent's hearing and appeal rights.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a voucher is written for less than 5 calendar days, the notification period does not apply.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Payments for Child Care Services."> <paragraph num="A."> <text>Basis of Payment.</text> <paragraph num="(1)"> <text>A sufficient number of invoice forms will be sent to the provider to cover the necessary service periods of a voucher after the voucher has been returned to the local department.</text> </paragraph> <paragraph num="(2)"> <text>A child care provider is paid:</text> <paragraph num="(a)"> <text>According to the weekly service unit rates as set out in §§B—D of this regulation for subsidies and Regulation .10B of this chapter for copayments;</text> </paragraph> <paragraph num="(b)"> <text>Based on 21.69 days in each month; and</text> </paragraph> <paragraph num="(c)"> <text>For authorized service units only.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A separate payment rate is established for each of the following seven CCS service regions within the State for family homes and child care centers:</text> <paragraph num="(a)"> <text>Region U, which comprises Cecil, Queen Anne's, St. Mary's, Talbot, and Washington counties;</text> </paragraph> <paragraph num="(b)"> <text>Region V, which comprises Caroline, Dorchester, Kent, Somerset, and Wicomico counties;</text> </paragraph> <paragraph num="(c)"> <text>Region W, which comprises Anne Arundel, Calvert, Carroll, Charles, and Prince George's counties;</text> </paragraph> <paragraph num="(d)"> <text>Region X, which comprises Howard and Montgomery counties;</text> </paragraph> <paragraph num="(e)"> <text>Region Y, which comprises Baltimore, Frederick, and Harford counties;</text> </paragraph> <paragraph num="(f)"> <text>Region Z, which comprises Allegany, Garrett, and Worcester counties; and</text> </paragraph> <paragraph num="(g)"> <text>Region BC, which is Baltimore City.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Rate of Payment and Cost Guidelines — Family Child Care Home.</text> <paragraph num="(1)"> <text>This section shall apply only to a family child care home that is registered to operate pursuant to COMAR 13A.15.</text> </paragraph> <paragraph num="(2)"> <text>The amount paid to a family child care provider who cares for a child in the provider's home is the lowest of the:</text> <paragraph num="(a)"> <text>Regional weekly service unit rates established by this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Weekly rate charged to the general public by the provider if that rate is comparable and competitive with the going rate in the community; or</text> </paragraph> <paragraph num="(c)"> <text>Actual cost of care.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The regional weekly service unit rates specified in this subsection are based on three units of service per day. For two-unit and one-unit regional weekly rates, multiply by 2/3 and 1/3, respectively, the following regional weekly rates:</text> <paragraph num="(a)"> <text>Rate for a child 24 months old or older:</text> <paragraph num="(i)"> <text>Region U — $93.63;</text> </paragraph> <paragraph num="(ii)"> <text>Region V — $83.11;</text> </paragraph> <paragraph num="(iii)"> <text>Region W — $115.97;</text> </paragraph> <paragraph num="(iv)"> <text>Region X — $147.43;</text> </paragraph> <paragraph num="(v)"> <text>Region Y — $115.91;</text> </paragraph> <paragraph num="(vi)"> <text>Region Z — $85.46; and</text> </paragraph> <paragraph num="(vii)"> <text>Region BC — $106.35; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Rate for a child younger than 24 months old:</text> <paragraph num="(i)"> <text>Region U — $123.00;</text> </paragraph> <paragraph num="(ii)"> <text>Region V — $100.34;</text> </paragraph> <paragraph num="(iii)"> <text>Region W — $156.71;</text> </paragraph> <paragraph num="(iv)"> <text>Region X — $184.50;</text> </paragraph> <paragraph num="(v)"> <text>Region Y — $148.63;</text> </paragraph> <paragraph num="(vi)"> <text>Region Z — $97.38; and</text> </paragraph> <paragraph num="(vii)"> <text>Region BC — $141.08.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Rate of Payment and Cost Guidelines — Child Care Center and Large Family Child Care Home.</text> <paragraph num="(1)"> <text>The amount paid to a child care center is the lowest of the:</text> <paragraph num="(a)"> <text>Regional weekly service unit rates established by this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Weekly rate charged to the general public by the child care center if that rate is comparable and competitive with the going rate in the community; or</text> </paragraph> <paragraph num="(c)"> <text>Actual cost of care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The regional weekly service unit rates specified in this subsection are based on three units of service per day. For two-unit and one-unit regional weekly rates, multiply by 2/3 and 1/3, respectively, the following regional weekly rates:</text> <paragraph num="(a)"> <text>Rate for a child 24 months old or older:</text> <paragraph num="(i)"> <text>Region U — $108.24;</text> </paragraph> <paragraph num="(ii)"> <text>Region V — $91.25;</text> </paragraph> <paragraph num="(iii)"> <text>Region W — $126.00;</text> </paragraph> <paragraph num="(iv)"> <text>Region X — $166.95;</text> </paragraph> <paragraph num="(v)"> <text>Region Y — $128.18;</text> </paragraph> <paragraph num="(vi)"> <text>Region Z — $87.79; and</text> </paragraph> <paragraph num="(vii)"> <text>Region BC — $112.16; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Rate for a child younger than 24 months old:</text> <paragraph num="(i)"> <text>Region U — $172.42;</text> </paragraph> <paragraph num="(ii)"> <text>Region V — $146.79;</text> </paragraph> <paragraph num="(iii)"> <text>Region W — $199.88;</text> </paragraph> <paragraph num="(iv)"> <text>Region X — $261.38;</text> </paragraph> <paragraph num="(v)"> <text>Region Y — $208.29;</text> </paragraph> <paragraph num="(vi)"> <text>Region Z — $112.75; and</text> </paragraph> <paragraph num="(vii)"> <text>Region BC — $187.79.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The informal child care weekly service unit rates specified in this section are based on three units of service per day. For two-unit and one-unit regional weekly rates, multiply by 2/3 and 1/3, respectively, the following jurisdictional weekly rates:</text> <paragraph num="(1)"> <text>Rate for a child 24 months old or older:</text> <paragraph num="(a)"> <text>Allegany County — $53.76;</text> </paragraph> <paragraph num="(b)"> <text>Anne Arundel County — $56.81;</text> </paragraph> <paragraph num="(c)"> <text>Baltimore County — $60.38;</text> </paragraph> <paragraph num="(d)"> <text>Calvert County — $56.81;</text> </paragraph> <paragraph num="(e)"> <text>Caroline County — $41.53;</text> </paragraph> <paragraph num="(f)"> <text>Carroll County — $56.81;</text> </paragraph> <paragraph num="(g)"> <text>Cecil County — $53.76;</text> </paragraph> <paragraph num="(h)"> <text>Charles County — $56.81;</text> </paragraph> <paragraph num="(i)"> <text>Dorchester County — $41.53;</text> </paragraph> <paragraph num="(j)"> <text>Frederick County — $60.38;</text> </paragraph> <paragraph num="(k)"> <text>Garrett County — $54.01;</text> </paragraph> <paragraph num="(l)"> <text>Harford County — $60.38;</text> </paragraph> <paragraph num="(m)"> <text>Howard County — $75.92;</text> </paragraph> <paragraph num="(n)"> <text>Kent County — $41.53;</text> </paragraph> <paragraph num="(o)"> <text>Montgomery County — $75.92;</text> </paragraph> <paragraph num="(p)"> <text>Prince George's County — $56.81;</text> </paragraph> <paragraph num="(q)"> <text>Queen Anne's County — $46.88;</text> </paragraph> <paragraph num="(r)"> <text>St. Mary's County — $53.76;</text> </paragraph> <paragraph num="(s)"> <text>Somerset County — $41.53;</text> </paragraph> <paragraph num="(t)"> <text>Talbot County — $46.88;</text> </paragraph> <paragraph num="(u)"> <text>Washington County — $54.01;</text> </paragraph> <paragraph num="(v)"> <text>Wicomico County — $41.53;</text> </paragraph> <paragraph num="(w)"> <text>Worcester County — $44.07; and</text> </paragraph> <paragraph num="(x)"> <text>Baltimore City — $54.77; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Rate for a child younger than 24 months old:</text> <paragraph num="(a)"> <text>Allegany County — $62.93;</text> </paragraph> <paragraph num="(b)"> <text>Anne Arundel County — $71.84;</text> </paragraph> <paragraph num="(c)"> <text>Baltimore County — $71.84;</text> </paragraph> <paragraph num="(d)"> <text>Calvert County — $71.84;</text> </paragraph> <paragraph num="(e)"> <text>Caroline County — $46.88;</text> </paragraph> <paragraph num="(f)"> <text>Carroll County — $73.12;</text> </paragraph> <paragraph num="(g)"> <text>Cecil County — $55.28;</text> </paragraph> <paragraph num="(h)"> <text>Charles County — $71.84;</text> </paragraph> <paragraph num="(i)"> <text>Dorchester County — $46.88;</text> </paragraph> <paragraph num="(j)"> <text>Frederick County — $71.84;</text> </paragraph> <paragraph num="(k)"> <text>Garrett County — $62.93;</text> </paragraph> <paragraph num="(l)"> <text>Harford County — $71.84;</text> </paragraph> <paragraph num="(m)"> <text>Howard County — $90.95;</text> </paragraph> <paragraph num="(n)"> <text>Kent County — $46.88;</text> </paragraph> <paragraph num="(o)"> <text>Montgomery County — $90.95;</text> </paragraph> <paragraph num="(p)"> <text>Prince George's County — $71.84;</text> </paragraph> <paragraph num="(q)"> <text>Queen Anne's County — $55.28;</text> </paragraph> <paragraph num="(r)"> <text>St. Mary's County — $62.93;</text> </paragraph> <paragraph num="(s)"> <text>Somerset County — $46.88;</text> </paragraph> <paragraph num="(t)"> <text>Talbot County — $55.28;</text> </paragraph> <paragraph num="(u)"> <text>Washington County — $55.28;</text> </paragraph> <paragraph num="(v)"> <text>Wicomico County — $46.88;</text> </paragraph> <paragraph num="(w)"> <text>Worcester County — $46.88; and</text> </paragraph> <paragraph num="(x)"> <text>Baltimore City — $69.04.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Additional Costs.</text> <paragraph num="(1)"> <text>A payment rate schedule is established for children attending public or nonpublic elementary or middle schools for the full school day who receive child care services. The payment rate schedule is:</text> <paragraph num="(a)"> <text>Paid pursuant to the maximum payment rates listed in §§B—D of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Valid when authorized child care services are provided:</text> <paragraph num="(i)"> <text>On a regular basis beyond school hours; and</text> </paragraph> <paragraph num="(ii)"> <text>When schools are closed during the school year;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Based on a 42-week payment schedule that is calculated by averaging the child's rate for:</text> <paragraph num="(i)"> <text>36 weeks of one or two authorized service units per day when school is scheduled to be in session; and</text> </paragraph> <paragraph num="(ii)"> <text>6 weeks of three authorized service units per day when school is scheduled to be closed; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Applied to an uninterrupted 10-week school vacation when:</text> <paragraph num="(i)"> <text>The vacation period is not included in §F(1)(b)(ii) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>The care is authorized by the contractor for three units of service a day.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The 52-week payment schedule is established for children attending public or nonpublic elementary or middle schools for the full school day that are open year-round and is calculated by averaging the child's rate for:</text> <paragraph num="(a)"> <text>36 weeks of one or two authorized service units per day when school is scheduled to be in session;</text> </paragraph> <paragraph num="(b)"> <text>6 weeks of three authorized service units per day when school is scheduled to be closed; and</text> </paragraph> <paragraph num="(c)"> <text>10 designated school vacation weeks of three authorized service units per day.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The contractor shall approve additional costs that exceed the payment rates specified in §§B—D of this regulation when child care is provided during nontraditional hours. Nontraditional hours are:</text> <paragraph num="(a)"> <text>1 hour or more between 7 p.m. and 6 a.m. on Monday through Friday; and</text> </paragraph> <paragraph num="(b)"> <text>Any period of 1 hour or more on Saturday or Sunday.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Additional costs above the rates shall be authorized for care provided weekly during nontraditional hours up to:</text> <paragraph num="(a)"> <text>5 percent for one unit of care;</text> </paragraph> <paragraph num="(b)"> <text>10 percent for two units of care; or</text> </paragraph> <paragraph num="(c)"> <text>15 percent for three units of care.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>For a child with a disability, the payment rates specified in §§B and C of this regulation apply, except if the service provider offers documentation to the contractor that the cost of caring for the child with a disability exceeds the reasonable accommodation definition.</text> </paragraph> <paragraph num="(6)"> <text>The State may assist with one-time only or ongoing accommodation costs for materials or personnel if:</text> <paragraph num="(a)"> <text>The provider submits to the contractor a completed special disability rate request form, supplied by the contractor, that describes the need for the special accommodation; and</text> </paragraph> <paragraph num="(b)"> <text>The accommodation does not create a significant difficulty or expense.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Upon receipt of a special disability rate request form that meets the requirements of §E(6)(a) of this regulation, the contractor shall:</text> <paragraph num="(a)"> <text>Approve the additional cost not to exceed the annual allocated amount up to 15 percent above the rates set out in §§B and C of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>If the requested cost exceeds 15 percent, submit a recommendation to the CCS Branch for approval of a higher payment not to exceed the annual allocated amount.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Payment Policy.</text> <paragraph num="(1)"> <text>The contractor shall process payment for the provider for CCS Program services through a completed invoice or other means approved by the CCS Branch.</text> </paragraph> <paragraph num="(2)"> <text>The rate paid to the provider is based on the region in which the:</text> <paragraph num="(a)"> <text>Child care is given if the provider is a:</text> <paragraph num="(i)"> <text>Family child care provider; or</text> </paragraph> <paragraph num="(ii)"> <text>Center child care provider; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Child resides, if the provider is an informal child care provider.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The subsidy to be paid to a provider by the contractor is computed by subtracting the applicable weekly copayment for each child in the family receiving child care subsidy services, as set forth in Regulation .10B—C of this chapter, from the lowest of the:</text> <paragraph num="(a)"> <text>Weekly actual cost of care;</text> </paragraph> <paragraph num="(b)"> <text>Weekly local market rate; or</text> </paragraph> <paragraph num="(c)"> <text>Weekly applicable maximum provider payment rate set forth in Regulation .09B—D of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A provider is paid only for the time authorized by the voucher and may not be paid in excess of that time.</text> </paragraph> <paragraph num="(5)"> <text>A provider may not be paid for more than:</text> <paragraph num="(a)"> <text>The maximum full-time equivalent slots authorized for care by the Office of Child Care, Licensing Branch for care that is licensed or registered; or</text> </paragraph> <paragraph num="(b)"> <text>In accordance with Regulation .11D of this chapter, the amount allowed for informal child care.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Except for vouchers written for less than 5 calendar days in accordance with Regulation .07B(2) of this chapter, and subject to §F(12)(a)(vi) of this regulation, the contractor shall pay for a 5 calendar day termination notification period to a provider of:</text> <paragraph num="(a)"> <text>Family child care; or</text> </paragraph> <paragraph num="(b)"> <text>Center child care.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>If a voucher signed by the parent and the provider is not received by the contractor within 60 calendar days of issuance, the provider may not be paid:</text> <paragraph num="(a)"> <text>Without attendance records signed by the provider and parent; or</text> </paragraph> <paragraph num="(b)"> <text>For the first 60 calendar days of the voucher.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Except that holidays are included in the payment schedule pursuant to §E(1) and (2) of this regulation and not paid separately, family child care providers and center child care providers are paid for six holidays including Christmas, New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day, according to the:</text> <paragraph num="(a)"> <text>Number of children enrolled in care the day before the holiday; and</text> </paragraph> <paragraph num="(b)"> <text>Enrollment status of the child during the period in which the holiday falls.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Family child care and center child care providers shall be paid for those days when the services are closed for:</text> <paragraph num="(a)"> <text>An official emergency that is declared by the State or local government; and</text> </paragraph> <paragraph num="(b)"> <text>Voluntary closure days, as defined at Regulation .02B of this chapter, when:</text> <paragraph num="(i)"> <text>Child care services are not provided;</text> </paragraph> <paragraph num="(ii)"> <text>The period of voluntary closure does not include more than 2 consecutive weeks annually; and</text> </paragraph> <paragraph num="(iii)"> <text>Except in cases of provider or family illness or death, the provider gives 2 weeks written notice of closure to the parent and the contractor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>Family child care and center child care providers are paid for the time a child is absent up to 60 calendar days per calendar year, except that in the case of illness or injury of the child, documented by a health practitioner, the contractor may authorize additional absences.</text> </paragraph> <paragraph num="(11)"> <text>Payment may not be made to an informal child care provider for any holiday or for any child absence, except that for eligible customers, payments shall be made fora Christmas Day, New Year’s Day, Memorial Day, Independence Day, Labor Day, or Thanksgiving Day if the provider submits verification of child attendance in care.</text> </paragraph> <paragraph num="(12)"> <text>Payment, including that for the termination notification period, may not be made to a provider if:</text> <paragraph num="(a)"> <text>The provider:</text> <paragraph num="(i)"> <text>Denies parental access to the child;</text> </paragraph> <paragraph num="(ii)"> <text>Has been identified as responsible for child abuse or neglect, as defined in COMAR 13A.15.01.02B;</text> </paragraph> <paragraph num="(iii)"> <text>Is the child's parent, stepparent, or legal guardian, or is a member of the child's CCS or TCA assistance unit;</text> </paragraph> <paragraph num="(iv)"> <text>Fails to give 5 calendar days written notice of service termination to the parent;</text> </paragraph> <paragraph num="(v)"> <text>Has been disqualified pursuant to Regulation .14M of this chapter and the disqualification period has not ended;</text> </paragraph> <paragraph num="(vi)"> <text>Has committed an intentional program violation;</text> </paragraph> <paragraph num="(vii)"> <text>If required to be licensed or registered, is not licensed or registered;</text> </paragraph> <paragraph num="(viii)"> <text>Has had a child care license or registration suspended or revoked;</text> </paragraph> <paragraph num="(ix)"> <text>If required to submit an affirmation of compliance with health and safety standards, has not submitted the affirmation;</text> </paragraph> <paragraph num="(x)"> <text>Has not submitted a signed release of information form consenting to a review of child abuse and neglect records;</text> </paragraph> <paragraph num="(xi)"> <text>Has not applied for a criminal background check;</text> </paragraph> <paragraph num="(xii)"> <text>Has a criminal history that includes a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at Regulation .06D(6) of this chapter; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The contractor has documented information indicating that the provider, a resident in the informal child care home, or the informal child care home itself presents a risk to the health or safety of a child in care.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>Stoppage of payment to a provider whose child care license or registration has been suspended or revoked is based on the date of the suspension or revocation notice.</text> </paragraph> <paragraph num="(14)"> <text>Effective June 29, 2015, payment may not be made to a family child care home or a child care center unless the home or center is participating, or has applied for participation in, Maryland EXCELS and a quality rating has been assigned and published by Maryland EXCELS.</text> </paragraph> <paragraph num="(15)"> <text>An informal child care provider may not require or request a parent to pay a fee that is in addition to the copayment required by the State.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Method of Payment.</text> <paragraph num="(1)"> <text>State Payment.</text> <paragraph num="(a)"> <text>The contractor shall pay a provider upon approval of an invoice submitted within 60 calendar days of the end date of the last service period.</text> </paragraph> <paragraph num="(b)"> <text>The amount of the invoice shall match the authorized service units listed on the voucher.</text> </paragraph> <paragraph num="(c)"> <text>Payment may not be made for any units in excess of those authorized by the voucher.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Parental Payment.</text> <paragraph num="(a)"> <text>Parental payment for child care services shall be made directly to the provider at times set by the provider and shall follow the payment policy of the provider.</text> </paragraph> <paragraph num="(b)"> <text>The parent shall pay the provider the copayment listed on the voucher.</text> </paragraph> <paragraph num="(c)"> <text>The provider shall give the parent a receipt for the full amount of the parent's payment.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An invoice adjustment may be made within 12 months after the end of the month in which services were provided.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Payment Irregularities.</text> <paragraph num="(1)"> <text>Overpayments are collected from:</text> <paragraph num="(a)"> <text>Customers when they fail to report a timely change;</text> </paragraph> <paragraph num="(b)"> <text>Providers when they fail to correctly report information;</text> </paragraph> <paragraph num="(c)"> <text>A customer or provider who benefits from an erroneous service reimbursement made by the contractor.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Calculation of Overpayments. A provider or a customer overpayment, whether it occurs due to incorrect or incomplete information at application, or to a change in the customer’s or provider’s circumstances that was unreported or reported late, shall:</text> <paragraph num="(a)"> <text>Be counted from the beginning of the service period; and</text> </paragraph> <paragraph num="(b)"> <text>Include each subsequent service period in which the incorrect subsidy reimbursement is identified.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The contractor shall calculate the amount of an overpayment to a customer or a provider by determining the:</text> <paragraph num="(a)"> <text>Correct amount to be paid;</text> </paragraph> <paragraph num="(b)"> <text>Amount of the incorrect payment; and</text> </paragraph> <paragraph num="(c)"> <text>Difference between the correct and incorrect payment amounts.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Notification.</text> <paragraph num="(a)"> <text>In the event of an overpayment to a customer or a provider, the contractor shall notify the recipient of the overpayment within 30 calendar days after the discovery of the overpayment.</text> </paragraph> <paragraph num="(b)"> <text>If, 30 calendar days after the overpayment notification specified at §H(4)(a) of this regulation was sent, there is no response from the overpayment recipient, the contractor shall promptly send a second overpayment notification to the recipient.</text> </paragraph> <paragraph num="(c)"> <text>If, 30 calendar days after the second overpayment notification specified at §H(4)(b) of this regulation was sent, there is no response from the overpayment recipient, the contractor shall promptly send a third overpayment notification to the recipient.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Recovery from a customer or a provider of an overpayment amount shall be made by:</text> <paragraph num="(a)"> <text>Repayment of the full amount by the customer or the provider, as applicable; or</text> </paragraph> <paragraph num="(b)"> <text>If the overpayment amount was paid to the provider, reduction of continuing child care payments.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If a customer or a provider does not pay the repayment of an overpayment amount as directed by the contractor, the contractor shall request that the State take action to collect that amount.</text> </paragraph> <paragraph num="(7)"> <text>If an overpayment is recovered incrementally, it shall be recovered at a monthly rate of:</text> <paragraph num="(a)"> <text>10 percent of the overpayment for cases not involving fraud; or</text> </paragraph> <paragraph num="(b)"> <text>20 percent of the overpayment for cases involving fraud.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The contractor shall promptly correct any underpayment to a recipient or a service provider.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Copayments."> <paragraph num="A."> <text>Parental Copayments.</text> <paragraph num="(1)"> <text>An individual or family who uses CCS Program services shall contribute financially to the cost of those services, except for the following, who are exempt:</text> <paragraph num="(a)"> <text>TCA applicants or recipients pursuant to Regulation .08A(1) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>SSI recipients; or</text> </paragraph> <paragraph num="(c)"> <text>A CCS customer for a voucher issued for a voluntary closure period as defined in Regulation .02B of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except for additional vouchers issued for voluntary closure days, parental copayments are paid to a provider based on the provider's payment schedule and shall include a minimum copayment, as listed on the child care voucher and in accordance with Regulation .11A(2) of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Except as exempted under §A of this regulation, parental copayments are assessed for three or fewer children who are receiving child care subsidy services. Copayments are assessed for services provided to an eligible child as follows:</text> <paragraph num="(a)"> <text>The youngest child in care is assessed the highest copayment;</text> </paragraph> <paragraph num="(b)"> <text>The second child in care, who is the next oldest, is assessed a lower copayment;</text> </paragraph> <paragraph num="(c)"> <text>The third child in care, who is the next oldest in age to the second child, is assessed the same copayment amount as the second child; and</text> </paragraph> <paragraph num="(d)"> <text>No copayment is assessed for the fourth child and subsequent children.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Parental copayments are determined on the basis of family size and income as set forth in Regulation .03H of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Regional Weekly Copayment Tables.</text> <paragraph num="(1)"> <text>These regional weekly copayment tables are based on three units of service per day. For the two-unit and one-unit regional weekly copayments, multiply the figures in §B(2) and (3) of this regulation by 2/3 and 1/3 respectively.</text> </paragraph> <paragraph num="(2)"> <text>Copayments for a Child 24 Months Old and Older in Family Child Care or Center Care.</text> <paragraph num="(a)"> <text>Copayments Amounts for First (Youngest) Child in Care.</text> </paragraph> <paragraph num="(b)"> <text>Copayments Amounts for Second and Third Children in Care.</text> </paragraph> <paragraph num="(c)"> <text>A copayment is not assessed for subsequent children in a family who are:</text> <paragraph num="(i)"> <text>The oldest children in the family pursuant to §A(3) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>Receiving CCS Program services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Copayments for a Child Younger than 24 Months Old in Family Child Care or Center Care.</text> <paragraph num="(a)"> <text>Copayments Amounts for First (Youngest) Child in Care.</text> </paragraph> <paragraph num="(b)"> <text>Copayments Amounts for Second and Third Children in Care.</text> </paragraph> <paragraph num="(c)"> <text>A copayment is not assessed for subsequent children in a family who are:</text> <paragraph num="(i)"> <text>The oldest children in the family pursuant to §A(3) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>Receiving CCS Program services.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A family using informal care shall pay a copayment amount which is equal to the amount produced by multiplying the appropriate percentage from the following table by the informal care weekly rate in the jurisdiction where the child resides:</text> <paragraph num="(1)"> <text>Copayments Amounts for First (Youngest) Child in Care.</text> </paragraph> <paragraph num="(2)"> <text>Copayments Amounts for Second and Third Children in Care.</text> </paragraph> <paragraph num="(3)"> <text>A copayment is not assessed for subsequent children in a family who are:</text> <paragraph num="(a)"> <text>The oldest children in the family pursuant to §A(3) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Receiving CCS Program services.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Determination of Weekly Copayments.</text> <paragraph num="(1)"> <text>In Regulation .03H of this chapter, the contractor shall find the family size and income to identify the corresponding copayment level letter, and:</text> <paragraph num="(a)"> <text>Refer to the weekly copayment tables for regulated care listed under §B of this regulation to locate the appropriate regional weekly copayment for the:</text> <paragraph num="(i)"> <text>Youngest child in the family in care; and</text> </paragraph> <paragraph num="(ii)"> <text>Second and third oldest children in the family in care; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Determine the weekly copayment for informal child care by multiplying the appropriate regional weekly copayment percentage by the appropriate weekly informal rate, which may not exceed the rates listed in §C of this regulation by the appropriate weekly informal rate, which may not exceed the rates listed in Regulation .11D of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For any family size greater than ten, the weekly copayment is the same as for a family of ten.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Confidentiality."> <paragraph num="A."> <text>Except under certain circumstances established by law, information provided by a family in applying for a federal, State, or local jurisdiction assistance program is protected from disclosure under the:</text> <paragraph num="(1)"> <text>Food Stamp Act of 1977, as amended; and</text> </paragraph> <paragraph num="(2)"> <text>Human Services Article, §1-202, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A family has the right to review its case file after providing a written request to the CCS Branch.</text> </paragraph> <paragraph num="C."> <text>Information obtained from families applying for assistance may be released, without written consent, to an individual directly connected with the administration or enforcement of the CCS Program.</text> </paragraph> <paragraph num="D."> <text>Except when a release of information is completed by the family and is on file in the customer’s record, a contractor may not share family information with a provider.</text> </paragraph> <paragraph num="E."> <text>A victim of domestic violence whose address is protected under Maryland law or policy may use substitute address information to apply for services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Intentional Program Violations."> <paragraph num="A."> <text>Notice of intentional program violation disqualification penalties shall be posted in clear and prominent lettering on the:</text> <paragraph num="(1)"> <text>CCS Program application form used by a customer to apply for child care subsidy; and</text> </paragraph> <paragraph num="(2)"> <text>Terms of agreement completed by a provider when a child is enrolled for CCS Program services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the contractor receives information that a customer or a provider may have committed an intentional program violation, the contractor may:</text> <paragraph num="(1)"> <text>Refer the information to the Division’s fraud investigator, who shall:</text> <paragraph num="(a)"> <text>Conduct an investigation of the suspected intentional program violators;</text> </paragraph> <paragraph num="(b)"> <text>Prepare a report on the completed investigation showing the methods used to obtain information;</text> </paragraph> <paragraph num="(c)"> <text>Make the report available to the Division; or</text> </paragraph> <paragraph num="(d)"> <text>Refer the customer or the provider to the local State’s Attorney if the alleged facts in the case meet the guidelines established by the State’s Attorney for prosecution;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Allow a customer or a provider to waive the customer’s or the provider’s right to an administrative disqualification hearing; or</text> </paragraph> <paragraph num="(3)"> <text>Refer the customer or the provider, as applicable, to the Office of Administrative Hearings (OAH) for an administrative disqualification hearing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Supervisory Review. Before providing advanced written notification that a customer or a provider may waive the customer’s or provider’s right to an administrative disqualification hearing, the contractor shall ensure that a supervisor:</text> <paragraph num="(1)"> <text>Reviews the evidence against the customer or the provider; and</text> </paragraph> <paragraph num="(2)"> <text>Determines whether the evidence warrants scheduling of a disqualification hearing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Waiver Hearing. When the contractor decides to allow a customer or a provider to waive the customer’s or the provider’s right to an administrative disqualification hearing, the contractor shall notify the customer or the provider in writing. The notice shall include:</text> <paragraph num="(1)"> <text>A summary of the charge against the customer or the provider and the evidence to support it;</text> </paragraph> <paragraph num="(2)"> <text>Information regarding the administrative disqualification hearing including:</text> <paragraph num="(a)"> <text>A statement that the customer or the provider may waive the right to an administrative disqualification hearing;</text> </paragraph> <paragraph num="(b)"> <text>The date the contractor will refer the case to the OAH for a hearing if the contractor has not received the signed waiver, which is not later than 20 calendar days after the mailing of the notice;</text> </paragraph> <paragraph num="(c)"> <text>The requirement that the customer or the provider shall sign the waiver;</text> </paragraph> <paragraph num="(d)"> <text>A statement that the customer or the provider has the right to remain silent and that anything the individual says or signs concerning the charge may be used in future administrative or judicial proceedings; and</text> </paragraph> <paragraph num="(e)"> <text>A statement that signing the waiver will result in disqualification and reduce or terminate services for the customer or the provider;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An opportunity for the customer or the provider to admit to the facts presented by the CCS Branch;</text> </paragraph> <paragraph num="(4)"> <text>A statement that the disqualified customer or provider is responsible for repayment of any overpayment received;</text> </paragraph> <paragraph num="(5)"> <text>A statement that a hearing does not preclude the State or federal government from prosecuting the customer or the provider for the intentional program violation in a civil or criminal court; and</text> </paragraph> <paragraph num="(6)"> <text>The name and telephone number of the person to contact for additional information.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the local State’s Attorney decides that a case does not warrant prosecution, the contractor shall refer the case to the OAH for an administrative disqualification hearing.</text> </paragraph> <paragraph num="F."> <text>If the local State’s Attorney does not act on a referred case within 30 calendar days, the referral shall be withdrawn and the case shall be referred to the OAH for an administrative disqualification hearing.</text> </paragraph> <paragraph num="G."> <text>The contractor may not initiate an administrative disqualification hearing:</text> <paragraph num="(1)"> <text>Against a customer or a provider whose case is being referred by the State’s Attorney for prosecution; or</text> </paragraph> <paragraph num="(2)"> <text>After the State’s Attorney or a court of appropriate jurisdiction has taken any action against the customer or the provider in a case arising out of the same or related circumstance.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Imposition of Disqualification Penalties. If the contractor receives a signed waiver of the right to an administrative disqualification hearing, the contractor shall apply the disqualification penalty at the beginning of the next service period.</text> </paragraph> <paragraph num="I."> <text>If the contractor does not receive a signed waiver of the right to an administrative disqualification hearing within 20 calendar days of providing advance notification in accordance with §D of this regulation, the contractor shall refer the individual to the OAH for a hearing in accordance with COMAR 13A.14.06.15.</text> </paragraph> <paragraph num="J."> <text>The referral shall include:</text> <paragraph num="(1)"> <text>Identifying case information;</text> </paragraph> <paragraph num="(2)"> <text>A summary of the alleged intentional program violation;</text> </paragraph> <paragraph num="(3)"> <text>Copies of the contractor’s supporting documentation; and</text> </paragraph> <paragraph num="(4)"> <text>Documentation that the customer or the provider has been:</text> <paragraph num="(a)"> <text>Previously disqualified for an intentional program violation; or</text> </paragraph> <paragraph num="(b)"> <text>Convicted by a court of fraud involving the CCS Program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>A pending disqualification hearing does not affect the customer’s or the provider’s right to be certified and participate in the program.</text> </paragraph> <paragraph num="L."> <text>The contractor shall terminate or reduce the services if:</text> <paragraph num="(1)"> <text>The customer or the provider returns the signed waiver to the contractor;</text> </paragraph> <paragraph num="(2)"> <text>The customer or the provider fails to request a hearing and continuation of benefits after notice of termination or reduction;</text> </paragraph> <paragraph num="(3)"> <text>The decision of the contractor is upheld upon disposition of an intentional program violation hearing; and</text> </paragraph> <paragraph num="(4)"> <text>The State’s Attorney Office’s final disposition of a referred proceeding is received.</text> </paragraph> </paragraph> <paragraph num="M."> <text>A customer or a provider who has waived the right to an administrative disqualification hearing or was found to have committed an intentional CCS Program violation is ineligible to participate in the CCS Program as follows:</text> <paragraph num="(1)"> <text>For the first violation, the customer or the provider may not receive any CCS Program payments for 6 months from the date payment was denied or until the customer or provider makes full restitution to the CCS Program, whichever is earlier;</text> </paragraph> <paragraph num="(2)"> <text>For the second violation, the customer or the provider may not receive any CCS Program payments for 12 months from the date the payment was denied or until the customer or the provider makes full restitution to the CCS Program, whichever is earlier;</text> </paragraph> <paragraph num="(3)"> <text>For the third violation, the customer or the provider shall be permanently barred from receiving CCS Program payments and shall pay restitution to the CCS Program; and</text> </paragraph> <paragraph num="(4)"> <text>For a determination of an intentional program violation based on a customer’s or a provider’s conviction in a federal or state court on charges that the person misrepresented the location of his or her residence in order to obtain services from two or more states, the customer or the provider is not eligible to receive CCS Program services or payments for 10 years from the finding.</text> </paragraph> </paragraph> <paragraph num="N."> <text>The disqualification period begins with the service period after which the customer or the provider is sent written notification of the disqualification:</text> <paragraph num="(1)"> <text>Upon disposition of an intentional program violation hearing if the decision of the contractor is upheld;</text> </paragraph> <paragraph num="(2)"> <text>When a waiver is signed; or</text> </paragraph> <paragraph num="(3)"> <text>Upon final disposition of any proceeding referred to the local State’s Attorney Office.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Once a disqualification penalty has been imposed under §M(1) or (2) of this regulation, the period of disqualification continues uninterrupted until the earlier of:</text> <paragraph num="(1)"> <text>Full repayment of the benefit; or</text> </paragraph> <paragraph num="(2)"> <text>Completion of the time period.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Before imposing the sanction, the CCS Branch shall provide written notice to the customer or the provider of the:</text> <paragraph num="(1)"> <text>Effective disqualification date;</text> </paragraph> <paragraph num="(2)"> <text>Reason for imposing the sanction;</text> </paragraph> <paragraph num="(3)"> <text>Payment that the applicant, customer, or provider was receiving; and</text> </paragraph> <paragraph num="(4)"> <text>Date on which the customer may reapply or the provider may begin offering service because the disqualification period has expired.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>If a customer or the provider has been disqualified pursuant to this regulation, the contractor shall send the customer or the provider a demand letter for restitution, which shall include:</text> <paragraph num="(1)"> <text>The amount owed;</text> </paragraph> <paragraph num="(2)"> <text>The reason for the claim;</text> </paragraph> <paragraph num="(3)"> <text>The period of time covered by the claim;</text> </paragraph> <paragraph num="(4)"> <text>The procedure for paying the claim;</text> </paragraph> <paragraph num="(5)"> <text>The right to request renegotiation of any repayment schedule if the customer’s or the provider’s economic circumstances change; and</text> </paragraph> <paragraph num="(6)"> <text>The requirement to:</text> <paragraph num="(a)"> <text>Sign the repayment notice to indicate agreement to make restitution;</text> </paragraph> <paragraph num="(b)"> <text>Select the method of payment; and</text> </paragraph> <paragraph num="(c)"> <text>Return the repayment notice within 30 calendar days of the date of the notice.</text> </paragraph> </paragraph> </paragraph> <paragraph num="R."> <text>The customer or the provider may request a hearing before the OAH if the individual disagrees with the amount of the overpayment or the method of repayment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Hearings and Appeals."> <paragraph num="A."> <text>Appeal by Customer. A customer may request a hearing if the contractor:</text> <paragraph num="(1)"> <text>Denies, suspends, reduces, or terminates assistance;</text> </paragraph> <paragraph num="(2)"> <text>Fails to act with reasonable promptness on an application for, or a request for adjustment of assistance; or</text> </paragraph> <paragraph num="(3)"> <text>Imposes sanctions on a recipient; or</text> </paragraph> <paragraph num="(4)"> <text>Recovers an overpayment in assistance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice.</text> <paragraph num="(1)"> <text>The contractor shall send written notice of any adverse action in writing:</text> <paragraph num="(a)"> <text>To the customer; and</text> </paragraph> <paragraph num="(b)"> <text>To a provider who is denied payment for committing an intentional program violation pursuant to Regulation .14M of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Notice of any adverse action shall include the:</text> <paragraph num="(a)"> <text>Decision;</text> </paragraph> <paragraph num="(b)"> <text>Basis for the decision;</text> </paragraph> <paragraph num="(c)"> <text>Specific regulation supporting the decision;</text> </paragraph> <paragraph num="(d)"> <text>Right to request an appeal;</text> </paragraph> <paragraph num="(e)"> <text>Method by which an appeal may be requested;</text> </paragraph> <paragraph num="(f)"> <text>Right to be represented in an appeal by a lawyer, relative, friend, or other individual; and</text> </paragraph> <paragraph num="(g)"> <text>Availability of any free legal services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The customer or provider may appeal within 90 calendar days of the date of the notice of adverse action.</text> </paragraph> <paragraph num="(4)"> <text>An appeal request:</text> <paragraph num="(a)"> <text>Is made by filing a completed MSDE appeal request form with the contractor;</text> </paragraph> <paragraph num="(b)"> <text>May be received by any employee of the contractor whose assignment requires contact with the public; and</text> </paragraph> <paragraph num="(c)"> <text>Shall be submitted immediately by the contractor to the designated hearing coordinator.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The filing date of the appeal request is the date the contractor received the completed MSDE appeal request form.</text> </paragraph> <paragraph num="(6)"> <text>Contractor Assistance in the Appeal Request. The contractor shall assist the appellant in completing an appropriate appeal request form to ensure that it contains all the information required to process the request and, if necessary, shall provide an interpreter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Processing of Appeal Requests.</text> <paragraph num="(1)"> <text>Within 5 business days of the filing date of an appeal request, the contractor shall:</text> <paragraph num="(a)"> <text>Forward the following information to OAH:</text> <paragraph num="(i)"> <text>Date of the request;</text> </paragraph> <paragraph num="(ii)"> <text>Name and address of the appellant;</text> </paragraph> <paragraph num="(iii)"> <text>Name and address of the local department representative;</text> </paragraph> <paragraph num="(iv)"> <text>Action being appealed;</text> </paragraph> <paragraph num="(v)"> <text>Date of the action being appealed; and</text> </paragraph> <paragraph num="(vi)"> <text>Date notice of the action was mailed to the appellant; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Acknowledge to the appellant receipt of the appeal request.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Conference.</text> <paragraph num="(a)"> <text>When the contractor receives an appeal request, the contractor shall promptly offer the appellant a conference.</text> </paragraph> <paragraph num="(b)"> <text>A contractor supervisor shall attend the conference.</text> </paragraph> <paragraph num="(c)"> <text>The case manager responsible for the action may also attend.</text> </paragraph> <paragraph num="(d)"> <text>Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Continuation of Assistance Pending Appeal.</text> <paragraph num="(1)"> <text>Assistance shall be automatically continued or reinstated if the filing date of the appeal request is within 10 calendar days of the intended action.</text> </paragraph> <paragraph num="(2)"> <text>Assistance may not be continued or reinstated pending appeal if:</text> <paragraph num="(a)"> <text>An appellant specifically requests that assistance not be continued or reinstated pending appeal;</text> </paragraph> <paragraph num="(b)"> <text>The eligibility or certification period for the assistance has expired;</text> </paragraph> <paragraph num="(c)"> <text>Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not appear to concern misapplication of the change;</text> </paragraph> <paragraph num="(d)"> <text>Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals; or</text> </paragraph> <paragraph num="(e)"> <text>The service is terminated because of nonpayment by the family of the copayment stated on the voucher that was assigned by the contractor.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An appeal request form shall contain:</text> <paragraph num="(a)"> <text>An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and</text> </paragraph> <paragraph num="(b)"> <text>A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the contractor's position is upheld.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Denial or Dismissal of Request for Appeal. OAH may deny or dismiss an appeal if:</text> <paragraph num="(1)"> <text>The appeal request is not complete;</text> </paragraph> <paragraph num="(2)"> <text>The appellant withdraws the request in writing;</text> </paragraph> <paragraph num="(3)"> <text>The appellant fails to appear at the scheduled hearing;</text> </paragraph> <paragraph num="(4)"> <text>Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not concern misapplication of the change; or</text> </paragraph> <paragraph num="(5)"> <text>The appellant has failed to pay any filing fees required by OAH.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Scheduling and Notice.</text> <paragraph num="(1)"> <text>Except as provided in §§B and D of this regulation, upon receiving an appeal request, OAH shall:</text> <paragraph num="(a)"> <text>Promptly schedule a hearing; and</text> </paragraph> <paragraph num="(b)"> <text>Send the parties a hearing notice at least 15 calendar days before the scheduled hearing.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Intentional Program Violation Hearing. When the contractor makes a referral to OAH concerning an intentional program violation, OAH shall:</text> <paragraph num="(a)"> <text>Promptly schedule a hearing; and</text> </paragraph> <paragraph num="(b)"> <text>Send the parties a hearing notice at least 30 calendar days before the scheduled hearing.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Hearing Notice. The hearing notice shall:</text> <paragraph num="(a)"> <text>Summarize the hearing procedures;</text> </paragraph> <paragraph num="(b)"> <text>Advise the appellant of:</text> <paragraph num="(i)"> <text>The date, time, and place of the hearing;</text> </paragraph> <paragraph num="(ii)"> <text>The right to be represented at the hearing by a lawyer, relative, friend, or other individual;</text> </paragraph> <paragraph num="(iii)"> <text>The availability of any free legal services;</text> </paragraph> <paragraph num="(iv)"> <text>The right to present documents and witnesses, including contractor employees, at the hearing;</text> </paragraph> <paragraph num="(v)"> <text>The right to examine the case record in preparation for the hearing;</text> </paragraph> <paragraph num="(vi)"> <text>The procedure to follow if the appellant cannot attend the hearing; and</text> </paragraph> <paragraph num="(vii)"> <text>Except in an appeal concerning an intentional program violation, the authority of an administrative law judge to dismiss the appeal if the appellant fails, without good cause, to attend the hearing; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>In an appeal concerning an intentional program violation, include:</text> <paragraph num="(i)"> <text>The charge;</text> </paragraph> <paragraph num="(ii)"> <text>A warning that the decision shall be based solely on information provided at the hearing if the appellant fails to appear at the hearing;</text> </paragraph> <paragraph num="(iii)"> <text>A statement that, to have a hearing rescheduled, the appellant has 10 calendar days from the date of the hearing to present to the administrative law judge good cause for not appearing and for not asking for a postponement before the hearing;</text> </paragraph> <paragraph num="(iv)"> <text>A description of the disqualification penalties and a statement of the applicable penalty;</text> </paragraph> <paragraph num="(v)"> <text>A statement of the appellant's rights during the hearing; and</text> </paragraph> <paragraph num="(vi)"> <text>A warning that the hearing does not preclude the State or federal government from prosecuting the appellant or pursuing collection of the overpayment.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Prehearing Procedures.</text> <paragraph num="(1)"> <text>Rescheduling.</text> <paragraph num="(a)"> <text>A party may request a change in a hearing time, date, or location by:</text> <paragraph num="(i)"> <text>Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or</text> </paragraph> <paragraph num="(ii)"> <text>In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change.</text> </paragraph> <paragraph num="(c)"> <text>In an appeal concerning an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause.</text> </paragraph> <paragraph num="(d)"> <text>Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement:</text> <paragraph num="(i)"> <text>Requested by the appellant; or</text> </paragraph> <paragraph num="(ii)"> <text>Granted by the administrative law judge due to the appellant's introduction of new evidence.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Summaries. The contractor shall:</text> <paragraph num="(a)"> <text>Prepare a summary of the facts pertinent to the case and of the basis for its action; and</text> </paragraph> <paragraph num="(b)"> <text>Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Administrative Law Judge's Decision.</text> <paragraph num="(1)"> <text>The administrative law judge shall render a final decision.</text> </paragraph> <paragraph num="(2)"> <text>The decision shall contain:</text> <paragraph num="(a)"> <text>Separate statements of findings of fact and conclusions of law;</text> </paragraph> <paragraph num="(b)"> <text>Citation to pertinent State and federal law; and</text> </paragraph> <paragraph num="(c)"> <text>An order.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Final Decision.</text> <paragraph num="(1)"> <text>Within 90 calendar days of the filing of the appeal request:</text> <paragraph num="(a)"> <text>The administrative law judge shall issue a final decision to all parties; and</text> </paragraph> <paragraph num="(b)"> <text>The contractor shall complete all administrative or corrective action necessary to implement the decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the decision is favorable to the contractor, the contractor may:</text> <paragraph num="(a)"> <text>Take immediate steps to implement the decision; and</text> </paragraph> <paragraph num="(b)"> <text>Reduce or terminate assistance that has been continued while the appeal was pending by:</text> <paragraph num="(i)"> <text>Decreasing the subsidy amount or closing the customer’s case; and</text> </paragraph> <paragraph num="(ii)"> <text>Notifying the child care provider of the reduction or termination pursuant to Regulation .10A.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the decision is favorable to the appellant, the contractor shall, within 10 calendar days of the date of the decision:</text> <paragraph num="(a)"> <text>Comply with the decision;</text> </paragraph> <paragraph num="(b)"> <text>Take corrective action retroactive to the date the incorrect action was taken;</text> </paragraph> <paragraph num="(c)"> <text>Restore the services; and</text> </paragraph> <paragraph num="(d)"> <text>Notify OAH that it has completed all required action.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Record. After issuing a final administrative decision, OAH shall promptly forward to the CCS Branch the complete record, including all:</text> <paragraph num="(a)"> <text>Papers filed;</text> </paragraph> <paragraph num="(b)"> <text>Evidence submitted; and</text> </paragraph> <paragraph num="(c)"> <text>Orders and decisions issued.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §2-303 and Title 9.5; Family Law Article, §§5-550—5-558; Annotated Code of MarylandAgency Note: Federal Regulatory Reference — Child Care and Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 1, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 adopted effective July 21, 1976 (3:15 Md. R. 785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective June 26, 1981 (8:13 Md. R. 1137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective June 26, 1981 (8:13 Md. R. 1137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective July 1, 1980 (7:13 Md. R. 1272)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective June 30, 1978 (5:13 Md. R. 1041); June 26, 1981 (8:13 Md. R. 1137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective June 16, 1978 (5:12 Md. R. 966); December 28, 1979 (6:26 Md. R. 2072); September 5, 1980 (7:18 Md. R. 1739); February 6, 1981 (8:3 Md. R. 225); October 26, 1981 (8:21 Md. R. 1705); December 6, 1982 (9:24 Md. R. 2388)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A, D amended effective September 14, 1981 (8:18 Md. R. 1477)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C, D amended effective June 26, 1981 (8:13 Md. R. 1137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective May 10, 1982 (9:9 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective April 13, 1977 (4:8 Md. R. 633); August 31, 1977 (4:18 Md. R. 1394); November 3, 1978 (5:22 Md. R. 1672); September 7, 1979 (6:18 Md. R. 1457); July 1, 1980 (7:13 Md. R. 1272); August 17, 1981 (8:16 Md. R. 1362)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Day Care Services for Children, repealed effective January 16, 1984 (11:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11, Purchase of Child Day Care, adopted effective January 16, 1984 (11:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 5, 1988 (15:18 Md. R. 2145); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 29, 1985 (12:15 Md. R. 1509); July 27, 1987 (14:15 Md. R. 1657); August 10, 1987 (14:16 Md. R. 1771)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 5, 1988 (15:18 Md. R. 2145); November 28, 1988 (15:24 Md. R. 2767); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02, .03, and .05 amended as an emergency provision effective July 1, 1989 (16:14 Md. R. 1562); amended permanently effective November 13, 1989 (16:22 Md. R. 2363)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 29, 1985 (12:15 Md. R. 1509); August 10, 1987 (14:16 Md. R. 1771); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective September 5, 1988 (15:18 Md. R. 2145)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 10, 1987 (14:16 Md. R. 1771); September 5, 1988 (15:18 Md. R. 2145); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 10, 1987 (14:16 Md. R. 1771); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective July 29, 1985 (12:15 Md. R. 1509); November 28, 1988 (15:24 Md. R. 2767); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 10, 1987 (14:16 Md. R. 1771); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective July 29, 1985 (12:15 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective July 27, 1987 (14:15 Md. R. 1657); August 10, 1987 (14:16 Md. R. 1771); November 13, 1989 (16:22 Md. R. 2363); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective July 29, 1985 (12:15 Md. R. 1509); November 13, 1989 (16:22 Md. R. 2363); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective March 4, 1991 (18:4 Md. R. 446)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective March 4, 1991 (18:4 Md. R. 446)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective July 29, 1985 (12:15 Md. R. 1509); January 13, 1986 (13:1 Md. R. 14); November 3, 1986 (13:22 Md. R. 2395); October 5, 1987 (14:20 Md. R. 2141); March 20, 1989 (16:5 Md. R. 626); October 16, 1989 (16:20 Md. R. 2180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective July 27, 1987 (14:15 Md. R. 1657); August 10, 1987 (14:16 Md. R. 1771); November 13, 1989 (16:22 Md. R. 2363); March 4, 1991 (18:14 Md. R. 446)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D adopted effective March 4, 1991 (18:4 Md. R. 446)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective July 29, 1985 (12:15 Md. R. 1509); August 10, 1987 (14:16 Md. R. 1771); September 5, 1988 (15:18 Md. R. 2145); March 20, 1989 (16:5 Md. R. 626); October 16, 1989 (16:20 Md. R. 2180); September 13, 1993 (20:18 Md. R. 1428)</annotation> <annotation type="History" subtype="Administrative History">Recodified from COMAR 07.02.09 to 07.04.06 in September, 1993</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.10 amended, Regulation .11 repealed, and new Regulation .11 adopted as an emergency provision effective September 1, 1995 (22:19 Md. R. 1459); emergency status extended at 23:6 Md. R. 468</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.10 amended, new Regulation .03-1 adopted, Regulation .11 repealed and new Regulation .11 adopted as an emergency provision effective June 1, 1996 (23:13 Md. R. 927); emergency status expired December 1, 1996</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 repealed and new Regulations .01—.12 adopted effective October 1, 1996 (23:19 Md. R. 1374)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.12 amended as an emergency provision effective August 1, 1997 (24:16 Md. R. 1140)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.12 amended as an emergency provision effective October 6, 1997 (24:21 Md. R. 1443); amended permanently effective December 29, 1997 (24:26 Md. R. 1755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective January 1, 1997 (23:26 Md. R. 1858)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective January 1, 1997 (23:26 Md. R. 1858)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 1, 1997 (23:26 Md. R. 1858)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 23, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulations.02—.04 and .06—.12 amended effective May 1, 2000 (27:8 Md. R. 797)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 1, 2001 (28:12 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 1, 2002 (28:24 Md. R. 2127); October 28, 2002 (29:21 Md. R. 1645); February 1, 2004 (31:1 Md. R. 30); July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective October 28, 2002 (29:21 Md. R. 1645); February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective January 1, 2002 (28:24 Md. R. 2127); February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended as an emergency provision effective February 1, 2004 (31:5 Md. R. 445); amended permanently effective April 12, 2004 (31:7 Md. R. 581)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E amended effective October 28, 2002 (29:21 Md. R. 1645); February 1, 2004 (31:1 Md. R. 30); July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective October 28, 2002 (29:21 Md. R. 1645); February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective October 28, 2002 (29:21 Md. R. 1645); July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective February 1, 2004 (31:1 Md. R. 30); July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective October 28, 2002 (29:21 Md. R. 1645)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B, C amended effective January 1, 2002 (28:24 Md. R. 2127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11G amended effective July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11H amended effective October 28, 2002 (29:21 Md. R. 1645); February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11H amended as an emergency provision effective February 1, 2004 (31:5 Md. R. 445); amended permanently effective April 12, 2004 (31:7 Md. R. 581)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11H—J amended effective July 1, 2005 (32:12 Md. R. 1046)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 1, 2002 (28:24 Md. R. 2127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective February 1, 2004 (31:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective October 28, 2002 (29:21 Md. R. 1645)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.06 to 13A.14.06 effective January 1, 2007</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, B amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, B amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 repealed and new Regulations .01—.12 adopted effective January 4, 2010 (36:26 Md. R. 1996)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 29, 2010 (37:24 Md. R. 1659); April 16, 2012 (39:7 Md. R. 495); October 29, 2012 (39:21 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 16, 2012 (39:7 Md. R. 495)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective October 29, 2012 (39:21 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective October 29, 2012 (39:21 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, C amended effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B, C amended effective April 16, 2012 (39:7 Md. R. 495)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09F amended effective October 29, 2012 (39:21 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B—D amended as an emergency provision effective January 1, 2015 (42:1 Md. R. 14); emergency status expired effective March 30, 2015</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 repealed and new Regulation .12 adopted effective November 29, 2010 (37:24 Md. R. 1659)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03H amended as an emergency provision effective July 9, 2018 (45:16 Md. R. 771); amended permanently effective November 19, 2018 (45:23 Md. R. 1071)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective April 18, 2022 (49:8 Md. R. 500)</annotation> </annotations> </chapter> <chapter num="07" heading="Family Child Care Provider Grant Fund"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets forth the purpose of the Family Child Care Provider Grant Fund, the requirements for applying for an award under the Fund, the basis and procedure for making an award, and the penalties for providing false information to obtain an award.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual family income” means the combined annual adjusted gross income, as reported for federal tax purposes, of all members of the applicant's household.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means the provider who has applied to the Office to receive an award through the Fund.</text> </paragraph> <paragraph num="(3)"> <text>“Award” means the grant amount awarded through the Fund to an approved applicant.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Fund” means the Family Child Care Provider Grant Fund.</text> </paragraph> <paragraph num="(6)"> <text>“Grantee” means the person who has received an award through the Fund.</text> </paragraph> <paragraph num="(7)"> <text>“Office” means the Office of Licensing in the Office of Child Care of the Department.</text> </paragraph> <paragraph num="(8)"> <text>“Provider” means a registered family child care provider who cares for not more than eight children under a current certificate of registration issued under COMAR 13A.15.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fund Uses and Limitations."> <paragraph num="A."> <text>The Fund is used to provide reimbursement to providers for expenses necessary to achieve or maintain compliance with the requirements of COMAR 13A.15.</text> </paragraph> <paragraph num="B."> <text>Reimbursement for compliance-related expenses shall be made in the form of an award.</text> </paragraph> <paragraph num="C."> <text>Awards shall be:</text> <paragraph num="(1)"> <text>Made only to providers; and</text> </paragraph> <paragraph num="(2)"> <text>Used by grantees only as reimbursement for their compliance-related expenses, which include:</text> <paragraph num="(a)"> <text>The fee for a medical examination, medical testing, or immunization required for registration application purposes;</text> </paragraph> <paragraph num="(b)"> <text>The cost of:</text> <paragraph num="(i)"> <text>Attending an approved provider training course,</text> </paragraph> <paragraph num="(ii)"> <text>Applying for a required criminal background investigation,</text> </paragraph> <paragraph num="(iii)"> <text>Meeting local zoning, health and safety, or fire requirements applicable to family day care,</text> </paragraph> <paragraph num="(iv)"> <text>Water testing or sanitarian inspection, if required,</text> </paragraph> <paragraph num="(v)"> <text>Lead paint or asbestos abatement, testing, or control,</text> </paragraph> <paragraph num="(vi)"> <text>Small household repairs or alterations necessary to allow child care activities to take place or to ensure the safety of children in care,</text> </paragraph> <paragraph num="(vii)"> <text>Obtaining appropriate toys or equipment for child care activities,</text> </paragraph> <paragraph num="(viii)"> <text>Educational materials for use by children in care,</text> </paragraph> <paragraph num="(ix)"> <text>Arts and crafts supplies for use by children in care; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Other costs which are identified and approved by the Office as necessary for the applicant to comply with the requirements of COMAR 13A.15.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>An award may not exceed $500.</text> </paragraph> <paragraph num="E."> <text>A grantee may not receive more than one award during the existence of the Fund.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applications."> <paragraph num="A."> <text>The Office shall accept applications for an award only from providers.</text> </paragraph> <paragraph num="B."> <text>To apply for an award, the provider shall submit to the Office a complete application, which includes:</text> <paragraph num="(1)"> <text>An application form, supplied by the Office, which is completed and signed by the applicant;</text> </paragraph> <paragraph num="(2)"> <text>Documentation of each expense claimed for reimbursement, which shall consist of the original or a copy of a dated sales slip or other written receipt which shows the specific nature and amount of the expense; and</text> </paragraph> <paragraph num="(3)"> <text>Any other relevant information required by the Office, which may include written verification of the applicant's annual family income.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant may be determined eligible for an award if:</text> <paragraph num="(1)"> <text>The application is complete;</text> </paragraph> <paragraph num="(2)"> <text>No enforcement action by the Office against the applicant has been in effect or initiated during the applicant's current family day care registration period; and</text> </paragraph> <paragraph num="(3)"> <text>The applicant's annual family income does not exceed 60 percent of the State median income (SMI) for the applicant's family size during the current October 1—September 30 period.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Determination of Eligibility.</text> <paragraph num="(1)"> <text>The Office shall determine an applicant's eligibility within 35 calendar days after a complete application is received by the Office.</text> </paragraph> <paragraph num="(2)"> <text>The month in which the Office determines an applicant's eligibility is considered the applicant's first month of eligibility.</text> </paragraph> <paragraph num="(3)"> <text>Determination by the Office that an applicant is eligible for an award does not guarantee that an award will be made to the applicant.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notification.</text> <paragraph num="(1)"> <text>Within 15 calendar days of determining an applicant's eligibility, the Office shall notify the applicant in writing of the outcome of that determination.</text> </paragraph> <paragraph num="(2)"> <text>If the applicant is found eligible for an award, the notification shall state that, pursuant to Regulation .05 of this chapter:</text> <paragraph num="(a)"> <text>Awards are made on the basis of assigned award priority and the availability of funding; and</text> </paragraph> <paragraph num="(b)"> <text>If an award is not made to the applicant on the basis of the applicant's first month of eligibility, the applicant shall be reconsidered for an award during each of the next 2 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the applicant is found ineligible for an award, the Office shall:</text> <paragraph num="(a)"> <text>Specify the reason for ineligibility; and</text> </paragraph> <paragraph num="(b)"> <text>Return to the applicant all application materials submitted by the applicant.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Awards."> <paragraph num="A."> <text>The Office shall make Family Child Care Provider Grant Fund awards to eligible applicants each month until the annual fund allocation is exhausted.</text> </paragraph> <paragraph num="B."> <text>Within 15 calendar days after the end of each month, the Office shall:</text> <paragraph num="(1)"> <text>Provide notification of an award to each applicant to whom an award was made during that month; and</text> </paragraph> <paragraph num="(2)"> <text>Issue instructions for payment of each award made during that month.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reconsideration for Award. If, due to exhaustion of the annual funding allocation for a given year, an award is not made to an applicant, the Office shall reconsider the applicant for an award under the next year’s annual funding allocation.</text> </paragraph> <paragraph num="D."> <text>The Office may make an award for less than the amount requested by the applicant, but may not make an award for more than the amount requested.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Prohibitions and Penalties."> <paragraph num="A."> <text>A person may not knowingly make or cause to be made any false statement or report:</text> <paragraph num="(1)"> <text>In any application or in any document furnished to the Office under the requirements of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of influencing the action of the Office on:</text> <paragraph num="(a)"> <text>An application for an award, or</text> </paragraph> <paragraph num="(b)"> <text>Any matter related to an award, whether or not the award may already have been made.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A person who violates any provision of this regulation, or who assists another person to violate any provision of this regulation, is guilty of a misdemeanor, and on conviction is subject to:</text> <paragraph num="(1)"> <text>A fine not exceeding $1,000;</text> </paragraph> <paragraph num="(2)"> <text>Imprisonment in the penitentiary not exceeding 1 year; or</text> </paragraph> <paragraph num="(3)"> <text>Both §B(1) and (2) of this regulation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-550—5-557 and 5-559.1—5.559.8, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1999 (26:17 Md. R. 1321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective January 22, 2001 (28:1 Md. R. 25)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.07 to 13A.14.07 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 3, 2015 (42:15 Md. R. 1015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 3, 2015 (42:15 Md. R. 1015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 3, 2015 (42:15 Md. R. 1015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 3, 2015 (42:15 Md. R. 1015)</annotation> </annotations> </chapter> <chapter num="08" heading="Child Care Training Approval"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter governs the process by which an individual or organization may be approved to offer and conduct training required by COMAR 13A.15, 13A.16, 13A.17, and 13A.18.</text> </paragraph> <paragraph num="B."> <text>This chapter does not apply to:</text> <paragraph num="(1)"> <text>Community colleges;</text> </paragraph> <paragraph num="(2)"> <text>Colleges;</text> </paragraph> <paragraph num="(3)"> <text>Universities;</text> </paragraph> <paragraph num="(4)"> <text>Approved national organizations that offer training to child care providers; or</text> </paragraph> <paragraph num="(5)"> <text>Individuals recognized by the Office as authorities in their field.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agency representative” means an individual designated by the Office to determine compliance with this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means an individual or organization applying for or approved by the Office to offer training for family child care providers and child care center staff.</text> </paragraph> <paragraph num="(3)"> <text>“Approved trainer” means an individual who:</text> <paragraph num="(a)"> <text>Is approved by the Office to offer training to child care providers; or</text> </paragraph> <paragraph num="(b)"> <text>Conducts training under the auspices of an approved organization.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Assessment.</text> <paragraph num="(a)"> <text>“Assessment” means the method of determining that a training participant has successfully met the objectives of the training.</text> </paragraph> <paragraph num="(b)"> <text>“Assessment” includes, but is not limited to, written or oral tests, demonstration, observation, portfolio, or a combination of methods.</text> </paragraph> <paragraph num="(c)"> <text>“Assessment” does not include general classroom discussion, general group participation, group classroom response, or unanalyzed observations or demonstrations.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Child care provider” means a:</text> <paragraph num="(a)"> <text>Registered family child care provider; or</text> </paragraph> <paragraph num="(b)"> <text>Child care center:</text> <paragraph num="(i)"> <text>Operator or director; or</text> </paragraph> <paragraph num="(ii)"> <text>Staff member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Clock hour” means one 1 hour (60 minutes) on the clock.</text> </paragraph> <paragraph num="(7)"> <text>“Content area” means a course topic, including:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum development;</text> </paragraph> <paragraph num="(c)"> <text>Health, safety, and nutrition;</text> </paragraph> <paragraph num="(d)"> <text>Professionalism;</text> </paragraph> <paragraph num="(e)"> <text>Community; and</text> </paragraph> <paragraph num="(f)"> <text>Special needs.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Continued training” means ongoing training for the child care community offered through not-for-credit workshops and courses and measured in clock hours.</text> </paragraph> <paragraph num="(9)"> <text>“Core of knowledge training” means training that meets the requirements of the core of knowledge for the Maryland Child Care Credential Program under COMAR 13A.14.09.</text> </paragraph> <paragraph num="(10)"> <text>“Course” means the 45 clock hour or 90 clock hour training required by COMAR 13A.16 if taken for:</text> <paragraph num="(a)"> <text>College credit; or</text> </paragraph> <paragraph num="(b)"> <text>Noncredit from a college or a trainer approved by the Office.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Credential” means the credential from the Maryland Child Care Credential Program.</text> </paragraph> <paragraph num="(12)"> <text>“Office” means the Office of Credentialing under the Office of Child Care, Division of Early Childhood Development, State Department of Education.</text> </paragraph> <paragraph num="(13)"> <text>“Online training” means instruction delivered over the Internet.</text> </paragraph> <paragraph num="(14)"> <text>“Organization” means a bona fide incorporated business or professional organization applying or approved by the Office to offer training.</text> </paragraph> <paragraph num="(15)"> <text>“Preservice training” means course work required at COMAR 13A.16.06 for child care center teachers and directors.</text> </paragraph> <paragraph num="(16)"> <text>“Trainer” means an individual who presents instruction.</text> </paragraph> <paragraph num="(17)"> <text>“Training Review Committee” means the group of individuals designated to review the approval process and hear appeals of the decisions of the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirement to Be Approved."> <paragraph num="A."> <text>The Office has the sole authority to approve each trainer and training session.</text> </paragraph> <paragraph num="B."> <text>An organization or individual may not offer preservice, continued, or core of knowledge training unless the:</text> <paragraph num="(1)"> <text>Trainer and the training have met the requirements for approval stated in this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Trainer possesses a valid certificate of approval issued by the Office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Preservice training shall be offered only by:</text> <paragraph num="(1)"> <text>A regionally accredited or approved college or university; or</text> </paragraph> <paragraph num="(2)"> <text>An organization or individual approved to offer core of knowledge training by the Office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Continued training may be offered only by:</text> <paragraph num="(1)"> <text>A regionally accredited or approved college or university;</text> </paragraph> <paragraph num="(2)"> <text>An approved trainer or training organization with special skills and knowledge relating to the care and education of children or the management of child care programs;</text> </paragraph> <paragraph num="(3)"> <text>Child care associations approved to conduct or provide training;</text> </paragraph> <paragraph num="(4)"> <text>The Office of Child Care; or</text> </paragraph> <paragraph num="(5)"> <text>A local, State, or federal government agency.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Core of knowledge training may be offered only by:</text> <paragraph num="(1)"> <text>A regionally accredited or approved college or university;</text> </paragraph> <paragraph num="(2)"> <text>Approved trainers or training organizations described in §C of this regulation that meet the requirements of Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>The Office of Child Care; or</text> </paragraph> <paragraph num="(4)"> <text>A local, State, or federal government agency.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A certificate of training approval is:</text> <paragraph num="(1)"> <text>Valid for a period of 4 years from the effective date stated on the certificate; and</text> </paragraph> <paragraph num="(2)"> <text>Renewable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application for Approval."> <paragraph num="A."> <text>Initial Application. An organization or individual that is not currently approved to provide training to child care providers in Maryland shall:</text> <paragraph num="(1)"> <text>File with the Office a written application, on a form provided by the Office, and all required information, including:</text> <paragraph num="(a)"> <text>A completed workshop proposal form, provided by the Office, for each workshop to be offered;</text> </paragraph> <paragraph num="(b)"> <text>A detailed plan of instruction, which includes:</text> <paragraph num="(i)"> <text>Workshop goals and objectives;</text> </paragraph> <paragraph num="(ii)"> <text>A course syllabus or training outline that includes time frames for topics covered;</text> </paragraph> <paragraph num="(iii)"> <text>Information about how workshop content applies, or can apply, to all children and families, including those with special needs or limited English proficiency skills;</text> </paragraph> <paragraph num="(iv)"> <text>A statement of requirements for successful completion;</text> </paragraph> <paragraph num="(v)"> <text>A statement of the method or tool used for assessment; and</text> </paragraph> <paragraph num="(vi)"> <text>A bibliography;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Written materials to be used during instruction;</text> </paragraph> <paragraph num="(d)"> <text>A sample certificate of completion;</text> </paragraph> <paragraph num="(e)"> <text>The evaluation form to be used;</text> </paragraph> <paragraph num="(f)"> <text>Documentation that each trainer meets the requirements of Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(g)"> <text>A business plan stating:</text> <paragraph num="(i)"> <text>Registration practices and procedures; and</text> </paragraph> <paragraph num="(ii)"> <text>Policies and procedures regarding course cancellation, refunds, and attendee notification; and</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>For an applicant organization, if required by the Office, a copy of the organization's certification by the Maryland State Department of Assessments and Taxation;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Attend an orientation session offered by the Office to become acquainted with this chapter before submitting an initial application;</text> </paragraph> <paragraph num="(3)"> <text>Submit documentation of completion within 1 year by the individual, including each individual for whom an organization seeks trainer approval, of at least 6 clock hours of approved training in the training of adults;</text> </paragraph> <paragraph num="(4)"> <text>Agree to abide by the ethical standards for approved trainers and training organizations set by the Office; and</text> </paragraph> <paragraph num="(5)"> <text>Furnish three letters of reference, not from relatives, that attest to the capabilities of the applicant as a professional trainer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Renewal of Approval. An organization or individual wishing to renew the approval shall file a complete written application and all required forms and information with the Office at least 30 calendar days before the current approval expires.</text> </paragraph> <paragraph num="C."> <text>Response of the Office.</text> <paragraph num="(1)"> <text>Upon receiving the completed application and all required documentation for a first application or a renewal application, the Office shall determine compliance with the requirements of this chapter by:</text> <paragraph num="(a)"> <text>Evaluating the application;</text> </paragraph> <paragraph num="(b)"> <text>Reviewing the required documentation; and</text> </paragraph> <paragraph num="(c)"> <text>Reviewing any changes related to the applicant which might affect the status of the approval.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 60 calendar days of the applicant's completion of the procedures in §A of this regulation, the Office shall:</text> <paragraph num="(a)"> <text>Issue an approval to offer training to child care providers in accordance with the provisions of this chapter if:</text> <paragraph num="(i)"> <text>The application is complete;</text> </paragraph> <paragraph num="(ii)"> <text>All required documentation has been received; and</text> </paragraph> <paragraph num="(iii)"> <text>The Office is satisfied that the applicant meets the requirements of this chapter;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Deny the initial approval or renewal approval if:</text> <paragraph num="(i)"> <text>The individual or organization fails to meet the requirements of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>The Office's evaluation of the application form reveals that the applicant reported false information;</text> </paragraph> <paragraph num="(iii)"> <text>The applicant has a documented history of serious or repeated violations of the regulations of Maryland or any other state concerning the care of children or adults that demonstrates a disregard for the health or safety of children;</text> </paragraph> <paragraph num="(iv)"> <text>The applicant has had an approval denied or withdrawn before the date on the application being considered unless the Office is satisfied that the condition that was the basis for the denial or withdrawal has been corrected; or</text> </paragraph> <paragraph num="(v)"> <text>Based on an evaluation of the character references received or other pertinent information, the Office finds evidence that raises reasonable doubt that the applicant can provide acceptable child care training.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the Office denies an application pursuant to §C(2)(b) of this regulation, the Office shall notify the applicant in writing of the denial stating:</text> <paragraph num="(a)"> <text>The reason for denial;</text> </paragraph> <paragraph num="(b)"> <text>The specific regulation with which the applicant has failed to comply that is the basis for the denial;</text> </paragraph> <paragraph num="(c)"> <text>That the applicant may appeal the denial; and</text> </paragraph> <paragraph num="(d)"> <text>The procedure to be used if the applicant wishes to appeal the denial.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Trainer Requirements."> <paragraph num="A."> <text>Each individual, including an individual who provides training for an organization, applying to offer preservice or core of knowledge training shall have:</text> <paragraph num="(1)"> <text>Attained a bachelor’s, master’s, or doctoral degree from an accredited college or university in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Child development;</text> </paragraph> <paragraph num="(d)"> <text>Home economics;</text> </paragraph> <paragraph num="(e)"> <text>Nursing;</text> </paragraph> <paragraph num="(f)"> <text>Social work;</text> </paragraph> <paragraph num="(g)"> <text>Special education; or</text> </paragraph> <paragraph num="(h)"> <text>A related field;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Completed at least one course in:</text> <paragraph num="(a)"> <text>Child development; and</text> </paragraph> <paragraph num="(b)"> <text>Curriculum development;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>As applicable, completed course work requirements of COMAR 13A.16.06 as they apply to the age group covered in the core of knowledge or preservice training; and</text> </paragraph> <paragraph num="(4)"> <text>At least 4 years of experience working in a child care setting directly with children of the age group to be discussed in the course.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each individual, including an individual who provides training for an organization, applying to offer continued training shall have at least one of the following:</text> <paragraph num="(1)"> <text>An associate's, bachelor's, master's, or doctoral degree from an accredited college or university in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Child development;</text> </paragraph> <paragraph num="(d)"> <text>Home economics;</text> </paragraph> <paragraph num="(e)"> <text>Nursing;</text> </paragraph> <paragraph num="(f)"> <text>Social work;</text> </paragraph> <paragraph num="(g)"> <text>Special education; or</text> </paragraph> <paragraph num="(h)"> <text>A related field;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A valid credential or certification in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education; or</text> </paragraph> <paragraph num="(c)"> <text>Care of children;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>At least 4 years of experience working in a child care setting directly with children of the age group to be discussed in the course; or</text> </paragraph> <paragraph num="(4)"> <text>A combination of education and experience sufficient to substantiate the applicant's special skills or expertise in the training area.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A trainer who does not meet the experience criteria may substitute documentation of employment as an instructor of early childhood education, elementary education, or a related field from an accredited college or university.</text> </paragraph> <paragraph num="D."> <text>Each individual, including an individual who provides training for an organization, who becomes approved to offer preservice, continued, or core of knowledge training shall:</text> <paragraph num="(1)"> <text>Attend at least two quarterly training meetings, held by the Office, per year; and</text> </paragraph> <paragraph num="(2)"> <text>Document completion, within the initial 4-year period of approval and each subsequent 4-year period of approval, 24 clock hours of approved training related to:</text> <paragraph num="(a)"> <text>The training of adults; or</text> </paragraph> <paragraph num="(b)"> <text>The discipline for which the individual is approved.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An organization or individual applying to offer preservice training, continued training, or core of knowledge training may not:</text> <paragraph num="(1)"> <text>Be the subject of an action to suspend or revoke a child care center license or family day care registration;</text> </paragraph> <paragraph num="(2)"> <text>Have a documented history of regulatory violations; or</text> </paragraph> <paragraph num="(3)"> <text>Have had a child care center license or a family day care registration suspended or revoked.</text> </paragraph> </paragraph> <paragraph num="F."> <text>At the time of application to provide training, each individual contracted by an organization to provide training shall submit to the Office proof of meeting the requirements of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Conflict of Interest."> <paragraph num="A."> <text>If an approved trainer provides training exclusively to a coworker that the coworker intends to use to satisfy applicable staff training requirements under COMAR 13A.16, the trainer shall notify the coworker that the training may not count toward satisfaction of those requirements.</text> </paragraph> <paragraph num="B."> <text>If the trainer is an employee of a child care center, the trainer may not provide training exclusively for the staff of that center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Administrative Responsibilities."> <text>An approved individual or organization shall:</text> <paragraph num="A."> <text>For a period of 4 years, maintain records for each trainer, including:</text> <paragraph num="(1)"> <text>The trainer's application and any documentation of qualifications;</text> </paragraph> <paragraph num="(2)"> <text>Topics the trainer is approved to teach; and</text> </paragraph> <paragraph num="(3)"> <text>The age group or groups for which the trainer is approved;</text> </paragraph> </paragraph> <paragraph num="B."> <text>For a period of 4 years, maintain records of training provided, including the:</text> <paragraph num="(1)"> <text>Title of the workshop or course;</text> </paragraph> <paragraph num="(2)"> <text>Workshop or course synopsis;</text> </paragraph> <paragraph num="(3)"> <text>Number of clock hours;</text> </paragraph> <paragraph num="(4)"> <text>Description of the population attending the workshop or course;</text> </paragraph> <paragraph num="(5)"> <text>Dates each workshop or course was presented;</text> </paragraph> <paragraph num="(6)"> <text>Names of the individuals attending each workshop or course;</text> </paragraph> <paragraph num="(7)"> <text>Completed evaluation forms; and</text> </paragraph> <paragraph num="(8)"> <text>Documentation of the assessment for successful completion used;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Provide each training participant with a signed certificate or receipt indicating successful completion of each workshop or course which includes the:</text> <paragraph num="(1)"> <text>Title of the workshop or course;</text> </paragraph> <paragraph num="(2)"> <text>Number of clock hours received;</text> </paragraph> <paragraph num="(3)"> <text>Date of the workshop or course;</text> </paragraph> <paragraph num="(4)"> <text>Content area;</text> </paragraph> <paragraph num="(5)"> <text>Name of the presenter;</text> </paragraph> <paragraph num="(6)"> <text>Approval number assigned by the Office; and</text> </paragraph> <paragraph num="(7)"> <text>If applicable, logo or name of the sponsoring organization;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Submit by the 15th of January, April, July, and October of each year of approval, on a form provided by the Office, a report of all training activities conducted during the previous 3 months; and</text> </paragraph> <paragraph num="E."> <text>Have on file and make available upon request by the Office a statement of business practices, which includes policies on:</text> <paragraph num="(1)"> <text>Registration;</text> </paragraph> <paragraph num="(2)"> <text>Fee structure;</text> </paragraph> <paragraph num="(3)"> <text>Session cancellation;</text> </paragraph> <paragraph num="(4)"> <text>Refunds;</text> </paragraph> <paragraph num="(5)"> <text>The requirements for successful completion; and</text> </paragraph> <paragraph num="(6)"> <text>The issuance of training certificates.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Complaints."> <text>The Office shall:</text> <paragraph num="A."> <text>Investigate each complaint pertaining to the notice, content, or quality of training offered by an approved trainer or training organization; and</text> </paragraph> <paragraph num="B."> <text>Prepare a written report of the findings of the investigation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Monitoring."> <paragraph num="A."> <text>An approved trainer shall:</text> <paragraph num="(1)"> <text>Permit observation of training by an agency representative at any time during the training; and</text> </paragraph> <paragraph num="(2)"> <text>Upon request, make the records required by this chapter available to an agency representative.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An agency representative may observe a training session without prior notice to the trainer.</text> </paragraph> <paragraph num="C."> <text>An approved trainer may request satisfactory identification from an agency representative.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Sanctions."> <paragraph num="A."> <text>If an approved trainer or training organization violates a requirement under this chapter or is the subject of an action to suspend or revoke a child care license or family day care registration, the Office may:</text> <paragraph num="(1)"> <text>Enter into an agreement with the approved individual or organization detailing requirements for remedying the violation and achieving compliance; or</text> </paragraph> <paragraph num="(2)"> <text>Withdraw the approval.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Office decides to withdraw the approval, the Office shall notify the approved trainer or training organization in writing 20 calendar days before the effective date of the withdrawal, stating the:</text> <paragraph num="(1)"> <text>Effective date of the withdrawal;</text> </paragraph> <paragraph num="(2)"> <text>Reason for the withdrawal;</text> </paragraph> <paragraph num="(3)"> <text>Regulatory violation which is the basis for the withdrawal; and</text> </paragraph> <paragraph num="(4)"> <text>Right of the trainer or organization to appeal the decision of the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Appeal."> <paragraph num="A."> <text>An appeal may be requested regarding a decision of the Office to deny or withdraw the approval of:</text> <paragraph num="(1)"> <text>An individual trainer;</text> </paragraph> <paragraph num="(2)"> <text>A training organization; or</text> </paragraph> <paragraph num="(3)"> <text>A specific training.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An appeal shall be submitted to the Office in writing, on a form supplied by the Office, within 30 days after the date of the denial or withdrawal letter.</text> </paragraph> <paragraph num="C."> <text>The Training Review Committee shall:</text> <paragraph num="(1)"> <text>Have full and final authority to hear and decide each appeal;</text> </paragraph> <paragraph num="(2)"> <text>Render its decision on an appeal within 30 calendar days of the appeal filing; and</text> </paragraph> <paragraph num="(3)"> <text>Within 5 working days after rendering a decision, notify the appellant of that decision.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the Training Review Committee upholds the appeal, the Office shall grant or reinstate the approval, in writing, within 5 working days of the decision of the Committee.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-551 and 5-573, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2001 (28:12 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.08 to 13A.14.08 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 5, 2007 (34:22 Md. R. 1978); March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03c amended effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, C amended effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 5, 2007 (34:22 Md. R. 1978); March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended effective March 30, 2015 (42:6 Md. R. 512)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective April 6, 2009 (36:7 Md. R. 526)</annotation> </annotations> </chapter> <chapter num="09" heading="Maryland Child Care Credential Program"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the operation of the Maryland Child Care Credential Program and sets forth the:</text> <paragraph num="A."> <text>Requirements for participation in the program;</text> </paragraph> <paragraph num="B."> <text>Process for application into the program;</text> </paragraph> <paragraph num="C."> <text>Basis and procedure for making determinations and awards; and</text> </paragraph> <paragraph num="D."> <text>Penalties for providing false information in order to obtain an award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accreditation” means the assessment of a child care facility by an accreditation organization approved by the Office, such as, but not limited to, the:</text> <paragraph num="(a)"> <text>Maryland State Department of Education;</text> </paragraph> <paragraph num="(b)"> <text>National Association for the Education of Young Children;</text> </paragraph> <paragraph num="(c)"> <text>National Association for Family Child Care; or</text> </paragraph> <paragraph num="(d)"> <text>National Early Childhood Professional Accreditation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Annual family income” means the combined annual adjusted gross income, as reported for federal tax purposes, of all members of the applicant's household.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an individual applying for:</text> <paragraph num="(a)"> <text>Participation in the credential program;</text> </paragraph> <paragraph num="(b)"> <text>Funding through training vouchers; or</text> </paragraph> <paragraph num="(c)"> <text>Funding through the Child Care Career and Professional Development Fund.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Approved course work” means approved courses taken for credit from a regionally accredited college or university that includes at least one course in each of the following topic areas:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Early childhood materials and methods;</text> </paragraph> <paragraph num="(c)"> <text>Special education;</text> </paragraph> <paragraph num="(d)"> <text>Administration and management of a child care program;</text> </paragraph> <paragraph num="(e)"> <text>Infants and toddlers;</text> </paragraph> <paragraph num="(f)"> <text>School-age children;</text> </paragraph> <paragraph num="(g)"> <text>Health, safety, and nutrition; and</text> </paragraph> <paragraph num="(h)"> <text>Language and literacy.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Approved degree program” means a program of college courses leading to a degree in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Child development;</text> </paragraph> <paragraph num="(c)"> <text>Elementary education; or</text> </paragraph> <paragraph num="(d)"> <text>A related field as approved by the Office.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Approved setting” means a:</text> <paragraph num="(a)"> <text>Licensed child care center;</text> </paragraph> <paragraph num="(b)"> <text>Registered family child care home, including a large family child care home;</text> </paragraph> <paragraph num="(c)"> <text>Nursery school;</text> </paragraph> <paragraph num="(d)"> <text>Public or private school;</text> </paragraph> <paragraph num="(e)"> <text>Parks and recreation program; or</text> </paragraph> <paragraph num="(f)"> <text>Similar program recognized by the Office of Child Care.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Approved trainer” means an individual or organization that has been evaluated and approved by the Office to offer training to child care providers.</text> </paragraph> <paragraph num="(8)"> <text>“Award” means any payment of money, or the issuance of a training voucher, by the Office under this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Benefits” means one or more employer incentives available to child care program staff that include, but are not limited to, health coverage, 401K plan, profit sharing, paid vacation leave, sick leave, holiday leave, and release time for training.</text> </paragraph> <paragraph num="(10)"> <text>“Child care professional activity” means an activity or group of activities related to the child care profession, such as:</text> <paragraph num="(a)"> <text>Professional association membership;</text> </paragraph> <paragraph num="(b)"> <text>Work with State or national accreditation organizations;</text> </paragraph> <paragraph num="(c)"> <text>Peer mentoring; or</text> </paragraph> <paragraph num="(d)"> <text>Conducting training.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Child care facility” means a:</text> <paragraph num="(a)"> <text>Registered family child care home, including a large family child care home;</text> </paragraph> <paragraph num="(b)"> <text>Licensed child care center;</text> </paragraph> <paragraph num="(c)"> <text>Letter of compliance facility; or</text> </paragraph> <paragraph num="(d)"> <text>Child care program authorized by the U.S. Department of Defense.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Child care professional activity unit” means the amount of credit given to an individual professional activity for the purpose of determining a credential level.</text> </paragraph> <paragraph num="(13)"> <text>“Clock hour” means 1 hour (60 minutes) on the clock.</text> </paragraph> <paragraph num="(14)"> <text>“College” means an accredited college or university that is approved by the Office.</text> </paragraph> <paragraph num="(15)"> <text>“Continued training” means approved training that is taken on an annual or continuing basis to fulfill the requirements of this chapter and of:</text> <paragraph num="(a)"> <text>COMAR 13A.15;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 13A.16;</text> </paragraph> <paragraph num="(c)"> <text>COMAR 13A.17; or</text> </paragraph> <paragraph num="(d)"> <text>COMAR 13A.18.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Core of knowledge” means the competencies, which include child development, curriculum, special needs, professionalism, community and health, safety, and nutrition, that are identified by the Office as essential for all individuals working in the child care delivery system.</text> </paragraph> <paragraph num="(17)"> <text>“Core of knowledge training” means training that has been evaluated and approved by the Office as meeting the standards for the core of knowledge and the requirements of:</text> <paragraph num="(a)"> <text>COMAR 13A.15;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 13A.16;</text> </paragraph> <paragraph num="(c)"> <text>COMAR 13A.17; or</text> </paragraph> <paragraph num="(d)"> <text>COMAR 13A.18.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Credential” means the credential from the Maryland Child Care Credential Program.</text> </paragraph> <paragraph num="(19)"> <text>“Credential level” means a level of the Maryland Child Care Credential program that designates achievement of a predetermined amount of professional education, experience, and activity.</text> </paragraph> <paragraph num="(20)"> <text>“Credential achievement bonus” means a cash payment awarded to a program participant who achieves, or renews program participation at, a specified credential level.</text> </paragraph> <paragraph num="(21)"> <text>“Degree” means the completion of a course of study from an accredited college or university located in:</text> <paragraph num="(a)"> <text>The United States;</text> </paragraph> <paragraph num="(b)"> <text>A United States territory; or</text> </paragraph> <paragraph num="(c)"> <text>A foreign country, if the degree has been:</text> <paragraph num="(i)"> <text>Translated into English; and</text> </paragraph> <paragraph num="(ii)"> <text>Determined to meet standards equivalent to a degree issued in the United States.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(22)"> <text>“Experience” means working directly with children in a:</text> <paragraph num="(a)"> <text>Child care facility; or</text> </paragraph> <paragraph num="(b)"> <text>Supervised program, such as a:</text> <paragraph num="(i)"> <text>Nursery school;</text> </paragraph> <paragraph num="(ii)"> <text>Public or private school;</text> </paragraph> <paragraph num="(iii)"> <text>Parks and recreation program; or</text> </paragraph> <paragraph num="(iv)"> <text>Similar program recognized by the Office of Child Care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(23)"> <text>“Fund” means the Child Care Career and Professional Development Fund.</text> </paragraph> <paragraph num="(24)"> <text>“Grantee” means an individual who has received an award under this chapter.</text> </paragraph> <paragraph num="(25)"> <text>“Lead staff” means the director of a child care facility or a child care facility staff member designated to be in charge of the facility or a classroom of children at a given time during the facility’s approved hours of operation.</text> </paragraph> <paragraph num="(26)"> <text>“Office” means the Office of Credentialing under the Office of Child Care, State Department of Education</text> </paragraph> <paragraph num="(27)"> <text>“One year of college” means the successful completion of 30 college credit hours.</text> </paragraph> <paragraph num="(28)"> <text>“One year of college course work” means not less than 30 college credit hours from a regionally accredited college or university that have been successfully completed for credit.</text> </paragraph> <paragraph num="(29)"> <text>“One year of experience” means:</text> <paragraph num="(a)"> <text>1,800 clock hours of experience working with children from birth through 5 years old; or</text> </paragraph> <paragraph num="(b)"> <text>400 clock hours of experience working with children 6 years old through 16 years old.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Participant” means an individual who participates in the Maryland Child Care Credential program.</text> </paragraph> <paragraph num="(31)"> <text>“Points” means the numerical value assigned to a specified activity or accomplishment that may be counted toward qualification for a specified credential level.</text> </paragraph> <paragraph num="(32)"> <text>“Pre-service training” means training that is received:</text> <paragraph num="(a)"> <text>Through a college or university; or</text> </paragraph> <paragraph num="(b)"> <text>To meet initial employment qualification requirements established for registered family child care homes, licensed child care centers, or letter of compliance facilities.</text> </paragraph> </paragraph> <paragraph num="(33)"> <text>“Provider” means:</text> <paragraph num="(a)"> <text>A registered family child care provider or co-provider;</text> </paragraph> <paragraph num="(b)"> <text>An approved additional adult in a registered family child care home;</text> </paragraph> <paragraph num="(c)"> <text>The director of a child care facility; or</text> </paragraph> <paragraph num="(d)"> <text>A staff member in a child care facility.</text> </paragraph> </paragraph> <paragraph num="(34)"> <text>“Related discipline” means the completion of at least 15 college credit hours of approved core of knowledge coursework.</text> </paragraph> <paragraph num="(35)"> <text>“Staff member” means an individual, other than a volunteer or a substitute, who is assigned responsibility for child care in a child care facility and, if applicable, whose assignment helps to maintain required staff/child ratios.</text> </paragraph> <paragraph num="(36)"> <text>“Successful completion” means meeting the requirements of a:</text> <paragraph num="(a)"> <text>Workshop, training, or seminar for which a certificate of completion is received; or</text> </paragraph> <paragraph num="(b)"> <text>College course taken for credit in which a grade of “C” or higher is earned.</text> </paragraph> </paragraph> <paragraph num="(37)"> <text>“Training” means a workshop, seminar, or other course, whether completed for credit or noncredit, that is offered by a college, university, or approved trainer.</text> </paragraph> <paragraph num="(38)"> <text>“Training voucher” means a coupon given by the Office to a participant to purchase pre-service or conference training from an approved training source.</text> </paragraph> <paragraph num="(39)"> <text>“Transcript” means an official statement from a college or university which identifies the:</text> <paragraph num="(a)"> <text>Student;</text> </paragraph> <paragraph num="(b)"> <text>Institution;</text> </paragraph> <paragraph num="(c)"> <text>Primary course of study;</text> </paragraph> <paragraph num="(d)"> <text>Dates of attendance;</text> </paragraph> <paragraph num="(e)"> <text>Courses taken;</text> </paragraph> <paragraph num="(f)"> <text>Grades received;</text> </paragraph> <paragraph num="(g)"> <text>Number of credits completed; and</text> </paragraph> <paragraph num="(h)"> <text>Degree awarded, if applicable, and the date of the award.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Requirements."> <paragraph num="A."> <text>To qualify at each credential level, an applicant shall meet the requirements for that level.</text> </paragraph> <paragraph num="B."> <text>Eligibility for Participation.</text> <paragraph num="(1)"> <text>Participation in the credential program is limited to providers, as defined at Regulation .02B(33) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The following individuals who are employed or serve in a child care facility are not eligible to participate in the credential program:</text> <paragraph num="(a)"> <text>Substitutes;</text> </paragraph> <paragraph num="(b)"> <text>Volunteers;</text> </paragraph> <paragraph num="(c)"> <text>Support staff, such as clerical workers and van drivers, who do not have child care responsibilities and, if applicable, whose assignment does not help to maintain required staff/child ratios;</text> </paragraph> <paragraph num="(d)"> <text>A family child care provider, child care center operator, or letter of compliance facility operator whose registration certificate, center license, or letter of compliance is the subject of suspension or revocation action; and</text> </paragraph> <paragraph num="(e)"> <text>A provider who has a documented history of confirmed complaints involving serious harm to a child in care including but not limited to child abuse, child neglect, injurious treatment of a child, or child supervision.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Upon applying to participate in the credential program, an applicant shall agree to:</text> <paragraph num="(1)"> <text>Continue working in a child care setting for not less than 1 year from the date of acceptance into the credentialing program;</text> </paragraph> <paragraph num="(2)"> <text>Complete continued training for the applicable credential level under Regulation .04 of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Pursuant to Regulation .04 of this chapter, complete the appropriate number of child care professional activity units for the applicable credential level.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Term and Renewal of Credential. At each credential level, a credential:</text> <paragraph num="(1)"> <text>Is issued for a 12-month period; and</text> </paragraph> <paragraph num="(2)"> <text>May be renewed annually under Regulation .05D of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Care Credential Requirements."> <paragraph num="A."> <text>Staff Credential 1. The only qualification for a level 1 credential shall be:</text> <paragraph num="(1)"> <text>Current registration as a family child care provider or co-provider; or</text> </paragraph> <paragraph num="(2)"> <text>Qualification by the Office as a child care facility:</text> <paragraph num="(a)"> <text>Director; or</text> </paragraph> <paragraph num="(b)"> <text>Staff member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Staff Credential 2. Qualification for a level 2 credential requires:</text> <paragraph num="(1)"> <text>Successful completion of 45 clock hours of core of knowledge training, of which 20 clock hours shall be in child development; and</text> </paragraph> <paragraph num="(2)"> <text>Completion of one child care professional activity unit within the 12 months before applying for participation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Staff Credential 3. Qualification for a level 3 credential requires:</text> <paragraph num="(1)"> <text>Successful completion of 90 clock hours of core of knowledge training, of which a minimum of 20 clock hours each shall be in child development and in curriculum development;</text> </paragraph> <paragraph num="(2)"> <text>Completion of two child care professional activity units within the 12 months before applying for participation; and</text> </paragraph> <paragraph num="(3)"> <text>Completion of:</text> <paragraph num="(a)"> <text>1 year of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(b)"> <text>1 year of college; or</text> </paragraph> <paragraph num="(c)"> <text>A combination of experience and college equal to 1 year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Staff Credential 4. Qualification for a level 4 credential requires:</text> <paragraph num="(1)"> <text>Successful completion of 135 clock hours of core of knowledge training, consisting of:</text> <paragraph num="(a)"> <text>45 clock hours in child development;</text> </paragraph> <paragraph num="(b)"> <text>30 clock hours in curriculum development;</text> </paragraph> <paragraph num="(c)"> <text>20 clock hours in health, safety, and nutrition;</text> </paragraph> <paragraph num="(d)"> <text>15 clock hours in special needs;</text> </paragraph> <paragraph num="(e)"> <text>15 clock hours in professionalism; and</text> </paragraph> <paragraph num="(f)"> <text>10 clock hours in community issues;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Completion of three child care professional activity units within the 12 months before applying for participation; and</text> </paragraph> <paragraph num="(3)"> <text>Completion of 2 years of experience working directly with children in an approved setting.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Staff Credential 4 Plus. Qualification for a level 4 plus credential requires a participant to:</text> <paragraph num="(1)"> <text>Successfully complete 135 clock hours of core of knowledge training as specified at §D(1) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Take part in at least four child care professional activity units within the 12 months before applying for participation;</text> </paragraph> <paragraph num="(3)"> <text>Complete a minimum of 2 years of experience working directly with children in an approved setting; and</text> </paragraph> <paragraph num="(4)"> <text>Meet one of the following requirements:</text> <paragraph num="(a)"> <text>Hold current accreditation as a family child care provider;</text> </paragraph> <paragraph num="(b)"> <text>Complete at least:</text> <paragraph num="(i)"> <text>15 college credit hours of approved course work that includes courses in child development and curriculum planning; and</text> </paragraph> <paragraph num="(ii)"> <text>7 additional years of experience working with children in an approved setting; or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Enroll in an approved degree program that includes at least one early childhood course and accumulate 55 points by earning 5 points for completing each additional:</text> <paragraph num="(i)"> <text>Early childhood course for credit; or</text> </paragraph> <paragraph num="(ii)"> <text>Year of experience working with children in an approved setting.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Staff Credential 5. Qualification for a level 5 credential requires a participant to:</text> <paragraph num="(1)"> <text>Complete a minimum of 2 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>Take part in four child care professional activity units; and</text> </paragraph> <paragraph num="(3)"> <text>Complete one of the following:</text> <paragraph num="(a)"> <text>An associate degree with 15 college credit hours of approved course work that includes courses in child development and curriculum planning;</text> </paragraph> <paragraph num="(b)"> <text>30 college credit hours of approved course work that includes at least one course in each of the following areas:</text> <paragraph num="(i)"> <text>Child development;</text> </paragraph> <paragraph num="(ii)"> <text>Curriculum planning;</text> </paragraph> <paragraph num="(iii)"> <text>Health and safety;</text> </paragraph> <paragraph num="(iv)"> <text>Special needs;</text> </paragraph> <paragraph num="(v)"> <text>Working with school-age children;</text> </paragraph> <paragraph num="(vi)"> <text>Working with infant and toddler-age children;</text> </paragraph> <paragraph num="(vii)"> <text>Language and literacy; and</text> </paragraph> <paragraph num="(viii)"> <text>Administration of child care programs; or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>15 college credit hours of approved course work, enrolled in an approved degree program, and accumulate 45 points by earning 5 points for completing each additional:</text> <paragraph num="(i)"> <text>Early childhood course for credit; or</text> </paragraph> <paragraph num="(ii)"> <text>Year of experience working with children in an approved setting.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Staff Credential 6. Qualification for a level 6 credential requires a participant to complete:</text> <paragraph num="(1)"> <text>At least 2 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>At least 5 child care professional activity units within the 12 months before applying for participation; and</text> </paragraph> <paragraph num="(3)"> <text>One of the following:</text> <paragraph num="(a)"> <text>A bachelor's, master's, or doctoral degree from an accredited college or university in:</text> <paragraph num="(i)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(ii)"> <text>Elementary education;</text> </paragraph> <paragraph num="(iii)"> <text>Special education;</text> </paragraph> <paragraph num="(iv)"> <text>Family studies;</text> </paragraph> <paragraph num="(v)"> <text>Child development; or</text> </paragraph> <paragraph num="(vi)"> <text>A related discipline; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>At least one course in:</text> <paragraph num="(i)"> <text>Child development; and</text> </paragraph> <paragraph num="(ii)"> <text>Curriculum development; or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Complete:</text> <paragraph num="(i)"> <text>A bachelor's, master's, or doctoral degree in a nonrelated field; and</text> </paragraph> <paragraph num="(ii)"> <text>30 semester hours of approved course work that includes courses in child development and curriculum planning; or</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Complete an associate or higher degree with 15 semester hours of approved course work, enroll in an approved degree program, and accumulate 45 points by earning 5 points for each additional:</text> <paragraph num="(i)"> <text>Early childhood course for credit; or</text> </paragraph> <paragraph num="(ii)"> <text>Year of experience working with children in an approved setting.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Administrator Credential 1. Qualification for a level 1 credential requires completion of:</text> <paragraph num="(1)"> <text>2 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>Four child care professional activity units within the 12 months before applying for participation; and</text> </paragraph> <paragraph num="(3)"> <text>240 clock hours of core of knowledge training, consisting of:</text> <paragraph num="(a)"> <text>45 clock hours in child development;</text> </paragraph> <paragraph num="(b)"> <text>45 clock hours in curriculum development;</text> </paragraph> <paragraph num="(c)"> <text>45 clock hours in health, safety, and nutrition;</text> </paragraph> <paragraph num="(d)"> <text>45 clock hours in special needs;</text> </paragraph> <paragraph num="(e)"> <text>45 clock hours in professionalism; and</text> </paragraph> <paragraph num="(f)"> <text>15 clock hours in community issues.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Administrator Credential 2. Qualification for a level 2 credential requires completion of:</text> <paragraph num="(1)"> <text>2 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>Five child care professional activity units within the 12 months before applying for participation;</text> </paragraph> <paragraph num="(3)"> <text>240 clock hours of core of knowledge training consisting of:</text> <paragraph num="(a)"> <text>45 clock hours in child development;</text> </paragraph> <paragraph num="(b)"> <text>45 clock hours in curriculum development;</text> </paragraph> <paragraph num="(c)"> <text>45 clock hours in health, safety, and nutrition;</text> </paragraph> <paragraph num="(d)"> <text>45 clock hours in special needs;</text> </paragraph> <paragraph num="(e)"> <text>45 clock hours in professionalism; and</text> </paragraph> <paragraph num="(f)"> <text>15 clock hours in community issues; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Either:</text> <paragraph num="(a)"> <text>The National Administrator's Credential; or</text> </paragraph> <paragraph num="(b)"> <text>At least 30 semester hours of college course work in an approved course of study.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Administrator Credential 3. Qualification for a level 3 credential requires completion of:</text> <paragraph num="(1)"> <text>4 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>Five child care professional activity units within the 12 months before applying for participation; and</text> </paragraph> <paragraph num="(3)"> <text>An associate degree from an accredited college that includes:</text> <paragraph num="(a)"> <text>15 college credit hours of course work related to business management or administration; and</text> </paragraph> <paragraph num="(b)"> <text>One course for credit in each of the following areas:</text> <paragraph num="(i)"> <text>Child development;</text> </paragraph> <paragraph num="(ii)"> <text>Curriculum development; and</text> </paragraph> <paragraph num="(iii)"> <text>Administration of child care programs.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>Administrator Credential 4. Qualification for a level 4 credential requires completion of:</text> <paragraph num="(1)"> <text>5 years of experience working directly with children in an approved setting;</text> </paragraph> <paragraph num="(2)"> <text>Six child care professional activity units within the 12 months before applying for participation;</text> </paragraph> <paragraph num="(3)"> <text>45 clock hours of training in the area of mentoring and coaching staff;</text> </paragraph> <paragraph num="(4)"> <text>A bachelor's, master's, or doctoral degree from an accredited college or university in:</text> <paragraph num="(a)"> <text>Business administration;</text> </paragraph> <paragraph num="(b)"> <text>Public administration and management;</text> </paragraph> <paragraph num="(c)"> <text>Public school administration;</text> </paragraph> <paragraph num="(d)"> <text>A degree as specified at §G(3) of this regulation; or</text> </paragraph> <paragraph num="(e)"> <text>A related discipline; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>One course for credit in each of the following areas:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum development; and</text> </paragraph> <paragraph num="(c)"> <text>Administration of child care programs.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application for Credential."> <paragraph num="A."> <text>A separate application is required for each level of a Staff Credential or an Administrator Credential.</text> </paragraph> <paragraph num="B."> <text>Application for Participation.</text> <paragraph num="(1)"> <text>The Office shall accept applications only from individuals.</text> </paragraph> <paragraph num="(2)"> <text>To participate, each applicant shall submit to the Office a complete application, which includes:</text> <paragraph num="(a)"> <text>An application form, supplied by the Office, which is completed and signed by the applicant;</text> </paragraph> <paragraph num="(b)"> <text>Documentation of all:</text> <paragraph num="(i)"> <text>Workshops, conferences, and seminars completed within 5 years before the date of application;</text> </paragraph> <paragraph num="(ii)"> <text>College course work for credit, preservice course work, Child Development Associate certification, or military child development training regardless of date completed; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Documentation of participation in child care professional activities which includes but is not limited to a membership card, letter of participation, or certificate of recognition.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An applicant for a Staff Credential or Administrator Credential at level 2 or higher shall submit:</text> <paragraph num="(a)"> <text>All documentation specified in §B(2) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Documentation of experience, which shall consist of:</text> <paragraph num="(i)"> <text>A letter from each employer that states the dates of employment, position held, and age group of children worked with;</text> </paragraph> <paragraph num="(ii)"> <text>A copy of the applicant's college transcript indicating 1 year of college course work; or</text> </paragraph> <paragraph num="(iii)"> <text>A copy of the applicant’s current family child care registration certificate with at least one child attendance sheet completed during the past 12 months.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>An applicant for a Staff Credential 5, Staff Credential 6, Administrator Credential 3, or Administrator Credential 4 shall submit:</text> <paragraph num="(a)"> <text>All documentation specified in §B(2) and (3) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Documentation of the applicant's college degree, which shall consist of a copy of the:</text> <paragraph num="(i)"> <text>Awarded diploma; and</text> </paragraph> <paragraph num="(ii)"> <text>College transcript.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Office may not accept a foreign diploma or academic transcript for credential application purposes unless it has been translated and evaluated by an approved evaluation organization.</text> </paragraph> <paragraph num="D."> <text>Notification to Applicant. Within 60 days of receiving an application, the Office shall notify the applicant of the status of the application.</text> </paragraph> <paragraph num="E."> <text>Renewal. Within 30 days after the credential expires, a participant who wants to renew shall submit to the Office:</text> <paragraph num="(1)"> <text>A completed application for renewal; and</text> </paragraph> <paragraph num="(2)"> <text>Documentation that each of the following has occurred, as required, during the 12-month period for which the credential was issued:</text> <paragraph num="(a)"> <text>Continued employment; and</text> </paragraph> <paragraph num="(b)"> <text>Completion of the following continuing training and child care professional activity unit requirements applicable to the participant's credential level:</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Credential Achievement Bonus."> <paragraph num="A."> <text>A credential program participant shall receive an achievement bonus upon:</text> <paragraph num="(1)"> <text>Initial entry into the credential program at Staff Credential or Administrator Credential level 2 or higher; and</text> </paragraph> <paragraph num="(2)"> <text>Achievement thereafter of:</text> <paragraph num="(a)"> <text>Each successively higher credential level; or</text> </paragraph> <paragraph num="(b)"> <text>Annual approval at:</text> <paragraph num="(i)"> <text>Staff Credential levels 4 Plus through 6; or</text> </paragraph> <paragraph num="(ii)"> <text>Administrator Credential levels 2 through 4.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An achievement bonus shall be awarded:</text> <paragraph num="(1)"> <text>One time only at:</text> <paragraph num="(a)"> <text>Staff Credential levels 2 through 4; and</text> </paragraph> <paragraph num="(b)"> <text>Administrator Credential level 1; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Annually for:</text> <paragraph num="(a)"> <text>Staff Credential levels 4 Plus through 6; and</text> </paragraph> <paragraph num="(b)"> <text>Administrator Credential levels 2 through 4.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>To receive an achievement bonus, a participant shall:</text> <paragraph num="(1)"> <text>Meet the requirements for Staff Credential or Administrator Credential level 2 or higher as set forth at Regulation .04B or I, as applicable, of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>File an application pursuant to Regulation .05E of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon verification by the Office that the participant has met the requirements for an achievement bonus, the Office shall award a bonus of at least the amount set forth in the following schedule:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Training Vouchers and Reimbursement."> <paragraph num="A."> <text>Eligibility for a training voucher or reimbursement is limited to individuals participating in the credential program at level two or higher.</text> </paragraph> <paragraph num="B."> <text>During the 12-month credential period, a participant may receive not more than $400 in training vouchers and reimbursements to pay for the cost of approved core of knowledge training.</text> </paragraph> <paragraph num="C."> <text>Application for Training Vouchers.</text> <paragraph num="(1)"> <text>An application for a training voucher shall be accepted only for a pre-service training, a Statewide conference, or a national conference.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall accept an application for a training voucher only from an individual.</text> </paragraph> <paragraph num="(3)"> <text>Not less than 60 days before the date of the training for which the voucher will be used, the individual shall submit to the Office a complete application, which includes:</text> <paragraph num="(a)"> <text>An application form, supplied by the Office, that is completed and signed by the participant; and</text> </paragraph> <paragraph num="(b)"> <text>Documentation of the training for which the voucher will be used, which shall include a copy of the:</text> <paragraph num="(i)"> <text>Course catalog description;</text> </paragraph> <paragraph num="(ii)"> <text>Registration form; or</text> </paragraph> <paragraph num="(iii)"> <text>Conference training advertisement.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Subject to funding availability, the Office shall, within 30 days of the receipt of the application, approve an applicant to receive a training voucher if the:</text> <paragraph num="(1)"> <text>Application is received not less than 60 days before the training date;</text> </paragraph> <paragraph num="(2)"> <text>Application is complete;</text> </paragraph> <paragraph num="(3)"> <text>Amount requested does not exceed $400; and</text> </paragraph> <paragraph num="(4)"> <text>Applicant is eligible to receive a voucher.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Application for Training Reimbursement.</text> <paragraph num="(1)"> <text>An individual may request and receive reimbursement for training if the:</text> <paragraph num="(a)"> <text>Training meets the requirements of the core of knowledge;</text> </paragraph> <paragraph num="(b)"> <text>Training has been successfully completed not more than 180 days before the date of the request; and</text> </paragraph> <paragraph num="(c)"> <text>Individual has not received more than $400 in training vouchers or reimbursements within the individual’s current credentialing period.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Not more than 180 days after the successful completion of the training for which the reimbursement is sought, the individual shall submit to the Office a complete application, which includes:</text> <paragraph num="(a)"> <text>An application form, supplied by the Office, that is completed and signed by the participant; and</text> </paragraph> <paragraph num="(b)"> <text>Documentation of the training for which the reimbursement is sought, which shall include a copy of the:</text> <paragraph num="(i)"> <text>Course catalog description or training advertisement;</text> </paragraph> <paragraph num="(ii)"> <text>Grade slip, transcript, or certificate of completion; and</text> </paragraph> <paragraph num="(iii)"> <text>Receipt for payment indicating the amount paid.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Subject to funding availability, the Office shall approve an applicant to receive training reimbursement if the:</text> <paragraph num="(a)"> <text>Application is received not later than 180 days after the completion of training;</text> </paragraph> <paragraph num="(b)"> <text>Application is complete;</text> </paragraph> <paragraph num="(c)"> <text>Amount requested does not exceed $400; and</text> </paragraph> <paragraph num="(d)"> <text>Applicant is eligible to receive a reimbursement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>If the applicant is eligible, the Office shall:</text> <paragraph num="(1)"> <text>Award a training voucher to the applicant for the training and the amount specified on the application; or</text> </paragraph> <paragraph num="(2)"> <text>Issue instructions for payment of training reimbursement.</text> </paragraph> </paragraph> <paragraph num="G."> <text>If the applicant is found ineligible for an award, the Office shall:</text> <paragraph num="(1)"> <text>Provide written notification to the applicant of the determination of ineligibility; and</text> </paragraph> <paragraph num="(2)"> <text>Return to the applicant all application materials submitted.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Assignment of Awards.</text> <paragraph num="(1)"> <text>Funding for training vouchers and reimbursement is provided to the Office on an annual basis.</text> </paragraph> <paragraph num="(2)"> <text>Awards are assigned according to the incomes of all applicants who are eligible for an award, with higher priority given to lower income applicants.</text> </paragraph> <paragraph num="(3)"> <text>Applicants whose annual family income does not exceed the current Maryland median income for their family size shall be given priority to receive training vouchers or reimbursement during that month.</text> </paragraph> <paragraph num="(4)"> <text>The Office shall make training voucher and reimbursement awards according to assigned award priority until:</text> <paragraph num="(a)"> <text>An award has been made to each eligible applicant; or</text> </paragraph> <paragraph num="(b)"> <text>The funding allocation is exhausted.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Upon successful completion of the workshop, seminar, or other course for which a training voucher was issued and used, the participant shall provide to the Office a copy of the:</text> <paragraph num="(1)"> <text>Transcript;</text> </paragraph> <paragraph num="(2)"> <text>Grade slip;</text> </paragraph> <paragraph num="(3)"> <text>Certificate; or</text> </paragraph> <paragraph num="(4)"> <text>Documentation given by the instructor that indicates successful completion of the training.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Child Care Career and Professional Development Fund."> <paragraph num="A."> <text>Fund Uses and Limitations. An award under the Fund:</text> <paragraph num="(1)"> <text>Shall be:</text> <paragraph num="(a)"> <text>Applied toward the cost of:</text> <paragraph num="(i)"> <text>Tuition;</text> </paragraph> <paragraph num="(ii)"> <text>College fees; and</text> </paragraph> <paragraph num="(iii)"> <text>Course-required textbooks; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Used by a grantee only for the actual expense of college course work incurred subsequent to an award toward completion of:</text> <paragraph num="(i)"> <text>A college degree in early childhood education or a related field; or</text> </paragraph> <paragraph num="(ii)"> <text>Developmental course work needed to meet prerequisites for a degree program in early childhood education or a related field.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>May not be used to pay for fees or costs, including tuition costs, previously incurred for college enrollment or attendance purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Eligibility to submit an application is limited to individuals who:</text> <paragraph num="(1)"> <text>Are participating in the credential program at level 2 or higher;</text> </paragraph> <paragraph num="(2)"> <text>Have at least 1 year of documented experience working with groups of children in an approved setting; and</text> </paragraph> <paragraph num="(3)"> <text>Have been accepted by an accredited college or university for enrollment in one or more college courses for credit toward a degree in early childhood education or a related field.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Applications.</text> <paragraph num="(1)"> <text>The Office shall accept an application only from a provider, as defined at Regulation .02 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>To apply for the Fund, the applicant shall submit to the Office a complete application, which includes:</text> <paragraph num="(a)"> <text>An application form, supplied by the Office, which is completed and signed by the applicant; and</text> </paragraph> <paragraph num="(b)"> <text>All documentation required by the application form supplied by the Office.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Priority for an award shall be given to applicants who have not completed any college courses for credit from an accredited college or university.</text> </paragraph> <paragraph num="(4)"> <text>Subject to funding availability, the Office shall approve an applicant to receive an award if the:</text> <paragraph num="(a)"> <text>Application is complete;</text> </paragraph> <paragraph num="(b)"> <text>College has been approved to participate in the Fund; and</text> </paragraph> <paragraph num="(c)"> <text>Applicant is eligible to receive an award.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Upon determination by the Office that an applicant is eligible to receive an award and that funding is available:</text> <paragraph num="(a)"> <text>The applicant shall receive an award; and</text> </paragraph> <paragraph num="(b)"> <text>An award letter shall be issued to the applicant.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If an eligible applicant is denied an award due to insufficient award funds, the individual may reapply to be considered for a future award.</text> </paragraph> <paragraph num="(7)"> <text>If an applicant is found ineligible for an award, the Office shall:</text> <paragraph num="(a)"> <text>Provide written notification to the applicant of the determination of ineligibility; and</text> </paragraph> <paragraph num="(b)"> <text>Return to the applicant all application materials submitted.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Assignment of Awards.</text> <paragraph num="(a)"> <text>Funding for the Child Care Career and Professional Development Fund awards is provided to the Office on an annual basis.</text> </paragraph> <paragraph num="(b)"> <text>The Office shall make awards annually until:</text> <paragraph num="(i)"> <text>An award has been made to each eligible applicant who has submitted a complete application; or</text> </paragraph> <paragraph num="(ii)"> <text>The funding allocation is exhausted.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Continuation and Service Requirement. Upon receipt of a Child Care Career and Professional Development Fund award, a grantee shall:</text> <paragraph num="(1)"> <text>Be eligible for continued funding as long as:</text> <paragraph num="(a)"> <text>An academic grade-point average of 2.5 or higher is maintained in all course work pursued in satisfaction of award requirements;</text> </paragraph> <paragraph num="(b)"> <text>The grantee is employed at least 10 hours per week as a provider in an approved child care facility;</text> </paragraph> <paragraph num="(c)"> <text>The grantee successfully completes at least two courses during each 12-month period of the grantee’s award; and</text> </paragraph> <paragraph num="(d)"> <text>The approved course of study is pursued;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In relation to the number of college credits, or equivalent, completed or the degree earned due in part or in whole to receipt of a Fund award, commit to continuing employment at least 10 hours per week as a provider for a period of time which is the shortest of:</text> <paragraph num="(a)"> <text>1 month for each college credit successfully completed;</text> </paragraph> <paragraph num="(b)"> <text>2 years for a completed associate degree; or</text> </paragraph> <paragraph num="(c)"> <text>4 years for a completed bachelor's degree;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the grantee’s academic grade-point average falls below 2.5, agree to a plan of action established by the Office and the college in order to continue participation in the Fund; and</text> </paragraph> <paragraph num="(4)"> <text>If the grantee does not comply with the plan of action specified in §D(3) of this regulation, be ineligible to receive a future Fund award.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Tiered Reimbursement."> <paragraph num="A."> <text>Application for Participation.</text> <paragraph num="(1)"> <text>The Office shall accept an application to participate in the tiered reimbursement program only from:</text> <paragraph num="(a)"> <text>A registered family day care provider who is currently providing child care for at least one unrelated child; or</text> </paragraph> <paragraph num="(b)"> <text>An operator of a licensed child care center or letter of compliance facility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An applicant for tiered program participation shall make application in a form and format approved by the Office.</text> </paragraph> <paragraph num="(3)"> <text>The Office may not consider an application for approval until the applicant has met all requirements set forth in §§B—E of this regulation as applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applicant Requirements—General. An applicant shall:</text> <paragraph num="(1)"> <text>Be currently registered or licensed by the Office of Child Care, Division of Early Childhood Development;</text> </paragraph> <paragraph num="(2)"> <text>Hold a family child care registration, child care center license, or letter of compliance that is not the subject of suspension or revocation action;</text> </paragraph> <paragraph num="(3)"> <text>Possess the appropriate level of credential for:</text> <paragraph num="(a)"> <text>A family child care provider; or</text> </paragraph> <paragraph num="(b)"> <text>A minimum of 60 percent of lead staff, if the applicant is the operator of a child care center or a letter of compliance facility;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Certify that at least 15 minutes are spent daily on reading time with the children in care; and</text> </paragraph> <paragraph num="(5)"> <text>If applicable, certify that a policy is in place that bases child care staff salaries on training, experience, and staff evaluation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Applicants for Tiered Reimbursement, Level 2—Special Requirements. An applicant shall:</text> <paragraph num="(1)"> <text>Comply with the requirements in §A(2) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Initiate a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text> </paragraph> <paragraph num="(3)"> <text>Be approved at Credential Level 2;</text> </paragraph> <paragraph num="(4)"> <text>Certify that parents are involved in the program in at least two ways; and</text> </paragraph> <paragraph num="(5)"> <text>Certify that a nationally recognized rating scale approved by the Office of Child Care, Division of Early Childhood Development, that is appropriate to the setting and age of the children in care has been self-administered.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Applicants for Tiered Reimbursement, Level 3—Special Requirements. An applicant shall:</text> <paragraph num="(1)"> <text>Comply with requirements in §A(2) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Complete a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text> </paragraph> <paragraph num="(3)"> <text>Be approved at Credential Level 3;</text> </paragraph> <paragraph num="(4)"> <text>Certify that parents are involved in the program in at least four ways; and</text> </paragraph> <paragraph num="(5)"> <text>As administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of four on a nationally recognized rating scale that is appropriate to the setting and ages of the children in care.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Applicants for Tiered Reimbursement, Level 4—Special Requirements. An applicant shall:</text> <paragraph num="(1)"> <text>Comply with requirements in §A(2) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Achieve program accreditation through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text> </paragraph> <paragraph num="(3)"> <text>Be approved at Credential Level 4;</text> </paragraph> <paragraph num="(4)"> <text>Certify that parents are involved in the program in at least six ways;</text> </paragraph> <paragraph num="(5)"> <text>Except if the program received accreditation during the previous 12-month period, and as administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of five on a nationally recognized rating scale that is appropriate to the setting and age of the children in care; and</text> </paragraph> <paragraph num="(6)"> <text>If applicable, certify that a policy is in place that offers child care staff benefits based on training, experience, and staff evaluation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A family child care provider or the operator of a child care center or letter of compliance facility may reapply annually under §A(1) of this regulation.</text> </paragraph> <paragraph num="G."> <text>Denial of Application for Participation.</text> <paragraph num="(1)"> <text>The Office may deny an application for participation in the tiered reimbursement program. Notice of the denial shall include the:</text> <paragraph num="(a)"> <text>Reason for the denial;</text> </paragraph> <paragraph num="(b)"> <text>Regulatory basis for the denial; and</text> </paragraph> <paragraph num="(c)"> <text>Procedures for appealing the decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A family child care provider or the operator of a child care center or letter of compliance facility who is denied participation in the tiered reimbursement program by the Office may request an appeal of the decision to the Office's Training Review Committee.</text> </paragraph> <paragraph num="(3)"> <text>An applicant may appeal a denial of program participation by submitting to the Office a written appeal, on a form supplied by the Office, within 30 days of the date of application denial.</text> </paragraph> <paragraph num="(4)"> <text>The Office's Training Review Committee shall:</text> <paragraph num="(a)"> <text>Reach a decision regarding the appeal within 30 days of receiving the appeal; and</text> </paragraph> <paragraph num="(b)"> <text>Notify the appellant in writing within 30 days after the appeal decision has been reached.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If a denial of an application for tiered reimbursement program participation is overturned on appeal to the Training Review Committee, the Office shall approve the application retroactively to the initial application date.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Prohibitions and Penalties."> <paragraph num="A."> <text>An applicant, participant, or grantee may not knowingly make or cause to be made any false statement or report:</text> <paragraph num="(1)"> <text>In an application or documentation furnished to the Office under the requirements of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of influencing the action of the Office on any matter related to an award, either before or after an award has been made.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Violation of §A of this regulation shall result in:</text> <paragraph num="(1)"> <text>Forfeiture of any claim to a:</text> <paragraph num="(a)"> <text>Training voucher;</text> </paragraph> <paragraph num="(b)"> <text>Bonus award; or</text> </paragraph> <paragraph num="(c)"> <text>Child Care Career and Professional Development Fund award; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Denial of initial or continued participation, as applicable, in the credential program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a participant uses a training voucher and, without good cause, fails to comply with the requirements of Regulation .07I of this chapter, the participant shall be:</text> <paragraph num="(1)"> <text>Ineligible to receive further training vouchers; and</text> </paragraph> <paragraph num="(2)"> <text>Required to repay the amount of the training voucher to the Office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a participant receives an award through the Fund and, without good cause, fails to comply with the requirements of Regulation .08D of this chapter, the participant shall be:</text> <paragraph num="(1)"> <text>Ineligible to receive a future award; and</text> </paragraph> <paragraph num="(2)"> <text>Required to repay the amount of the award to the Office in proportion to the remaining employment commitment set forth at Regulation .08D(2) of this chapter.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-551 and 5-573, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2001 (28:12 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 15, 2005 (32:16 Md. R. 1391)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.09 to 13A.14.09 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 10, 2007 (34:18 Md. R. 1581)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 526); January 4, 2010 (36:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 4, 2010 (36:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, D amended effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective June 27, 2011 (38:13 Md. R. 756)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective January 4, 2010 (36:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended and recodified to be Regulation .10 effective January 4, 2010 (36:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 30, 2015 (42:6 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="10" heading="Child Care Accreditation Support Fund"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the operation of the Child Care Accreditation Support Fund and sets forth the:</text> <paragraph num="A."> <text>Requirements for applying for an award under the Fund;</text> </paragraph> <paragraph num="B."> <text>Basis and procedure for making an award; and</text> </paragraph> <paragraph num="C."> <text>Penalties for providing false information in order to obtain an award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accreditation” means the assessment of a facility by an accreditation organization approved by the Office, such as the:</text> <paragraph num="(a)"> <text>Maryland State Department of Education;</text> </paragraph> <paragraph num="(b)"> <text>National Association for the Education of Young Children;</text> </paragraph> <paragraph num="(c)"> <text>National Association for Family Child Care;</text> </paragraph> <paragraph num="(d)"> <text>National Early Childhood Professional Accreditation;</text> </paragraph> <paragraph num="(e)"> <text>National School Age Child Care Association; or</text> </paragraph> <paragraph num="(f)"> <text>National Accreditation Commission.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Applicant” means an individual applying for funding through the accreditation support fund.</text> </paragraph> <paragraph num="(3)"> <text>“Application fee” means:</text> <paragraph num="(a)"> <text>A fee charged by an approved accreditation organization for:</text> <paragraph num="(i)"> <text>Initial application;</text> </paragraph> <paragraph num="(ii)"> <text>Renewal of application;</text> </paragraph> <paragraph num="(iii)"> <text>Self-study; or</text> </paragraph> <paragraph num="(iv)"> <text>Annual Report; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Any other fee imposed by the accreditation organization related to an application for, the renewal of, or the maintenance of an accreditation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Award” means any payment of money made by the Office under this chapter.</text> </paragraph> <paragraph num="(5)"> <text>“Facility” means a registered family child care home or a licensed child care center.</text> </paragraph> <paragraph num="(6)"> <text>“Fund” means the Child Care Accreditation Support Fund.</text> </paragraph> <paragraph num="(7)"> <text>“Grantee” means an individual who has received an award under this chapter.</text> </paragraph> <paragraph num="(8)"> <text>“Office” means the Credentialing Branch under the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.</text> </paragraph> <paragraph num="(9)"> <text>“Program” means the staff, facility, environment, and overall organization of a family child care home or child care center.</text> </paragraph> <paragraph num="(10)"> <text>“Program improvement cost” means a cost incurred in purchasing approved instructional materials to meet MSDE accreditation standards.</text> </paragraph> <paragraph num="(11)"> <text>“Provider” means a:</text> <paragraph num="(a)"> <text>Registered family child care provider; or</text> </paragraph> <paragraph num="(b)"> <text>A child care center:</text> <paragraph num="(i)"> <text>Operator or director; or</text> </paragraph> <paragraph num="(ii)"> <text>Staff member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Self-study” means the instrument issued by the accreditation organization for use by the provider to assess the child care facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fund Uses and Limitations."> <paragraph num="A."> <text>An award under the Fund:</text> <paragraph num="(1)"> <text>Shall be applied only toward a:</text> <paragraph num="(a)"> <text>Fee required for national accreditation; or</text> </paragraph> <paragraph num="(b)"> <text>A program improvement cost;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>May be made only to:</text> <paragraph num="(a)"> <text>An approved accrediting organization on behalf of a provider for the actual expense of the application fee; or</text> </paragraph> <paragraph num="(b)"> <text>The provider as reimbursement for a program improvement cost;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>May not be:</text> <paragraph num="(a)"> <text>Used for costs incurred by the applicant for:</text> <paragraph num="(i)"> <text>Facility improvement; or</text> </paragraph> <paragraph num="(ii)"> <text>Staff training; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Made for an amount greater than the actual amount of the:</text> <paragraph num="(i)"> <text>Fee charged by the accreditation organization; or</text> </paragraph> <paragraph num="(ii)"> <text>Program improvement cost; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>May not exceed:</text> <paragraph num="(a)"> <text>$1,500 for a family child care provider;</text> </paragraph> <paragraph num="(b)"> <text>$2,500 for a child care center serving 100 or fewer children; or</text> </paragraph> <paragraph num="(c)"> <text>$3,000 for a child care center serving more than 100 children.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>This Fund may not pay for the cost of an accreditation fee or a program improvement cost if that cost is already covered by another funding source.</text> </paragraph> <paragraph num="C."> <text>An award may not be made to a provider who has already received an award under the Fund but who has not completed the accreditation process.</text> </paragraph> <paragraph num="D."> <text>The Office may approve reimbursement of a cost only if it was incurred within 12 months before the date of application for accreditation support.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applications."> <paragraph num="A."> <text>The Office shall accept applications only from a:</text> <paragraph num="(1)"> <text>Registered family child care provider; or</text> </paragraph> <paragraph num="(2)"> <text>Licensed child care owner, operator, or director.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To apply for accreditation support for national accreditation, the applicant shall submit to the Office a complete application, which includes:</text> <paragraph num="(1)"> <text>An application form, supplied by the Office, which has been completed and signed by the applicant;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the completed application form for accreditation by an approved accreditation organization;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the application requirements and fees for the accrediting organization; and</text> </paragraph> <paragraph num="(4)"> <text>A statement of the accreditation plan, application fees requested, and timeline to complete the accreditation process.</text> </paragraph> </paragraph> <paragraph num="C."> <text>To apply for reimbursement of a program improvement cost, the applicant shall submit to the Office a complete application, which includes:</text> <paragraph num="(1)"> <text>An application form, supplied by the Office, which has been completed and signed by the applicant;</text> </paragraph> <paragraph num="(2)"> <text>A statement of the accreditation plan and timeline; and</text> </paragraph> <paragraph num="(3)"> <text>Receipts or copies of receipts for the instructional materials purchased.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Subject to funding availability, the Office shall, within 30 days of the receipt of the application, approve an applicant to receive an award if the:</text> <paragraph num="(1)"> <text>Application is complete;</text> </paragraph> <paragraph num="(2)"> <text>Amount requested does not exceed the:</text> <paragraph num="(a)"> <text>Application fee; or</text> </paragraph> <paragraph num="(b)"> <text>Program improvement cost; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Applicant is eligible to receive an award.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Upon determination by the Office that a facility is eligible to receive support, an award letter shall be issued stating the amount of the award.</text> </paragraph> <paragraph num="F."> <text>If the applicant is found ineligible for an award, the Office shall:</text> <paragraph num="(1)"> <text>Provide written notification to the applicant of the determination of ineligibility; and</text> </paragraph> <paragraph num="(2)"> <text>Return to the applicant all application materials submitted.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Assignment of Awards.</text> <paragraph num="(1)"> <text>Funding for accreditation support is provided to the Office on an annual basis.</text> </paragraph> <paragraph num="(2)"> <text>For award purposes, the Office shall divide the annual allocation for accreditation support into 12 equal monthly funding allocations.</text> </paragraph> <paragraph num="(3)"> <text>During each month, the Office shall make awards until:</text> <paragraph num="(a)"> <text>An award has been made to each eligible applicant; or</text> </paragraph> <paragraph num="(b)"> <text>The monthly funding allocation is exhausted.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>At the end of a month, any unused funding allocation for that month shall be:</text> <paragraph num="(a)"> <text>Added to the funding allocation for the next month; and</text> </paragraph> <paragraph num="(b)"> <text>Available for award purposes during the next month.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Prohibitions and Penalties."> <paragraph num="A."> <text>An applicant for an award under the Fund may not make or cause to be made a false statement or report:</text> <paragraph num="(1)"> <text>In any application or documentation furnished to the Office under the requirements of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of influencing the action of the Office on any matter related to an award, either before or after the award has been made.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Violation of §A of this regulation shall result in forfeiture of any claim to an award under the Fund.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-551 and 5-573, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2001 (28:12 Md. R. 1105)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.10 to 13A.14.10 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 16, 2011 (38:10 Md. R. 616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 16, 2011 (38:10 Md. R. 616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 16, 2011 (38:10 Md. R. 616)</annotation> </annotations> </chapter> <chapter num="11" heading="Child Care Quality Incentive Grant Program"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations set forth the:</text> <paragraph num="A."> <text>Purpose of the Child Care Quality Incentive Grant Program;</text> </paragraph> <paragraph num="B."> <text>Requirements for applying for an award under the Program;</text> </paragraph> <paragraph num="C."> <text>Basis and procedure for making an award; and</text> </paragraph> <paragraph num="D."> <text>Penalties for false application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated:</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Office of Child Care.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means an individual who has applied to the Administration for a grant.</text> </paragraph> <paragraph num="(3)"> <text>“Award” means the grant amount awarded through the Program to an approved applicant.</text> </paragraph> <paragraph num="(4)"> <text>“Child care facility” means a:</text> <paragraph num="(a)"> <text>Child care center that is currently licensed to operate pursuant to COMAR 13A.16; or</text> </paragraph> <paragraph num="(b)"> <text>Nursery school or child care program that operates under a current letter of compliance pursuant to COMAR 13A.17.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Child care provider” means a family day care provider or child care facility.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>“Family day care provider” means an individual who holds a current certificate of registration to operate a family day care home pursuant to COMAR 13A.15.</text> </paragraph> <paragraph num="(8)"> <text>“Grantee” means an individual who has received an award through the Program.</text> </paragraph> <paragraph num="(9)"> <text>“Local department” means a department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.</text> </paragraph> <paragraph num="(10)"> <text>“Program” means the Child Care Quality Incentive Grant Program.</text> </paragraph> <paragraph num="(11)"> <text>“Purchase of Child Care program (POC)” means the system of providing child care subsidies for eligible families which local departments pay to child care providers pursuant to COMAR 13A.14.06.</text> </paragraph> <paragraph num="(12)"> <text>“Regulatory action” means any action to suspend or revoke a child care provider's license or registration, or a compliance agreement involving the health, safety, or welfare of children receiving care.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Uses and Limitations."> <paragraph num="A."> <text>The purpose of this Program is to provide grant funds to child care providers to pay expenses authorized by the Department to enhance the quality of child care.</text> </paragraph> <paragraph num="B."> <text>Grant funds shall be provided in the form of awards.</text> </paragraph> <paragraph num="C."> <text>Awards shall be made only to eligible child care providers to improve the quality of care they provide through the purchase of approved materials, equipment, and supplies.</text> </paragraph> <paragraph num="D."> <text>A child care provider may not be approved for more than one award in a 3-year period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applications."> <paragraph num="A."> <text>The Administration shall accept applications for an award only from currently operating child care providers.</text> </paragraph> <paragraph num="B."> <text>To apply for an award, a child care provider shall submit to the Administration a completed application, which includes:</text> <paragraph num="(1)"> <text>An application form supplied by the Administration that is completed and signed by the applicant;</text> </paragraph> <paragraph num="(2)"> <text>Itemization of known and estimated costs of supplies, materials, and equipment for which funds are sought;</text> </paragraph> <paragraph num="(3)"> <text>The amount of funds available to the applicant to purchase supplies, materials, and equipment;</text> </paragraph> <paragraph num="(4)"> <text>The total amount of direct incentive grant funds requested from the Department;</text> </paragraph> <paragraph num="(5)"> <text>At the time of application:</text> <paragraph num="(a)"> <text>The total number of children enrolled in the applicant's child care program; and</text> </paragraph> <paragraph num="(b)"> <text>The number of children receiving child care subsidies through the POC program;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An explanation of how each item will be used to enhance the quality of care provided to enrolled children;</text> </paragraph> <paragraph num="(7)"> <text>The name and location of the nearest public elementary school; and</text> </paragraph> <paragraph num="(8)"> <text>Any other relevant information required by the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Determination and Notification of Eligibility.</text> <paragraph num="(1)"> <text>Awards may be made only to:</text> <paragraph num="(a)"> <text>Child care facilities:</text> <paragraph num="(i)"> <text>Located in Title I communities; or</text> </paragraph> <paragraph num="(ii)"> <text>In which at least 25 percent of the children enrolled receive child care subsidies through the POC program; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Family day care homes that serve children who receive child care subsidies through the POC program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An applicant may be determined eligible for an award if:</text> <paragraph num="(a)"> <text>The application is complete;</text> </paragraph> <paragraph num="(b)"> <text>The applicant is not in arrears in the payment of any money owed to the State; and</text> </paragraph> <paragraph num="(c)"> <text>The applicant is currently licensed or registered by the Administration and is not subject to any pending or ongoing regulatory action.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration shall determine and notify an applicant of eligibility within 35 calendar days after a complete application is received by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>Determination by the Administration that an applicant is eligible for an award does not entitle an applicant to an award.</text> </paragraph> <paragraph num="(5)"> <text>If an applicant is found eligible for an award, the applicant shall be notified that, pursuant to Regulation .05 of this chapter, an award shall be determined on the basis of:</text> <paragraph num="(a)"> <text>Award priority; and</text> </paragraph> <paragraph num="(b)"> <text>The availability of funding.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the applicant is found ineligible for an award, the Administration shall specify in writing the reason for ineligibility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Awards."> <paragraph num="A."> <text>For award purposes, the Administration shall:</text> <paragraph num="(1)"> <text>Divide the annual allocation into four equal portions to be awarded quarterly during January, April, July, and October;</text> </paragraph> <paragraph num="(2)"> <text>Divide the funding allocation equally between family day care providers and child care facilities; and</text> </paragraph> <paragraph num="(3)"> <text>During any quarter, transfer remaining funds allocated to one category of provider to the other, if necessary to fund eligible applicants.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maximum Grant Amounts.</text> <paragraph num="(1)"> <text>A child care facility that serves:</text> <paragraph num="(a)"> <text>29 or fewer children may be awarded a grant of up to $1,500; and</text> </paragraph> <paragraph num="(b)"> <text>30 or more children may be awarded a grant of up to $2,500.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A family day care provider may be awarded a grant of up to $1,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>During each quarter, the Administration shall provide awards according to the assigned award priority until the earlier of when:</text> <paragraph num="(1)"> <text>An award has been made to each eligible applicant; or</text> </paragraph> <paragraph num="(2)"> <text>The quarterly allocation of funding is exhausted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Within 60 days of receiving an award, the grantee shall submit receipts or copies of receipts for all equipment, supplies, and materials purchased with the award.</text> </paragraph> <paragraph num="E."> <text>Reconsideration for an Award.</text> <paragraph num="(1)"> <text>If, due to exhaustion of the quarterly funding allocation, an award is not made to an applicant on the basis of the applicant's first quarter of eligibility, the application shall be held for reconsideration until the end of the State fiscal year in which the application was made.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who does not receive an award may reapply for an award during any future fiscal year.</text> </paragraph> </paragraph> <paragraph num="F."> <text>At the end of a quarter, any unused funding allocation for that quarter shall be:</text> <paragraph num="(1)"> <text>Added to the funding allocation for the next quarter; and</text> </paragraph> <paragraph num="(2)"> <text>Made available for award purposes.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Administration may make an award for less than the amount requested by the applicant, but may not make an award for more than the amount requested.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Prohibition and Penalties."> <paragraph num="A."> <text>A person may not knowingly make or cause to be made any false statement or report:</text> <paragraph num="(1)"> <text>In any application or document furnished to the Administration under this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of influencing the action of the Administration on:</text> <paragraph num="(a)"> <text>An application for an award; or</text> </paragraph> <paragraph num="(b)"> <text>Any matter related to an award, whether or not the award has been made.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Any person who violates this regulation, or assists another person to violate this regulation, is subject to the penalties set forth in Family Law Article, §5-594.7, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-594—5-594.8, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 14, 2003 (30:7 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.11 to 13A.14.11 effective January 1, 2006</annotation> </annotations> </chapter> <chapter num="12" heading="Maryland After-School Opportunity Fund Program" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 13, 2003 (30:20 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.12 to 13A.14.12 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed effective March 30, 2015 (42:6 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="13" heading="Educational Programs in Nonpublic Nursery Schools" reason="Transferred to COMAR 13A.16.16 and COMAR 13A.17.14" /> <chapter num="14" heading="Maryland EXCELS"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the operation of the Maryland EXCELS program and sets forth the:</text> <paragraph num="A."> <text>Requirements for participation in the program; into the program;</text> </paragraph> <paragraph num="B."> <text>Process for application into the program;</text> </paragraph> <paragraph num="C."> <text>Basis and procedure for making determinations and awards; and</text> </paragraph> <paragraph num="D."> <text>Penalties for providing false information in connection with applying for program participation or obtaining an award under the program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Acceptance” means the date on which a child care provider’s application for participation in Maryland EXCELS has been accepted.</text> </paragraph> <paragraph num="(2)"> <text>“Annual update” means the information required to renew a Maryland EXCELS quality rating.</text> </paragraph> <paragraph num="(3)"> <text>“Child care center” means a child care program that is operated pursuant to COMAR 13A.16 or by any branch of the military under applicable military child care regulations.</text> </paragraph> <paragraph num="(4)"> <text>“Early care and education (ECE) program” means a:</text> <paragraph num="(a)"> <text>Family child care home;</text> </paragraph> <paragraph num="(b)"> <text>Large family child care home;</text> </paragraph> <paragraph num="(c)"> <text>Child care center, including a center approved to serve only school-aged children; or</text> </paragraph> <paragraph num="(d)"> <text>Public prekindergarten program operated by a local education agency.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“EXCELS public portal” means the Internet site, located at www.marylandexcels.org, established to help manage the operations of Maryland EXCELS.</text> </paragraph> <paragraph num="(6)"> <text>“Family child care home” means a child care program that is operated pursuant to COMAR 13A.15 or by any branch of the military under applicable military child care regulations.</text> </paragraph> <paragraph num="(7)"> <text>“Large family child care home” means a child care program that is operated pursuant to COMAR 13A.18 or by any branch of the military under applicable military child care regulations.</text> </paragraph> <paragraph num="(8)"> <text>“Letter of compliance facility” means a child care program that is operated pursuant to COMAR 13A.17</text> </paragraph> <paragraph num="(9)"> <text>“License enforcement action” means a suspension, emergency suspension, or revocation action taken by the Office against the registration or license of an ECE program that operates pursuant to COMAR 13A.15, COMAR 13A.16, COMAR 13A.17, or COMAR 13A.18.</text> </paragraph> <paragraph num="(10)"> <text>“Local education agency (LEA)” means the governing school board of one of Maryland’s 24 local jurisdictions.</text> </paragraph> <paragraph num="(11)"> <text>“Maryland EXCELS” means the State’s tiered quality rating and improvement system for early care and education programs.</text> </paragraph> <paragraph num="(12)"> <text>“Maryland EXCELS Advisory Committee” means the group of individuals designated by the Office to conduct a review of decisions made by the Office regarding ECE program quality ratings.</text> </paragraph> <paragraph num="(13)"> <text>“Office” means the Office of Child Care, which is housed within the Maryland State Department of Education and is responsible for administering Maryland EXCELS.</text> </paragraph> <paragraph num="(14)"> <text>“Participation” means a status indicating that an ECE program’s application to participate in Maryland EXCELS has been accepted and access to the Maryland EXCELS public portal has been granted.</text> </paragraph> <paragraph num="(15)"> <text>“Published” means a Maryland EXCELS status indicating that the ECE program has:</text> <paragraph num="(a)"> <text>Met the Maryland EXCELS requirements for a specified quality rating; and</text> </paragraph> <paragraph num="(b)"> <text>Requested the Office to publish the program’s quality rating as published on the Maryland EXCELS public portal for public viewing.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Quality rating” means a determination, represented by a number from 1 through 5, that a participating program has met the criteria applicable to a particular set of Maryland EXCELS standards.</text> </paragraph> <paragraph num="(17)"> <text>“Rating cycle” means the 12-month time period when a published quality rating is valid.</text> </paragraph> <paragraph num="(18)"> <text>“Standards” means the quality rating criteria published on the EXCELS public portal that comprise the five quality rating content areas of Maryland EXCELS, which are:</text> <paragraph num="(a)"> <text>Licensing and Compliance;</text> </paragraph> <paragraph num="(b)"> <text>Staff Qualifications and Professional Development;</text> </paragraph> <paragraph num="(c)"> <text>Accreditation and Rating Scales;</text> </paragraph> <paragraph num="(d)"> <text>Developmentally Appropriate Learning and Practice; and</text> </paragraph> <paragraph num="(e)"> <text>Administrative Policies and Practices.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Substantial compliance” means that a licensed child care provider has no more than one licensing inspection in the previous 12 months with a finding of noncompliance with applicable child care regulations governing:</text> <paragraph num="(a)"> <text>Injurious treatment;</text> </paragraph> <paragraph num="(b)"> <text>Child protection;</text> </paragraph> <paragraph num="(c)"> <text>Child supervision; or</text> </paragraph> <paragraph num="(d)"> <text>Child capacity.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>“Tiered quality rating and improvement system (TQRIS)” means a system that awards ratings based on meeting increasingly higher criteria of program quality and performance.</text> </paragraph> <paragraph num="(21)"> <text>“Tiered reimbursement” means a differential child care subsidy payment that is made to a licensed child care program according to the program’s quality rating and the ages of the children served by the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility Requirements."> <paragraph num="A."> <text>Eligibility to participate in Maryland EXCELS is limited to a currently operating ECE program, as defined at Regulation .02B(4) of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Office shall accept an application to participate in Maryland EXCELS only from an eligible program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Process."> <paragraph num="A."> <text>An ECE program shall apply to participate in Maryland EXCELS through the EXCELS public portal.</text> </paragraph> <paragraph num="B."> <text>To apply for participation in Maryland EXCELS, an ECE program shall:</text> <paragraph num="(1)"> <text>Create a user name and password in the EXCELS public portal; and</text> </paragraph> <paragraph num="(2)"> <text>Submit a complete application that includes:</text> <paragraph num="(a)"> <text>Verification of the program’s license, registration, or approval to operate;</text> </paragraph> <paragraph num="(b)"> <text>Documentation of the program’s:</text> <paragraph num="(i)"> <text>Name;</text> </paragraph> <paragraph num="(ii)"> <text>Full street address and, if different, full mailing address;</text> </paragraph> <paragraph num="(iii)"> <text>Days and hours of operation;</text> </paragraph> <paragraph num="(iv)"> <text>Child care staffing level;</text> </paragraph> <paragraph num="(v)"> <text>Current child enrollment;</text> </paragraph> <paragraph num="(vi)"> <text>Primary contact name and email address; and</text> </paragraph> <paragraph num="(vii)"> <text>Other information that may be required by the Office.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Office shall inform the applicant by email of acceptance into Maryland EXCELS within 30 calendar days from the date that a complete application was received by the Office through the EXCELS public portal.</text> </paragraph> <paragraph num="D."> <text>Rejected Application.</text> <paragraph num="(1)"> <text>If the Office rejects an application, the Office shall notify the applicant by email within 30 calendar days from the date the application was received by the Office through the EXCELS public portal.</text> </paragraph> <paragraph num="(2)"> <text>Notification of rejection shall include the:</text> <paragraph num="(a)"> <text>Reason for the rejection; and</text> </paragraph> <paragraph num="(b)"> <text>Action that the applicant may take in order for the application to be accepted.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Publication."> <paragraph num="A."> <text>Based upon the information provided by the ECE program, the Office shall determine the program’s quality rating level.</text> </paragraph> <paragraph num="B."> <text>A quality rating is achieved by meeting all criteria that apply to one of five levels established by the set of standards applicable to the type of ECE program.</text> </paragraph> <paragraph num="C."> <text>Standards.</text> <paragraph num="(1)"> <text>Family child care standards apply to family child care homes and large family child care homes.</text> </paragraph> <paragraph num="(2)"> <text>Child care center standards apply to:</text> <paragraph num="(a)"> <text>Child care centers, except as set forth at §C(3) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Head Start programs, whether licensed by the Office or operated by local education agencies;</text> </paragraph> <paragraph num="(c)"> <text>Nonpublic nursery schools; and</text> </paragraph> <paragraph num="(d)"> <text>Letter of compliance facilities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>School-age only standards apply to child care centers operating pursuant to COMAR 13A.16 that are approved by the Office to provide child care services only to school-age children.</text> </paragraph> <paragraph num="(4)"> <text>Public prekindergarten standards apply to public prekindergarten programs operated by local education agencies.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Quality Rating Review.</text> <paragraph num="(1)"> <text>An ECE program may request a review of a decision by the Office to remove, reduce, or deny the program’s quality rating.</text> </paragraph> <paragraph num="(2)"> <text>A request for a review shall be submitted to the Office in writing within 30 calendar days after the date of the removal, reduction, or denial of a quality rating.</text> </paragraph> <paragraph num="(3)"> <text>The Maryland EXCELS Advisory Committee shall:</text> <paragraph num="(a)"> <text>Have authority to hear each request for review; and</text> </paragraph> <paragraph num="(b)"> <text>Submit its recommendation to the Office within 30 calendar days of receipt of the request for review.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Within 5 business days after receiving the recommendation, the Office shall notify the requestor of the review decision.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Request to Publish. Within 12 months from the date of acceptance into Maryland EXCELS, a participating ECE program shall request the Office to publish its quality rating online through the EXCELS public portal.</text> </paragraph> <paragraph num="F."> <text>To publish its quality rating, a participating program shall:</text> <paragraph num="(1)"> <text>Upload documentation to the EXCELS public portal showing that the applicable standards have been met;</text> </paragraph> <paragraph num="(2)"> <text>Affirm that each item of documentation submitted to show that the program meets quality standards is:</text> <paragraph num="(a)"> <text>The original creation of the program; or</text> </paragraph> <paragraph num="(b)"> <text>Submitted with permission of the documentation’s original author; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Send a request through the EXCELS public portal to publish the program’s quality rating.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Office may reduce, remove, or deny a published quality rating or a request to publish a quality rating if:</text> <paragraph num="(1)"> <text>The ECE program fails to maintain substantial compliance;</text> </paragraph> <paragraph num="(2)"> <text>The Office enters an enforcement action against the program’s license, letter of compliance, or registration; or</text> </paragraph> <paragraph num="(3)"> <text>A complaint against the program is substantiated for noncompliance with the requirements of this chapter pertaining to:</text> <paragraph num="(a)"> <text>Injurious treatment;</text> </paragraph> <paragraph num="(b)"> <text>Child protection;</text> </paragraph> <paragraph num="(c)"> <text>Child supervision; or</text> </paragraph> <paragraph num="(d)"> <text>Child capacity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Unless determined otherwise by the Office pursuant to §G of this regulation, a published Maryland EXCELS quality rating is valid for 12 months from the date of publication unless determined otherwise by the Office, or:</text> <paragraph num="(1)"> <text>The expiration date of the current rating has passed and an annual update has not yet been submitted;</text> </paragraph> <paragraph num="(2)"> <text>Substantial compliance is no longer maintained by the program; or</text> </paragraph> <paragraph num="(3)"> <text>The Office enters a license enforcement action against the program.</text> </paragraph> </paragraph> <paragraph num="I."> <text>To continue as a published program, the ECE program shall:</text> <paragraph num="(1)"> <text>Prior to the expiration of the current rating cycle, submit documentation through the Maryland EXCELS public portal showing that the program continues to meet the requirements applicable to the rating level; and</text> </paragraph> <paragraph num="(2)"> <text>Be available to receive site visits as required by the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Incentives."> <paragraph num="A."> <text>Program Bonus. Depending on funding availability, a participating program shall receive a program bonus:</text> <paragraph num="(1)"> <text>One time only upon initial publication of a quality rating of 1, 2, 3, or 4;</text> </paragraph> <paragraph num="(2)"> <text>Upon publishing each successively higher quality rating after the initial publication of a quality rating; and</text> </paragraph> <paragraph num="(3)"> <text>Upon initial publication of a quality rating of 5, and thereafter annually upon renewal and republication of a quality rating of 5.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon verification by the Office that the participant has met the requirements for a program bonus, the Office shall award a bonus up to the amount set forth in the following schedule, as applicable:</text> <paragraph num="(1)"> <text>Child Care Center Program Bonus:</text> </paragraph> <paragraph num="(2)"> <text>Family Child Care Program Bonus:</text> </paragraph> <paragraph num="(3)"> <text>Large Family Child Care Program Bonus:</text> </paragraph> </paragraph> <paragraph num="C."> <text>Tiered Reimbursement.</text> <paragraph num="(1)"> <text>A participating program shall receive a differential payment for Child Care Subsidy reimbursement upon publication of a quality rating level of 3, 4, or 5.</text> </paragraph> <paragraph num="(2)"> <text>Upon verification by the Office that the participant has met the requirements for a quality rating level of 3, 4, or 5, the Office shall award the differential payment of at least the amount set forth in the following schedule:</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalties."> <paragraph num="A."> <text>An applicant, participant, or grantee may not knowingly make or cause to be made any false statement or report:</text> <paragraph num="(1)"> <text>In an application or documentation furnished to the Office or furnished to the Maryland EXCELS online system under the requirements of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of influencing the action of the Office on any matter related to an award, either before or after an award has been made.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Failure to comply with §A of this regulation shall result in:</text> <paragraph num="(1)"> <text>Forfeiture of any claim to a:</text> <paragraph num="(a)"> <text>Program bonus; or</text> </paragraph> <paragraph num="(b)"> <text>Tiered reimbursement payment; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Denial of initial or continued participation in the Maryland EXCELS program.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-502 and 5-573, Annotated Code of Maryland;Agency Note: Federal Statutory Reference — Child Care and Development Fund, 45 CFR 98.51</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 30, 2015 (42:6 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="15" heading="Outdoor, Nature-Based Child Care License Pilot Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Outdoor, Nature-Based Child Care License Pilot Program is to license outdoor, nature-based early learning and child care programs to expand access to affordable, high-quality early learning and child care programs and investigate the benefits of outdoor, nature-based child care and learning environments.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Authority."> <text>The Outdoor, Nature-Based Child Care License Pilot Program is under the authority and supervision of the Department and shall operate for 4 years, beginning in the 2024—2025 school year.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Hazard” means a source of harm that:</text> <paragraph num="(a)"> <text>Is not obvious to the child because the potential for injury is hidden; or</text> </paragraph> <paragraph num="(b)"> <text>Is obvious to the child but is greater than a child can manage to avoid.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Office” means the Office of Child Care within the Department.</text> </paragraph> <paragraph num="(4)"> <text>“Operator” means an individual or entity that establishes a pilot under the Program.</text> </paragraph> <paragraph num="(5)"> <text>“Pilot” means an early learning or child care program:</text> <paragraph num="(a)"> <text>That is primarily operated outdoors; and</text> </paragraph> <paragraph num="(b)"> <text>In which children are enrolled on a regular basis for 3 or more hours per day.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Program” means the Outdoor, Nature-Based Child Care License Pilot Program.</text> </paragraph> <paragraph num="(7)"> <text>“Risk benefit assessment" means a process used to identify and document hazards and risky play elements associated with childhood outdoor play and make plans to mitigate the risk of injury to children while maintaining developmental benefits for children.</text> </paragraph> <paragraph num="(8)"> <text>“Risky play” means physical activity and play that is challenging and involves risk of physical injury or getting lost.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application."> <text>Each pilot applicant shall submit:</text> <paragraph num="A."> <text>An application on a Department approved form;</text> </paragraph> <paragraph num="B."> <text>Any variances requested under Regulation .07 of this chapter;</text> </paragraph> <paragraph num="C."> <text>Comprehensive policies and procedures for each of the program requirements set forth in Regulation .08 of this chapter; and</text> </paragraph> <paragraph num="D."> <text>Any additional documents required by the Department to ensure the health, safety, and welfare of children in care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Considerations for Approval."> <text>When considering whether to approve a pilot under this chapter, the Department:</text> <paragraph num="A."> <text>Shall give priority to:</text> <paragraph num="(1)"> <text>Existing outdoor, nature-based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and</text> </paragraph> <paragraph num="(2)"> <text>Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into outdoor, nature-based early learning;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and</text> </paragraph> <paragraph num="C."> <text>May give priority to:</text> <paragraph num="(1)"> <text>Areas where there are few or limited licensed early child care programs; and</text> </paragraph> <paragraph num="(2)"> <text>Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Approval."> <paragraph num="A."> <text>Upon receiving a completed application under Regulation .04 of this chapter and all documentation required by law or regulation, the office shall determine compliance with the requirements of this chapter by:</text> <paragraph num="(1)"> <text>Evaluating the application and required documentation; and</text> </paragraph> <paragraph num="(2)"> <text>Inspecting the setting proposed to be used for the pilot.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as specified at §C of this regulation, the office shall, within 60 days after completing the procedures in §A of this regulation:</text> <paragraph num="(1)"> <text>Issue the pilot a license;</text> </paragraph> <paragraph num="(2)"> <text>Issue the pilot a license with provisional status; or</text> </paragraph> <paragraph num="(3)"> <text>Deny the pilot a license.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office may not issue the pilot a license until child care staff, sufficient in number to meet approved staff/child ratio and group size requirements as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Operator Qualifications."> <paragraph num="A."> <text>Except as provided in §D of this regulation, the operator of a pilot shall comply with the requirements for a child care center set forth in COMAR 13A.16.</text> </paragraph> <paragraph num="B."> <text>A pilot that seeks to operate an educational program shall comply with the educational program requirements of COMAR 13A.16.16.</text> </paragraph> <paragraph num="C."> <text>An operator may not operate more than one pilot.</text> </paragraph> <paragraph num="D."> <text>Variances. An operator shall specify in the application submitted under Regulation .04 of this chapter any regulations for which the operator seeks a variance to operate the pilot pursuant to COMAR 13A.16.03.08.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Program Requirements."> <paragraph num="A."> <text>In addition to the applicable requirements set forth in COMAR 13A.16, the pilot shall meet the requirements of this regulation.</text> </paragraph> <paragraph num="B."> <text>Capacity.</text> <paragraph num="(1)"> <text>Notwithstanding any other provision under COMAR 13A.16, the maximum total capacity of the pilot may not exceed 12 children at any one time.</text> </paragraph> <paragraph num="(2)"> <text>The office shall determine the capacity of the pilot based on:</text> <paragraph num="(a)"> <text>An assessment of the hazards or risks present in the pilot’s location;</text> </paragraph> <paragraph num="(b)"> <text>The ability of staff to visually account for children in care;</text> </paragraph> <paragraph num="(c)"> <text>The square footage of natural space per child; and</text> </paragraph> <paragraph num="(d)"> <text>Applicable zoning, health, safety, and environmental standards or codes of the state and local jurisdiction in which the pilot is located.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The pilot shall limit the total number of children in care at one time to the capacity approved by the office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Minimum Age Requirement. A pilot shall enroll only children who are 3 years old or older.</text> </paragraph> <paragraph num="D."> <text>Minimum Staff Requirements. Notwithstanding any other provision under COMAR 13A.16, a pilot shall staff the program at all times with two child care teachers.</text> <paragraph num="(1)"> <text>The pilot shall staff the program at all times with one child care teacher who:</text> <paragraph num="(a)"> <text>Meets the requirements of COMAR 13A.16.06.09A—B;</text> </paragraph> <paragraph num="(b)"> <text>Holds a current certificate indicating successful completion of wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross or a program with equivalent standards; and</text> </paragraph> <paragraph num="(c)"> <text>Has completed 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the second child care teacher has not met the requirements of §D(1) of this regulation, the individual is eligible for employment as a child care teacher in the pilot program if the individual:</text> <paragraph num="(a)"> <text>Meets the requirements of COMAR 13A.16.06.09-01;</text> </paragraph> <paragraph num="(b)"> <text>Is enrolled in a wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross, or a program with equivalent standards; and</text> </paragraph> <paragraph num="(c)"> <text>Is enrolled in 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Staff Professional Development. Six of the 12 hours of the continuing professional development required by COMAR 13A.16.06.09C shall be related to outdoor, nature-based early learning and child care.</text> </paragraph> <paragraph num="F."> <text>Location.</text> <paragraph num="(1)"> <text>A pilot shall:</text> <paragraph num="(a)"> <text>Have a permanently located child care and learning environment; or</text> </paragraph> <paragraph num="(b)"> <text>Be a roaming program, where resources are brought to the program each day.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the operator of the pilot does not own the land on which the pilot program is located, the pilot shall enter into a land use agreement with the property owner permitting the pilot’s operation.</text> </paragraph> <paragraph num="(3)"> <text>A pilot shall comply with all applicable zoning, health, safety, and environmental standards or codes of the State and local jurisdiction in which the pilot is located.</text> </paragraph> <paragraph num="(4)"> <text>Prior to the arrival of any children, a pilot shall conduct and maintain a log of a daily visual inspection of the areas of the pilot that will be used that day.</text> </paragraph> <paragraph num="(5)"> <text>A pilot shall have a method of removing or mitigating any hazards discovered in the inspected areas such as but not limited to:</text> <paragraph num="(a)"> <text>Overhead branches;</text> </paragraph> <paragraph num="(b)"> <text>Hazardous materials or devices;</text> </paragraph> <paragraph num="(c)"> <text>Wildlife or wildlife droppings; or</text> </paragraph> <paragraph num="(d)"> <text>Other items that threaten the health, safety, or well-being of children.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Square Footage. The pilot shall:</text> <paragraph num="(1)"> <text>Have access to at least 4,000 square feet of natural space; and</text> </paragraph> <paragraph num="(2)"> <text>Within the 4,000 square feet of natural space, identify at least 75 square feet per child accessing the space, at any given time that is suitable for vigorous and active play and gross motor activity.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Communication System. A pilot shall maintain a communication system that enables staff to communicate at all times with:</text> <paragraph num="(1)"> <text>Other staff;</text> </paragraph> <paragraph num="(2)"> <text>Emergency services, including 911 and poison control;</text> </paragraph> <paragraph num="(3)"> <text>The Department; and</text> </paragraph> <paragraph num="(4)"> <text>Parents and guardians.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Bathroom Use.</text> <paragraph num="(1)"> <text>The pilot shall ensure that there is adequate supervision of all children when staff or children are using the toilet.</text> </paragraph> <paragraph num="(2)"> <text>A pilot shall provide one of the following options for children and staff to meet their toileting needs:</text> <paragraph num="(a)"> <text>A portable chemical toilet designated for use by the pilot that is:</text> <paragraph num="(i)"> <text>Nontoxic and formaldehyde-free;</text> </paragraph> <paragraph num="(ii)"> <text>Emptied regularly as needed; and</text> </paragraph> <paragraph num="(iii)"> <text>Cleaned at least once a day and more often if needed;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A toilet facility in a public park, nature center, or public facility if:</text> <paragraph num="(i)"> <text>Staff check the bathrooms for cleanliness and safety prior to each child’s use; and</text> </paragraph> <paragraph num="(ii)"> <text>The pilot provides additional supplies as needed including toilette paper, paper towels, and fragrance free soap.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If no other toilet options are available, backcountry toileting that complies with:</text> <paragraph num="(i)"> <text>The rules of the land use agreement with the landowner;</text> </paragraph> <paragraph num="(ii)"> <text>All applicable state and local health, environmental, and zoning standards; and</text> </paragraph> <paragraph num="(iii)"> <text>Leave no trace standards requiring the deposit of solid human waste in catholes dug 6 – 8 inches deep at least 200 feet from water, pilot usable play space, and trails.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Diapering.</text> <paragraph num="(1)"> <text>A pilot shall have a diapering area that:</text> <paragraph num="(a)"> <text>Is separate from areas where food is stored, prepared, or served;</text> </paragraph> <paragraph num="(b)"> <text>Is separate from where children play or eat;</text> </paragraph> <paragraph num="(c)"> <text>Has an approved handwashing method readily available; and</text> </paragraph> <paragraph num="(d)"> <text>Has a sturdy surface or mat that:</text> <paragraph num="(i)"> <text>Is not torn or repaired with tape;</text> </paragraph> <paragraph num="(ii)"> <text>Is washable;</text> </paragraph> <paragraph num="(iii)"> <text>Has a moisture resistant surface that is able to be cleaned and sanitized; and</text> </paragraph> <paragraph num="(iv)"> <text>Is large enough to prevent the area under the diaper changing area from being contaminated with bodily fluids.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A pilot may not leave children unattended on a diaper changing surface or mat during the diaper changing process.</text> </paragraph> <paragraph num="(3)"> <text>A pilot shall have and follow each step described in a diaper changing procedure to ensure diaper changing and disposal practices prevent cross-contamination.</text> </paragraph> <paragraph num="(4)"> <text>A pilot shall prevent the viewing by members of the public of a partially or fully undressed child during diaper changes.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Safe Water Sources.</text> <paragraph num="(1)"> <text>A pilot without access to hot or cold running water shall provide sufficient potable water from an approved source for drinking, food preparation, handwashing, dishwashing, and sanitizing.</text> </paragraph> <paragraph num="(2)"> <text>A pilot shall offer drinking water multiple times throughout the day and be always readily available to children.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Rest Areas and Furnishings.</text> <paragraph num="(1)"> <text>A pilot shall provide an approved and adequate area for children to rest;</text> </paragraph> <paragraph num="(2)"> <text>The floor of the rest area shall be lined with a tarp made of waterproof material that can be cleaned and sanitized.</text> </paragraph> <paragraph num="(3)"> <text>A pilot shall provide an age and developmentally appropriate mat for each child to use that is:</text> <paragraph num="(a)"> <text>At a minimum, one inch thick;</text> </paragraph> <paragraph num="(b)"> <text>Inspected daily before use to ensure that the mat is in good condition and free of:</text> <paragraph num="(i)"> <text>Tears;</text> </paragraph> <paragraph num="(ii)"> <text>Holes,</text> </paragraph> <paragraph num="(iii)"> <text>Repairs;</text> </paragraph> <paragraph num="(iv)"> <text>Mold or mildew; and</text> </paragraph> <paragraph num="(v)"> <text>Vermin, insect, or other infestation.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Cleaned, sanitized, and air dried at least once per week or more often as needed if used by only one child, or after each use if used by more than one child; and</text> </paragraph> <paragraph num="(d)"> <text>Stored so sleeping surfaces are not touching each other unless cleaned and sanitized after each use.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The mats shall be arranged so there is at least 18 inches on each side to reduce germ exposure and to allow staff access to each child during sleep time;</text> </paragraph> <paragraph num="(5)"> <text>Each child shall have the following bedding:</text> <paragraph num="(a)"> <text>A clean sheet or blanket to cover the sleeping surface and a clean blanket to cover the child that is suitable given the child’s size and outdoor temperature; or</text> </paragraph> <paragraph num="(b)"> <text>A sleeping bag suitable for outdoor temperatures.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>All bedding shall:</text> <paragraph num="(a)"> <text>Be laundered at least once per week or more often as needed; and</text> </paragraph> <paragraph num="(b)"> <text>Stored separately from bedding used by another child unless it is cleaned and sanitized after each use.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The pilot shall use a tarp overhead made of waterproof material to protect resting children from the sun, rain, or other elements.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Food Storage. A pilot shall:</text> <paragraph num="(1)"> <text>Have approved, clean, and sanitary food preparation and eating areas; and</text> </paragraph> <paragraph num="(2)"> <text>Maintain food at safe temperatures, as defined in COMAR 10.15.03, during storage, preparation, and transportation.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Medication. A pilot shall:</text> <paragraph num="(1)"> <text>Require safe medication storage;</text> </paragraph> <paragraph num="(2)"> <text>Require reasonable accommodations for giving medication; and</text> </paragraph> <paragraph num="(3)"> <text>Maintain all required medication documentation and forms.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Outdoor Clothing and Equipment. A pilot shall provide families with a list of all clothing and equipment necessary to ensure all children:</text> <paragraph num="(1)"> <text>Are dressed for weather conditions during outdoor program time; and</text> </paragraph> <paragraph num="(2)"> <text>Have extra clothing to meet children’s safety and comfort throughout the day.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Safe Operating Temperatures. The pilot program shall not operate on any day when the MSDE Child Care Weather Watch chart posted on the MSDE website is:</text> <paragraph num="(1)"> <text>In the red zone for the Heat Index Chart; or</text> </paragraph> <paragraph num="(2)"> <text>In the yellow or red zone for the Wind-Chill Factor Chart.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Sheltering During Inclement Weather. A pilot shall take appropriate action to protect the health, safety, and welfare of the children and shall have:</text> <paragraph num="(1)"> <text>Plans to relocate or seek shelter in any alternative locations during inclement weather conditions and other possible hazards including but not limited to:</text> <paragraph num="(a)"> <text>Earthquake;</text> </paragraph> <paragraph num="(b)"> <text>Lightning storm, tornado, hurricane, or flooding;</text> </paragraph> <paragraph num="(c)"> <text>Air quality emergency ordered by a public safety authority;</text> </paragraph> <paragraph num="(d)"> <text>Lockdown notification ordered by a public safety authority; or</text> </paragraph> <paragraph num="(e)"> <text>Other similar incidents.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Plans for days when the MSDE Child Care Weather Watch chart posted on the MSDE website is in the yellow zones for the Heat Index Chart.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Accommodations. A pilot shall provide reasonable accommodations for children with disabilities or special health care needs.</text> </paragraph> <paragraph num="S."> <text>Child Safety.</text> <paragraph num="(1)"> <text>A pilot shall use developmentally and age appropriate practices to teach children about:</text> <paragraph num="(a)"> <text>Boundaries;</text> </paragraph> <paragraph num="(b)"> <text>Self-regulation for outdoor and risky play; and</text> </paragraph> <paragraph num="(c)"> <text>Encountering members of the public not affiliated with the pilot.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a child goes missing, the pilot shall implement the steps of the emergency and safety plan required by COMAR 13A.16.10.01, including but not limited to:</text> <paragraph num="(a)"> <text>Immediately notifying 911 to summon fire, police, and rescue services;</text> </paragraph> <paragraph num="(b)"> <text>Immediately notifying the parent or guardian of any lost or missing child;</text> </paragraph> <paragraph num="(c)"> <text>Notifying child protective services as soon as practicable; and</text> </paragraph> <paragraph num="(d)"> <text>Notifying the Department as soon as practicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="T."> <text>Risky Play. The risk benefit assessment shall:</text> <paragraph num="(1)"> <text>Be submitted to the office on the approved form provided by the Department; and</text> </paragraph> <paragraph num="(2)"> <text>Identify:</text> <paragraph num="(a)"> <text>The types of risk present at the site or sites, including all hazards, that will be used by the pilot on a regular basis and explain how risks may change throughout the different seasons of the year; and</text> </paragraph> <paragraph num="(b)"> <text>The potential benefits to children and the likelihood and severity of potential injury, and methods of mitigating hazards for risky play activities, including, but not limited to the following:</text> <paragraph num="(i)"> <text>Climbing natural features;</text> </paragraph> <paragraph num="(ii)"> <text>Water activities or supervision near bodies of water;</text> </paragraph> <paragraph num="(iii)"> <text>Using sharp tools;</text> </paragraph> <paragraph num="(iv)"> <text>Plant foraging;</text> </paragraph> <paragraph num="(v)"> <text>Pilot program pets;</text> </paragraph> <paragraph num="(vi)"> <text>Foraging or egg collection and consumption; and</text> </paragraph> <paragraph num="(vii)"> <text>Activities near cliffs, steep slopes, or other natural features or hazards.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="U."> <text>Campfire Activity Supervision and Safety.</text> <paragraph num="(1)"> <text>A pilot shall have written permission from the landowner and any necessary permits before engaging in any campfire activities.</text> </paragraph> <paragraph num="(2)"> <text>A pilot shall have a signed and dated written permission for campfire activities from each child's parent or guardian in the form of a fire hazard waiver. There may not be any campfire activities if the pilot does not have a fire hazard waiver for each child in attendance on that day.</text> </paragraph> <paragraph num="(3)"> <text>A pilot shall train staff in the safe fire practices provided by the U.S. Forest Service and in this regulation.</text> </paragraph> <paragraph num="(4)"> <text>A pilot shall ensure that all staff:</text> <paragraph num="(a)"> <text>Are able to properly build and extinguish a fire;</text> </paragraph> <paragraph num="(b)"> <text>Are properly trained in how to use an ABC fire extinguisher; and</text> </paragraph> <paragraph num="(c)"> <text>Are prepared to smother a fire on a child's clothing or hair using equipment including but not limited to:</text> <paragraph num="(i)"> <text>Water;</text> </paragraph> <paragraph num="(ii)"> <text>A fire suppression blanket; or</text> </paragraph> <paragraph num="(iii)"> <text>A fire extinguisher, as permitted.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Before starting a campfire activity, a pilot shall have the necessary equipment and supplies to safely extinguish a campfire including but not limited to:</text> <paragraph num="(a)"> <text>Sufficient water;</text> </paragraph> <paragraph num="(b)"> <text>A shovel; and</text> </paragraph> <paragraph num="(c)"> <text>An ABC professionally certified fire extinguisher, as permitted.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A pilot shall have and properly maintain a first-aid kit near the campfire that contains first-aid supplies made specifically to treat fire related injuries including but not limited to:</text> <paragraph num="(a)"> <text>A fire suppression blanket; and</text> </paragraph> <paragraph num="(b)"> <text>Sterile, non-adhesive bandages.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A pilot shall create a clearly visible boundary at least three feet away from the outer edge of the fire pit or structure containing the fire.</text> <paragraph num="(a)"> <text>This boundary may be marked by:</text> <paragraph num="(i)"> <text>A rope;</text> </paragraph> <paragraph num="(ii)"> <text>Large rocks; or</text> </paragraph> <paragraph num="(iii)"> <text>A seating area made of logs or camp chairs.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>At all times, the area within the three-foot boundary shall:</text> <paragraph num="(i)"> <text>Be clear of tripping hazards such as bags or other materials; and</text> </paragraph> <paragraph num="(ii)"> <text>Have space in between the logs, camp chairs, or other seating so that children and adults may easily move into and out of the seating area.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>Prior to any campfire activity, a pilot shall use developmentally appropriate teaching practices to ensure children understand safe behavior around a campfire.</text> </paragraph> <paragraph num="(9)"> <text>A pilot shall require campfires to be built and extinguished according to safe fire practices provided by the U.S. Forest Service and the campfire:</text> <paragraph num="(a)"> <text>May not be built during periods of high fire danger in the area;</text> </paragraph> <paragraph num="(b)"> <text>May not be more than 2 feet in diameter;</text> </paragraph> <paragraph num="(c)"> <text>Shall be in a fire pit or structure that is designed for the express purpose of safely containing a campfire and, when applicable, the fire pit or structure shall contain an approved bottom; and</text> </paragraph> <paragraph num="(d)"> <text>May not use accelerant or burn materials that release toxic substances, such as chemically treated wood, rubber, or plastics.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>While campfires are burning, a pilot staff member shall remain within the 3-foot boundary around the fire to respond to any fire tending needs and to prevent children from coming into close contact with the fire.</text> </paragraph> <paragraph num="(11)"> <text>Adults who tend to the fire must tie back long hair and secure loose clothing to reduce the risk of catching fire.</text> </paragraph> <paragraph num="(12)"> <text>The pilot shall prevent children from:</text> <paragraph num="(a)"> <text>Entering the 3-foot boundary around the campfire;</text> </paragraph> <paragraph num="(b)"> <text>Running and pushing within 6 feet of the edge of the firepit; and</text> </paragraph> <paragraph num="(c)"> <text>Inhaling campfire smoke.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>A pilot shall require completion of a campfire activity log on a Department approved form for each campfire activity.</text> </paragraph> <paragraph num="(14)"> <text>Each pilot may not have more than one campfire activity at any time.</text> </paragraph> </paragraph> <paragraph num="V."> <text>Handbook. A pilot shall provide each parent or guardian a handbook containing written policies and procedures for each of the requirements of this regulation.</text> </paragraph> <paragraph num="W."> <text>Waivers. A pilot shall require parents or guardians to sign a risk waiver that acknowledges and accepts the potential hazards and risks associated with the pilot.</text> </paragraph> <paragraph num="X."> <text>Records. A pilot shall store all records required under COMAR 13A.16 and this regulation in a manner that protects the records from damage from the elements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Evaluation."> <text>On or before October 1st of each year, the operator shall submit to the Department the following information for the prior school year:</text> <paragraph num="A."> <text>The number of children and families being served by the pilot;</text> </paragraph> <paragraph num="B."> <text>The number of participating providers who enrolled in the Maryland EXCELS Program;</text> </paragraph> <paragraph num="C."> <text>The number of children who participated in the Child Care Scholarship Program;</text> </paragraph> <paragraph num="D."> <text>The number of children served by the infant and early childhood mental health support services program; and</text> </paragraph> <paragraph num="E."> <text>The number of children who participated in a publicly funded prekindergarten program.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§2-205 and 9.5-1101—9.5-1104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 3, 2025 (52:4 Md. R. 220)</annotation> </annotations> </chapter> </subtitle> <subtitle num="15" heading="Family Child Care"> <chapter num="01" heading="Scope and Definitions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of registration of family child care homes is to:</text> <paragraph num="A."> <text>Protect the health, safety, and welfare of children while they are in family child care; and</text> </paragraph> <paragraph num="B."> <text>Identify family child care homes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abuse” means:</text> <paragraph num="(a)"> <text>The physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:</text> <paragraph num="(i)"> <text>A parent;</text> </paragraph> <paragraph num="(ii)"> <text>An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or</text> </paragraph> <paragraph num="(iii)"> <text>A household or family member; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Sexual abuse of a child, whether physical injuries are sustained or not.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Acute illness” means an abnormal condition of the body with rapid onset that has a short course of duration, as opposed to a chronic illness of long duration.</text> </paragraph> <paragraph num="(3)"> <text>“Additional adult” means an individual 18 years old or older who assists a family child care provider in caring for children who are younger than 24 months old.</text> </paragraph> <paragraph num="(4)"> <text>“Agency” means the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Agency representative” means an individual designated by the Agency to determine compliance with this subtitle.</text> </paragraph> <paragraph num="(6)"> <text>“Applicant" means a person who has submitted to the office all of the required forms and documentation to request approval for initial registration or for continuing registration.</text> </paragraph> <paragraph num="(7)"> <text>“Approved training” means course work or a workshop provided by:</text> <paragraph num="(a)"> <text>A regionally accredited college or university;</text> </paragraph> <paragraph num="(b)"> <text>A State-approved private career school;</text> </paragraph> <paragraph num="(c)"> <text>The Child Development Associate National Credentialing Program;</text> </paragraph> <paragraph num="(d)"> <text>Other organizations or individuals approved by the office; or</text> </paragraph> <paragraph num="(e)"> <text>The Agency.</text> </paragraph> </paragraph> <paragraph num="(7-1)"> <text>Cannabis.</text> <paragraph num="(a)"> <text>“Cannabis” means the plant cannabis sativa L. and any part of the plant, including:</text> <paragraph num="(i)"> <text>All derivatives;</text> </paragraph> <paragraph num="(ii)"> <text>Extracts;</text> </paragraph> <paragraph num="(iii)"> <text>Cannabinoids;</text> </paragraph> <paragraph num="(iv)"> <text>Isomers;</text> </paragraph> <paragraph num="(v)"> <text>Acids;</text> </paragraph> <paragraph num="(vi)"> <text>Salts; and</text> </paragraph> <paragraph num="(vii)"> <text>Salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry weight basis.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Cannabis” includes any product that is composed of cannabis, cannabis concentrate, or cannabis extract including but not limited to cannabis vaporizing devices, concentrated cannabis products, edible cannabis products, and any usable cannabis products.</text> </paragraph> <paragraph num="(c)"> <text>“Cannabis” does not include hemp or hemp products, as defined in Agriculture Article, §14-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Child” means an individual who is younger than:</text> <paragraph num="(a)"> <text>13 years old; or</text> </paragraph> <paragraph num="(b)"> <text>21 years old and has a developmental disability or other emotional, physical, educational, or medical need for child care beyond 13 years old.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Continuing registration” means a family child care registration that does not expire.</text> </paragraph> <paragraph num="(10)"> <text>“Core of knowledge” means the competencies identified by the office as essential for all individuals working in the child care delivery system, including:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Special needs;</text> </paragraph> <paragraph num="(d)"> <text>Professionalism;</text> </paragraph> <paragraph num="(e)"> <text>Community; and</text> </paragraph> <paragraph num="(f)"> <text>Health, safety, and nutrition.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(12)"> <text>“Elective training” means training at a conference, seminar, or other event that is approved by the office but is not in a core of knowledge competency area.</text> </paragraph> <paragraph num="(13)"> <text>Employee.</text> <paragraph num="(a)"> <text>“Employee” means an individual who is employed to work in a family child care home and who:</text> <paragraph num="(i)"> <text>Cares for or supervises children in the facility; or</text> </paragraph> <paragraph num="(ii)"> <text>Has access to children who are cared for or supervised in the facility.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Employee” includes a substitute.</text> </paragraph> <paragraph num="(c)"> <text>“Employee” does not include an individual who is:</text> <paragraph num="(i)"> <text>An independent contractor; or</text> </paragraph> <paragraph num="(ii)"> <text>A licensed or certified health care professional who is compensated by the family child care provider or the parent of a child in care to provide a specified health care service to the child.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For the purpose of applying the criminal background check requirements and the child and adult abuse and neglect record review requirements set forth in this subtitle, “employee” includes an individual who:</text> <paragraph num="(i)"> <text>Meets the definition of an employee as set forth in this subsection; and</text> </paragraph> <paragraph num="(ii)"> <text>Does not clearly meet, or is not excluded from, the definition of independent contractor as set forth in §B(19) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Family child care” has the same meaning as family child care as defined in Education Article, §9.5-301(d), Annotated Code of Maryland, and means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the provider is paid in cash or in kind.</text> </paragraph> <paragraph num="(15)"> <text>“Family child care coprovider” means an individual who shares responsibility with the family child care provider for the operation of the family child care home and who meets the requirements of this subtitle.</text> </paragraph> <paragraph num="(16)"> <text>“Family child care home” means the residence in which child care is given.</text> </paragraph> <paragraph num="(17)"> <text>“Family child care provider” means the adult who has primary responsibility for the provision of child care in the family child care home and who meets the requirements of this subtitle.</text> </paragraph> <paragraph num="(18)"> <text>“Identified as responsible for child abuse or neglect” means being determined by a local department of social services or other state agency to be responsible for indicated child abuse or neglect, or awaiting the local department's appeal hearing after the determination.</text> </paragraph> <paragraph num="(19)"> <text>Independent Contractor.</text> <paragraph num="(a)"> <text>“Independent contractor” means an individual or other entity:</text> <paragraph num="(i)"> <text>That is hired by the family child care provider, a resident, or the parent of a child in care, on the basis of a service contract or agreement, to perform a specialized service at the family child care home, including, but not limited to, home maintenance or repair, academic tutoring, or recreational programming, for a specified period of time or in order to achieve a specified result;</text> </paragraph> <paragraph num="(ii)"> <text>That determines how the specialized service shall be performed; and</text> </paragraph> <paragraph num="(iii)"> <text>Whose specialized service is not restricted to the family child care home, but is available for hire by other customers.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Independent contractor” does not include an individual who:</text> <paragraph num="(i)"> <text>Is a licensed or certified health care professional compensated by the family child care provider to provide a specified health care service to a child in care;</text> </paragraph> <paragraph num="(ii)"> <text>Under a private arrangement with the parent or guardian of a child or children in care, provides a health care, educational, or other service only to that child or those children; or</text> </paragraph> <paragraph num="(iii)"> <text>Is employed for compensation by a public school or by a private or nonpublic school required to report annually to the State Board of Education.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(19-1)"> <text>“Infant-toddler” means a child age group comprising children younger than 2 years old.</text> </paragraph> <paragraph num="(20)"> <text>"Injurious treatment” means:</text> <paragraph num="(a)"> <text>Physical discipline, including but not limited to spanking, hitting, shaking, or any other means of physical discipline, or enforcement of acts which result in physical pain;</text> </paragraph> <paragraph num="(b)"> <text>Failure to attend to a child's physical needs and other physically damaging acts, excluding reasonable acts to protect the child from imminent danger;</text> </paragraph> <paragraph num="(c)"> <text>Subjecting a child to verbal abuse intended to cause mental distress, such as shouting, cursing, shaming, threatening, or ridiculing; and</text> </paragraph> <paragraph num="(d)"> <text>Utilizing discipline methods that are considered inappropriate by child care professionals and create undue discomfort, such as, but not limited to, washing a child's mouth with soap, putting pepper or other spicy or distasteful items in a child's mouth, requiring a child to stand on one foot as punishment, or tying a child to a cot or other equipment.</text> </paragraph> </paragraph> <paragraph num="(20-1)"> <text>“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“Mental injury” means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.</text> </paragraph> <paragraph num="(22)"> <text>“Neglect” means leaving a child unattended or otherwise failing to give proper care and attention to a child by the child's parents, guardian, or custodian under circumstances that indicate that the child's health or welfare is significantly harmed or placed at risk of significant harm.</text> </paragraph> <paragraph num="(23)"> <text>“Office” means the central office or a regional office of the Agency.</text> </paragraph> <paragraph num="(24)"> <text>Overnight Care.</text> <paragraph num="(a)"> <text>“Overnight care” means family child care that is provided between the hours of 12 a.m. and 6 a.m.</text> </paragraph> <paragraph num="(b)"> <text>“Overnight care” does not include family child care provided to a child enrolled for care during daytime or evening hours who, because of the parent's schedule, must remain at the family child care home for up to 1/2 hour after 12 a.m. or arrive up to 1/2 hour before 6 a.m.</text> </paragraph> </paragraph> <paragraph num="(25)"> <text>“Parent” means the biological or adoptive parent, or the legal guardian or custodian of a child, who enrolls the child in care.</text> </paragraph> <paragraph num="(26)"> <text>Potentially Hazardous Food.</text> <paragraph num="(a)"> <text>“Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients capable of supporting rapid and progressive growth of infectious, toxigenic microorganisms.</text> </paragraph> <paragraph num="(b)"> <text>“Potentially hazardous food” does not include clean, whole, uncracked, odor-free shell eggs.</text> </paragraph> </paragraph> <paragraph num="(27)"> <text>“Professional development plan” means the written instrument for tracking continued training that is:</text> <paragraph num="(a)"> <text>Distributed by the office to a provider; and</text> </paragraph> <paragraph num="(b)"> <text>To be completed annually by the provider.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“Provider” means the individual or individuals to whom a family child care certificate of registration is issued under this subtitle.</text> </paragraph> <paragraph num="(29)"> <text>Relative.</text> <paragraph num="(a)"> <text>“Relative” means an individual related to a child by blood, marriage, or adoption.</text> </paragraph> <paragraph num="(b)"> <text>“Relative” includes a parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, first or second cousin, great grandparent, great uncle, or great aunt.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Resident” means a person who lives in the family child care home.</text> </paragraph> <paragraph num="(31)"> <text>“Sanction” means an enforcement action under this subtitle.</text> </paragraph> <paragraph num="(32)"> <text>“Substitute” means an adult who is responsible for the operation of a family child care home when the provider is absent.</text> </paragraph> <paragraph num="(33)"> <text>“Successfully passed” means, when used in connection with a criminal background check or a review of records of abuse and neglect of children or adults conducted on an individual, that the individual:</text> <paragraph num="(a)"> <text>Has not received a conviction, a probation before judgment disposition, or a not criminally responsible disposition, or does not have a pending charge for the commission or attempted commission of a crime that:</text> <paragraph num="(i)"> <text>Is listed at COMAR 13A.15.02.07B(1)—(11); or</text> </paragraph> <paragraph num="(ii)"> <text>Indicates other behavior harmful to children; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Has not been identified as responsible for the abuse or neglect of a child or an adult.</text> </paragraph> </paragraph> <paragraph num="(34)"> <text>“Superintendent” means the State Superintendent of Schools or the Superintendent's designee.</text> </paragraph> <paragraph num="(35)"> <text>“Treatment foster care” means a 24-hour substitute care program, operated by a licensed child placement agency or local department of social services, for children with a serious emotional, behavioral, medical, or psychological condition.</text> </paragraph> <paragraph num="(35-1)"> <text>“Vaping” means using a device that can deliver aerosolized or vaporized products, including but not limited to nicotine and cannabis, to an individual inhaling from the device.</text> </paragraph> <paragraph num="(36)"> <text>Volunteer.</text> <paragraph num="(a)"> <text>“Volunteer” means an individual who:</text> <paragraph num="(i)"> <text>Is 13 years old or older;</text> </paragraph> <paragraph num="(ii)"> <text>Works in or for the family child care program but is not a compensated employee of the provider; and</text> </paragraph> <paragraph num="(iii)"> <text>Is not enrolled as a child in care at the family child care home.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Volunteer” does not mean an additional adult or a substitute.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 618); June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 12); April 18, 2022 (49:7 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="02" heading="Registration Application and Maintenance"> <regulation prefix="Regulation" num=".01" heading="Registration — General Requirements."> <paragraph num="A."> <text>Requirement to Be Registered.</text> <paragraph num="(1)"> <text>Except as provided under §A(2) of this regulation, an individual may not operate a family child care home unless:</text> <paragraph num="(a)"> <text>Both the individual and the home meet the requirements for registration set forth in this subtitle; and</text> </paragraph> <paragraph num="(b)"> <text>The individual possesses a valid certificate of registration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A family child care home is not required to be registered if the provider:</text> <paragraph num="(a)"> <text>Is a relative of each child;</text> </paragraph> <paragraph num="(b)"> <text>Is a friend of each child's parent or legal guardian and the care is provided on a nonregular basis of less than 20 hours a month; or</text> </paragraph> <paragraph num="(c)"> <text>Has received the care of the child from a child placement agency licensed by the Department of Human Services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In this subtitle, all requirements pertaining to a family child care provider shall apply equally to a family child care coprovider, except that the coprovider is not required to reside in the family child care home.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Types of Registration. The office may issue:</text> <paragraph num="(1)"> <text>An initial registration, which may be issued on a provisional basis pursuant to Regulation .04A of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>A continuing registration, which may be:</text> <paragraph num="(a)"> <text>Issued on a provisional basis under Regulation .04A of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>Placed on a conditional status under Regulation .04B of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A certificate of registration:</text> <paragraph num="(1)"> <text>May not be transferred to another individual or residence; and</text> </paragraph> <paragraph num="(2)"> <text>Remains the property of the office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The provider shall display conspicuously the certificate of registration in a location where it can easily be seen and read by parents whose children are in the provider's care or who are considering placing their children in the provider's care.</text> </paragraph> <paragraph num="E."> <text>The provider shall surrender the certificate of registration to the office immediately when any of the following occurs or becomes effective:</text> <paragraph num="(1)"> <text>The provider closes the family child care home permanently;</text> </paragraph> <paragraph num="(2)"> <text>The registration becomes invalid pursuant to §H(2) of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>The registration is revoked;</text> </paragraph> <paragraph num="(4)"> <text>The registration is suspended; or</text> </paragraph> <paragraph num="(5)"> <text>The initial registration expires, and:</text> <paragraph num="(a)"> <text>The application for an initial or a continuing registration is denied; or</text> </paragraph> <paragraph num="(b)"> <text>The provider has not applied for a continuing registration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Except as provided under §G of this regulation, a residence approved for use under a family child care registration may not also be used to operate a:</text> <paragraph num="(1)"> <text>Family child care program under a different registration; or</text> </paragraph> <paragraph num="(2)"> <text>Child care program that is subject to the requirements of COMAR 13A.16, 13A.17, or 13A.18.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A residence approved by the office before July 1, 2008, for the concurrent operation of more than one family child care program or more than one type of child care program may continue to be used to operate those programs, except that, while concurrent approvals are in effect, the office may not approve a request by the provider for:</text> <paragraph num="(1)"> <text>An increase in child capacity;</text> </paragraph> <paragraph num="(2)"> <text>A change in the hours of operation;</text> </paragraph> <paragraph num="(3)"> <text>A change in the ages of children served;</text> </paragraph> <paragraph num="(4)"> <text>A change in the approved child care area; or</text> </paragraph> <paragraph num="(5)"> <text>A variance to a regulation under this subtitle.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Residence of Applicant or Provider.</text> <paragraph num="(1)"> <text>Unless currently approved for the purpose, the office may not approve a residence for use as a child care home that is not the primary residence of the family child care registration applicant.</text> </paragraph> <paragraph num="(2)"> <text>A family child care home registration is subject to revocation if the home is no longer the primary residence of the provider.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Initial Registration."> <paragraph num="A."> <text>An application for initial registration shall be filed with the office by an individual who wishes to operate a registered family child care home and who:</text> <paragraph num="(1)"> <text>Is not currently a registered family child care provider; and</text> </paragraph> <paragraph num="(2)"> <text>Has not been registered as a provider for at least 6 months before the date of application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as set forth at §C of this regulation, an applicant for an initial registration shall:</text> <paragraph num="(1)"> <text>Complete an orientation to family child care regulations that is offered or approved by the office;</text> </paragraph> <paragraph num="(2)"> <text>Submit a completed application form, supplied by the office, for initial registration;</text> </paragraph> <paragraph num="(3)"> <text>Submit a medical evaluation for the applicant and each resident in the home that:</text> <paragraph num="(a)"> <text>Was completed within 12 months before the date of application for registration;</text> </paragraph> <paragraph num="(b)"> <text>Was conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant;</text> </paragraph> <paragraph num="(c)"> <text>Includes verification that the individual:</text> <paragraph num="(i)"> <text>Is free of communicable tuberculosis, if indicated; and</text> </paragraph> <paragraph num="(ii)"> <text>If the applicant is capable of performing the duties of the position; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Is signed or verified by the individual who conducted the evaluation;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant;</text> </paragraph> <paragraph num="(5)"> <text>Apply for a federal and State criminal background check at a designated office in the State;</text> </paragraph> <paragraph num="(6)"> <text>Ensure that an application for a federal and State criminal background check is made at a designated office in the State by each:</text> <paragraph num="(a)"> <text>Resident in the home who is 18 years old or older;</text> </paragraph> <paragraph num="(b)"> <text>Individual to serve as the provider’s substitute; and</text> </paragraph> <paragraph num="(c)"> <text>Employee or volunteer of the family child care home who is 18 years old or older;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Submit a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about:</text> <paragraph num="(a)"> <text>The applicant;</text> </paragraph> <paragraph num="(b)"> <text>Each resident in the home who is 18 years old or older;</text> </paragraph> <paragraph num="(c)"> <text>Each individual designated as a substitute;</text> </paragraph> <paragraph num="(d)"> <text>If applicable, an additional adult; and</text> </paragraph> <paragraph num="(e)"> <text>If required by the office, any other individual with regular access to the child care area during the approved hours of operation;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>As applicable, submit documentation that:</text> <paragraph num="(a)"> <text>The home meets State and local fire, health, and zoning requirements; and</text> </paragraph> <paragraph num="(b)"> <text>If the home is located in a condominium or residence which requires homeowners' association membership, the applicant has homeowner's liability insurance coverage as required by Maryland law;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Submit documentation that the applicable training requirements specified in COMAR 13A.15.06.02 have been met;</text> </paragraph> <paragraph num="(10)"> <text>Submit documentation showing that the home has met all applicable lead-safe environment requirements set forth in COMAR 13A.15.05.02; and</text> </paragraph> <paragraph num="(11)"> <text>If the family child care home is located in an apartment or at another property that is rented or leased by the applicant, submit written authorization from the lessor, owner, or landlord permitting child care to be provided at that location.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §B(4) or (5) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:</text> <paragraph num="(1)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(2)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If, within 6 months after the applicant submits a completed application form, the office has not received documentation that all applicable requirements of §B of this regulation have been met, the office may consider the application void.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Continuing Registration."> <paragraph num="A."> <text>Application for Continuing Registration. To obtain a continuing registration, a provider shall submit to the office before expiration of the initial registration:</text> <paragraph num="(1)"> <text>A completed request, on a form supplied by the office, for continued registration;</text> </paragraph> <paragraph num="(2)"> <text>Documentation that the continued training requirements and the first aid and CPR certification requirements set forth in COMAR 13A.15.06.02B—D have been met;</text> </paragraph> <paragraph num="(3)"> <text>A medical evaluation that meets the requirements of Regulation .02B(3) of this chapter for:</text> <paragraph num="(a)"> <text>The provider;</text> </paragraph> <paragraph num="(b)"> <text>Each resident in the home who has child care responsibilities; and</text> </paragraph> <paragraph num="(c)"> <text>If applicable, the additional adult;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A completed and notarized release of information form that permits the office to examine records of abuse and neglect of children and adults for:</text> <paragraph num="(a)"> <text>The provider;</text> </paragraph> <paragraph num="(b)"> <text>Each provider substitute;</text> </paragraph> <paragraph num="(c)"> <text>Each resident in the home who is 18 years old or older;</text> </paragraph> <paragraph num="(d)"> <text>If applicable, the:</text> <paragraph num="(i)"> <text>Additional adult; and</text> </paragraph> <paragraph num="(ii)"> <text>Additional adult's substitute; and</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>If required by the office, any other individual with regular access to the child care area during the approved hours of operation, including volunteers.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Documentation that the family child care home has passed the most recent fire inspection required by the local fire authority having jurisdiction;</text> </paragraph> <paragraph num="(6)"> <text>If the family child care home is located in an apartment or at another property that is rented or leased by the applicant, written authorization from the lessor, owner, or landlord permitting the provider to continue providing child care in the home; and</text> </paragraph> <paragraph num="(7)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maintenance of Continuing Registration.</text> <paragraph num="(1)"> <text>By the end of each 12-month period after the date of issuance of a continuing registration, the provider shall submit to the office documentation that the continued training requirements set forth in COMAR 13A.15.06.02B and C have been met.</text> </paragraph> <paragraph num="(2)"> <text>By the end of each 24-month period after the date of issuance of a continuing registration, the provider shall submit to the office the items specified in §A(3)—(7) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Provisional and Conditional Status."> <paragraph num="A."> <text>Provisional Status.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.</text> </paragraph> <paragraph num="(2)"> <text>An initial registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02B(5) and (6) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.</text> </paragraph> <paragraph num="(3)"> <text>At the end of the provisional period, if all requirements for the initial or continuing registration are not met due to:</text> <paragraph num="(a)"> <text>Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for registration; or</text> </paragraph> <paragraph num="(b)"> <text>Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Conditional Status.</text> <paragraph num="(1)"> <text>If a provider who holds a continuing registration fails to remedy a violation as required, the office may place the registration on conditional status for:</text> <paragraph num="(a)"> <text>A period of up to 120 days; and</text> </paragraph> <paragraph num="(b)"> <text>Upon approval by the Agency's central office, an additional period of up to 120 days.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon placing a continuing registration on conditional status, the office shall issue to the provider a revised certificate of registration that states the:</text> <paragraph num="(a)"> <text>Placement of the registration on conditional status;</text> </paragraph> <paragraph num="(b)"> <text>Period of time of the conditional status; and</text> </paragraph> <paragraph num="(c)"> <text>Requirements for lifting the conditional status.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Immediately upon receipt of the revised certificate of registration, the provider shall:</text> <paragraph num="(a)"> <text>Remove from display in the home the certificate of continuing registration that was originally issued; and</text> </paragraph> <paragraph num="(b)"> <text>Display the revised certificate as required by Regulation .01D of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the provider satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:</text> <paragraph num="(a)"> <text>Discontinue the conditional status; and</text> </paragraph> <paragraph num="(b)"> <text>Notify the provider to redisplay the original certificate of continuing registration.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the provider fails to satisfy all requirements for lifting the conditional status within the specified period of time, the office may suspend or revoke the continuing registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Resumption of Service."> <paragraph num="A."> <text>An application to resume service shall be filed by:</text> <paragraph num="(1)"> <text>A registered provider who wishes to provide family child care at an address different from that specified on the current certificate of registration; or</text> </paragraph> <paragraph num="(2)"> <text>An individual who was previously registered by the office as a provider and who wishes to reregister, if the last effective date of the previous registration is within 6 months of the application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The application to resume service shall meet all initial registration application requirements, except that:</text> <paragraph num="(1)"> <text>An abbreviated application form supplied by the office shall be used; and</text> </paragraph> <paragraph num="(2)"> <text>The office may accept as applicable to the new application the:</text> <paragraph num="(a)"> <text>Individual's original completion of the orientation process under Regulation .02B(1) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Original medical reports submitted for the applicant and each resident in the home who will have child care responsibilities if the reports are based on medical evaluations completed within 12 months of the new application;</text> </paragraph> <paragraph num="(c)"> <text>Results of the original criminal background checks conducted under Regulation .02B(4) and (5) of this chapter, if the new location is within the office's same licensing jurisdiction;</text> </paragraph> <paragraph num="(d)"> <text>Results of the original child and adult abuse and neglect clearances conducted under Regulation .02B(6) of this chapter, if the clearances were completed within 12 months of the application; and</text> </paragraph> <paragraph num="(e)"> <text>Individual’s original completion of:</text> <paragraph num="(i)"> <text>Preservice training requirements specified at COMAR 13A.15.06.02A; and</text> </paragraph> <paragraph num="(ii)"> <text>If applicable, approved continued training requirements specified at COMAR 13A.15.06.02B.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response of the Office to Application."> <paragraph num="A."> <text>Upon receiving the completed application and all required documentation, whether for an initial registration or a continuing registration, the office shall determine compliance with the requirements of this subtitle by:</text> <paragraph num="(1)"> <text>Evaluating the application and required documentation;</text> </paragraph> <paragraph num="(2)"> <text>Interviewing the applicant;</text> </paragraph> <paragraph num="(3)"> <text>Inspecting the home proposed for use as a family child care home;</text> </paragraph> <paragraph num="(4)"> <text>Evaluating the information provided by State and federal criminal background investigations; and</text> </paragraph> <paragraph num="(5)"> <text>Evaluating the information provided from records of child and adult abuse and neglect.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon completing the procedures in §A of this regulation, the office shall, within 30 days:</text> <paragraph num="(1)"> <text>Issue a certificate of registration to operate the family child care home in accordance with the provisions of this subtitle if:</text> <paragraph num="(a)"> <text>The application is complete;</text> </paragraph> <paragraph num="(b)"> <text>All required documentation has been received; and</text> </paragraph> <paragraph num="(c)"> <text>The office is satisfied that the applicant and the home meet the requirements of this subtitle;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Deny the certificate of registration if the office determines that the applicant or the home does not meet the requirements of this subtitle; or</text> </paragraph> <paragraph num="(3)"> <text>Issue a provisional certificate of registration in accordance with Regulation .04A of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Denial of a Registration Application."> <paragraph num="A."> <text>The office may deny a certificate of registration if:</text> <paragraph num="(1)"> <text>The applicant, a resident, any substitute, or the home in which child care is to be provided fails to meet the requirements of this subtitle;</text> </paragraph> <paragraph num="(2)"> <text>An evaluation of the application or documents required by the office reveals that the applicant reported false information;</text> </paragraph> <paragraph num="(3)"> <text>The applicant has a documented history of serious or repeated regulatory violations of this subtitle or other regulations of any state concerning the care of children or adults that demonstrates an inability to provide for the health or safety of children;</text> </paragraph> <paragraph num="(4)"> <text>The applicant has had a certificate of registration, a child care center license, or a letter of compliance denied or revoked before the date on the registration application, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;</text> </paragraph> <paragraph num="(5)"> <text>The applicant prevents the office from completing its responsibilities for registration;</text> </paragraph> <paragraph num="(6)"> <text>Upon evaluating the physical condition of the home and surrounding premises, the office finds conditions that are unsafe or unhealthy;</text> </paragraph> <paragraph num="(7)"> <text>An evaluation of the medical report or other information about the applicant, a coprovider, or a resident indicates that the:</text> <paragraph num="(a)"> <text>Physical or mental health of the applicant, coprovider, or resident may pose a risk to children;</text> </paragraph> <paragraph num="(b)"> <text>Applicant or coprovider is unable to care for children; or</text> </paragraph> <paragraph num="(c)"> <text>Applicant submitted false or altered medical documentation for the applicant, resident, coprovider, or additional adult for consideration by the office;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>In addition to the requirements set forth at §B of this regulation, an evaluation of the criminal record of the applicant, a coprovider, an additional adult, a substitute, a volunteer, or a resident in the home reveals that the individual has a criminal conviction, probation before judgment disposition, or not criminally responsible disposition, or is awaiting a hearing for a criminal charge that indicates other behavior harmful to children;</text> </paragraph> <paragraph num="(9)"> <text>An evaluation of the information provided in records of abuse and neglect of children and adults reveals that the applicant, a coprovider, an additional adult, a substitute, a volunteer, or a resident is identified as responsible for abuse or neglect of children or adults, or is currently under investigation for alleged acts of abuse or neglect of children or adults;</text> </paragraph> <paragraph num="(10)"> <text>Based on an interview with the applicant or an evaluation of other pertinent information, the office finds evidence that raises reasonable doubt that the applicant can provide for the welfare of children in care; or</text> </paragraph> <paragraph num="(11)"> <text>The applicant is:</text> <paragraph num="(a)"> <text>Providing treatment foster care to a child in other than a preadoptive capacity; and</text> </paragraph> <paragraph num="(b)"> <text>Filing an application for initial registration as a family child care provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The office shall deny a certificate of registration if an applicant or resident has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(1)"> <text>A crime involving:</text> <paragraph num="(a)"> <text>A child;</text> </paragraph> <paragraph num="(b)"> <text>Cruelty to animals;</text> </paragraph> <paragraph num="(c)"> <text>Domestic violence of an intimate partner or spouse; or</text> </paragraph> <paragraph num="(d)"> <text>A weapons or firearms violation of federal or state laws;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A violent crime classified as a felony, including physical assault or battery;</text> </paragraph> <paragraph num="(4)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(5)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(6)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(7)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(8)"> <text>Perjury;</text> </paragraph> <paragraph num="(9)"> <text>Pornography;</text> </paragraph> <paragraph num="(10)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; or</text> </paragraph> <paragraph num="(11)"> <text>Reckless endangerment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall deny a certificate of registration if an applicant or resident has received at any time a felony conviction for:</text> <paragraph num="(1)"> <text>Murder;</text> </paragraph> <paragraph num="(2)"> <text>Spousal abuse; or</text> </paragraph> <paragraph num="(3)"> <text>Arson.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The office shall deny a certificate of registration upon notification that the applicant is in noncompliance with Child Support Enforcement requirements pursuant to Family Article Law, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>If the office denies an application, the office shall notify the applicant in writing of the denial stating:</text> <paragraph num="(1)"> <text>The reason for denial;</text> </paragraph> <paragraph num="(2)"> <text>The specific regulation with which the applicant has failed to comply that is the basis for the denial;</text> </paragraph> <paragraph num="(3)"> <text>That the applicant is entitled to a fair hearing; and</text> </paragraph> <paragraph num="(4)"> <text>The procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If an evaluation of criminal records or records of abuse and neglect of children or adults reveals that a coprovider, substitute, volunteer, or additional adult designated by the applicant may pose a risk to children in care, the office, instead of denying the registration certificate, may require the provider to designate another coprovider, substitute, volunteer, or additional adult.</text> </paragraph> <paragraph num="G."> <text>Denial Before Complete Application.</text> <paragraph num="(1)"> <text>The office may deny an application for registration at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A, B, C, or D of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Voluntary Surrender of Registration."> <paragraph num="A."> <text>A provider may voluntarily surrender a family child care registration at any time by notifying the office in writing.</text> </paragraph> <paragraph num="B."> <text>If a registration is surrendered under §A of this regulation:</text> <paragraph num="(1)"> <text>The office shall note in the family child care provider's file that the registration has been voluntarily surrendered; and</text> </paragraph> <paragraph num="(2)"> <text>The provider shall return the surrendered certificate of registration to the office.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, E amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01H adopted effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 20, 2015 (42:14 Md. R. 882); November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B, C amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, C amended effective April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="03" heading="Management and Administration"> <regulation prefix="Regulation" num=".01" heading="Advertisement."> <paragraph num="A."> <text>An individual may not advertise a family child care service unless the individual holds a current certificate of registration issued by the office.</text> </paragraph> <paragraph num="B."> <text>An advertisement of the family child care service by a provider shall:</text> <paragraph num="(1)"> <text>Specify that the family child care home is registered; and</text> </paragraph> <paragraph num="(2)"> <text>Include the registration number issued to the home by the office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Admission to Care."> <paragraph num="A."> <text>The provider may not admit a child to the home for child care or allow a child to remain in care unless the provider has received:</text> <paragraph num="(1)"> <text>An emergency form for the child as required in Regulation .04A(1) of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the child is temporarily admitted or retained pursuant to §D of this regulation:</text> <paragraph num="(a)"> <text>A written report of a health assessment of the child on a form supplied or approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>Evidence, on a form supplied or approved by the office, that the child has had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If a child is younger than 6 years old at the time of admission to the home, the provider may not allow the child to remain in care at the home if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the provider on a form supplied or approved by the office that the child has received an appropriate lead screening or test.</text> </paragraph> <paragraph num="C."> <text>A family child care provider who also provides treatment foster care in the home may not admit a child for treatment foster care in the home unless the child is being placed in the home in a preadoptive capacity.</text> </paragraph> <paragraph num="D."> <text>Temporary Admission.</text> <paragraph num="(1)"> <text>A provider may temporarily admit or retain a child in care if the child’s parent or guardian is unable to provide documentation of immunization as required in §A(2)(b) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>For a child to be temporarily admitted or retained in care, the parent or guardian shall present evidence of the child’s appointment with a health care provider or local health department to:</text> <paragraph num="(a)"> <text>Receive a medical evaluation to include, if applicable, a lead screening or test;</text> </paragraph> <paragraph num="(b)"> <text>Receive a required immunization;</text> </paragraph> <paragraph num="(c)"> <text>Acquire evidence of age-appropriate immunizations on a form approved by the office; or</text> </paragraph> <paragraph num="(d)"> <text>Reconstruct a lost record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The date of appointment, set pursuant to §D(2) of this regulation, may not be later than 20 calendar days following the date the child was temporarily admitted or retained in care.</text> </paragraph> <paragraph num="(4)"> <text>A provider shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide the documentation required by §A(2) of this regulation within 3 business days after the date of the appointment made pursuant to §D(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Records."> <text>The provider or substitute shall:</text> <paragraph num="A."> <text>Negotiate and maintain a written agreement with the child's parent that specifies:</text> <paragraph num="(1)"> <text>The fees for and provision of care;</text> </paragraph> <paragraph num="(2)"> <text>The provider's child discipline policy;</text> </paragraph> <paragraph num="(3)"> <text>The presence at the home of any pet animals;</text> </paragraph> <paragraph num="(4)"> <text>If applicable, the use of volunteers in the family child care program; and</text> </paragraph> <paragraph num="(5)"> <text>If overnight care is to be provided to the child, the sleeping arrangements approved by the parent;</text> </paragraph> </paragraph> <paragraph num="B."> <text>For each child enrolled in care, maintain a written record of each day's attendance in care that is verified by the child's parent;</text> </paragraph> <paragraph num="C."> <text>Maintain a record of each day on which a substitute provides care;</text> </paragraph> <paragraph num="D."> <text>If applicable, maintain a record of each volunteer in the family child care program that includes:</text> <paragraph num="(1)"> <text>The date on which the volunteer received the child health and safety orientation required in COMAR 13A.15.06.05A(2); and</text> </paragraph> <paragraph num="(2)"> <text>If a volunteer is present at the home:</text> <paragraph num="(a)"> <text>A brief statement of the volunteer's duties; and</text> </paragraph> <paragraph num="(b)"> <text>And if present more than once per week, a medical evaluation of the volunteer that was completed within 12 months before the start of the volunteer’s duties;</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Document that, on or before the date of a child’s admission to care, the child’s parent was given, or was advised how to obtain, information that is supplied by the office concerning:</text> <paragraph num="(1)"> <text>Consumer education on child care; and</text> </paragraph> <paragraph num="(2)"> <text>How to file a complaint with the office against a child care provider;</text> </paragraph> </paragraph> <paragraph num="F."> <text>Record the date and time of each fire evacuation drill and emergency and disaster drill required by this subtitle;</text> </paragraph> <paragraph num="G."> <text>Document that the health and safety training, specified at COMAR 13A.15.06.02A(4) and B(1), was completed by the end of each 12-month period, measured from the date of initial registration; and</text> </paragraph> <paragraph num="H."> <text>Document that, at least once each calendar year, the parent of each child under the age of 3 years was given:</text> <paragraph num="(1)"> <text>Information about the Maryland Infant and Toddlers Program; and</text> </paragraph> <paragraph num="(2)"> <text>Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Maintain each document and record required by this regulation for at least 2 years after its creation.</text> </paragraph> <paragraph num="J."> <text>The provider may provide the information required under §H of this regulation by:</text> <paragraph num="(1)"> <text>A personal message to the parent, including an e-mail;</text> </paragraph> <paragraph num="(2)"> <text>A document for which the parent acknowledges receipt; or</text> </paragraph> <paragraph num="(3)"> <text>A text message.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Records."> <paragraph num="A."> <text>The provider shall:</text> <paragraph num="(1)"> <text>Maintain emergency information for each child on a form supplied or approved by the office;</text> </paragraph> <paragraph num="(2)"> <text>Keep the emergency forms for the children who currently are in the provider's care in a readily accessible location, including taking the forms when taking the children away from the home; and</text> </paragraph> <paragraph num="(3)"> <text>Arrange to have the form for each child updated as needed, but at least annually, and signed and dated by the parent.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Before the provider or substitute permits a child to:</text> <paragraph num="(1)"> <text>Swim or wade, the provider shall obtain written approval from the child's parent on a form supplied or approved by the office;</text> </paragraph> <paragraph num="(2)"> <text>Travel to or from school or a school transportation site without adult supervision, the child's parent and the provider shall agree in writing that the child can travel safely without adult supervision;</text> </paragraph> <paragraph num="(3)"> <text>Be transported in a vehicle by the provider or substitute, the provider shall obtain written permission from the child's parent to transport the child;</text> </paragraph> <paragraph num="(4)"> <text>Participate in an activity out of the home that is supervised by the provider or substitute, the provider shall obtain written approval from the child's parent on a form supplied or approved by the office;</text> </paragraph> <paragraph num="(5)"> <text>Participate in a supervised activity out of the home without the provider or substitute, the provider shall obtain written permission from the child's parent for the child's participation; or</text> </paragraph> <paragraph num="(6)"> <text>Participate in a service or activity conducted on the premises of the family child care home by an independent contractor, the provider shall obtain from the child's parent written permission for the child's participation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>During the period of a child's enrollment and for 2 years after the child's disenrollment, a provider shall maintain a file for each child that includes records of:</text> <paragraph num="(1)"> <text>The name, current address, and home and work telephone numbers of the parent;</text> </paragraph> <paragraph num="(2)"> <text>The child’s health assessment, immunizations, and allergies, if any, to include:</text> <paragraph num="(a)"> <text>As required by COMAR 10.11.04, evidence that the child has received:</text> <paragraph num="(i)"> <text>An appropriate lead screening, if the child is younger than 6 years old and was born before January 1, 2015; or</text> </paragraph> <paragraph num="(ii)"> <text>A lead test when the child is 12 months old and again when the child is 24 months old, regardless of where the child resides, if the child was born on or after January 1, 2015; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the child is enrolled in school, parental permission for the school to release the child's health information to the provider;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Acute illnesses that required excluding the child from care under COMAR 13A.15.11.02B;</text> </paragraph> <paragraph num="(4)"> <text>An injury or accident that is required by Regulation .05B of this chapter to be reported;</text> </paragraph> <paragraph num="(5)"> <text>Child medication records as required by COMAR 13A.15.11.04; and</text> </paragraph> <paragraph num="(6)"> <text>Written information concerning the child's individual needs that is supplied by the child's parent at or before the child's admission to care and is:</text> <paragraph num="(a)"> <text>Used by the provider to meet the child's individual care needs; and</text> </paragraph> <paragraph num="(b)"> <text>Reviewed by the provider and the parent at least every 12 months after the child's admission to care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly from another registered family child care home, a licensed child care center, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §C(2) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notifications."> <text>The provider or substitute shall:</text> <paragraph num="A."> <text>Within 24 hours of its occurrence, notify the office of:</text> <paragraph num="(1)"> <text>The death of a child, if the child died:</text> <paragraph num="(a)"> <text>While in the care of the provider or substitute; or</text> </paragraph> <paragraph num="(b)"> <text>Of a contagious disease; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Any injury to a child that occurs while the child is at the family child care home in the care of the provider or substitute that results in:</text> <paragraph num="(a)"> <text>The child being treated by a medical professional;</text> </paragraph> <paragraph num="(b)"> <text>The child being admitted to a hospital; or</text> </paragraph> <paragraph num="(c)"> <text>The death of the child;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If a child has an injury or accident while in attendance:</text> <paragraph num="(1)"> <text>Report immediately to the child's parent any serious injury or accident; and</text> </paragraph> <paragraph num="(2)"> <text>Report any nonserious injury or accident to the child's parent on the same day it occurs;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notify the office immediately of any change that might affect the status of the registration, such as:</text> <paragraph num="(1)"> <text>A change in residents, operation, telephone number, or the provider's residence;</text> </paragraph> <paragraph num="(2)"> <text>A pending criminal charge against:</text> <paragraph num="(a)"> <text>An individual who has responsibilities for supervising children in care; or</text> </paragraph> <paragraph num="(b)"> <text>A resident in the home; or</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Any other situation involving the home that may present a risk to the health, safety, or welfare of children in care there, including, but not limited to, a report of domestic violence or the issuance of a protective order involving the provider or a resident in the home;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Within 5 working days after an existing resident becomes 18 years old, or after there is a new resident in the home who is 18 years old or older:</text> <paragraph num="(1)"> <text>Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about the resident pursuant to COMAR 13A.15.02.02B(6); and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that the resident applies for a federal and State criminal background check pursuant to COMAR 13A.15.02.02B(5) and C;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Within 15 working days after notifying the office of a new resident, submit to the office:</text> <paragraph num="(1)"> <text>A medical report on the resident, on a form supplied or approved by the office, that is based on a medical evaluation completed within the previous 12 months; or</text> </paragraph> <paragraph num="(2)"> <text>Evidence that a medical evaluation of the resident has been scheduled;</text> </paragraph> </paragraph> <paragraph num="F."> <text>When the provider plans a temporary absence of more than 2 hours, notify the parents of the children in care in advance that a substitute will be caring for the children during the provider’s absence; and</text> </paragraph> <paragraph num="G."> <text>Within 10 business days of receiving notice of a contaminated drinking water supply, send a written notice of the drinking water contamination to the parent or legal guardian of each child enrolled that:</text> <paragraph num="(1)"> <text>Identifies the contaminants and their levels; and</text> </paragraph> <paragraph num="(2)"> <text>Describes how the provider will furnish uncontaminated drinking water for children in care until the original water supply is determined by the appropriate authority to be safe for consumption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Variances."> <paragraph num="A."> <text>The office may not:</text> <paragraph num="(1)"> <text>Waive a regulation; or</text> </paragraph> <paragraph num="(2)"> <text>Grant a variance that diminishes safeguards to a child's health, safety, or well-being.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may grant a variance:</text> <paragraph num="(1)"> <text>If the provider presents clear and convincing evidence that a regulation is met by an alternative that complies with the intent of the regulation for which the variance is sought; and</text> </paragraph> <paragraph num="(2)"> <text>For a limited period of time as specified by the office or for as long as the certificate remains in effect and the provider continues to comply with the terms of the variance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 30 calendar days of receiving a completed request for a variance, the office shall notify the provider that the variance has been granted or denied.</text> </paragraph> <paragraph num="D."> <text>If a variance request is denied by a regional office of the Agency:</text> <paragraph num="(1)"> <text>The provider may appeal the denial to the Agency's central office; and</text> </paragraph> <paragraph num="(2)"> <text>The Agency's central office has the final determination of whether or not a variance is granted.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5- 115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03H, J adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03I recodified from H effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A-1 adopted effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> </annotations> </chapter> <chapter num="04" heading="Operational Requirements"> <regulation prefix="Regulation" num=".01" heading="Hours of Care."> <paragraph num="A."> <text>The provider may not permit a child to remain in care for more than 14 hours in any 24-hour period on a regular basis without prior approval from the office.</text> </paragraph> <paragraph num="B."> <text>A provider may not offer overnight care without prior written approval from the office.</text> </paragraph> <paragraph num="C."> <text>A provider who wishes to provide overnight care shall:</text> <paragraph num="(1)"> <text>Submit to the office a written plan of operation that includes:</text> <paragraph num="(a)"> <text>The number and ages of children to be served;</text> </paragraph> <paragraph num="(b)"> <text>A meal and snack schedule;</text> </paragraph> <paragraph num="(c)"> <text>The name of the overnight care substitute, if different from the daytime care substitute;</text> </paragraph> <paragraph num="(d)"> <text>A child supervision plan;</text> </paragraph> <paragraph num="(e)"> <text>A bedtime routine; and</text> </paragraph> <paragraph num="(f)"> <text>An evacuation plan for each room where a child in care will sleep; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Obtain the written approval of each child's parent for the child's sleeping arrangements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Age Group Enrollment."> <text>A provider may enroll a child for care at the home only if the child's age group is approved for care, as indicated on the provider's current certificate of registration.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Child Capacity."> <paragraph num="A."> <text>The number of children present in care at any one time may not exceed the child capacity number stated on the certificate of registration.</text> </paragraph> <paragraph num="B."> <text>Care may not be provided at any one time to more than two children younger than 2 years old unless approved by the office.</text> </paragraph> <paragraph num="C."> <text>Whenever more than two children younger than 2 years old are present in care, an additional adult shall be present who has met the applicable requirements of COMAR 13A.15.06.04.</text> </paragraph> <paragraph num="D."> <text>The maximum total capacity of a family child care home may not exceed eight children, of whom not more than four may be younger than 2 years old.</text> </paragraph> <paragraph num="E."> <text>The office:</text> <paragraph num="(1)"> <text>Shall count as a child in care a resident who is younger than 6 years old; and</text> </paragraph> <paragraph num="(2)"> <text>May count as a child in care a child who is visiting the home if the child:</text> <paragraph num="(a)"> <text>Is younger than 8 years old and unaccompanied by an adult; or</text> </paragraph> <paragraph num="(b)"> <text>Cannot be sent home immediately.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Restriction of Operations."> <paragraph num="A."> <text>Upon determining that any of the following is unsuitable for the home, the office may restrict or reduce the provider's approved:</text> <paragraph num="(1)"> <text>Hours of care;</text> </paragraph> <paragraph num="(2)"> <text>Child care age groups; or</text> </paragraph> <paragraph num="(3)"> <text>Child capacity.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may base a restriction or reduction under §A of this regulation on any of the following factors:</text> <paragraph num="(1)"> <text>Space available, indoors or outdoors;</text> </paragraph> <paragraph num="(2)"> <text>Equipment available;</text> </paragraph> <paragraph num="(3)"> <text>Number and ages of residents in the home;</text> </paragraph> <paragraph num="(4)"> <text>Responsibility of the provider to care for another individual who may require special attention or care, including, but not limited to, an elderly resident or a child with a serious physical, emotional, or behavioral condition;</text> </paragraph> <paragraph num="(5)"> <text>Applicable fire, zoning, health, environmental, or other codes;</text> </paragraph> <paragraph num="(6)"> <text>Failure by a provider approved for a capacity of up to four children younger than 2 years old to meet the infant-toddler training requirement specified at COMAR 13A.15.06.02E; or</text> </paragraph> <paragraph num="(7)"> <text>Other factors the office determines may cause a risk to a child's health, safety, or welfare.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A provider may appeal a restriction or reduction pursuant to §A of this regulation by filing a request for hearing:</text> <paragraph num="(1)"> <text>Not later than 20 calendar days after the notification of the office's action; or</text> </paragraph> <paragraph num="(2)"> <text>In the case of an emergency reduction in capacity, not later than 30 calendar days after the notification by the office of its decision to immediately reduce the number of children in care.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, C amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="05" heading="Home Environment and Equipment"> <regulation prefix="Regulation" num=".01" heading="Suitability of the Home."> <text>The home shall:</text> <paragraph num="A."> <text>Comply with all applicable State and local fire, zoning, health, safety, and environmental codes;</text> </paragraph> <paragraph num="B."> <text>Be in good repair;</text> </paragraph> <paragraph num="C."> <text>Be free of health or safety hazards, including infestation by insects and rodents;</text> </paragraph> <paragraph num="D."> <text>Have operable and safe utility services for lighting, heating, and cooking;</text> </paragraph> <paragraph num="E."> <text>Have hot and cold running water, with a hot water temperature that does not exceed 120° F;</text> </paragraph> <paragraph num="F."> <text>Have a toilet in good working condition that is readily accessible to children in care;</text> </paragraph> <paragraph num="G."> <text>Have an operable refrigerator and stove; and</text> </paragraph> <paragraph num="H."> <text>Have an operable telephone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Lead-Safe Environment."> <paragraph num="A."> <text>A provider may not use paint with lead content on any:</text> <paragraph num="(1)"> <text>Exterior or interior surface of the home; or</text> </paragraph> <paragraph num="(2)"> <text>Material or equipment used for child care purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the home is a residential rental property constructed before 1978, which is an affected property as defined in Environment Article, §6-801(b), Annotated Code of Maryland, the provider shall submit a copy of the current lead risk reduction or lead-free certificate.</text> </paragraph> <paragraph num="C."> <text>If the home was constructed before 1978 and not certified lead-free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the provider shall:</text> <paragraph num="(1)"> <text>Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the home that is used for child care;</text> </paragraph> <paragraph num="(2)"> <text>If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead-dust test:</text> <paragraph num="(a)"> <text>Conducted by an accredited visual inspector under COMAR 26.16.02.03B to meet the risk reduction standard, if the home is an affected property; or</text> </paragraph> <paragraph num="(b)"> <text>Conducted in areas used for child care by an accredited risk assessor under COMAR 26.16.05.11, if the home is not an affected property; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a lead-dust test is required under §C(2) of this regulation, obtain:</text> <paragraph num="(a)"> <text>A passing score on that test; and</text> </paragraph> <paragraph num="(b)"> <text>Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a home constructed before 1978 that is not certified lead-free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing a renovation that disturbs the painted surface of an interior or exterior area used for child care, the provider shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Cleanliness and Sanitation."> <paragraph num="A."> <text>All areas of the home, including food preparation, service, and storage areas shall be maintained in a state of cleanliness so as not to endanger the children's health.</text> </paragraph> <paragraph num="B."> <text>Paper towels, a trash receptacle, soap, and toilet paper shall be placed within reach of a child capable of using the toilet without assistance.</text> </paragraph> <paragraph num="C."> <text>Trash, garbage, and wet or soiled diapers shall be disposed of in a clean and sanitary manner.</text> </paragraph> <paragraph num="D."> <text>After toileting and diapering, before food preparation and eating, after playing outdoors, after handling animals, and at other times when necessary to prevent the spread of disease, the provider or substitute shall:</text> <paragraph num="(1)"> <text>Wash the provider's or substitute's hands thoroughly with soap and warm running water; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that a child's hands are washed thoroughly, by the provider or by the child, with soap and warm running water.</text> </paragraph> </paragraph> <paragraph num="E."> <text>To assist in preventing the spread of disease, the provider or substitute shall:</text> <paragraph num="(1)"> <text>Promptly change a child's diaper, clothing, and bedding when soiled or wet;</text> </paragraph> <paragraph num="(2)"> <text>Follow diapering procedures designed to prevent the transmission of disease, which are established and supplied by the office; and</text> </paragraph> <paragraph num="(3)"> <text>Maintain the surface used for diapering in a clean and sanitary manner.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If used, portable toilets, also known as potty-chairs, shall be:</text> <paragraph num="(1)"> <text>Placed on a nonabsorbent surface or mat;</text> </paragraph> <paragraph num="(2)"> <text>Located away from food preparation, food service, and eating areas; and</text> </paragraph> <paragraph num="(3)"> <text>Cleaned and sanitized after each use in accordance with procedures established by the office.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Rooms Used for Care."> <paragraph num="A."> <text>The provider may use an area of the home for child care only if it:</text> <paragraph num="(1)"> <text>Has been approved for use by the office;</text> </paragraph> <paragraph num="(2)"> <text>Meets the requirements of all applicable fire codes;</text> </paragraph> <paragraph num="(3)"> <text>Does not have a condition that may pose a risk to the health, safety, or welfare of the children in care;</text> </paragraph> <paragraph num="(4)"> <text>Has windows or artificial lighting that provides sufficient illumination for a child's activities;</text> </paragraph> <paragraph num="(5)"> <text>Has natural or mechanical ventilation to provide a healthy and comfortable environment;</text> </paragraph> <paragraph num="(6)"> <text>Has sufficient floor area for the number and ages of the children approved for care in the home to allow the children to engage in active play without overcrowding; and</text> </paragraph> <paragraph num="(7)"> <text>Has a room temperature of not less than 65°F.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In rooms where a child younger than 5 years old is in care, the provider shall arrange the home so that:</text> <paragraph num="(1)"> <text>All electrical sockets within reach of a child are plugged or capped;</text> </paragraph> <paragraph num="(2)"> <text>Suitable protective barriers are placed at locations accessible and potentially hazardous to children; and</text> </paragraph> <paragraph num="(3)"> <text>Child-proof devices are placed on cabinets and drawers that contain items potentially hazardous to children.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Window Coverings. A window covering installed:</text> <paragraph num="(1)"> <text>Before October 1, 2010, may not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or</text> </paragraph> <paragraph num="(2)"> <text>On or after October 1, 2010, shall be cordless.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In a home approved to provide care for infants or toddlers, the provider shall designate space for mothers to breastfeed or express breast milk that:</text> <paragraph num="(1)"> <text>Is not located in a bathroom;</text> </paragraph> <paragraph num="(2)"> <text>Has access to an electrical outlet;</text> </paragraph> <paragraph num="(3)"> <text>Has appropriate seating;</text> </paragraph> <paragraph num="(4)"> <text>Has access to running water; and</text> </paragraph> <paragraph num="(5)"> <text>Accommodates a mother’s need for privacy.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Outdoor Activity Area."> <paragraph num="A."> <text>There shall be ample, accessible space for outdoor activity that is free from conditions that may be dangerous to the health or safety of children in care.</text> </paragraph> <paragraph num="B."> <text>If required by the office, the outdoor activity area shall be enclosed to protect children in care from accessible hazards such as a heavily trafficked area, a body of water, or environmental hazards.</text> </paragraph> <paragraph num="C."> <text>Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:</text> <paragraph num="(1)"> <text>Fence that surrounds the pool at least 4 feet in height;</text> </paragraph> <paragraph num="(2)"> <text>Self-closing and self-latching mechanism on the gate, door, or access to the pool;</text> </paragraph> <paragraph num="(3)"> <text>Lock that is operable and secured; and</text> </paragraph> <paragraph num="(4)"> <text>Sensor or alarm in the pool and on the access door.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Rest Furnishings."> <paragraph num="A."> <text>The home shall have clean linen and adequate furnishings for rest periods that are comfortable, durable, safe, and appropriate for the ages of the children in care.</text> </paragraph> <paragraph num="B."> <text>Each child shall have an individual place to rest that is not used by any other child or resident unless the linens are changed between users.</text> </paragraph> <paragraph num="C."> <text>The provider shall furnish for each child approved for care in the home who is:</text> <paragraph num="(1)"> <text>Younger than 12 months old, a crib, portable crib, or playpen; or</text> </paragraph> <paragraph num="(2)"> <text>At least 12 months old and younger than 5 years old, a bed, cot, mat, or sleeping bag, except as provided in §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon request by the child's parent, the provider shall furnish a crib, portable crib, or playpen as the resting place of a child who is at least 12 months old and younger than 2 years old.</text> </paragraph> <paragraph num="E."> <text>Each crib, portable crib, and playpen that is used for child care shall meet the current standards of the U.S. Consumer Product Safety Commission.</text> </paragraph> <paragraph num="F."> <text>Each sleep surface used for a child under 12 months old shall be firm, flat, and non-inclined, unless the need for an incline is specified in writing by the child’s physician or other licensed health care provider.</text> </paragraph> <paragraph num="G."> <text>Soft bedding items, including but not limited to pillows, quilts, comforters, and crib bumpers, may not be used as rest furnishings for a child who uses a crib.</text> </paragraph> <paragraph num="H."> <text>Each child in overnight care, if provided, shall:</text> <paragraph num="(1)"> <text>Sleep in a separate bed or crib that is appropriate to the child's age, size, and needs; and</text> </paragraph> <paragraph num="(2)"> <text>Have separate clean linens and toiletries.</text> </paragraph> </paragraph> <paragraph num="I."> <text>A child under 12 months who falls asleep in a furnishing other than a crib shall be immediately moved to an approved sleeping arrangement specified at §C(1) of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01H amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C adopted effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06H adopted effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="06" heading="Provider Requirements"> <regulation prefix="Regulation" num=".01" heading="Minimum Age."> <text>To be approved as a family child care provider, an individual shall be 18 years old or older.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Training Requirements."> <paragraph num="A."> <text>Preservice Training. An individual who applies for an initial registration shall:</text> <paragraph num="(1)"> <text>Hold a current certificate indicating successful completion of training in approved:</text> <paragraph num="(a)"> <text>Basic first-aid through the American Red Cross, or a program with equivalent standards; and</text> </paragraph> <paragraph num="(b)"> <text>Cardiopulmonary resuscitation (CPR) through the American Heart Association, or a program with equivalent standards, appropriate for each age group approved for care in the home;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide documentation of having successfully completed:</text> <paragraph num="(a)"> <text>Within 2 years before the application for initial registration is filed, at least 24 clock hours of approved training that includes 4 clock hours in each of the six core of knowledge competencies;</text> </paragraph> <paragraph num="(b)"> <text>The 90 clock hour course, or its approved equivalent, that satisfies the preservice training requirement for a child care teacher or child care center director under COMAR 13A.16.06.05B(4), COMAR 13A.16.06.09A(3), or COMAR 13A.16.06.10B(1)(a), as applicable;</text> </paragraph> <paragraph num="(c)"> <text>Department of Defense training modules for child care providers;</text> </paragraph> <paragraph num="(d)"> <text>The Child Development Associate Credential issued by the Council for Professional Recognition;</text> </paragraph> <paragraph num="(e)"> <text>An associate's degree that includes at least 15 semester hours of early childhood education or elementary education course work;</text> </paragraph> <paragraph num="(f)"> <text>A bachelor's or higher degree in early childhood education, elementary education, or other discipline approved by the office; or</text> </paragraph> <paragraph num="(g)"> <text>Other course work approved by the office;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Complete approved training on emergency and disaster planning;</text> </paragraph> <paragraph num="(4)"> <text>Effective January 1, 2020, complete approved basic health and safety training within 90 days of initial registration; and</text> </paragraph> <paragraph num="(5)"> <text>Complete:</text> <paragraph num="(a)"> <text>Approved training in supporting breastfeeding practices;</text> </paragraph> <paragraph num="(b)"> <text>3 clock hours of approved training in complying with the Americans with Disabilities Act; and</text> </paragraph> <paragraph num="(c)"> <text>Approved training in medication administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Continued Training. A provider shall successfully complete:</text> <paragraph num="(1)"> <text>The health and safety training, as required by the office, by the end of each 12-month period measured each calendar year;</text> </paragraph> <paragraph num="(2)"> <text>During the first year of registration, 18 clock hours of approved training specified by the office; and</text> </paragraph> <paragraph num="(3)"> <text>By the end of each 12-month period after the first full year of registration, a total of 12 clock hours of approved continued training that consists of:</text> <paragraph num="(a)"> <text>At least 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Not more than 6 clock hours of elective training.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Professional Development Plan.</text> <paragraph num="(1)"> <text>The provider shall maintain a professional development plan.</text> </paragraph> <paragraph num="(2)"> <text>Training completed by the provider under §B of this regulation shall be:</text> <paragraph num="(a)"> <text>Consistent with the provider's professional development plan; and</text> </paragraph> <paragraph num="(b)"> <text>Documented by the provider on the professional development plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Current certification in approved basic first aid and CPR training as specified in §A(1)(a) and (b) of this regulation shall be maintained at all times by:</text> <paragraph num="(1)"> <text>The provider; and</text> </paragraph> <paragraph num="(2)"> <text>If applicable, the additional adult.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Infant-Toddler Training.</text> <paragraph num="(1)"> <text>The office may not approve a request by an applicant or a provider for an infant-toddler capacity of more than two children younger than 2 years old unless the individual has completed 3 semester hours or 45 clock hours of approved training, or the equivalent, related to the care of children younger than 2 years old.</text> </paragraph> <paragraph num="(2)"> <text>Sudden Infant Death Syndrome (SIDS) Training.</text> <paragraph num="(a)"> <text>The office may not approve a request by an applicant or a provider to provide care for a child younger than 24 months old unless the applicant or provider presents evidence of having successfully completed, within 5 years before the date of the request, approved SIDS training.</text> </paragraph> <paragraph num="(b)"> <text>SIDS training may not be used to satisfy the continued training requirements set forth in §B of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The office may not approve an application for an initial registration or a continuing registration unless the applicant has completed:</text> <paragraph num="(1)"> <text>Approved training in:</text> <paragraph num="(a)"> <text>Supporting breastfeeding practices; and</text> </paragraph> <paragraph num="(b)"> <text>Medication administration; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>3 clock hours of approved training in complying with the Americans with Disabilities Act.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A currently registered provider shall have completed approved training as specified in §F of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Provider Substitute."> <paragraph num="A."> <text>The provider shall designate at least one substitute who is available on short notice to care for the children at the provider’s registered family child care home.</text> </paragraph> <paragraph num="B."> <text>Approval by Office.</text> <paragraph num="(1)"> <text>An individual designated as a substitute may not be used in that capacity unless the office has approved the individual.</text> </paragraph> <paragraph num="(2)"> <text>If information received by the office indicates that an individual designated as a substitute may present a risk to the health, safety, or welfare of children in care, the office may disapprove the use of that substitute.</text> </paragraph> <paragraph num="(3)"> <text>The office shall notify the provider of its decision to approve or disapprove a substitute within 30 days of the request being submitted.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Use of Substitutes.</text> <paragraph num="(1)"> <text>A provider may use a substitute to:</text> <paragraph num="(a)"> <text>Provide care for children during a temporary absence of the provider; and</text> </paragraph> <paragraph num="(b)"> <text>Assist in providing care while the provider is present.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless the office approves an additional number of days in advance, the use of substitutes to provide care in the provider's absence is limited to a total of not more than 20 working days in any 12-month period, counting only days on which substitute care is provided for more than 2 hours.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A substitute shall:</text> <paragraph num="(1)"> <text>Be 18 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Be familiar with the requirements of this subtitle;</text> </paragraph> <paragraph num="(3)"> <text>Complete, sign, and submit to the office the required forms for substitutes, including:</text> <paragraph num="(a)"> <text>A medical evaluation completed within the past 12 months; and</text> </paragraph> <paragraph num="(b)"> <text>Permission to examine records of abuse and neglect of children and adults;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Apply for a federal and State criminal background check at a designated law enforcement office in the State;</text> </paragraph> <paragraph num="(5)"> <text>If residing or having resided in a state other than Maryland within 5 years before being hired as a substitute:</text> <paragraph num="(a)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(b)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Present no risk to the health, safety, or welfare of children.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Before allowing a substitute to provide or to assist in providing care, the provider shall orient the substitute to child health and safety matters, including, but not limited to:</text> <paragraph num="(1)"> <text>The location of the:</text> <paragraph num="(a)"> <text>Telephone and emergency telephone numbers;</text> </paragraph> <paragraph num="(b)"> <text>First aid supplies; and</text> </paragraph> <paragraph num="(c)"> <text>Child emergency forms;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Medication administration information for each child authorized to receive medication;</text> </paragraph> <paragraph num="(3)"> <text>Modified diet information for each child placed on a modified diet;</text> </paragraph> <paragraph num="(4)"> <text>Emergency evacuation procedures;</text> </paragraph> <paragraph num="(5)"> <text>Permissible and appropriate child discipline procedures;</text> </paragraph> <paragraph num="(6)"> <text>Authorized child release procedures; and</text> </paragraph> <paragraph num="(7)"> <text>Procedures for documenting and reporting child injuries and accidents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>During the provider's absence, a substitute is responsible for meeting the requirements of this subtitle regarding the:</text> <paragraph num="(1)"> <text>Supervision and protection of each child in care; and</text> </paragraph> <paragraph num="(2)"> <text>Operation of the family child care home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Additional Adult."> <paragraph num="A."> <text>Except as set forth in §B of this regulation, before an individual may be used as an additional adult, the provider shall ensure that the individual:</text> <paragraph num="(1)"> <text>Is 18 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Attends an information session presented by the office concerning the requirements of this subtitle for the care of children younger than 2 years old;</text> </paragraph> <paragraph num="(3)"> <text>Files with the office:</text> <paragraph num="(a)"> <text>A completed additional adult application form;</text> </paragraph> <paragraph num="(b)"> <text>Signed and notarized release forms giving the office permission to examine records of abuse and neglect of children and adults for information about the applicant;</text> </paragraph> <paragraph num="(c)"> <text>Completed information, on a form supplied by the office, for each of the applicant's substitutes; and</text> </paragraph> <paragraph num="(d)"> <text>A medical report on the applicant based on a medical evaluation conducted within the previous 12 months by a practicing physician, certified nurse practitioner, or registered physician's assistant, and signed by the individual who conducted the evaluation;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Applies for a federal and State criminal background check at a designated office in the State;</text> </paragraph> <paragraph num="(5)"> <text>If residing or having resided in a state other than Maryland within 5 years before being hired as an additional adult:</text> <paragraph num="(a)"> <text>Applies for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(b)"> <text>Requests the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Holds a current certificate indicating successful completion of approved basic first aid and CPR training applicable to children younger than 2 years old; and</text> </paragraph> <paragraph num="(7)"> <text>Presents evidence of having completed approved SIDS training within the previous 5 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A provider may not use an individual as an additional adult unless the office has approved the individual in that capacity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Volunteers."> <paragraph num="A."> <text>Before permitting an individual to begin volunteer duties at the family child care home, the provider shall:</text> <paragraph num="(1)"> <text>Ensure that the individual presents no risk to the health, safety, or welfare of children;</text> </paragraph> <paragraph num="(2)"> <text>Conduct a child health and safety orientation for the individual that meets the requirements set forth in Regulation .03E of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Ensure that the individual has applied for a federal and State criminal background check at a designated office in the State; and</text> </paragraph> <paragraph num="(4)"> <text>Ensure that the individual, if residing or having resided in a state other than Maryland within 5 years before being hired as an additional adult:</text> <paragraph num="(a)"> <text>Applies for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(b)"> <text>Requests the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The provider, substitute, or additional adult shall accompany a volunteer whenever the volunteer is in the presence of an unrelated child in care.</text> </paragraph> <paragraph num="C."> <text>A volunteer who is younger than 18 years old may not be permitted to work with a child in care who is younger than 2 years old.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02H adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C, D amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C repealed effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="07" heading="Child Protection"> <regulation prefix="Regulation" num=".01" heading="Prohibition of Abuse, Neglect, and Injurious Treatment."> <text>A child in care may not be subjected to abuse, neglect, mental injury, or injurious treatment as defined in COMAR 13A.15.01.02B.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Abuse/Neglect Reporting."> <text>An individual who is responsible for providing care to a child:</text> <paragraph num="A."> <text>Shall monitor the child for signs and symptoms of child abuse or neglect; and</text> </paragraph> <paragraph num="B."> <text>If the individual has reason to believe that a child in care has been:</text> <paragraph num="(1)"> <text>Abused, shall report that belief directly to the protective services unit of the local department of social services or to a law enforcement agency, as required under Maryland law; or</text> </paragraph> <paragraph num="(2)"> <text>Neglected, shall report that belief directly to the protective services unit of the local department of social services as required under Maryland law.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicability to Residents."> <text>The requirement set forth in Regulation .01 of this chapter also applies to a resident of the family child care home.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Discipline."> <paragraph num="A."> <text>Child discipline shall be:</text> <paragraph num="(1)"> <text>Appropriate to the age, maturity, and physical condition of the child; and</text> </paragraph> <paragraph num="(2)"> <text>Consistent with the requirements of this subtitle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provider or substitute may not:</text> <paragraph num="(1)"> <text>Force a child to eat or drink;</text> </paragraph> <paragraph num="(2)"> <text>Punish a child for refusing to eat or drink;</text> </paragraph> <paragraph num="(3)"> <text>Withhold food or beverages as punishment; or</text> </paragraph> <paragraph num="(4)"> <text>Spank, hit, shake, or use any other means of physical discipline.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Parental Access."> <text>The provider or substitute shall permit the parent of a child in care to have access to the child at all times and to observe the areas of the home used for child care during the provider's hours of operation.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Authorized Release."> <paragraph num="A."> <text>Except as indicated in §B of this regulation, the provider or substitute shall release a child only to the child's parent or to another individual if directed by the parent and if the identity of the other individual is verified by the provider or substitute.</text> </paragraph> <paragraph num="B."> <text>In case of the death, disappearance, incapacity, or sudden unavailability of the parent or individual designated to pick up the child, or when requested by Child Protective Services, the provider or substitute may release the child to a Child Protective Services worker.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Child Security."> <paragraph num="A."> <text>The provider shall ensure the safety and security of each child at all times.</text> </paragraph> <paragraph num="B."> <text>Whenever an area of the home is being used for a child care activity and children are present, the provider may not allow that area to be used at the same time for any other purpose without prior approval of the office.</text> </paragraph> <paragraph num="C."> <text>In addition to meeting all other child supervision requirements of this subtitle, the provider shall ensure that an individual who meets the requirements of this subtitle for supervising children in care:</text> <paragraph num="(1)"> <text>Accompanies a child whenever the child is in the presence of an individual at the home who is not:</text> <paragraph num="(a)"> <text>Another individual who meets the requirements of this subtitle for supervising children in care;</text> </paragraph> <paragraph num="(b)"> <text>The child's parent, guardian, or other individual to whom the child may be released under Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>An individual who is authorized by the child's parent or guardian, and whose identity is verified by the provider, to provide a health care, educational, or other service to the child;</text> </paragraph> <paragraph num="(d)"> <text>Another child enrolled in care; or</text> </paragraph> <paragraph num="(e)"> <text>A child who resides at the home; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Remains within sight and sound of an independent contractor performing a service at the home whenever the independent contractor is in an area where a child is present, unless documentation is on file at the family child care home that the contractor has successfully passed federal and State criminal background checks and a review of child abuse and neglect records.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> </annotations> </chapter> <chapter num="08" heading="Child Supervision"> <regulation prefix="Regulation" num=".01" heading="General Supervision."> <paragraph num="A."> <text>An individual may not have responsibility for supervising a child in care unless the individual meets the requirements of this subtitle pertaining to a provider, substitute, or additional adult, as applicable.</text> </paragraph> <paragraph num="B."> <text>Except as provided in Regulation .02C and D of this chapter, when a child is in attendance, the individual responsible for supervising the child shall at all times:</text> <paragraph num="(1)"> <text>Be alert and responsive;</text> </paragraph> <paragraph num="(2)"> <text>Know where the child is;</text> </paragraph> <paragraph num="(3)"> <text>Be able to see or hear the child;</text> </paragraph> <paragraph num="(4)"> <text>Be near enough to the child to render immediate assistance; and</text> </paragraph> <paragraph num="(5)"> <text>Provide supervision that is appropriate to the individual age, needs, capabilities, activities, and location of the child, which may include, but not be limited to:</text> <paragraph num="(a)"> <text>Making reasonable accommodations for a child with a disability; and</text> </paragraph> <paragraph num="(b)"> <text>If applicable, allowing an adult who provides specialized services to a child in care to provide those services at the home in accordance with the child’s individualized education plan, individualized family services plan, or written behavioral plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The provider or substitute shall:</text> <paragraph num="(1)"> <text>Remain inside the home while a child in care younger than 6 years old is present inside the home; and</text> </paragraph> <paragraph num="(2)"> <text>Accompany a child in care who is younger than 6 years old whenever the child is outside of the home.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Supervision of Resting Children.</text> <paragraph num="(1)"> <text>If a resting or napping child is younger than 2 years old, the provider or substitute shall:</text> <paragraph num="(a)"> <text>Remain within sight and sound of the child; and</text> </paragraph> <paragraph num="(b)"> <text>Observe the child at least every 15 minutes to determine that the child is safe, breathing normally, and in no physical distress.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a resting or napping child is 2 years old or older, the child:</text> <paragraph num="(a)"> <text>May be on a different level of the home from the provider or substitute if:</text> <paragraph num="(i)"> <text>That level is approved by the office for child care use; and</text> </paragraph> <paragraph num="(ii)"> <text>The provider has informed the child's parent that the child is permitted to be on a different level of the home; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Shall be observed by the provider or substitute to ensure the child’s safety and comfort at intervals of at least every 15 minutes.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a resting or napping child is in a different room from the provider or substitute and that room can be closed off from the rest of the home by a door, screen, or similar furnishing, the provider or substitute shall ensure that the door, screen, or similar furnishing remains open so that the view into the room is unobstructed.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The provider may use a video and sound monitoring system to meet the sound and sight requirement in §D(1)(a) of this regulation.</text> </paragraph> <paragraph num="F."> <text>A child may not be left unattended on the premises of the home, in a motor vehicle, or during an off-site activity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Off-Site Supervision."> <paragraph num="A."> <text>During an off-site activity, the provider or substitute shall exercise reasonable care to protect children from potentially hazardous areas and situations.</text> </paragraph> <paragraph num="B."> <text>If the outdoor activity space is not on the premises, the provider or substitute shall accompany and supervise a child of any age in transit to and from the space and while at the space.</text> </paragraph> <paragraph num="C."> <text>Before a child may participate in a supervised activity out of the home without the provider or substitute, responsibility for the child's whereabouts and supervision shall be clearly assigned throughout the period of the activity.</text> </paragraph> <paragraph num="D."> <text>A child in care may not travel to or from school or a school transportation site without adult supervision unless the child is in the first or a higher grade.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Water Activity Supervision."> <paragraph num="A."> <text>A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.</text> </paragraph> <paragraph num="B."> <text>Whenever children are engaged in a swimming activity, at least two adults permitted to have child care responsibilities under this subtitle shall be present during the activity.</text> </paragraph> <paragraph num="C."> <text>When water is over a child's chest and the child cannot swim, the provider or substitute shall be in the water with the child to provide one-to-one supervision.</text> </paragraph> <paragraph num="D."> <text>When water is more than 4 feet deep, an individual 16 years old or older who holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department shall be present and on duty at all times while a child is in the water. A provider, substitute, or approved additional adult with the requisite certification may fulfill this requirement.</text> </paragraph> <paragraph num="E."> <text>A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Overnight Care Supervision."> <paragraph num="A."> <text>If overnight care is provided, the provider or substitute shall, throughout the period of care:</text> <paragraph num="(1)"> <text>Remain on the premises;</text> </paragraph> <paragraph num="(2)"> <text>Remain on the same level of the home as the children in care; and</text> </paragraph> <paragraph num="(3)"> <text>Respond to the feeding schedule, sleep habits, sleep disturbances, and age-appropriate bedtime routine of each child in care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If overnight care is provided to four or more children at the same time, the provider or substitute shall remain alert and awake at all times.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 618); July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="09" heading="Program Requirements"> <regulation prefix="Regulation" num=".01" heading="Activities."> <paragraph num="A."> <text>The provider shall prepare, post, and follow a written schedule of daily activities and offer activities that:</text> <paragraph num="(1)"> <text>Promote the sound emotional, social, intellectual, and physical growth of each child;</text> </paragraph> <paragraph num="(2)"> <text>Are appropriate to the age, needs, and capabilities of the individual child based on the current recommendations of the American Academy of Pediatrics, such as short periods of tummy time, under adult supervision, while awake for a child under 12 months old;</text> </paragraph> <paragraph num="(3)"> <text>Include opportunities for individual and group participation;</text> </paragraph> <paragraph num="(4)"> <text>Include a balance between self-selected and provider-directed activities;</text> </paragraph> <paragraph num="(5)"> <text>Include a balance between active and quiet periods;</text> </paragraph> <paragraph num="(6)"> <text>Include periods of rest appropriate to the age, needs, and activities of the child; and</text> </paragraph> <paragraph num="(7)"> <text>Include outdoor play in the morning and afternoon, except that outdoor play need not be included:</text> <paragraph num="(a)"> <text>When the weather is inclement; or</text> </paragraph> <paragraph num="(b)"> <text>If the provider is only caring for school age children before school hours.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Screen Time Activities.</text> <paragraph num="(1)"> <text>Definitions. In this section, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Interactive technology” means educational and age-appropriate technology, including programs, applications (apps), noncommercial television programming, videos, streaming media, and ebooks, that is designed to:</text> <paragraph num="(i)"> <text>Facilitate active and creative use of technology; and</text> </paragraph> <paragraph num="(ii)"> <text>Encourage social engagement with other children and adults.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Passive technology” means noninteractive television, videos, and streaming media.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Limited use of appropriate interactive technology may support, but may not replace, creative play, physical activity, hands-on exploration, outdoor experiences, social interactions, and other developmentally appropriate learning activities for children 2 years old or older.</text> </paragraph> <paragraph num="(3)"> <text>Viewing Restrictions. Except as set forth in §B(4) of this regulation, a child in attendance who is:</text> <paragraph num="(a)"> <text>Younger than 2 years old may not be permitted to view any passive technology; and</text> </paragraph> <paragraph num="(b)"> <text>2 years old or older may not be permitted to view more than 30 minutes of age-appropriate, educational passive technology per week.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>An occasional exception to the weekly passive technology viewing limit set forth in §B(3) of this regulation may be made for a special event or project, including a holiday or birthday celebration, or for educational content that is related to the family child care home's curriculum.</text> </paragraph> <paragraph num="(b)"> <text>If an exception to the weekly passive technology viewing limit is made, a written record of the exception shall be made and retained on file that documents the:</text> <paragraph num="(i)"> <text>Nature and duration of the programming viewed; and</text> </paragraph> <paragraph num="(ii)"> <text>Reason for the exception.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>No child may be permitted to view any:</text> <paragraph num="(a)"> <text>Passive or interactive technology during a meal or a snack; or</text> </paragraph> <paragraph num="(b)"> <text>Media with brand placement or advertising for unhealthy or sugary food or beverages.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The provider shall give the parent of each enrolled child a written screen time policy that addresses the use of passive and interactive technology during child care hours.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Upon the request of a parent of a child in care, the provider shall assist the parent with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening for the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Materials and Equipment."> <paragraph num="A."> <text>Activity materials shall:</text> <paragraph num="(1)"> <text>Be developmentally appropriate, in good repair, clean, nontoxic, and free from hazards including lead paint; and</text> </paragraph> <paragraph num="(2)"> <text>Support learning in:</text> <paragraph num="(a)"> <text>Language and literacy;</text> </paragraph> <paragraph num="(b)"> <text>Mathematical thinking;</text> </paragraph> <paragraph num="(c)"> <text>Scientific thinking;</text> </paragraph> <paragraph num="(d)"> <text>Social studies;</text> </paragraph> <paragraph num="(e)"> <text>Creative arts and dramatic play; and</text> </paragraph> <paragraph num="(f)"> <text>Gross motor and small motor skills.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The variety and quantity of materials and equipment for indoor and outdoor activities shall be adequate to implement the requirements of Regulation .01A of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Rest Periods."> <text>Each child shall be provided periods of rest appropriate to the age, needs, and activities of the child.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; Family Law Article, §§5-550 and 5-551;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B repealed effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C repealed effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> </annotations> </chapter> <chapter num="10" heading="Child Safety"> <regulation prefix="Regulation" num=".01" heading="Emergency Safety."> <text>The provider or substitute shall:</text> <paragraph num="A."> <text>Prepare and maintain a written emergency and disaster plan that:</text> <paragraph num="(1)"> <text>Establishes procedures for:</text> <paragraph num="(a)"> <text>Evacuating the home, including an evacuation route;</text> </paragraph> <paragraph num="(b)"> <text>Relocating children to a designated safe site;</text> </paragraph> <paragraph num="(c)"> <text>Sheltering in place in the event that evacuation is not feasible;</text> </paragraph> <paragraph num="(d)"> <text>Notifying parents of children in care; and</text> </paragraph> <paragraph num="(e)"> <text>Addressing the individual needs of children, including children with special needs;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Contains:</text> <paragraph num="(a)"> <text>The name of, and contact information for, the local emergency operations center;</text> </paragraph> <paragraph num="(b)"> <text>A list of local emergency services numbers; and</text> </paragraph> <paragraph num="(c)"> <text>The radio station call sign and frequency for the local Emergency Alert System (EAS);</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Is practiced with children at least:</text> <paragraph num="(a)"> <text>Once per month for fire evacuation purposes;</text> </paragraph> <paragraph num="(b)"> <text>Twice per year for other emergency and disaster situations; and</text> </paragraph> <paragraph num="(c)"> <text>If overnight care is provided, at least four times per year when children in overnight care are present; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Is updated at least annually;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Post conspicuously a copy of the emergency escape route floor plan:</text> <paragraph num="(1)"> <text>In or near the approved child care area; and</text> </paragraph> <paragraph num="(2)"> <text>If overnight care is provided, in each room where a child in care is sleeping;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Regularly orient children, who are old enough to understand, in procedures to be used in the event of a fire or other emergency requiring escape from the home;</text> </paragraph> <paragraph num="D."> <text>Train each substitute and, if applicable, the additional adult on the contents of the written emergency and disaster plan required at §A of this regulation;</text> </paragraph> <paragraph num="E."> <text>In the event of a declared emergency, be prepared to respond as directed by the local emergency management agency through sources of public information;</text> </paragraph> <paragraph num="F."> <text>During an emergency evacuation or practice, take attendance records and emergency cards out of the home and verify the presence of each child currently in attendance;</text> </paragraph> <paragraph num="G."> <text>Instruct children in the use of the 9-1-1 telephone number to summon help in an emergency; and</text> </paragraph> <paragraph num="H."> <text>Meet the following requirements for first aid supplies:</text> <paragraph num="(1)"> <text>Maintain first aid supplies as the office requires in a location that is readily accessible to the areas of the home approved for child care;</text> </paragraph> <paragraph num="(2)"> <text>Store first aid supplies in a manner that makes them inaccessible to children in care; and</text> </paragraph> <paragraph num="(3)"> <text>Bring the first aid supplies along on any activity away from the family child care home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Potentially Hazardous Items."> <text>The provider shall properly store, and keep inaccessible to the children in care, all potentially harmful items, including, but not limited to, knives, sharp tools, firearms, matches, alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts, petroleum, flammable products, cleaning agents, and poisonous products.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Outdoor Safety."> <paragraph num="A."> <text>The provider or substitute may not allow a child to play on climbing equipment from which the child could fall 7 feet or more to the ground.</text> </paragraph> <paragraph num="B."> <text>During an outdoor activity, the provider or substitute may not allow a child to:</text> <paragraph num="(1)"> <text>Use unsafe activity equipment;</text> </paragraph> <paragraph num="(2)"> <text>Use activity equipment in an unsafe manner; or</text> </paragraph> <paragraph num="(3)"> <text>Wear a clothing item or accessory that may pose a hazard to the child while engaged in the activity.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The provider shall ensure that children use suitable protective gear when engaged in an activity for which protective gear is required by law.</text> </paragraph> <paragraph num="D."> <text>Trampolines. The provider or substitute:</text> <paragraph num="(1)"> <text>May not allow a child in care to use a trampoline; and</text> </paragraph> <paragraph num="(2)"> <text>Shall make a trampoline located on the premises of the home inaccessible to children in care.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Water Safety."> <paragraph num="A."> <text>A provider or substitute may permit children in care to use only swimming facilities that:</text> <paragraph num="(1)"> <text>Are subject to State or local standards of health, sanitation, and safety; and</text> </paragraph> <paragraph num="(2)"> <text>Meet those standards.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An above-ground swimming pool:</text> <paragraph num="(1)"> <text>May not be used for swimming activities; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be made inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Transportation Safety."> <text>If children are transported in a vehicle while in care, the provider or substitute shall ensure that, as specified by Maryland law:</text> <paragraph num="A."> <text>Each child in care is separately secured in a child car seat or seat belt; and</text> </paragraph> <paragraph num="B."> <text>Each child car seat or seat belt is appropriate for the age and weight of the child using it.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Rest Time Safety."> <paragraph num="A."> <text>Unless specified otherwise in writing by the child’s physician, or other licensed health care provider, a child who:</text> <paragraph num="(1)"> <text>Cannot roll over without assistance shall be placed for sleep on the child's back; or</text> </paragraph> <paragraph num="(2)"> <text>Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless the need for a positioning device that restricts a child’s movement while the child is resting is specified in writing by the child’s physician, or other licensed health care provider, an object or device, including, but not limited to, a strap, wedge, roll, or swaddling, that restricts movement may not be used with a child in a crib, portable crib, playpen, cot, bed, mat, or other rest furnishing.</text> </paragraph> <paragraph num="C."> <text>Weighted rest items, including but not limited to blankets, sleepers, and swaddles, may not be used for a child under 12 months old.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D, F amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="11" heading="Health"> <regulation prefix="Regulation" num=".01" heading="Child Comfort and Welfare."> <text>The provider or substitute shall:</text> <paragraph num="A."> <text>Dress a child appropriately, both indoors and outdoors, for the temperature of the environment and the activity of the child;</text> </paragraph> <paragraph num="B."> <text>During an indoor or outdoor activity:</text> <paragraph num="(1)"> <text>Monitor each child for signs of discomfort due to over-activity, temperature or weather conditions, or other environmental factors; and</text> </paragraph> <paragraph num="(2)"> <text>If a child is experiencing discomfort, take appropriate steps to alleviate the discomfort; and</text> </paragraph> </paragraph> <paragraph num="C."> <text>Ensure that each child has adequate time for meals and snacks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Exclusion for Acute Illness."> <paragraph num="A."> <text>The provider or substitute shall:</text> <paragraph num="(1)"> <text>Monitor children for signs and symptoms of acute illness; and</text> </paragraph> <paragraph num="(2)"> <text>Notify immediately a child's parent or other person designated on the child's emergency card upon observing a sign or symptom of acute illness.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provider or substitute may not allow a child to enter or remain in care if the child is exhibiting symptoms of acute illness such as, but not limited to:</text> <paragraph num="(1)"> <text>Vomiting;</text> </paragraph> <paragraph num="(2)"> <text>Fever;</text> </paragraph> <paragraph num="(3)"> <text>Seizures;</text> </paragraph> <paragraph num="(4)"> <text>Severe pain; or</text> </paragraph> <paragraph num="(5)"> <text>Diarrhea.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Infectious and Communicable Diseases."> <text>A provider or substitute may not knowingly care for a child who has a serious transmissible infection or communicable disease during the period of exclusion for that infection or disease shown in the Communicable Disease Summary, as published by the Maryland Department of Health.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Medication Administration and Storage."> <paragraph num="A."> <text>Medication Administration.</text> <paragraph num="(1)"> <text>Medication, whether prescription or nonprescription, may not be administered to a child in care unless:</text> <paragraph num="(a)"> <text>Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received by the provider or substitute before the medication is administered; and</text> </paragraph> <paragraph num="(b)"> <text>A licensed health practitioner has approved the administration of the medication and the medication dosage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A prescription medication may not be administered to a child unless at least one dose of the medication has been given to the child at home.</text> </paragraph> <paragraph num="(3)"> <text>If medication is by prescription, it shall be labeled by the pharmacy or physician with:</text> <paragraph num="(a)"> <text>The child's name;</text> </paragraph> <paragraph num="(b)"> <text>The date of the prescription;</text> </paragraph> <paragraph num="(c)"> <text>The name of the medication;</text> </paragraph> <paragraph num="(d)"> <text>The medication dosage;</text> </paragraph> <paragraph num="(e)"> <text>The administration schedule;</text> </paragraph> <paragraph num="(f)"> <text>The administration route;</text> </paragraph> <paragraph num="(g)"> <text>If applicable, special instructions, such as “take with food”; and</text> </paragraph> <paragraph num="(h)"> <text>The duration of the prescription; and</text> </paragraph> <paragraph num="(i)"> <text>An expiration date that states when the medication is no longer useable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Topical Applications. A diaper rash product, sunscreen, or insect repellent supplied by a child's parent may be applied without prior approval of a licensed health practitioner.</text> </paragraph> <paragraph num="C."> <text>Medication shall be administered according to the instructions on the label of the medication container or a licensed health practitioner's written instructions, whichever are more recently dated.</text> </paragraph> <paragraph num="D."> <text>Recording Requirements.</text> <paragraph num="(1)"> <text>Each administration of a prescription or nonprescription medication to a child, including self-administration of a medication by the child, shall be noted in the child's record.</text> </paragraph> <paragraph num="(2)"> <text>Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child's record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Medication Storage.</text> <paragraph num="(1)"> <text>Each medication shall be:</text> <paragraph num="(a)"> <text>Labeled with the child's name, the dosage, and the expiration date;</text> </paragraph> <paragraph num="(b)"> <text>Stored as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and</text> </paragraph> <paragraph num="(c)"> <text>Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All medications shall be stored to make them inaccessible to children in care but readily accessible to the provider, substitute, or additional adult.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Self-Administration of Medication.</text> <paragraph num="(1)"> <text>Before a child may self-administer medication while in care, a provider shall:</text> <paragraph num="(a)"> <text>Have a written order from the child's physician and the written request of the child's parent for the child's self-administration of medication;</text> </paragraph> <paragraph num="(b)"> <text>In consultation with the child's parent, establish a written procedure for self-administration of medication by the child based on the physician's written order; and</text> </paragraph> <paragraph num="(c)"> <text>Authorize the child to self-administer medication.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Revocation of Authorization to Self-Administer.</text> <paragraph num="(a)"> <text>A provider may revoke a child's authorization to self-administer medication if the child fails to follow the written procedure required by §F(1)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Immediately upon revoking the child's authorization to self-administer medication, the provider shall notify the child's parent of that revocation.</text> </paragraph> <paragraph num="(c)"> <text>The provider shall document the revocation of authorization to self-administer and the notification to the child's parent in the child's record.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Effective January 1, 2016, medication may be administered to a child in care only by an individual who has completed approved medication administration training, unless:</text> <paragraph num="(1)"> <text>The individual is a registered nurse, licensed practical nurse, or medication technician certified by the Maryland Board of Nursing to administer medication to children in care; or</text> </paragraph> <paragraph num="(2)"> <text>Responsibility for administering medication to children in care has been delegated to the individual by a delegating nurse in accordance with COMAR 10.27.11.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Medical Cannabis.</text> <paragraph num="(1)"> <text>The administration of medical cannabis by a caregiver to a child who is a qualifying medical cannabis patient is governed by COMAR 10.62.01—10.62.37.</text> </paragraph> <paragraph num="(2)"> <text>The administration of medical cannabis that includes smoking or vaping is prohibited.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Alcohol, Tobacco, Cannabis, and Other Drugs."> <paragraph num="A."> <text>If a resident of the family child care home smokes or vapes any substance, including but not limited to tobacco or cannabis, the provider shall make this known in advance to parents who are considering placing their children in the provider's care.</text> </paragraph> <paragraph num="B."> <text>A resident may not consume alcohol during the family child care home’s approved hours of operation.</text> </paragraph> <paragraph num="C."> <text>A provider and any other individual may not consume alcohol during the family child care home’s approved hours of operation.</text> </paragraph> <paragraph num="D."> <text>During the family child care home's hours of operation, if an enrolled child is or will be on the premises, the provider or any other individual may not smoke or vape or permit smoking or vaping anywhere inside the home or any outdoor area approved for child care use.</text> </paragraph> <paragraph num="E."> <text>A provider and any other individual may not consume or be under the influence of alcohol, cannabis, or an illegal or nonprescribed controlled dangerous substance while:</text> <paragraph num="(1)"> <text>Present at the family child care home during the home’s hours of operation; or</text> </paragraph> <paragraph num="(2)"> <text>Providing or assisting with the care of children on or away from the premises of the family child care home or during transport.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A provider and any other individual shall ensure that all alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts are kept out of the reach of the children in care.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, E amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); repealed permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="12" heading="Nutrition"> <regulation prefix="Regulation" num=".01" heading="Nutrition and Food Served."> <paragraph num="A."> <text>Food and beverages that are furnished by a provider for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.</text> </paragraph> <paragraph num="B."> <text>Unless provided by the child’s parent, the provider shall furnish:</text> <paragraph num="(1)"> <text>All beverages, including beverages for meals and snacks; and</text> </paragraph> <paragraph num="(2)"> <text>Milk with all meals.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A beverage furnished by the provider may not contain an added sweetener or caffeine, except for:</text> <paragraph num="(1)"> <text>Infant formula: or</text> </paragraph> <paragraph num="(2)"> <text>A beverage prescribed for a child by a health care provider.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the child is:</text> <paragraph num="(1)"> <text>Younger than 2 years old, milk furnished to the child shall be supplied or approved by the child’s parent; or</text> </paragraph> <paragraph num="(2)"> <text>2 years old or older, milk furnished to the child by the provider shall be 1% fat milk or nonfat milk, unless otherwise ordered by a health care provider or requested by the child’s parent.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The provider may arrange with the child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the provider.</text> </paragraph> <paragraph num="F."> <text>Except during approved hours of overnight care, a provider shall serve meals and snacks at intervals of not more than 3 hours according to the following schedule:</text> </paragraph> <paragraph num="G."> <text>If a provider chooses not to provide meals, the provider shall make arrangements with the parent of each child to provide food for meals.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Food Storage and Cleanliness."> <text>The provider or substitute shall:</text> <paragraph num="A."> <text>Transport, store, prepare, display, and serve food in a safe, sanitary, and healthful manner;</text> </paragraph> <paragraph num="B."> <text>Refrigerate perishable foods such as meat, milk, and dairy products at or below 40° F; and</text> </paragraph> <paragraph num="C."> <text>As soon as a child has finished eating, discard any remaining food that has come into contact with:</text> <paragraph num="(1)"> <text>The child's mouth; or</text> </paragraph> <paragraph num="(2)"> <text>A utensil used by the child for eating.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective July 20, 2015 (42:14 Md. R. 882)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="13" heading="Inspections, Complaints, and Enforcement"> <regulation prefix="Regulation" num=".01" heading="Inspections."> <paragraph num="A."> <text>The office shall inspect each family child care home:</text> <paragraph num="(1)"> <text>On an announced basis before issuing a certificate of initial registration or continuing registration; and</text> </paragraph> <paragraph num="(2)"> <text>On an unannounced basis, at least once within each 12-month period after the date that a certificate of initial registration or continuing registration was issued to the provider.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provider or substitute shall permit inspection of all areas of the home by the agency representative during the provider's hours of operation.</text> </paragraph> <paragraph num="C."> <text>The agency representative may make inspections, in addition to the announced and unannounced inspections specified in §A of this regulation, without prior notice to the provider.</text> </paragraph> <paragraph num="D."> <text>Upon request, the provider or substitute shall make the records required by this subtitle available to the agency representative for inspection and copying.</text> </paragraph> <paragraph num="E."> <text>A provider or substitute may request satisfactory identification from the agency representative before admitting the person for an inspection.</text> </paragraph> <paragraph num="F."> <text>A provider may appeal a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Complaints."> <text>The office shall investigate:</text> <paragraph num="A."> <text>Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and</text> </paragraph> <paragraph num="B."> <text>Complaints of providing or advertising unregistered family child care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Warnings."> <text>If an investigation of a complaint or an inspection of a family child care home indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:</text> <paragraph num="A."> <text>The violation found, citing the regulation;</text> </paragraph> <paragraph num="B."> <text>The time period for correcting the violation; and</text> </paragraph> <paragraph num="C."> <text>That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Intermediate Sanctions."> <paragraph num="A."> <text>Upon determining that a provider has violated or a home fails to meet any of the regulations of this subtitle, the office may:</text> <paragraph num="(1)"> <text>Restrict the age or number of children accepted for care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Require the provider to receive remedial instruction in a specified content area;</text> </paragraph> <paragraph num="(4)"> <text>Increase the frequency of monitoring of the home during a specified period of time;</text> </paragraph> <paragraph num="(5)"> <text>Enter into an agreement with the provider detailing requirements in addition to those above, including time limits for compliance; and</text> </paragraph> <paragraph num="(6)"> <text>Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which a sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office determines that the provider has violated a condition or requirement of the intermediate sanction, the office may suspend or revoke the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Emergency Intermediate Sanctions."> <paragraph num="A."> <text>Upon determining that a provider has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:</text> <paragraph num="(1)"> <text>Restrict the ages of children in care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Limit the spaces, rooms, or areas that may be used for child care;</text> </paragraph> <paragraph num="(4)"> <text>Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.15.02.02 or .03 from being alone with a child or group of children pending an open child protective services or criminal investigation;</text> </paragraph> <paragraph num="(5)"> <text>Require the provider or staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(6)"> <text>Increase the frequency of monitoring of the home during a specified period of time;</text> </paragraph> <paragraph num="(7)"> <text>Enter into an agreement with the provider detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(8)"> <text>Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office shall hand deliver written notice of the emergency intermediate sanction to the provider stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the sanction;</text> </paragraph> <paragraph num="(2)"> <text>That the provider shall immediately implement the sanction;</text> </paragraph> <paragraph num="(3)"> <text>That the provider is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the provider’s request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the sanction is upheld, implementation of the sanction at the child care home shall continue until it is determined that the health, safety, or welfare of children in the home is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the sanction may lead to suspension or revocation of the provider’s registration, if the Office determines that a provider has violated a condition or requirement of the sanction; and</text> </paragraph> <paragraph num="(7)"> <text>That the provider may continue to provide child care, except as limited by the sanction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the provider’s address on file.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Nonemergency Suspension."> <paragraph num="A."> <text>The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that:</text> <paragraph num="(1)"> <text>The provider or home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened; or</text> </paragraph> <paragraph num="(2)"> <text>If the registration is a continuing registration that was placed on conditional status, the:</text> <paragraph num="(a)"> <text>Conditional status has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Provider has failed to meet the requirements for lifting the conditional status.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The office shall suspend the certificate of registration upon notification that the provider is in noncompliance with Child Support Enforcement requirements pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The office shall notify the provider in writing of the suspension at least 20 calendar days before the effective date stating:</text> <paragraph num="(1)"> <text>The effective date and period of the suspension;</text> </paragraph> <paragraph num="(2)"> <text>The reason for suspension;</text> </paragraph> <paragraph num="(3)"> <text>The regulation with which the provider has failed to comply that is the basis for the suspension;</text> </paragraph> <paragraph num="(4)"> <text>Corrections required to ensure reinstatement of the certificate of registration;</text> </paragraph> <paragraph num="(5)"> <text>That the provider shall stop providing child care on the effective date of the suspension unless the provider requests a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the provider is entitled to a hearing if requested in writing within 20 calendar days of the delivery of the notice;</text> </paragraph> <paragraph num="(7)"> <text>The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;</text> </paragraph> <paragraph num="(8)"> <text>That the suspension shall be stayed if a hearing is requested;</text> </paragraph> <paragraph num="(9)"> <text>That, if the suspension is upheld following the hearing, the provider shall cease providing child care for the period of the suspension;</text> </paragraph> <paragraph num="(10)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(11)"> <text>That the provider is required to surrender the certificate of registration to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The office shall notify the parents of the children in care of the suspension.</text> </paragraph> <paragraph num="E."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the certificate of registration and return it to the provider; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the certificate of registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emergency Suspension."> <paragraph num="A."> <text>The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.</text> </paragraph> <paragraph num="B."> <text>The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of the delivery of the notice, a hearing before the Office of Administrative Hearings.</text> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the provider, the Office may send the notice by regular and certified mail to the provider’s address.</text> </paragraph> <paragraph num="D."> <text>When the certificate of registration is to be suspended immediately:</text> <paragraph num="(1)"> <text>The office shall repossess the certificate of registration;</text> </paragraph> <paragraph num="(2)"> <text>The provider shall stop providing child care immediately; and</text> </paragraph> <paragraph num="(3)"> <text>The office shall notify the parents of the children in care of the suspension and make every reasonable effort to assist the parents of the children in making other child care arrangements.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a hearing is requested by the provider, the Office of Administrative Hearings shall hold a hearing within 7 calendar days of the date of the request.</text> </paragraph> <paragraph num="F."> <text>Within 7 calendar days of the hearing, a decision concerning the emergency suspension shall be made by the Office of Administrative Hearings.</text> </paragraph> <paragraph num="G."> <text>If the decision does not uphold the emergency suspension, the provider may resume providing child care.</text> </paragraph> <paragraph num="H."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the certificate of registration and return it to the provider; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the certificate of registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Revocation."> <paragraph num="A."> <text>The office may revoke a certificate of registration if the:</text> <paragraph num="(1)"> <text>Provider or home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;</text> </paragraph> <paragraph num="(2)"> <text>Provider misrepresented or offered false information on the application or on any form or report required by the office;</text> </paragraph> <paragraph num="(3)"> <text>Provider interferes with or obstructs the agency representative in the performance of the duties of the office;</text> </paragraph> <paragraph num="(4)"> <text>Provider fails to submit all documentation required to maintain the certificate of registration;</text> </paragraph> <paragraph num="(5)"> <text>Provider or substitute refuses to permit access to a child or to the space in the home used for child care by a parent or an agency representative during operating hours of the child care home;</text> </paragraph> <paragraph num="(6)"> <text>Terms or conditions of a sanction have been violated;</text> </paragraph> <paragraph num="(7)"> <text>Registration is a continuing registration that was placed on conditional status, and the:</text> <paragraph num="(a)"> <text>Conditional status has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Provider has failed to meet the requirements for lifting the conditional status;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Provider, an additional adult, a substitute, a volunteer, or a resident is identified as responsible for abuse or neglect of children or adults;</text> </paragraph> <paragraph num="(9)"> <text>Provider, an additional adult, a substitute, a volunteer, or a resident has a criminal conviction, a probation before judgment disposition, or a not criminally responsible disposition, or is awaiting a hearing on a charge for a crime that:</text> <paragraph num="(a)"> <text>Is listed at COMAR 13A.15.02.07B or C; or</text> </paragraph> <paragraph num="(b)"> <text>Indicates other behavior harmful to children;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Provider fails to comply with the child security requirements set forth in COMAR 13A.15.07.07;</text> </paragraph> <paragraph num="(11)"> <text>Provider permits an individual to have child supervision responsibilities after being notified by the office that the individual has been disapproved for that purpose;</text> </paragraph> <paragraph num="(12)"> <text>Evaluation of information provided to or acquired by the office indicates that the provider is unable to care for the welfare of children;</text> </paragraph> <paragraph num="(13)"> <text>Provider who also provides treatment foster care in the home admits a child for treatment foster care in the home, unless the child is placed in the home in a preadoptive capacity; or</text> </paragraph> <paragraph num="(14)"> <text>Family child care home is no longer the primary residence of the provider.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office decides to revoke a certificate of registration, the office shall notify the provider in writing at least 20 calendar days in advance of the revocation, stating:</text> <paragraph num="(1)"> <text>The effective date of the revocation;</text> </paragraph> <paragraph num="(2)"> <text>The reason for the revocation;</text> </paragraph> <paragraph num="(3)"> <text>The regulation with which the provider has failed to comply that is the basis for the revocation;</text> </paragraph> <paragraph num="(4)"> <text>That the provider shall stop providing child care on the effective date of the revocation;</text> </paragraph> <paragraph num="(5)"> <text>That the provider is entitled to a hearing if requested in writing within 20 calendar days of the date of the notice;</text> </paragraph> <paragraph num="(6)"> <text>The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;</text> </paragraph> <paragraph num="(7)"> <text>The revocation shall be stayed if the hearing is requested, unless the revocation immediately follows an emergency suspension period; and</text> </paragraph> <paragraph num="(8)"> <text>That the provider is required to surrender the certificate of registration to the office when the revocation becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the revocation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Penalties."> <paragraph num="A."> <text>An individual found to be operating a family child care home without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:</text> <paragraph num="(1)"> <text>$1,500 for the first violation; and</text> </paragraph> <paragraph num="(2)"> <text>$2,500 for a second or subsequent violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may institute legal proceedings to:</text> <paragraph num="(1)"> <text>Enjoin any individual not registered who is providing family child care from continuing to operate; or</text> </paragraph> <paragraph num="(2)"> <text>Ask a court in the jurisdiction of the family child care home to impose a fine of up to the maximum amount permitted by law on an individual found to be operating in violation of this subtitle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Civil Citations."> <paragraph num="A."> <text>The office may issue a civil citation imposing a civil penalty to an individual who provides or advertises unregistered family child care in violation of the requirements of this subtitle.</text> </paragraph> <paragraph num="B."> <text>Assessment of Penalty.</text> <paragraph num="(1)"> <text>Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:</text> <paragraph num="(a)"> <text>$250 for the first violation;</text> </paragraph> <paragraph num="(b)"> <text>$500 for the second violation; and</text> </paragraph> <paragraph num="(c)"> <text>$1,000 for the third and each subsequent violation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each day that unregistered family child care occurs in violation of the requirements of this subtitle is a separate violation under this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The total amount of civil penalty imposed against an individual in an action under this regulation may not exceed $5,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="D."> <text>Appeals.</text> <paragraph num="(1)"> <text>An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="(2)"> <text>Appeals are conducted in accordance with the provisions of COMAR 13A.15.14.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> <chapter num="14" heading="Administrative Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact family child care registrations, such as registration denials, revocations, and suspensions, reductions in capacity, limitations on the ages or numbers of children who may be admitted to a family child care home, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, and the imposition of civil penalties for providing or advertising unregistered family child care services without a valid family child care certificate of registration.</text> </paragraph> <paragraph num="B."> <text>The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on those actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a family child care registration case is the final decision of the highest administrative authority in the case and thus is directly appealable to the circuit court in the jurisdiction where the family child care home is located, pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.</text> </paragraph> <paragraph num="(2)"> <text>“Appellant” means the individual requesting the hearing or appealing a decision, or that individual's legal representative.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an individual applying for a registration to operate a family child care home.</text> </paragraph> <paragraph num="(4)"> <text>“Capacity” means the number of day care children who may be in care at a family child care home at the same time.</text> </paragraph> <paragraph num="(5)"> <text>“Days” means calendar days.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>Emergency Action.</text> <paragraph num="(a)"> <text>"Emergency action" means an action which is effective immediately because of danger to children's health or safety.</text> </paragraph> <paragraph num="(b)"> <text>"Emergency action" may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, or an immediate restriction on which individuals can be alone with children in care.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Filed” means received in writing by the Office of Child Care.</text> </paragraph> <paragraph num="(9)"> <text>“Filing date” is the date a hearing request is received by the Office of Child Care.</text> </paragraph> <paragraph num="(10)"> <text>“Office” means the central office or a regional office of the Office of Child Care.</text> </paragraph> <paragraph num="(11)"> <text>“Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Party” means the appellant and the Office of Child Care.</text> </paragraph> <paragraph num="(13)"> <text>“Provider” means a person registered to provide family child care.</text> </paragraph> <paragraph num="(14)"> <text>“Registration” means a certificate issued by the Department which gives a person legal permission to operate a family child care home.</text> </paragraph> <paragraph num="(15)"> <text>“Superintendent” means the State Superintendent of Schools.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Hearing Requests."> <paragraph num="A."> <text>A hearing shall be held when:</text> <paragraph num="(1)"> <text>An applicant or provider requests a hearing to contest:</text> <paragraph num="(a)"> <text>The denial of an application for registration;</text> </paragraph> <paragraph num="(b)"> <text>A revocation or suspension of a registration; or</text> </paragraph> <paragraph num="(c)"> <text>Any other action that adversely impacts registration, including, but not limited to:</text> <paragraph num="(i)"> <text>The setting of a provider's capacity at a number below that requested;</text> </paragraph> <paragraph num="(ii)"> <text>A reduction in capacity; or</text> </paragraph> <paragraph num="(iii)"> <text>A limitation on the ages or numbers of children who may be admitted to the family child care home; or</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual requests a hearing to contest the imposition of civil penalties for providing unregistered child care or advertising family child care services without a valid family child care certificate of registration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Non-emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All non-emergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the provider or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.</text> </paragraph> <paragraph num="(3)"> <text>The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.</text> </paragraph> <paragraph num="(4)"> <text>A hearing decision shall be rendered by the Office of Administrative Hearings within 90 days of the filing date.</text> </paragraph> <paragraph num="(5)"> <text>Any non-emergency action is stayed if a hearing request is timely filed, unless the action is:</text> <paragraph num="(a)"> <text>A revocation which immediately follows an emergency suspension period; or</text> </paragraph> <paragraph num="(b)"> <text>A denial which follows the expiration of the provisional period of a registration that was issued on a provisional basis.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All emergency action hearing requests shall be filed with the Office within 30 days of the hand-delivery of the notice of the Office's action, and shall state the name and address of the provider, and the effective date and action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.</text> </paragraph> <paragraph num="(3)"> <text>A hearing shall be conducted within 7 days of the filing date of the hearing request.</text> </paragraph> <paragraph num="(4)"> <text>A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.</text> </paragraph> <paragraph num="(5)"> <text>The filing of a hearing request may not stay an emergency action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Preliminary Conference."> <paragraph num="A."> <text>A preliminary conference may be held before a hearing on an action if an appellant requests the conference.</text> </paragraph> <paragraph num="B."> <text>The conference is optional and does not replace the hearing process.</text> </paragraph> <paragraph num="C."> <text>The conference may be attended by a representative of the Office, the appellant, and the appellant's representative.</text> </paragraph> <paragraph num="D."> <text>The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial or Dismissal of a Hearing Request."> <paragraph num="A."> <text>The Office of Administrative Hearings may deny a request for a hearing if:</text> <paragraph num="(1)"> <text>The issue appealed is not one which adversely affects the registration of a family child care home; or</text> </paragraph> <paragraph num="(2)"> <text>The date of the request is not within the required time limits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office of Administrative Hearings may dismiss an appeal if the appellant:</text> <paragraph num="(1)"> <text>Withdraws the request in writing; or</text> </paragraph> <paragraph num="(2)"> <text>Without good cause, does not appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Hearing and Appeal Procedures."> <paragraph num="A."> <text>Notice to Appellant.</text> <paragraph num="(1)"> <text>For non-emergency hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.</text> </paragraph> <paragraph num="(2)"> <text>The notice to the appellant shall:</text> <paragraph num="(a)"> <text>Refer to the regulations governing the hearing procedure; and</text> </paragraph> <paragraph num="(b)"> <text>Advise the appellant of:</text> <paragraph num="(i)"> <text>The right to be represented by a lawyer;</text> </paragraph> <paragraph num="(ii)"> <text>The right to present documents and witnesses in support of the appeal;</text> </paragraph> <paragraph num="(iii)"> <text>Whom to call if the appellant cannot attend the hearing; and</text> </paragraph> <paragraph num="(iv)"> <text>The fact that failure to attend the hearing without good cause may lead to dismissal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rescheduling of Non-emergency Action Hearings. The appellant, the Office, or the Office of Administrative Hearings may request a change in the hearing date. If the Office of Administrative Hearings finds that good cause for delay exists, another date shall be set. The time limit for rendering a decision established by Regulation .03B(4) is extended by the period of delay due to a postponement requested by the appellant.</text> </paragraph> <paragraph num="C."> <text>Rescheduling of Emergency Action Hearings. Emergency action hearings may only be rescheduled by the Office of Administrative Hearings with the consent of both parties or on motion of a party, if substantial prejudice is demonstrated. Only one postponement of an emergency action hearing may be granted.</text> </paragraph> <paragraph num="D."> <text>The appellant may examine the appellant's family child care registration record for the purpose of discovering information pertinent to the appeal before the hearing.</text> </paragraph> <paragraph num="E."> <text>By agreement, the appellant and the Office may exchange witness lists and documents before the hearing.</text> </paragraph> <paragraph num="F."> <text>The procedures in §§D and E of this regulation do not constitute good cause for delay of a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conduct of Hearing."> <paragraph num="A."> <text>The hearing shall be conducted by an administrative law judge.</text> </paragraph> <paragraph num="B."> <text>At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.</text> </paragraph> <paragraph num="C."> <text>The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Decision."> <paragraph num="A."> <text>The administrative law judge shall:</text> <paragraph num="(1)"> <text>Base the decision on the complete record; and</text> </paragraph> <paragraph num="(2)"> <text>Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.</text> </paragraph> <paragraph num="C."> <text>The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.</text> </paragraph> <paragraph num="D."> <text>The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.</text> </paragraph> <paragraph num="E."> <text>A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.</text> </paragraph> <paragraph num="F."> <text>A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the circuit court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201 — 7-211.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted as an emergency provision effective</annotation> <annotation type="History" subtype="Administrative History">February 20, 1991 (18:5 Md. R. 587); emergency status expired August 20, 1991</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted effective September 2, 1991 (18:17 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.03 to 13A.14.03 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13A.14.03 to 13A.15.14 effective October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 12); December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="15" heading="Public Access to Licensing Records"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle that was alleged in the complaint has occurred or is occurring.</text> </paragraph> <paragraph num="(2)"> <text>“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.</text> </paragraph> <paragraph num="(3)"> <text>“Licensing records” means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the registering of a person or a family child care home to provide child care.</text> </paragraph> <paragraph num="(4)"> <text>“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of the Department's licensing records.</text> </paragraph> <paragraph num="(5)"> <text>“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency that requests inspection of, or information from, licensing records.</text> </paragraph> <paragraph num="(6)"> <text>“Sociological information” means any of the following information about a licensee or employee of a licensee:</text> <paragraph num="(a)"> <text>Social Security number;</text> </paragraph> <paragraph num="(b)"> <text>Personal address;</text> </paragraph> <paragraph num="(c)"> <text>Personal phone number;</text> </paragraph> <paragraph num="(d)"> <text>Information regarding marital status, dependents, or relatives; and</text> </paragraph> <paragraph num="(e)"> <text>Information regarding employment status, including employment application.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Unsubstantiated complaint” means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Information from Licensing Records."> <paragraph num="A."> <text>Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:</text> <paragraph num="(1)"> <text>Findings of inspections conducted by the office in registered family child care homes;</text> </paragraph> <paragraph num="(2)"> <text>Records of complaint forms pertaining to confirmed or unsubstantiated complaints;</text> </paragraph> <paragraph num="(3)"> <text>Copies of certificates of registration, including those on provisional or conditional status;</text> </paragraph> <paragraph num="(4)"> <text>Variances;</text> </paragraph> <paragraph num="(5)"> <text>Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;</text> </paragraph> <paragraph num="(6)"> <text>Correspondence and documents pertaining to enforcement actions taken by the Department or office against a family child care provider or a family child care home, including denial letters, sanctions, emergency suspensions, and revocations; and</text> </paragraph> <paragraph num="(7)"> <text>Correspondence regarding requests for inspection of licensing records under this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:</text> <paragraph num="(1)"> <text>To public employees in the performance of their public duties;</text> </paragraph> <paragraph num="(2)"> <text>To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or</text> </paragraph> <paragraph num="(3)"> <text>When required by a duly issued subpoena.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Information from Licensing Records."> <paragraph num="A."> <text>A written request shall be filed with the custodian of record in order to:</text> <paragraph num="(1)"> <text>Conduct a physical inspection of licensing records; or</text> </paragraph> <paragraph num="(2)"> <text>Obtain a written or electronic:</text> <paragraph num="(a)"> <text>Copy of licensing records; or</text> </paragraph> <paragraph num="(b)"> <text>Report of information from licensing records that the official custodian of records does not already make available to the general public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The written request shall:</text> <paragraph num="(1)"> <text>Contain the applicant’s name, address, and telephone number; and</text> </paragraph> <paragraph num="(2)"> <text>Reasonably identify by brief description the record sought.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian of record may charge a reasonable fee for:</text> <paragraph num="(1)"> <text>The reproduction of documents sought;</text> </paragraph> <paragraph num="(2)"> <text>Official or employee time expended searching for requested records; or</text> </paragraph> <paragraph num="(3)"> <text>Any time expended in preparing records for inspection or copying.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compelling Public Purpose."> <text>A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §4-333(b), Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)</annotation> </annotations> </chapter> </subtitle> <subtitle num="16" heading="Child Care Centers"> <chapter num="01" heading="Scope and Definitions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Applicability of Subtitle. Except as specified at §B of this regulation, this subtitle governs nonparental care of children for part of a 24-hour day not in the child's own home, in a group setting such as a child care center, preschool, child development center, nursery school, before-school and after-school program, school age child care, or early learning center, by whatever name known, under private nonprofit, proprietary, public, and religious auspices.</text> </paragraph> <paragraph num="B."> <text>Exemptions. This subtitle does not apply to:</text> <paragraph num="(1)"> <text>A family child care home registered under COMAR 13A.15;</text> </paragraph> <paragraph num="(2)"> <text>A facility that offers or provides a residential placement for a child under Family Law Article, Title 5, Subtitle 5, or Health-General Article, Title 6 or 10, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>A youth camp, as defined by Health-General Article, §14-401(o), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>A child care service operated by the federal government or on federal property;</text> </paragraph> <paragraph num="(5)"> <text>A public school during the hours in which an instructional program is offered;</text> </paragraph> <paragraph num="(6)"> <text>A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered;</text> </paragraph> <paragraph num="(7)"> <text>A nonpublic elementary school during the hours in which an instructional program is offered;</text> </paragraph> <paragraph num="(8)"> <text>Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals;</text> </paragraph> <paragraph num="(9)"> <text>The physical plant, including sanitary facilities, of a child care center exclusively for school age children, located in a currently operating public or nonpublic school building, if the application of the regulation would require modification of the physical plant;</text> </paragraph> <paragraph num="(10)"> <text>Programs that operate for 6 weeks or less in any calendar year; or</text> </paragraph> <paragraph num="(11)"> <text>The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:</text> <paragraph num="(a)"> <text>Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or</text> </paragraph> <paragraph num="(b)"> <text>Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Abuse.</text> <paragraph num="(a)"> <text>“Abuse” means the physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:</text> <paragraph num="(i)"> <text>A parent;</text> </paragraph> <paragraph num="(ii)"> <text>An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or</text> </paragraph> <paragraph num="(iii)"> <text>A household or family member.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Abuse” includes sexual abuse of a child, whether physical injuries are sustained or not.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Acute illness” means an abnormal condition of the body with rapid onset accompanied by abnormal symptoms and signs, that has a short course of duration, as opposed to a chronic illness of long duration.</text> </paragraph> <paragraph num="(3)"> <text>“Acute illness center” means a child care center which is exclusively for the temporary care of children who are ill and cannot attend their usual child care or school.</text> </paragraph> <paragraph num="(4)"> <text>“Adolescent center” means a child care center that offers programs exclusively to children in middle school.</text> </paragraph> <paragraph num="(5)"> <text>“Agency” means the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.</text> </paragraph> <paragraph num="(6)"> <text>“Agency representative” means an individual designated by the Agency to determine compliance with this subtitle.</text> </paragraph> <paragraph num="(7)"> <text>“Applicant” means a person who has submitted to the office all of the required forms and documentation to request approval for licensure either for an initial license or for a continuing license.</text> </paragraph> <paragraph num="(8)"> <text>“Approved continued training” means training, including but not limited to workshops, seminars, and conferences, that is:</text> <paragraph num="(a)"> <text>Approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>Used by child care center staff members to maintain the employment qualifications required by COMAR 13A.16.06.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Approved Montessori school” means an educational program in a nonpublic nursery school that has been validated by a Montessori validating organization as meeting, at a minimum, Montessori school standards regarding teacher qualifications, written curriculum, instructional methods, and materials and equipment.</text> </paragraph> <paragraph num="(10)"> <text>“Approved preservice training” means training that is:</text> <paragraph num="(a)"> <text>Approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>Used to meet initial employment qualifications required by COMAR 13A.16.06 for child care center staff members.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Assistant Child Care Teacher.</text> <paragraph num="(a)"> <text>“Assistant child care teacher” means a staff member who:</text> <paragraph num="(i)"> <text>Is responsible for helping a child care teacher in a school age child care program; and</text> </paragraph> <paragraph num="(ii)"> <text>Meets the requirements of COMAR 13A.16. 06.11.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Assistant child care teacher” includes a staff member known before July 1, 2008, as an assistant group leader.</text> </paragraph> </paragraph> <paragraph num="(11-1)"> <text>Cannabis.</text> <paragraph num="(a)"> <text>“Cannabis” means the plant cannabis sativa L. and any part of the plant, including:</text> <paragraph num="(i)"> <text>All derivatives;</text> </paragraph> <paragraph num="(ii)"> <text>Extracts;</text> </paragraph> <paragraph num="(iii)"> <text>Cannabinoids;</text> </paragraph> <paragraph num="(iv)"> <text>Isomers;</text> </paragraph> <paragraph num="(v)"> <text>Acids;</text> </paragraph> <paragraph num="(vi)"> <text>Salts; and</text> </paragraph> <paragraph num="(vii)"> <text>Salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry weight basis.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Cannabis” includes any product that is composed of cannabis, cannabis concentrate, or cannabis extract, including but not limited to cannabis vaporizing devices, concentrated cannabis products, edible cannabis products, and any usable cannabis products.</text> </paragraph> <paragraph num="(c)"> <text>“Cannabis” does not include hemp or hemp products, as defined in Agriculture Article, §14-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Capacity” means the total number of children specified by the license of the center who may be in care at any one time.</text> </paragraph> <paragraph num="(13)"> <text>“Child” means an individual:</text> <paragraph num="(a)"> <text>6 weeks old or older and younger than 16 years old; or</text> </paragraph> <paragraph num="(b)"> <text>Younger than 21 years old who has a disabling condition or other emotional, developmental, physical, educational, or medical need necessitating child care beyond 16 years old.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Child Care.</text> <paragraph num="(a)"> <text>“Child care” means the care or supervision of a child when the child's parent has given the child's care over to another for some portion of a 24-hour day as a supplement to the parent's primary care of the child.</text> </paragraph> <paragraph num="(b)"> <text>“Child care” does not mean:</text> <paragraph num="(i)"> <text>A before-school or after-school activity conducted or sponsored by a public or nonpublic school that is approved or exempt from approval by the Maryland State Department of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Scouting, sports, or youth club activities;</text> </paragraph> <paragraph num="(iii)"> <text>School-age recreational or supplementary education programs operated by a local department of recreation and parks, law enforcement agency, or a public or nonpublic school, if custodial supervision is not the primary purpose of the program;</text> </paragraph> <paragraph num="(iv)"> <text>Supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children; or</text> </paragraph> <paragraph num="(v)"> <text>Programs primarily designed for the religious training of children, provided on a weekly basis or for a short period in the summer, commonly known as Sunday schools or Bible schools.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(15)"> <text>Child Care Center.</text> <paragraph num="(a)"> <text>“Child care center” means an agency, institution, or establishment that, on a regular schedule for at least 2 days per week and for at least 2 hours per day, or on a 24-hour basis, offers or provides child care to children who do not have the same parentage, except as otherwise provided for in law or regulation.</text> </paragraph> <paragraph num="(b)"> <text>“Child care center” includes:</text> <paragraph num="(i)"> <text>A nonpublic nursery school approved under Education Article, §2-206, Annotated Code of Maryland, in which an educational program is offered or provided for children who are 2 years old or older but younger than 5 years old;</text> </paragraph> <paragraph num="(ii)"> <text>A facility providing specialized training in a specific discipline or subject that also offers a child-related service such as, but not limited to, transportation, free play, meals or snacks, tutoring, or homework sessions; and</text> </paragraph> <paragraph num="(iii)"> <text>Child care operated by a State or local government agency.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Child care center” may offer more than one type of program or care.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>Child Care Teacher.</text> <paragraph num="(a)"> <text>“Child care teacher” means a staff member who:</text> <paragraph num="(i)"> <text>Is responsible for supervising a child care activity or a group of children in care; and</text> </paragraph> <paragraph num="(ii)"> <text>Meets the requirements of COMAR 13A.16.06.09 or .10, as applicable.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Child care teacher” includes a staff member known before July 1, 2008, as:</text> <paragraph num="(i)"> <text>Senior staff, if working with infants, toddlers, or preschoolers; or</text> </paragraph> <paragraph num="(ii)"> <text>Group leader, if working with school age children.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Combined preschool and school age center” means a child care center that serves both preschool children and school age children, whether in separate groups or mixed age groups.</text> </paragraph> <paragraph num="(18)"> <text>“Continuing license” means a child care center license that does not expire.</text> </paragraph> <paragraph num="(19)"> <text>“Core of knowledge training” means training in any of the following topics that has been approved by the Office as meeting Maryland Child Care Credential Program requirements:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Health, safety, and nutrition;</text> </paragraph> <paragraph num="(d)"> <text>Special needs;</text> </paragraph> <paragraph num="(e)"> <text>Professionalism; and</text> </paragraph> <paragraph num="(f)"> <text>Community.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>Custodial Supervision.</text> <paragraph num="(a)"> <text>“Custodial supervision” means parentally authorized oversight of a child by an individual other than the child's parent or guardian.</text> </paragraph> <paragraph num="(b)"> <text>“Custodial supervision” includes responsibility for:</text> <paragraph num="(i)"> <text>The well-being and the whereabouts of the child for a given period of time; and</text> </paragraph> <paragraph num="(ii)"> <text>Direct transfer of the custody of the child from and to an authorized person.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Custodial supervision” does not include the oversight of a child who is participating in a specific activity, such as scouting, sports, or youth clubs.</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(22)"> <text>“Drop-in center” means a child care center which only provides care to children on an intermittent and occasional basis for less than 4 hours a day.</text> </paragraph> <paragraph num="(23)"> <text>“Educational program” means a program of instruction as defined by the State Board of Education.</text> </paragraph> <paragraph num="(24)"> <text>“Elective training” means training taken from an approved source such as a national conference or seminar that is not necessarily core of knowledge training.</text> </paragraph> <paragraph num="(25)"> <text>Employee.</text> <paragraph num="(a)"> <text>“Employee” means an individual:</text> <paragraph num="(i)"> <text>Who is employed by the center operator to work at or for the center; and</text> </paragraph> <paragraph num="(ii)"> <text>Whose work assignment involves the care or supervision of children in the facility or access to children who are cared for or supervised in the facility.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Employee” does not include an individual who:</text> <paragraph num="(i)"> <text>Is an independent contractor; or</text> </paragraph> <paragraph num="(ii)"> <text>Provides a consultative health service pursuant to COMAR 13A.16.06.14C.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>For the purpose of applying the criminal background check requirements and the child and adult abuse and neglect record review requirements set forth in this subtitle, employee includes any individual who:</text> <paragraph num="(i)"> <text>Meets the definition of an employee as set forth in this subsection; and</text> </paragraph> <paragraph num="(ii)"> <text>Does not clearly meet, or is not excluded from, the definition of independent contractor set forth in §B(30) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Family child care” means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old, in place of parental care for less than 24 hours a day, in a residence other than the child's residence and for which the provider is paid, in accordance with Education Article, §9.5-301(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(27)"> <text>“Group” means a unit of children together with the staff assigned to them.</text> </paragraph> <paragraph num="(28)"> <text>“Health officer” means the health officer in each of the 23 counties and the Commissioner of Health in Baltimore City, or the duly designated representative of the health officer, or both, and refers to the health officer in the jurisdiction where the center is or will be located.</text> </paragraph> <paragraph num="(29)"> <text>“Identified as responsible for child abuse or neglect” means being determined by a local department of social services or other state agency to be responsible for indicated child abuse or neglect, or awaiting the local department's appeal hearing after the determination.</text> </paragraph> <paragraph num="(30)"> <text>Independent Contractor.</text> <paragraph num="(a)"> <text>“Independent contractor” means an individual or entity:</text> <paragraph num="(i)"> <text>That is hired by the center operator or by another party, on the basis of a service contract or agreement, to perform a specialized service at the center, including but not limited to food catering, child transportation, facility maintenance or repair, or supplemental recreational programming, for a specified period of time or in order to achieve a specified result;</text> </paragraph> <paragraph num="(ii)"> <text>That determines how the specialized service shall be performed; and</text> </paragraph> <paragraph num="(iii)"> <text>Whose specialized service is not restricted to the center, but is available for hire by other customers.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Independent contractor” does not include an individual who:</text> <paragraph num="(i)"> <text>Provides a consultative health service pursuant to COMAR 13A.16.06.14C;</text> </paragraph> <paragraph num="(ii)"> <text>Under a private arrangement with the parent or guardian of a child or children in care, provides a health care, academic, or other service only to that child or those children; or</text> </paragraph> <paragraph num="(iii)"> <text>Is employed for compensation by a public school or by a private or nonpublic school required to report annually to the State Board of Education.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(31)"> <text>“Infant” means a child 6 weeks old or older but younger than 18 months old.</text> </paragraph> <paragraph num="(32)"> <text>“Infant-toddler center” means a child care center which offers programs only for children younger than 2 years old.</text> </paragraph> <paragraph num="(33)"> <text>“Injurious treatment” means:</text> <paragraph num="(a)"> <text>Physical discipline, including but not limited to spanking, hitting, shaking, or any other means of physical discipline, or enforcement of acts which result in physical pain;</text> </paragraph> <paragraph num="(b)"> <text>Failure to attend to a child's physical needs and other physically damaging acts, excluding reasonable acts to protect the child from imminent danger;</text> </paragraph> <paragraph num="(c)"> <text>Subjecting a child to verbal abuse intended to cause mental distress, such as shouting, cursing, shaming, threatening, or ridiculing; and</text> </paragraph> <paragraph num="(d)"> <text>Using discipline methods which create undue discomfort, such as washing a child's mouth with soap, putting pepper or other spicy or distasteful items in a child's mouth, requiring a child to stand on one foot as punishment, or tying a child to a cot or other equipment.</text> </paragraph> </paragraph> <paragraph num="(33-1)"> <text>“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(34)"> <text>“Kindergarten” means an educational program for children who are 5 years old, or who will be 5 years old by September 1 of the year they enter the program, provided in a:</text> <paragraph num="(a)"> <text>Public school or a nonpublic school approved by the State Department of Education; or</text> </paragraph> <paragraph num="(b)"> <text>Nonpublic school operated by a tax-exempt religious organization which holds a letter of exemption from approval by the State Board of Education under Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“License” means the document issued to a licensee by the Department, which gives permission to operate a child care center in accordance with this subtitle.</text> </paragraph> <paragraph num="(36)"> <text>“Licensee” means an individual or a partnership, group, association, cooperative, or corporation which has the legal authority and responsibility for governing and operating a center and for compliance with this subtitle.</text> </paragraph> <paragraph num="(37)"> <text>“Local department” means the department of social services, by whatever name known, in any of Maryland's 24 local jurisdictions.</text> </paragraph> <paragraph num="(38)"> <text>“Mental injury” means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.</text> </paragraph> <paragraph num="(39)"> <text>“Montessori validating organization” means an entity that is constituted to determine if an educational program meets Montessori school standards and is recognized by the Department as qualified for that purpose.</text> </paragraph> <paragraph num="(40)"> <text>Neglect.</text> <paragraph num="(a)"> <text>“Neglect” means leaving a child unattended or otherwise failing to give proper care and attention to a child by the child's parents, guardian, or custodian under circumstances that indicate that the child's health or welfare is significantly harmed or placed at risk of significant harm.</text> </paragraph> <paragraph num="(b)"> <text>“Neglect” does not include, for that reason alone, providing a child with nonmedical religious remedial care and treatment recognized by State law in place of medical treatment for a child's injuries or illnesses.</text> </paragraph> </paragraph> <paragraph num="(41)"> <text>“Nursery school” means an educational program:</text> <paragraph num="(a)"> <text>For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and</text> </paragraph> <paragraph num="(b)"> <text>That, unless approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day.</text> </paragraph> </paragraph> <paragraph num="(42)"> <text>“Office” means the central office or a regional office of the Agency.</text> </paragraph> <paragraph num="(43)"> <text>“Operated by a tax-exempt religious organization” means that the operator is a church or bona fide house of worship or has submitted a copy of the determination letter from the Internal Revenue Service which recognizes the organization as exempt from taxation under the Internal Revenue Code of 1954, 26 U.S.C. §501(c)(3).</text> </paragraph> <paragraph num="(44)"> <text>“Operator” means a licensee or an agent of a licensee.</text> </paragraph> <paragraph num="(45)"> <text>“Parent” means the biological or adoptive parent or the legal guardian or custodian of a child, who enrolls the child in child care.</text> </paragraph> <paragraph num="(46)"> <text>Potentially Hazardous Food.</text> <paragraph num="(a)"> <text>“Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients capable of supporting rapid and progressive growth of infectious, toxigenic microorganisms.</text> </paragraph> <paragraph num="(b)"> <text>“Potentially hazardous food” does not include clean, whole, uncracked, odor-free shell eggs.</text> </paragraph> </paragraph> <paragraph num="(47)"> <text>“Preschool center”" means a child care center which offers programs for children younger than 5 years old.</text> </paragraph> <paragraph num="(48)"> <text>“Preschooler” means a child who:</text> <paragraph num="(a)"> <text>Is 2 years old or older; and</text> </paragraph> <paragraph num="(b)"> <text>Does not attend kindergarten or a higher grade.</text> </paragraph> </paragraph> <paragraph num="(49)"> <text>“Professional development plan” means the written instrument for tracking continued training that is:</text> <paragraph num="(a)"> <text>Distributed by the office; and</text> </paragraph> <paragraph num="(b)"> <text>To be completed annually by each staff member in a child care center.</text> </paragraph> </paragraph> <paragraph num="(50)"> <text>“Sanction” means an enforcement action under this subtitle.</text> </paragraph> <paragraph num="(51)"> <text>“Sanitization” means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for a sufficient period of time to destroy vegetative cells of pathogenic bacteria and to reduce substantially the number of other microorganisms.</text> </paragraph> <paragraph num="(52)"> <text>“School age center” means a child care center which offers programs to children who attend a public or nonpublic school in kindergarten or grades 1—12.</text> </paragraph> <paragraph num="(53)"> <text>“School age child” means a child younger than 16 years old who attends a public or nonpublic school in grades kindergarten or above.</text> </paragraph> <paragraph num="(54)"> <text>School Building.</text> <paragraph num="(a)"> <text>“School building” means a facility that houses:</text> <paragraph num="(i)"> <text>A nursery school;</text> </paragraph> <paragraph num="(ii)"> <text>An instructional program for kindergarten, a higher grade or grades, or any combination of grades; or</text> </paragraph> <paragraph num="(iii)"> <text>A combination of the entities specified in §B(54)(a)(i) and (ii) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“School building” does not include a church or other facility that houses only:</text> <paragraph num="(i)"> <text>A program for preschoolers; or</text> </paragraph> <paragraph num="(ii)"> <text>A before- and after-school program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(55)"> <text>“Small center” means a child care center which is:</text> <paragraph num="(a)"> <text>Located in a private residence; and</text> </paragraph> <paragraph num="(b)"> <text>Licensed for 12 or fewer children.</text> </paragraph> </paragraph> <paragraph num="(56)"> <text>“Staff member” means an individual 16 years old or older, whether paid or not, who is assigned responsibility for child care in a child care center and whose assignment helps to maintain the staff/child ratios required by COMAR 13A.16.08.03.</text> </paragraph> <paragraph num="(57)"> <text>“Successfully passed” means, when used in connection with:</text> <paragraph num="(a)"> <text>A criminal background check, that an individual:</text> <paragraph num="(i)"> <text>Has not received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at COMAR 13A.16.06.03A; or</text> </paragraph> <paragraph num="(ii)"> <text>If having received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime not listed at COMAR 13A.16.06.03A, has been assessed by the office as suitable for employment pursuant to COMAR 13A.16.06.03B; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A review of records of abuse and neglect of children or adults, that if an individual is:</text> <paragraph num="(i)"> <text>An employee of, or applying for employment by, a child care center, the individual has been assessed by the office as being suitable for employment, pursuant to COMAR 13A.16.06.03B; or</text> </paragraph> <paragraph num="(ii)"> <text>An independent contractor, the individual has not been identified as responsible for the abuse or neglect of a child.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(58)"> <text>“Superintendent” means the State Superintendent of Schools or the Superintendent's designee.</text> </paragraph> <paragraph num="(59)"> <text>“Toddler” means a child 18 months old or older but younger than 2 years old.</text> </paragraph> <paragraph num="(59-1)"> <text>“Vaping” means using a device that can deliver aerosolized or vaporized products, including but not limited to nicotine and cannabis, to an individual inhaling from the device.</text> </paragraph> <paragraph num="(60)"> <text>“Volunteer” means an individual who:</text> <paragraph num="(a)"> <text>Is 13 years old or older;</text> </paragraph> <paragraph num="(b)"> <text>Works in or for a child care center but is not a compensated employee of the center;</text> </paragraph> <paragraph num="(c)"> <text>Is not counted by the child care center toward maintenance of the staff/child ratios required by this chapter; and</text> </paragraph> <paragraph num="(d)"> <text>Is not enrolled as a child in care at the child care center.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 618); March 21, 2011 (38:6 Md. R. 396); January 23, 2012 (39:1 Md. R, 20); June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14); April 18, 2022 (49:7 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="02" heading="License Application and Maintenance"> <regulation prefix="Regulation" num=".01" heading="License — General Requirements."> <paragraph num="A."> <text>Requirement to be Licensed. A person, organization, agency, corporation, or other entity which operates a child care center, as defined in this chapter, is required to be licensed or to hold a letter of compliance in accordance with this subtitle or with COMAR 13A.17, as applicable.</text> </paragraph> <paragraph num="B."> <text>Nursery School or Child Care Center Operated by a Tax-Exempt Religious Organization.</text> <paragraph num="(1)"> <text>Except as provided by §B(2) or (3), as applicable, of this regulation, a tax-exempt religious organization that wishes to operate a nursery school or a child care center shall apply to become licensed, and shall meet all applicable requirements, under this subtitle.</text> </paragraph> <paragraph num="(2)"> <text>If the tax-exempt religious organization plans to operate a nursery school or a child care center in a school building that exclusively serves children who are enrolled in that school, the organization may apply for a:</text> <paragraph num="(a)"> <text>Child care center license under this subtitle; or</text> </paragraph> <paragraph num="(b)"> <text>Letter of compliance under COMAR 13A.17.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In a nursery school or child care center located in a school building exclusively for children enrolled in that school and operated by a tax-exempt religious organization, the following regulations of this subtitle do not apply:</text> <paragraph num="(a)"> <text>COMAR 13A.16.03.05C(1) and (2) concerning staff records;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 13A.16.06.05—.12 concerning professional qualifications and training requirements for child care staff and the director, principal, or administrator of the program; and</text> </paragraph> <paragraph num="(c)"> <text>COMAR 13A.16.09.01, .03B(1) and (2), and .03C concerning the program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Approved Montessori School.</text> <paragraph num="(1)"> <text>Except as set forth at §C(2) of this regulation, an approved Montessori school shall meet all applicable requirements of this subtitle regarding:</text> <paragraph num="(a)"> <text>Child health and safety;</text> </paragraph> <paragraph num="(b)"> <text>The provision of child care; and</text> </paragraph> <paragraph num="(c)"> <text>An educational program in a nonpublic nursery school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following regulations under this subtitle do not apply to an approved Montessori school:</text> <paragraph num="(a)"> <text>COMAR 13A.16.02.03C(4) concerning an annual fire inspection, if the school has documentation verifying compliance with fire safety regulations applicable to a nonpublic nursery school pursuant to COMAR 13A.09.09.11A;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 13A.16.06.05B(4) concerning the preservice training requirement for directors;</text> </paragraph> <paragraph num="(c)"> <text>COMAR 13A.16.06.09A(3) concerning qualification requirements for a child care teacher in a preschool center;</text> </paragraph> <paragraph num="(d)"> <text>COMAR 13A.16.06.09C(1) concerning the core of knowledge completion requirement for continued training;</text> </paragraph> <paragraph num="(e)"> <text>COMAR 13A.16.06.10B(1)(a) concerning the requirement for preservice training; and</text> </paragraph> <paragraph num="(f)"> <text>COMAR 13A.16.09.01A(4) concerning the requirements for a balanced schedule of daily activities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A license is nontransferable and remains the property of the office.</text> </paragraph> <paragraph num="E."> <text>The operator shall post the license at a location in the center where it can easily be seen and read whenever parents or others visit the center.</text> </paragraph> <paragraph num="F."> <text>The operator shall surrender the license to the office immediately if any of the following occurs or becomes effective:</text> <paragraph num="(1)"> <text>The operator closes the center permanently;</text> </paragraph> <paragraph num="(2)"> <text>The license is revoked;</text> </paragraph> <paragraph num="(3)"> <text>The license is suspended; or</text> </paragraph> <paragraph num="(4)"> <text>The license expires, and the:</text> <paragraph num="(a)"> <text>Application for a continuing license is denied; or</text> </paragraph> <paragraph num="(b)"> <text>Operator has not applied for a continuing license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>A center approved by the office before July 1, 2008, for the concurrent operation of more than one type of child care program may continue to be used to operate those programs, except that, while concurrent approvals are in effect, the office may not approve a request by the operator for:</text> <paragraph num="(1)"> <text>An increase in child capacity;</text> </paragraph> <paragraph num="(2)"> <text>A change in the hours of operation;</text> </paragraph> <paragraph num="(3)"> <text>A change in the ages of children served;</text> </paragraph> <paragraph num="(4)"> <text>A change in the approved child care area; or</text> </paragraph> <paragraph num="(5)"> <text>A variance to a regulation under this subtitle.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Effective January 1, 2012, the office may not:</text> <paragraph num="(1)"> <text>Accept an application for an initial license as a small center; or</text> </paragraph> <paragraph num="(2)"> <text>Issue a license to operate a small center, except that a license may be issued to:</text> <paragraph num="(a)"> <text>An applicant for a license from whom the office received the license application before January 1, 2012; or</text> </paragraph> <paragraph num="(b)"> <text>An operator already licensed to operate a small center before January 1, 2012.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>The operator may not allow an employee, staff member, substitute, or volunteer to:</text> <paragraph num="(1)"> <text>Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or</text> </paragraph> <paragraph num="(2)"> <text>Be alone with a child or group of children until all checks have been successfully passed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Initial License."> <paragraph num="A."> <text>An individual or organization not currently licensed and wanting to operate a child care center shall:</text> <paragraph num="(1)"> <text>Complete an orientation to child care center licensing regulations that is offered or approved by the office;</text> </paragraph> <paragraph num="(2)"> <text>File a notice of intent with the office before applying for permits in connection with construction or operation of a center;</text> </paragraph> <paragraph num="(3)"> <text>Submit to the office at least 60 days before the proposed opening date a completed and signed application form, supplied by the office, that contains a statement of truthfulness and commitment to comply with this subtitle;</text> </paragraph> <paragraph num="(4)"> <text>Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and</text> </paragraph> <paragraph num="(5)"> <text>Ensure that an application for a federal and State criminal background check is submitted for:</text> <paragraph num="(a)"> <text>The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;</text> </paragraph> <paragraph num="(b)"> <text>The director;</text> </paragraph> <paragraph num="(c)"> <text>Each employee, including substitutes and volunteers; and</text> </paragraph> <paragraph num="(d)"> <text>Each individual 18 years old or older living on the child care center premises.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted:</text> <paragraph num="(1)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:</text> <paragraph num="(a)"> <text>The director;</text> </paragraph> <paragraph num="(b)"> <text>Each employee, including substitutes and volunteers;</text> </paragraph> <paragraph num="(c)"> <text>Each individual 18 years old or older living on the same premises as the child care center;</text> </paragraph> <paragraph num="(d)"> <text>The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and</text> </paragraph> <paragraph num="(e)"> <text>Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Evidence of compliance with all applicable zoning and building codes;</text> </paragraph> <paragraph num="(3)"> <text>Site plans;</text> </paragraph> <paragraph num="(4)"> <text>Floor plans with architectural details;</text> </paragraph> <paragraph num="(5)"> <text>A written plan of operation;</text> </paragraph> <paragraph num="(6)"> <text>Workers' Compensation insurance information;</text> </paragraph> <paragraph num="(7)"> <text>Fire evacuation plan;</text> </paragraph> <paragraph num="(8)"> <text>A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;</text> </paragraph> <paragraph num="(9)"> <text>A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;</text> </paragraph> <paragraph num="(10)"> <text>Menu for 4 weeks;</text> </paragraph> <paragraph num="(11)"> <text>A written child discipline policy; and</text> </paragraph> <paragraph num="(12)"> <text>All other documentation required by law or regulation, including but not limited to:</text> <paragraph num="(a)"> <text>Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and</text> </paragraph> <paragraph num="(b)"> <text>Building use and occupancy permits.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(4) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for a child care center license, the individual shall:</text> <paragraph num="(1)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(2)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Continuing License."> <paragraph num="A."> <text>Obtaining a Continuing License. An operator shall submit to the office, before expiration of the initial license:</text> <paragraph num="(1)"> <text>A request for a continuing license, on a form supplied by the office;</text> </paragraph> <paragraph num="(2)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may not approve a continuing license until:</text> <paragraph num="(1)"> <text>All items specified in §A of this regulation have been received and approved by the office; and</text> </paragraph> <paragraph num="(2)"> <text>The center has passed a fire safety inspection conducted by the local fire authority having jurisdiction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maintaining a Continuing License.</text> <paragraph num="(1)"> <text>The operator shall comply with all applicable requirements under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>By the end of each 12-month period after the date of issuance of a continuing license, the operator shall provide to the office documentation of compliance with applicable continued training requirements set forth at COMAR 13A.16.06.05—.12.</text> </paragraph> <paragraph num="(3)"> <text>By the end of each 24-month period after the date of issuance of a continuing license, the operator shall provide to the office:</text> <paragraph num="(a)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The child care center shall maintain documentation of having passed the most recent fire inspection required by the local fire authority having jurisdiction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Provisional and Conditional Status."> <paragraph num="A."> <text>Provisional Status.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation. to allow an applicant for an initial or a continuing license additional time to meet all applicable requirements, the Office may approve an initial or a continuing license on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.</text> </paragraph> <paragraph num="(2)"> <text>An initial license may not be approved if the Office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(4) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.</text> </paragraph> <paragraph num="(3)"> <text>At the end of the provisional period, if all requirements for the initial or continuing license are not met due to:</text> <paragraph num="(a)"> <text>Failure by the applicant to take an action necessary to achieve compliance, the Office shall deny the application for license; or</text> </paragraph> <paragraph num="(b)"> <text>Circumstances beyond the control of the applicant, the Office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the Office denies a license at the end of the provisional period, the applicant or operator does not have a valid license and shall cease operating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Conditional Status.</text> <paragraph num="(1)"> <text>If an operator who holds a continuing license fails to remedy a violation as required, the Office may place the license on conditional status for:</text> <paragraph num="(a)"> <text>A period of up to 120 days; and</text> </paragraph> <paragraph num="(b)"> <text>Upon approval by the Agency's central office, an additional period of up to 120 days.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon placing a continuing license on conditional status, the Office shall issue to the operator a revised license that states the:</text> <paragraph num="(a)"> <text>Placement of the license on conditional status;</text> </paragraph> <paragraph num="(b)"> <text>Period of time of the conditional status; and</text> </paragraph> <paragraph num="(c)"> <text>Requirements for lifting the conditional status.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Immediately upon receipt of the revised license, the operator shall:</text> <paragraph num="(a)"> <text>Remove from display in the center the continuing license that was originally issued; and</text> </paragraph> <paragraph num="(b)"> <text>Display the revised license as required by Regulation .01E of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the Office shall promptly:</text> <paragraph num="(a)"> <text>Discontinue the conditional status; and</text> </paragraph> <paragraph num="(b)"> <text>Notify the operator to redisplay the original continuing license.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the operator fails to satisfy all requirements for lifting the conditional status within the specified period of time, the Office may suspend or revoke the continuing license.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Response of the Office to Application."> <paragraph num="A."> <text>Upon receiving a completed application, whether for an initial license or a continuing license, and all documentation required by law or regulation, the office shall determine compliance with the requirements of this chapter by:</text> <paragraph num="(1)"> <text>Evaluating the application and required documentation; and</text> </paragraph> <paragraph num="(2)"> <text>Inspecting the:</text> <paragraph num="(a)"> <text>Facility proposed for use as a child care center, if the application is for an initial license; or</text> </paragraph> <paragraph num="(b)"> <text>Child care center, if the application is for a continuing license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Except as specified at §C of this regulation, the office shall, within 30 days after completing the procedures in §A of this regulation:</text> <paragraph num="(1)"> <text>For an initial license application:</text> <paragraph num="(a)"> <text>Issue an initial license;</text> </paragraph> <paragraph num="(b)"> <text>Issue an initial license with provisional status; or</text> </paragraph> <paragraph num="(c)"> <text>Deny an initial license; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a continuing license application, issue or deny a continuing license.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office may not issue an initial license until child care staff, sufficient in number to meet the staff/child ratio and group size requirements of COMAR 13A.16.08.03 as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Denial of License."> <paragraph num="A."> <text>An office may deny an application for an initial license or a continuing license if:</text> <paragraph num="(1)"> <text>The applicant or the building in which child care is provided fails to meet the requirements of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;</text> </paragraph> <paragraph num="(3)"> <text>The applicant has a history of regulatory violations which demonstrates an inability to provide for the health or safety of children;</text> </paragraph> <paragraph num="(4)"> <text>The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;</text> </paragraph> <paragraph num="(5)"> <text>The applicant prevents the office from completing its responsibilities for licensing;</text> </paragraph> <paragraph num="(6)"> <text>An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(4) and .02B(1) of this chapter, behavior harmful to children; or</text> </paragraph> <paragraph num="(7)"> <text>The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:</text> <paragraph num="(a)"> <text>Substantial, credible evidence of the applicant's abuse of alcohol or controlled dangerous substances, mental instability, or other condition; or</text> </paragraph> <paragraph num="(b)"> <text>Other pertinent information received by the office which creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the office denies an application, the office shall notify the applicant in writing by certified mail of the denial, stating the:</text> <paragraph num="(1)"> <text>Reason for denial;</text> </paragraph> <paragraph num="(2)"> <text>Specific regulation with which the applicant has failed to comply that is the basis for the denial;</text> </paragraph> <paragraph num="(3)"> <text>Applicant's right to request a hearing; and</text> </paragraph> <paragraph num="(4)"> <text>Procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Denial Before Complete Application.</text> <paragraph num="(1)"> <text>The office may deny an application for an initial or a continuing license at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G adopted effective January 23, 2012 (39:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01I adopted effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 618); November 13, 2023 (MD. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="03" heading="Management and Administration"> <regulation prefix="Regulation" num=".01" heading="Multi-Site Centers."> <text>A child care center may have more than one location and may be treated as one center for purposes of this subtitle only if:</text> <paragraph num="A."> <text>The buildings:</text> <paragraph num="(1)"> <text>Function as one integrated center, are in close proximity such as across the street or on the same campus, and are connected by an intercom system; and</text> </paragraph> <paragraph num="(2)"> <text>Are under the supervision of one director; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>Two or more locations:</text> <paragraph num="(1)"> <text>Are administered by one central administration with one ownership; and</text> </paragraph> <paragraph num="(2)"> <text>Share common administrative policies and procedures and contracts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Admission to Care."> <paragraph num="A."> <text>An operator may not admit a child for care unless the operator has:</text> <paragraph num="(1)"> <text>Met the applicable requirements of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Received the written records required by Regulation .04C—H of this chapter, unless the child is temporarily admitted or retained in care on a temporary basis pursuant to §F of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At or before the child's admission to care, the operator shall obtain written information from the parent about the child's individual needs.</text> </paragraph> <paragraph num="C."> <text>As part of the admission process, the operator shall:</text> <paragraph num="(1)"> <text>Give the parent, or advise the parent how to obtain, information that is supplied by the office concerning:</text> <paragraph num="(a)"> <text>Consumer education on child care;</text> </paragraph> <paragraph num="(b)"> <text>How to file a complaint against the child care center; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide documentation that the requirements of §C(1) of this regulation have been met.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon admission of an infant or toddler, an operator shall determine with the parent:</text> <paragraph num="(1)"> <text>A schedule for feeding the child that includes:</text> <paragraph num="(a)"> <text>The amounts and kinds of food consumed daily;</text> </paragraph> <paragraph num="(b)"> <text>The sequence for introducing solid food when appropriate; and</text> </paragraph> <paragraph num="(c)"> <text>Any recommendations about feeding from the infant's physician;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A written individual activity plan for the child; and</text> </paragraph> <paragraph num="(3)"> <text>If the child is a toddler or an infant who is 12 months old or older, the need for the child to use a crib for rest purposes.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a child is younger than 6 years old at the time of admission, the operator may not allow the child to remain in care if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the operator on a form supplied or approved by the office that the child has received an appropriate lead screening or test.</text> </paragraph> <paragraph num="F."> <text>Temporary Admission to Care.</text> <paragraph num="(1)"> <text>An operator may temporarily admit or retain a child in care if:</text> <paragraph num="(a)"> <text>The child is homeless; or</text> </paragraph> <paragraph num="(b)"> <text>The child’s parent is unable to provide the health-related records specified in Regulation .04D, E, G, or H of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a child to be temporarily admitted or retained in care, the parent shall present evidence of the child’s appointment with a health care provider or local health department to:</text> <paragraph num="(a)"> <text>Receive a medical evaluation to include, if applicable, a lead screening or test;</text> </paragraph> <paragraph num="(b)"> <text>Receive a required immunization;</text> </paragraph> <paragraph num="(c)"> <text>Acquire evidence of age-appropriate immunizations on a form approved by the office; or</text> </paragraph> <paragraph num="(d)"> <text>Reconstruct a lost health record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The date of the appointment required by §F(2) of this regulation may not be later than 20 calendar days after the date the child was temporarily admitted or retained.</text> </paragraph> <paragraph num="(4)"> <text>An operator shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide evidence of the required health-related information within 3 business days after the date of the appointment made pursuant to §F(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Records."> <text>The operator shall:</text> <paragraph num="A."> <text>Create and maintain, for at least 2 years after their creation, records of program:</text> <paragraph num="(1)"> <text>Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for which enrolled; and</text> </paragraph> <paragraph num="(2)"> <text>Attendance, by groups of children, which indicate:</text> <paragraph num="(a)"> <text>The dates of attendance of each child in the center; and</text> </paragraph> <paragraph num="(b)"> <text>Verification by each child's parent of that child's recorded daily attendance in care;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Maintain:</text> <paragraph num="(1)"> <text>Procedures to ensure that the whereabouts of each child in attendance is known at all times;</text> </paragraph> <paragraph num="(2)"> <text>A written child discipline policy as required in COMAR 13A.16.07.03C;</text> </paragraph> <paragraph num="(3)"> <text>Records of food actually served by the center for the most recent 4 weeks as required by COMAR 13A.16.12.01E;</text> </paragraph> <paragraph num="(4)"> <text>A written record of the dates and times at which emergency and disaster plan drills were conducted pursuant to COMAR 13A.16.10.01A(3)(c);</text> </paragraph> <paragraph num="(5)"> <text>Documentation that, at least once each calendar year, the parent of each child under the age of 3 years was given:</text> <paragraph num="(a)"> <text>Information about the Maryland Infant and Toddlers Program; and</text> </paragraph> <paragraph num="(b)"> <text>Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A current copy of this subtitle at the center so that it is displayed and freely available for reference by parents and center staff;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Display a copy of the consumer education pamphlet on child care supplied by the office so that it is freely available for reference to parents; and</text> </paragraph> <paragraph num="D."> <text>Negotiate and maintain a written agreement with the child's parent that specifies:</text> <paragraph num="(1)"> <text>The fees for and provision of care;</text> </paragraph> <paragraph num="(2)"> <text>The center’s child discipline policy;</text> </paragraph> <paragraph num="(3)"> <text>The presence at the center of any pet animals;</text> </paragraph> <paragraph num="(4)"> <text>If applicable, the use of volunteers in the child care center; and</text> </paragraph> <paragraph num="(5)"> <text>If overnight care is to be provided to the child, the sleeping arrangements approved by the parent.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The operator may provide the information required under §B(5) of this regulation by:</text> <paragraph num="(1)"> <text>A personal message to the parent, including an e-mail;</text> </paragraph> <paragraph num="(2)"> <text>A document for which the parent acknowledges receipt; or</text> </paragraph> <paragraph num="(3)"> <text>A text message.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Records."> <paragraph num="A."> <text>For each child admitted to, or continuing in care, the operator shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation.</text> </paragraph> <paragraph num="B."> <text>Each child's written records shall be:</text> <paragraph num="(1)"> <text>Readily accessible to all staff members providing care to the child; and</text> </paragraph> <paragraph num="(2)"> <text>Kept on file at the center during the period of a child's enrollment and for 2 years after the child's disenrollment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The operator shall obtain and maintain emergency information from the child's parent that:</text> <paragraph num="(1)"> <text>Includes the child's name and date of birth;</text> </paragraph> <paragraph num="(2)"> <text>Includes the parent's full name, current address, and home and work telephone numbers;</text> </paragraph> <paragraph num="(3)"> <text>Includes the name and telephone number of the individual who is authorized to pick up the child each day;</text> </paragraph> <paragraph num="(4)"> <text>Includes the name and telephone number of at least one individual who is authorized to pick up the child in an emergency;</text> </paragraph> <paragraph num="(5)"> <text>Includes the name, address, and telephone number of the child's physician or other health care provider;</text> </paragraph> <paragraph num="(6)"> <text>If the child has a special health condition, includes emergency medical instructions for that condition;</text> </paragraph> <paragraph num="(7)"> <text>Is signed and dated by the child's parent;</text> </paragraph> <paragraph num="(8)"> <text>Is updated as needed, but at least annually; and</text> </paragraph> <paragraph num="(9)"> <text>Is readily accessible to each staff member supervising the child, including during an off-site activity.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unless a parent objects to a child's medical examination because of bona fide religious beliefs and practices, a health assessment of the child shall be provided by the child's parent that:</text> <paragraph num="(1)"> <text>Includes a parental statement of the child's health status;</text> </paragraph> <paragraph num="(2)"> <text>If applicable, includes a statement of allergies; and</text> </paragraph> <paragraph num="(3)"> <text>Includes a medical evaluation, signed and dated by a physician, that states the child is medically cleared to attend child care and is based on an examination completed by the physician within the last:</text> <paragraph num="(a)"> <text>2 months before admission for a child younger than 9 months old;</text> </paragraph> <paragraph num="(b)"> <text>3 months before admission for a child between 9 and 24 months old; or</text> </paragraph> <paragraph num="(c)"> <text>12 months before admission for a child 2 years old or older.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>The operator shall maintain documentation that, as required by COMAR 10.11.04, each child admitted to, or continuing in, care has received:</text> <paragraph num="(1)"> <text>An appropriate lead screening, if the child is younger than 6 years old and was born before January 1, 2015; or</text> </paragraph> <paragraph num="(2)"> <text>A lead test when the child is 12 months old and again when the child is 24 months old, regardless of where the child resides, if the child was born on or after January 1, 2015.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly from a registered family child care home, another licensed child care center, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §§D(3) and E of this regulation.</text> </paragraph> <paragraph num="G."> <text>Unless a school-age child attends a school-age program located in the child’s school, the operator shall obtain, and maintain at the center, an immunization record showing that:</text> <paragraph num="(1)"> <text>The child has had immunizations appropriate for the child's age which meet the immunization guidelines set by the Maryland Department of Health;</text> </paragraph> <paragraph num="(2)"> <text>The child has had at least one dose of each vaccine appropriate for the child's age before entry and is scheduled to complete the required immunizations;</text> </paragraph> <paragraph num="(3)"> <text>A licensed physician or a health officer has determined that immunization is medically contraindicated according to accepted medical standards; or</text> </paragraph> <paragraph num="(4)"> <text>The parent objects to the child's immunization because it conflicts with the parent's bona fide religious beliefs and practices.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If a parent objects to a child's immunization or medical examination, or both, because of the parent's bona fide religious beliefs and practices, an operator shall require the parent to provide a health history of the child and sign a statement indicating that to the best of the parent's knowledge and belief, the child is in satisfactory health and free from any communicable disease.</text> </paragraph> <paragraph num="I."> <text>The operator shall record or maintain on file:</text> <paragraph num="(1)"> <text>Each incidence of acute illness requiring exclusion of the child from care pursuant to COMAR 13A.16.11.01;</text> </paragraph> <paragraph num="(2)"> <text>Each injury or accident required by Regulation .06C and D of this chapter to be reported;</text> </paragraph> <paragraph num="(3)"> <text>Child medication records required by COMAR 13A.16.11.04A(1) and D;</text> </paragraph> <paragraph num="(4)"> <text>If the child requires a modified diet, the prescription from the child's health practitioner or the written instructions from the child's parent, pursuant to COMAR 13A.16.12.02;</text> </paragraph> <paragraph num="(5)"> <text>If program activities away from the center are provided, prior written permission from the child's parent to take the child to those activities; and</text> </paragraph> <paragraph num="(6)"> <text>If applicable, documentation that the parent of a toddler or an infant who is 12 months old or older has requested a crib for the child's rest periods.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Written information about the child's individual needs that is supplied by the parent by the time of the child's admission to care shall be reviewed by the operator and the parent at least every 12 months after the child's admission to care.</text> </paragraph> <paragraph num="K."> <text>An operator shall maintain daily records of the amounts and kinds of liquids and solid food consumed by each infant and toddler. These records shall be:</text> <paragraph num="(1)"> <text>Dated and kept on file for at least 4 weeks;</text> </paragraph> <paragraph num="(2)"> <text>Available in the infant or toddler feeding area; and</text> </paragraph> <paragraph num="(3)"> <text>Made available to the child's parent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Staff Records."> <text>The operator shall:</text> <paragraph num="A."> <text>Maintain and, upon request by the office, submit a current and complete list of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the center on a routine basis;</text> </paragraph> <paragraph num="B."> <text>For review by the office and by parents who have enrolled their children or are considering enrolling their children, post in a conspicuous location a current and complete staffing pattern, on a form supplied or approved by the office, that specifies:</text> <paragraph num="(1)"> <text>The number and ages of children enrolled;</text> </paragraph> <paragraph num="(2)"> <text>The staff/child ratio in relation to the daily schedule; and</text> </paragraph> <paragraph num="(3)"> <text>By staff name, all child care assignments;</text> </paragraph> </paragraph> <paragraph num="C."> <text>During an individual’s employment at the center and for 2 years after the date of the individual’s last employment there, maintain a record for each individual that includes:</text> <paragraph num="(1)"> <text>The individual’s:</text> <paragraph num="(a)"> <text>Training, including initial and yearly basic health and safety training, if required under this subtitle;</text> </paragraph> <paragraph num="(b)"> <text>Experience, if required under this subtitle; and</text> </paragraph> <paragraph num="(c)"> <text>Function or position;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Verification that the staff member's age complies with the minimum required for the position held;</text> </paragraph> <paragraph num="(3)"> <text>An employment medical evaluation;</text> </paragraph> <paragraph num="(4)"> <text>Criminal background check results, except that the operator shall destroy the record of those results immediately after the last day of the individual’s employment; and</text> </paragraph> <paragraph num="(5)"> <text>The date on which the staff member received the written information required by COMAR 13A.16.06.02;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Maintain documentation required for:</text> <paragraph num="(1)"> <text>Substitutes, pursuant to COMAR 13A.16.06.13; and</text> </paragraph> <paragraph num="(2)"> <text>The adult available for emergencies, pursuant to COMAR 13A.16.08.02D(3); and</text> </paragraph> </paragraph> <paragraph num="E."> <text>Maintain a calendar or other written record of the:</text> <paragraph num="(1)"> <text>Days on which a substitute provides care; and</text> </paragraph> <paragraph num="(2)"> <text>Staff member in whose place the substitute worked.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Notifications."> <text>The operator shall:</text> <paragraph num="A."> <text>Within 5 working days of its occurrence, provide written notification to the office about the:</text> <paragraph num="(1)"> <text>Addition of a new employee or staff member that includes:</text> <paragraph num="(a)"> <text>The individual’s full name, date of birth, and date of hire;</text> </paragraph> <paragraph num="(b)"> <text>Information about the individual’s work assignment;</text> </paragraph> <paragraph num="(c)"> <text>Proof of compliance with the laws and regulations pertaining to criminal background checks; and</text> </paragraph> <paragraph num="(d)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Ending of employment, for whatever reason, of an individual that includes the:</text> <paragraph num="(a)"> <text>Individual’s full name; and</text> </paragraph> <paragraph num="(b)"> <text>Date of the individual’s last day of employment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Within 15 working days of adding the new employee or staff member, provide to the office documentation that the individual meets the requirements of this chapter for the assignment, unless documentation already is on file in the office;</text> </paragraph> <paragraph num="C."> <text>Notify or require that a staff member notify the office within 24 hours of:</text> <paragraph num="(1)"> <text>The death of a child if the child died while at the center;</text> </paragraph> <paragraph num="(2)"> <text>The death of a child enrolled at the center if the child died of a contagious disease; and</text> </paragraph> <paragraph num="(3)"> <text>An injury to a child that occurs while the child is at the center or on a field trip which results in the child's being:</text> <paragraph num="(a)"> <text>Treated by a medical professional; or</text> </paragraph> <paragraph num="(b)"> <text>Admitted to a hospital;</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If a child has an injury or accident while in attendance, notify the child's parent:</text> <paragraph num="(1)"> <text>Immediately, if the child's injury is serious; or</text> </paragraph> <paragraph num="(2)"> <text>Within the same day, about any other injury and each accident which may result in injury;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Immediately notify the office of:</text> <paragraph num="(1)"> <text>An employee or individual living on the child care premises who is under investigation for:</text> <paragraph num="(a)"> <text>A criminal charge; or</text> </paragraph> <paragraph num="(b)"> <text>An allegation of child abuse or neglect; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A change at the center which may affect the status of the license, including but not limited to:</text> <paragraph num="(a)"> <text>Individuals living on the premises;</text> </paragraph> <paragraph num="(b)"> <text>Operation of the center; or</text> </paragraph> <paragraph num="(c)"> <text>Telephone number;</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Within 5 working days after there is a new individual living on the child care premises who is 18 years old or older:</text> <paragraph num="(1)"> <text>Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about an individual living on the child care premises; and</text> </paragraph> <paragraph num="(2)"> <text>Direct the individual living on the child care premises to apply for a federal and State criminal background check pursuant to COMAR 13A.16.02.02A(4) and C; and</text> </paragraph> </paragraph> <paragraph num="G."> <text>Within 10 business days of receiving notice from the center’s supplier of water that the drinking water is contaminated, send a written notice of the contamination to the parent of each child enrolled that:</text> <paragraph num="(1)"> <text>Identifies the contaminants and their levels; and</text> </paragraph> <paragraph num="(2)"> <text>Describes the plan for dealing with the water contamination problem until the water is determined by the appropriate authority to be safe for consumption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Change of Operation."> <paragraph num="A."> <text>Except when converting the child care center to a summer youth camp, if an operator wishes to make any changes from the current license, such as use of rooms not previously approved for child care, capacity, hours of operation, age groups served, or the introduction of food service, the operator shall request and receive written approval of the change from the office before implementing the change.</text> </paragraph> <paragraph num="B."> <text>After determining whether the proposed change meets the requirements of this subtitle, the office shall approve or disapprove the proposed change. If the change is approved, the office shall issue a revised license indicating the change.</text> </paragraph> <paragraph num="C."> <text>If an operator wishes to convert to a summer youth camp, the operator shall:</text> <paragraph num="(1)"> <text>Notify the office before implementing the change to a summer youth camp;</text> </paragraph> <paragraph num="(2)"> <text>Upon request by the office, provide proof to the office of the center's certification as a summer youth camp under Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Remove the child care center license from display on the premises used for operating a summer youth camp during the period of summer youth camp operation; and</text> </paragraph> <paragraph num="(4)"> <text>Notify parents of children in care and those applying for care that:</text> <paragraph num="(a)"> <text>A child care center is not being operated during summer months; and</text> </paragraph> <paragraph num="(b)"> <text>State regulations for camps differ from those for child care centers.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Variances."> <paragraph num="A."> <text>An office may grant a variance to a regulation under this subtitle:</text> <paragraph num="(1)"> <text>If the safeguards to a child's health, safety, or well-being are not diminished;</text> </paragraph> <paragraph num="(2)"> <text>When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and</text> </paragraph> <paragraph num="(3)"> <text>For a limited period of time as specified by the office, or for as long as the license remains in effect and the operator continues to comply with the terms of the variance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 30 calendar days of receiving a completed request for a variance, the office shall notify the operator that the variance has been granted or denied.</text> </paragraph> <paragraph num="C."> <text>If a variance request is denied by a regional office of the Agency:</text> <paragraph num="(1)"> <text>The operator may appeal the denial to the Agency's central office; and</text> </paragraph> <paragraph num="(2)"> <text>The Agency's central office has the final determination of whether or not a variance is granted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A variance to sanitary facility requirements that is granted pursuant to COMAR 13A.16.05.08C does not apply to any subsequent additions or enlargements to the center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Advertisement."> <paragraph num="A."> <text>An operator may not advertise child care services unless the center holds a current license issued by the office.</text> </paragraph> <paragraph num="B."> <text>An advertisement of the center shall:</text> <paragraph num="(1)"> <text>Specify that the center is licensed; and</text> </paragraph> <paragraph num="(2)"> <text>Include the license number issued to the center by the office.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333;Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, C amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E, F amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 13, 2020 (47:1 Md. R. 14); March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E, F amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, F amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06G adopted effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="04" heading="Operational Requirements"> <regulation prefix="Regulation" num=".01" heading="Capacity."> <paragraph num="A."> <text>An office shall determine the capacity of the center according to criteria established in:</text> <paragraph num="(1)"> <text>This subtitle affecting floor space, outdoor activity space, staffing, equipment, ages of the children to be enrolled, and sanitary facilities; and</text> </paragraph> <paragraph num="(2)"> <text>Applicable codes, including zoning, building, and fire codes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator shall limit the total number of children in care at one time to the capacity approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment and Attendance."> <paragraph num="A."> <text>All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.</text> </paragraph> <paragraph num="B."> <text>An operator may not enroll a child for more than 14 hours in a 24-hour period unless approved in advance by the office.</text> </paragraph> <paragraph num="C."> <text>An operator may not admit an infant who is younger than 6 weeks old.</text> </paragraph> <paragraph num="D."> <text>An operator may enroll a child only if the office has given written approval for the facility to care for children of that child's age.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-560, 5-564, and 5-570—5-585; State Government Article, §10-617; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference—Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> </annotations> </chapter> <chapter num="05" heading="Physical Plant and Equipment"> <regulation prefix="Regulation" num=".01" heading="Building Safety."> <paragraph num="A."> <text>An operator shall provide a building for a center that is:</text> <paragraph num="(1)"> <text>Maintained in good repair;</text> </paragraph> <paragraph num="(2)"> <text>Free from health and safety hazards as identified by the office; and</text> </paragraph> <paragraph num="(3)"> <text>Clean and free from infestation of insects and rodents.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as set forth in §C of this regulation, the operator shall ensure that the child care center complies with all applicable State and local codes, including but not limited to zoning, building, plumbing, gas, electrical, sewage disposal, drinking water, environment, health, and fire.</text> </paragraph> <paragraph num="C."> <text>A child care center for school age children which is located in a school building and operates before and after school hours is not required to comply with any regulation under this subtitle that relates to the physical plant of the center if the regulation exceeds requirements imposed by the county or the local board of education with respect to the school building.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Accessibility."> <text>The operator shall ensure that an access road on center property permits passage by emergency vehicles during times when children are in care.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Indoor Space."> <paragraph num="A."> <text>A minimum of 35 square feet of floor space shall be provided for each child in care, except that:</text> <paragraph num="(1)"> <text>A minimum of 30 square feet of floor space shall be provided for each child in a:</text> <paragraph num="(a)"> <text>Child care center licensed before December 1, 1971; or</text> </paragraph> <paragraph num="(b)"> <text>Nursery school holding a certificate of approval to operate or a letter of exemption from approval that was issued by the State Board of Education before December 1, 1971, and is still in effect; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A child care program currently approved by the office to operate with less square footage per child than required by §A of this regulation may continue to operate with that reduced square footage as long as the:</text> <paragraph num="(a)"> <text>Operator demonstrates to the satisfaction of the office the impossibility of complying with the minimum square footage required by §A of this regulation while maintaining the economic viability of the program; and</text> </paragraph> <paragraph num="(b)"> <text>Office determines that the reduced square footage does not threaten the health, safety, or welfare of any child in care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>In calculating the square footage of floor space provided for each child, the following may not be included:</text> <paragraph num="(1)"> <text>Any floor space, rooms, or areas that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, and corridors, food preparation areas, kitchens, bathrooms, adult work areas, permanently equipped isolation areas or sleeping rooms, storage units, and storage space; and</text> </paragraph> <paragraph num="(2)"> <text>Furniture, except for:</text> <paragraph num="(a)"> <text>Children's chairs and tables which are nonfixed and multipurpose;</text> </paragraph> <paragraph num="(b)"> <text>Moveable equipment used for infant care, such as high chairs and swings;</text> </paragraph> <paragraph num="(c)"> <text>Moveable play equipment;</text> </paragraph> <paragraph num="(d)"> <text>An adult-size rocking chair or other adult-size comfortable chair;</text> </paragraph> <paragraph num="(e)"> <text>An adult-size couch; and</text> </paragraph> <paragraph num="(f)"> <text>Open shelves for children's daily activities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>In centers that care for infants or toddlers:</text> <paragraph num="(1)"> <text>Diapering stations shall be included in calculating the square footage of floor space provided for each child; and</text> </paragraph> <paragraph num="(2)"> <text>The operator shall designate space for mothers to breastfeed or express breast milk that:</text> <paragraph num="(a)"> <text>Is not located in a bathroom;</text> </paragraph> <paragraph num="(b)"> <text>Has access to an electrical outlet;</text> </paragraph> <paragraph num="(c)"> <text>Has appropriate seating; and</text> </paragraph> <paragraph num="(d)"> <text>Has access to running water.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a center located in a residence, the space for children may include space within the family living area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Building Repair and Maintenance."> <text>Building maintenance, repair, or renovation activity may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Lead-Safe Environment."> <paragraph num="A."> <text>A center operator may not use paint with lead content on any:</text> <paragraph num="(1)"> <text>Exterior or interior surface of the facility; or</text> </paragraph> <paragraph num="(2)"> <text>Material or equipment used for child care purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care center is a residential rental property constructed before 1978, which is an affected property as defined by Environment Article, §6-801(b), Annotated Code of Maryland, the operator shall submit a copy of the current lead risk reduction or lead free certificate.</text> </paragraph> <paragraph num="C."> <text>If the facility was constructed before 1978 and is not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the operator shall:</text> <paragraph num="(1)"> <text>Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the facility that is used for child care;</text> </paragraph> <paragraph num="(2)"> <text>If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead dust test:</text> <paragraph num="(a)"> <text>Conducted by an accredited visual inspector pursuant to COMAR 26.16.02.03B to meet the risk reduction standard, if the facility is an affected property; or</text> </paragraph> <paragraph num="(b)"> <text>Conducted in areas used for child care by an accredited risk assessor pursuant to COMAR 26.16.05.11, if the facility is not an affected property; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a lead dust test is required under §C(2) of this regulation, obtain:</text> <paragraph num="(a)"> <text>A passing score on that test; and</text> </paragraph> <paragraph num="(b)"> <text>Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a facility constructed before 1978 and not certified lead free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing renovation which disturbs the painted surface of an interior or exterior area used for child care, the operator shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Ventilation and Temperature."> <text>A room may be used for child care only if it:</text> <paragraph num="A."> <text>Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;</text> </paragraph> <paragraph num="B."> <text>Is free of moisture and dampness; and</text> </paragraph> <paragraph num="C."> <text>Has a temperature at floor level of not less than 65° F.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Water Supply."> <paragraph num="A."> <text>The center shall have hot and cold running water, with hot water temperature not exceeding 120° F.</text> </paragraph> <paragraph num="B."> <text>For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:</text> <paragraph num="(1)"> <text>Safely accessible to children 2 years old or older without assistance from an adult; and</text> </paragraph> <paragraph num="(2)"> <text>Not located in a toilet room or in a sink used for handwashing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Drinking water shall be supplied by:</text> <paragraph num="(1)"> <text>An angle-jet drinking fountain with mouthguard;</text> </paragraph> <paragraph num="(2)"> <text>Licensed bottled water in the original container;</text> </paragraph> <paragraph num="(3)"> <text>Running water supply with individual single service drinking cups; or</text> </paragraph> <paragraph num="(4)"> <text>Another method or source approved by the office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>During meals and snacks, water may be served family-style from a pitcher if the water is poured into the pitcher directly from one of the supply sources listed at §C of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Sanitary Facilities and Supplies."> <paragraph num="A."> <text>For each group of infants or toddlers in a room, there shall be an approved diapering area with a sink that:</text> <paragraph num="(1)"> <text>Is used only for diapering and toileting purposes; and</text> </paragraph> <paragraph num="(2)"> <text>Permits continuous observation of, and immediate response to, each child in the group.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For every 15 children who are 2 years old or older, an operator shall provide one toilet and one sink that are:</text> <paragraph num="(1)"> <text>Maintained in good operating condition and in a sanitary manner;</text> </paragraph> <paragraph num="(2)"> <text>Easily accessible to the children; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An operator which holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before July 1, 1991, and is still in effect may receive a variance from the requirements of §B of this regulation if the office determines that:</text> <paragraph num="(1)"> <text>The requirements can be met only with substantial physical modifications to the center; and</text> </paragraph> <paragraph num="(2)"> <text>Sanitary facilities are accessible to every child in the center.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In each toilet facility accessible to a school age child, the operator shall provide at least one toilet in an enclosed stall or other space affording privacy to the child.</text> </paragraph> <paragraph num="E."> <text>In a small center approved for mixed age groups, only one toilet and sink are required.</text> </paragraph> <paragraph num="F."> <text>A center licensed for the first time shall provide at least one toilet facility restricted to use by adults that is equipped with a toilet, sink, and toilet supplies, except that this requirement does not apply to:</text> <paragraph num="(1)"> <text>Small centers; or</text> </paragraph> <paragraph num="(2)"> <text>Programs that operate 2-1/2 hours or less per session per day.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Each toilet room shall have:</text> <paragraph num="(1)"> <text>A floor with a water-resistant, nonabsorbent finish;</text> </paragraph> <paragraph num="(2)"> <text>Smoothly finished walls with a hard surface; and</text> </paragraph> <paragraph num="(3)"> <text>Approved and functioning natural or mechanical ventilation.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Portable toilets, also known as potty-chairs, may not be used in a child care center.</text> </paragraph> <paragraph num="I."> <text>Each toilet room shall contain individual paper towels, a trash receptacle, soap, and toilet paper.</text> </paragraph> <paragraph num="J."> <text>All sanitary supplies in a toilet room shall be available within reach of a child capable of using the toilet unassisted.</text> </paragraph> <paragraph num="K."> <text>Toiletry and grooming articles, drinking cups, towels, face cloths, brushes, and combs may not be shared.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <paragraph num="A."> <text>There shall be sufficient natural and artificial lighting in all approved areas of the center to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the center.</text> </paragraph> <paragraph num="B."> <text>An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.</text> </paragraph> <paragraph num="C."> <text>In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting that will operate in case of a power failure.</text> </paragraph> <paragraph num="D."> <text>An operator shall provide adequate outdoor lighting to ensure the safety of persons entering and leaving the center when it is dark outside.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Telephone and Communication."> <paragraph num="A."> <text>There shall be at least one operable telephone in the center that is freely and readily available to all center staff during the approved hours of operation.</text> </paragraph> <paragraph num="B."> <text>In a center with more than two rooms approved for child care, a staff member supervising a group of children in one room shall be able to communicate a request for assistance to a staff member in another room while maintaining continuous supervision of the group.</text> </paragraph> <paragraph num="C."> <text>In each room where care is provided to infants or toddlers, there shall be an operable telephone.</text> </paragraph> <paragraph num="D."> <text>The operator shall provide additional telephones or extensions in the center as may be required to:</text> <paragraph num="(1)"> <text>Summon emergency fire and rescue services promptly; and</text> </paragraph> <paragraph num="(2)"> <text>Transmit and receive other emergency communications.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="General Cleanliness and Disposal of Refuse."> <paragraph num="A."> <text>The entire center, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.</text> </paragraph> <paragraph num="B."> <text>In a center for fewer than 12 children located in a residence, the requirements of §A of this regulation apply only to space approved for child care.</text> </paragraph> <paragraph num="C."> <text>Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of the daily activity program.</text> </paragraph> <paragraph num="D."> <text>Disposal of Refuse.</text> <paragraph num="(1)"> <text>Each room used for child care shall have a trash container with a disposable liner.</text> </paragraph> <paragraph num="(2)"> <text>In each area used for changing diapers, there shall be a separate trash container reserved for diaper discards that:</text> <paragraph num="(a)"> <text>Has a disposable liner and tightly fitting lid;</text> </paragraph> <paragraph num="(b)"> <text>Makes the contents of the container inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All trash containers in child care areas shall be emptied when full but at least daily.</text> </paragraph> <paragraph num="(4)"> <text>Refuse that is placed outdoors to await collection shall be stored in receptacles that are:</text> <paragraph num="(a)"> <text>Made of tight, nonabsorbent, easily washable materials;</text> </paragraph> <paragraph num="(b)"> <text>Covered with tightly fitting lids; and</text> </paragraph> <paragraph num="(c)"> <text>Washed and treated with disinfectant when necessary to combat odors and prevent infestation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Outdoor Activity Area."> <paragraph num="A."> <text>A center shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the center that provides adequate usable play space for the approved capacity of the center.</text> </paragraph> <paragraph num="B."> <text>A center for which a notice of intent, filed pursuant to COMAR 13A.16.02.02A(2), is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:</text> <paragraph num="(1)"> <text>One half of the approved capacity of the center; or</text> </paragraph> <paragraph num="(2)"> <text>Each child, if the center has an approved capacity of 20 or fewer children.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Usable play space may include only the area and the activity equipment approved for use by children in care.</text> </paragraph> <paragraph num="D."> <text>The activity area shall be free from potential hazards to child health or safety.</text> </paragraph> <paragraph num="E."> <text>All outdoor activity equipment shall be safe, in good repair, clean, and nontoxic.</text> </paragraph> <paragraph num="F."> <text>Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:</text> <paragraph num="(1)"> <text>Fence that surrounds the pool at least 4 feet in height;</text> </paragraph> <paragraph num="(2)"> <text>Self-closing and self-latching mechanism on the gate, door, or access to the pool;</text> </paragraph> <paragraph num="(3)"> <text>Lock that is operable and secured; and</text> </paragraph> <paragraph num="(4)"> <text>Sensor or alarm in the pool and on the access door.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Swimming Facilities."> <paragraph num="A."> <text>Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.</text> </paragraph> <paragraph num="B."> <text>An above-ground swimming pool:</text> <paragraph num="(1)"> <text>May not be used for swimming activities; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be made inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C, D amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="06" heading="Staff Requirements"> <regulation prefix="Regulation" num=".01" heading="Minimum Staff Age."> <text>A staff member in a child care center may not be younger than 16 years old.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Staff Orientation."> <text>On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:</text> <paragraph num="A."> <text>The location of the telephone and emergency telephone numbers;</text> </paragraph> <paragraph num="B."> <text>The location of each child's emergency form;</text> </paragraph> <paragraph num="C."> <text>Emergency evacuation procedures;</text> </paragraph> <paragraph num="D."> <text>Identity of the staff members who have first aid and CPR training;</text> </paragraph> <paragraph num="E."> <text>Identity of the staff members and other adults who are required to be available to provide emergency coverage pursuant to COMAR 13A.16.08.02D(3);</text> </paragraph> <paragraph num="F."> <text>Handwashing procedures;</text> </paragraph> <paragraph num="G."> <text>The center's child discipline policy;</text> </paragraph> <paragraph num="H."> <text>The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§5-704—5-705, Annotated Code of Maryland;</text> </paragraph> <paragraph num="I."> <text>Signs and symptoms of abuse and neglect in children;</text> </paragraph> <paragraph num="J."> <text>The content of the most current regulations in this subtitle; and</text> </paragraph> <paragraph num="K."> <text>The community resources available to the family of a child who may have special needs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suitability for Employment."> <paragraph num="A."> <text>A child care center operator may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(1)"> <text>A crime involving:</text> <paragraph num="(a)"> <text>A child;</text> </paragraph> <paragraph num="(b)"> <text>Cruelty to animals;</text> </paragraph> <paragraph num="(c)"> <text>Domestic violence of an intimate partner or spouse; or</text> </paragraph> <paragraph num="(d)"> <text>A weapons or firearms violation of federal or state laws;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A violent crime classified as a felony, including physical assault or battery;</text> </paragraph> <paragraph num="(4)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(5)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(6)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(7)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(8)"> <text>Perjury;</text> </paragraph> <paragraph num="(9)"> <text>Pornography;</text> </paragraph> <paragraph num="(10)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(11)"> <text>Reckless endangerment; or</text> </paragraph> <paragraph num="(12)"> <text>The felony of:</text> <paragraph num="(a)"> <text>Murder;</text> </paragraph> <paragraph num="(b)"> <text>Spousal abuse; or</text> </paragraph> <paragraph num="(c)"> <text>Arson.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If an individual has been identified at any time as responsible for child abuse or neglect or received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in §A of this regulation, the office:</text> <paragraph num="(1)"> <text>Shall assess, on the basis of the following factors, the individual's suitability for employment:</text> <paragraph num="(a)"> <text>The job position at the center for which the individual is applying or in which the individual is currently employed;</text> </paragraph> <paragraph num="(b)"> <text>The nature and seriousness of the incident, crime, or offense;</text> </paragraph> <paragraph num="(c)"> <text>How long ago the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(d)"> <text>The age of the individual at the time the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(e)"> <text>The individual's probation or parole status, if applicable; and</text> </paragraph> <paragraph num="(f)"> <text>Any other information the office considers pertinent; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Depending on the results of the assessment, shall permit or prohibit employment of the individual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Request for Reassessment.</text> <paragraph num="(1)"> <text>An individual who is prohibited from employment by the office pursuant to §B of this regulation may request the office to conduct a reassessment with respect to the incident, crime, or offense.</text> </paragraph> <paragraph num="(2)"> <text>For a reassessment request to be eligible for consideration:</text> <paragraph num="(a)"> <text>The request shall be in writing and shall include documentation, such as but not limited to letters of support or evaluation reports, pertinent to the incident, crime, or offense; and</text> </paragraph> <paragraph num="(b)"> <text>The individual may not have submitted a reassessment request, whether for the same or a different job position, within the previous 12 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In order to reach a decision on the request, the office may request additional information from the individual, the center operator, or any agency or entity cited by the individual or the operator in connection with the reassessment request.</text> </paragraph> <paragraph num="(4)"> <text>Upon reaching a decision on the request, the office shall promptly notify the individual of that decision.</text> </paragraph> <paragraph num="(5)"> <text>The center operator may not permit the individual to begin or to resume employment until the office has notified the operator that the individual may be employed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notification of Employment Prohibition.</text> <paragraph num="(1)"> <text>If the office, pursuant to this chapter, determines that an individual may not be employed at a center, the office shall notify the individual and the center operator in writing of that decision and its basis.</text> </paragraph> <paragraph num="(2)"> <text>The written notification to the individual shall also:</text> <paragraph num="(a)"> <text>State that the individual may appeal the decision to the Office of Administrative Hearings (OAH); and</text> </paragraph> <paragraph num="(b)"> <text>Specify the requirements for submitting an appeal to the OAH.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Upon notification that an individual may not be employed, the center operator:</text> <paragraph num="(1)"> <text>Shall promptly terminate the individual from employment or from consideration for employment, as applicable; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the individual appeals the decision to the OAH and the appeal is concluded in favor of the individual, may not:</text> <paragraph num="(a)"> <text>Reconsider the individual for employment;</text> </paragraph> <paragraph num="(b)"> <text>Permit the individual to have any contact with an unrelated child in care; or</text> </paragraph> <paragraph num="(c)"> <text>Allow the individual on the premises of the facility except to exercise parental responsibilities with respect to a related child in care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>An operator may not allow an individual to serve, or to continue to serve, in a child care position for which the individual does not meet the employment qualification or training requirements set forth at Regulations .05—.12, as applicable, of this chapter, unless the individual is a substitute functioning in accordance with Regulation .13 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Staff Health."> <paragraph num="A."> <text>Medical Evaluation.</text> <paragraph num="(1)"> <text>An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective:</text> <paragraph num="(a)"> <text>Staff member; and</text> </paragraph> <paragraph num="(b)"> <text>Except for a health care professional serving as a consultant pursuant to Regulation .14C of this chapter, support staff who will be present at the center while children are in care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The medical evaluation shall be signed by the individual who conducted the evaluation or the individual’s designee and include verification that the staff member:</text> <paragraph num="(a)"> <text>Is free of communicable tuberculosis, if indicated; and</text> </paragraph> <paragraph num="(b)"> <text>Has the capability to perform the duties of the staff member’s position.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The medical evaluation may transfer directly from one center to another if the evaluation was completed within 24 months before the transfer.</text> </paragraph> <paragraph num="(4)"> <text>The medical evaluation shall be updated every 5 years, measured from the individual’s previous medical evaluation date.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exclusion from Work. Except with the approval of the office and the health officer, an operator may not permit an individual with a serious transmissible infection or communicable disease listed in the Communicable Diseases Summary, as published by the Maryland Department of Health, to work at the child care center during the period of exclusion from child care recommended by the Summary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Directors of All Child Care Centers — General Requirements."> <paragraph num="A."> <text>Except when engaged in occasional center-related activities or away on leave, a director shall be present in a center during at least 1/2 of the operating hours of the center each week to:</text> <paragraph num="(1)"> <text>Plan and supervise all aspects of the program for children;</text> </paragraph> <paragraph num="(2)"> <text>Supervise the staff; and</text> </paragraph> <paragraph num="(3)"> <text>Be available to staff, parents, and children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To qualify as a director of a center, an individual shall:</text> <paragraph num="(1)"> <text>Be at least 21 years old;</text> </paragraph> <paragraph num="(2)"> <text>Hold a high school diploma or a certificate of high school equivalence, or have successfully completed at least two courses for credit from an accredited college or university;</text> </paragraph> <paragraph num="(3)"> <text>Have successfully completed:</text> <paragraph num="(a)"> <text>9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit;</text> </paragraph> <paragraph num="(b)"> <text>3 semester hours or their equivalent of approved administrative training, unless approved as a school-age center director in a center authorized to serve only school-age children; and</text> </paragraph> <paragraph num="(c)"> <text>3 clock hours of approved training in complying with the Americans with Disabilities Act;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Have successfully completed 6 semester hours or 90 clock hours, or their equivalent, of approved preservice training, or hold the Child Development Associate National Credential that is issued by the Council for Professional Recognition;</text> </paragraph> <paragraph num="(5)"> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and</text> </paragraph> <paragraph num="(6)"> <text>Within 6 months after date of hire, complete a regulation training to the requirements of this subtitle that is conducted by the office, if hired on or after January 1, 2009.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A director shall:</text> <paragraph num="(1)"> <text>According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a director, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 6 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Directors of Preschool Centers — Specific Requirements."> <paragraph num="A."> <text>In a preschool center with infants or toddlers in care, a director, in addition to meeting the requirements of §§B—F of this regulation, as applicable, shall have:</text> <paragraph num="(1)"> <text>3 semester hours of approved training, or the equivalent, related to the care of infants and toddlers; and</text> </paragraph> <paragraph num="(2)"> <text>Approved training in supporting breastfeeding practices.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In a preschool center with 20 or fewer children, a director shall have completed 1 year of experience:</text> <paragraph num="(1)"> <text>Working primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or</text> </paragraph> <paragraph num="(2)"> <text>Caring for preschoolers as a registered family child care provider.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In a preschool center with 21 to 40 children, a director shall have completed:</text> <paragraph num="(1)"> <text>Either:</text> <paragraph num="(a)"> <text>30 semester hours of college coursework that has not less than 20 semester hours specifically in early childhood education; or</text> </paragraph> <paragraph num="(b)"> <text>60 semester hours from an accredited institution of higher learning; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>2 years of experience:</text> <paragraph num="(a)"> <text>Working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or</text> </paragraph> <paragraph num="(b)"> <text>Caring for preschoolers as a registered family child care provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a preschool center with more than 40 children, a director shall have:</text> <paragraph num="(1)"> <text>Attained:</text> <paragraph num="(a)"> <text>An associate's degree with a minimum of 15 semester hours of approved course work in early childhood education; or</text> </paragraph> <paragraph num="(b)"> <text>A bachelor's degree in any field; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Completed 2 years of experience:</text> <paragraph num="(a)"> <text>Working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or</text> </paragraph> <paragraph num="(b)"> <text>Caring for preschoolers as a registered family child care provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An individual is considered qualified as a director of any size preschool center when that individual:</text> <paragraph num="(1)"> <text>Has completed 1 year of experience:</text> <paragraph num="(a)"> <text>Working primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or</text> </paragraph> <paragraph num="(b)"> <text>Caring for preschoolers as a registered family child care provider; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Has received either:</text> <paragraph num="(a)"> <text>Approval by the Department as a teacher for early childhood education, including nursery school through third grade, and has 6 semester hours in early childhood education; or</text> </paragraph> <paragraph num="(b)"> <text>Certification by the Department or by any other state for early childhood education, including nursery school through third grade.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>If, as of July 1, 2008, an individual was currently employed at a preschool center for 20 or fewer, 21 to 40, or more than 40 children and qualified as the director of that center, the individual continues to be qualified as the director if continuously employed at the same or another center with the same or greater capacity limitations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Directors of School Age Centers — Specific Requirements."> <paragraph num="A."> <text>In a school age center with a capacity of 60 or fewer children, the director shall have completed at least:</text> <paragraph num="(1)"> <text>400 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or a similar setting; or</text> </paragraph> <paragraph num="(2)"> <text>1 year of experience caring for school age children as a registered family child care provider.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In a school age center with a capacity of 61 or more children, the director shall have completed at least:</text> <paragraph num="(1)"> <text>800 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or similar setting; or</text> </paragraph> <paragraph num="(2)"> <text>2 years of experience caring for school age children as a registered family child care provider.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual is considered qualified as a director of a school age center if the individual is certified for kindergarten, nursery school through third grade, or grades 1 through 8 by the Department or by the state board of any other state.</text> </paragraph> <paragraph num="D."> <text>If, as of July 1, 2008, an individual was currently employed at a center serving only school age children and qualified as the director of that center, the individual continues to be qualified as the director if continuously employed at the same or at another school age center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Specific Requirements for Directors in Combined Preschool and School Age Centers."> <paragraph num="A."> <text>A preschool center director may have responsibility for the entire center if the center enrolls both preschoolers and school age children.</text> </paragraph> <paragraph num="B."> <text>A school age center director may have responsibility for the entire center if the center:</text> <paragraph num="(1)"> <text>Does not enroll any infants or toddlers; and</text> </paragraph> <paragraph num="(2)"> <text>Enrolls five or fewer children younger than kindergarten age.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a school age center located in a public or nonpublic school enrolls more than five children younger than kindergarten age who are not enrolled in that school, the operator shall provide a director who meets the requirements, based on the total capacity of the center, for both a preschool center director and a school age center director.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Child Care Teachers in Preschool Centers."> <paragraph num="A."> <text>To qualify or continue to qualify as a child care teacher in a preschool center, an individual shall:</text> <paragraph num="(1)"> <text>Be 19 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Have a high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university;</text> </paragraph> <paragraph num="(3)"> <text>Have successfully completed 6 semester hours or 90 clock hours or their equivalent of approved preservice training, or hold the Child Development Associate Credential issued by the Child Development Associate National Credentialing Program;</text> </paragraph> <paragraph num="(4)"> <text>Have completed 3 clock hours of approved training in complying with the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(5)"> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment;</text> </paragraph> <paragraph num="(6)"> <text>Have 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; and</text> </paragraph> <paragraph num="(7)"> <text>Have at least:</text> <paragraph num="(a)"> <text>1 year of experience working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting, or as a registered family child care provider caring for preschoolers; or</text> </paragraph> <paragraph num="(b)"> <text>1 year of college, or a combination of experience and college that together are equivalent to 1 year and meet one of the criteria set forth at §A(6) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An individual meets the requirements of §A(3) of this regulation if the individual:</text> <paragraph num="(1)"> <text>Holds an associate’s or higher degree with approved courses in early childhood education;</text> </paragraph> <paragraph num="(2)"> <text>Has been qualified before July 1, 2008, as a child care teacher in a preschool center and has been continuously employed since that time at the same or another preschool center;</text> </paragraph> <paragraph num="(3)"> <text>Has been approved as a teacher by the Department for early childhood in nursery school through third grade; or</text> </paragraph> <paragraph num="(4)"> <text>Is certified by the Department or by any other state for early childhood in nursery school through third grade.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A child care teacher in a preschool center shall:</text> <paragraph num="(1)"> <text>According to the individual’s professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 6 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A child care teacher wishing to supervise a group of infants or toddlers shall:</text> <paragraph num="(1)"> <text>Unless qualified by the office before July 1, 2008, to supervise a group of infants or toddlers:</text> <paragraph num="(a)"> <text>Meet the requirements of §A of this regulation and have completed 3 semester hours of approved training, or the equivalent, related to the care of infants and toddlers; or</text> </paragraph> <paragraph num="(b)"> <text>Meet the requirements of §A(1), (2), and (4)—(7) of this regulation and have completed 6 semester hours of approved training, or the equivalent, related exclusively to the care of infants and toddlers; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Have completed approved training in supporting breastfeeding practices.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09-1" heading="Probationary Child Care Teachers in Preschool Centers."> <paragraph num="A."> <text>An individual who has not met the requirements specified in Regulation .09 of this chapter is eligible for employment as a child care teacher for children 3 years old and older in a preschool center for a probationary period of up to 6 months if the individual:</text> <paragraph num="(1)"> <text>Is applying for employment as a child care teacher for the first time in a Maryland center or home;</text> </paragraph> <paragraph num="(2)"> <text>Is 19 years old or older;</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(4)"> <text>Is enrolled in the approved basic health and safety training; and</text> </paragraph> <paragraph num="(5)"> <text>Meets the requirements of §B or C of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Child development;</text> </paragraph> <paragraph num="(d)"> <text>Home economics;</text> </paragraph> <paragraph num="(e)"> <text>Nursing;</text> </paragraph> <paragraph num="(f)"> <text>Social work;</text> </paragraph> <paragraph num="(g)"> <text>Special education; or</text> </paragraph> <paragraph num="(h)"> <text>A related field approved by the Department; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is enrolled in 90 clock hours or 6 semester hours of approved preservice training.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A probationary employee shall complete:</text> <paragraph num="(1)"> <text>The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment;</text> </paragraph> <paragraph num="(2)"> <text>The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and</text> </paragraph> <paragraph num="(3)"> <text>The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a preschool center shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center.</text> </paragraph> <paragraph num="F."> <text>If a preschool center requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may:</text> <paragraph num="(1)"> <text>Without further cause, deny the request and direct the preschool center to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center; or</text> </paragraph> <paragraph num="(2)"> <text>Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the center for a period of time determined by the Department and approved by the Superintendent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Child Care Teachers in School Age Centers."> <paragraph num="A."> <text>To qualify as a child care teacher in a school age center, an individual shall:</text> <paragraph num="(1)"> <text>Be 19 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Hold a high school diploma or a certificate of high school equivalence or have successfully completed courses for credit from an accredited college or university;</text> </paragraph> <paragraph num="(3)"> <text>Have completed 3 clock hours of approved training in Americans with Disabilities Act compliance;</text> </paragraph> <paragraph num="(4)"> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and</text> </paragraph> <paragraph num="(5)"> <text>Meet one of the criteria set forth in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The individual shall meet one of the following:</text> <paragraph num="(1)"> <text>The individual has successfully completed:</text> <paragraph num="(a)"> <text>6 semester hours or 90 clock hours or their equivalent of approved preservice training;</text> </paragraph> <paragraph num="(b)"> <text>9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; and</text> </paragraph> <paragraph num="(c)"> <text>One of the following:</text> <paragraph num="(i)"> <text>400 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or similar setting, or 400 hours of experience caring for school age children as a registered family child care provider;</text> </paragraph> <paragraph num="(ii)"> <text>1 year of college; or</text> </paragraph> <paragraph num="(iii)"> <text>A combination of experience and college that together are equivalent to 1 year;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The individual holds a bachelor’s degree in:</text> <paragraph num="(a)"> <text>Early childhood education, elementary education, special education, or child development; or</text> </paragraph> <paragraph num="(b)"> <text>Any academic subject and has 1,800 hours of experience working with school-age children in an approved setting.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The individual qualified before July 1, 2008, as a child care teacher in a school age center and has been continuously employed since that time as a child care teacher at the same or another school age center; or</text> </paragraph> <paragraph num="(4)"> <text>The individual:</text> <paragraph num="(a)"> <text>Has been approved as a teacher by the State Department of Education under COMAR 13A.09.09 for kindergarten or grades 1 through 8; or</text> </paragraph> <paragraph num="(b)"> <text>Is certified by the Department or by the state board of any other state for kindergarten or grades 1 through 8.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A child care teacher in a school age center shall:</text> <paragraph num="(1)"> <text>According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 6 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10-1" heading="Probationary Child Care Teachers in School Age Centers."> <paragraph num="A."> <text>An individual who has not met the requirements specified in Regulation .10 of this chapter is eligible for employment as a child care teacher in a school age center for a probationary period of up to 6 months if the individual:</text> <paragraph num="(1)"> <text>Is applying for employment as a child care teacher for the first time in a Maryland center or home;</text> </paragraph> <paragraph num="(2)"> <text>Is 19 years old or older;</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(4)"> <text>Is enrolled in the approved basic health and safety training; and</text> </paragraph> <paragraph num="(5)"> <text>Meets the requirements of §B or C of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Child development;</text> </paragraph> <paragraph num="(d)"> <text>Home economics;</text> </paragraph> <paragraph num="(e)"> <text>Nursing;</text> </paragraph> <paragraph num="(f)"> <text>Social work;</text> </paragraph> <paragraph num="(g)"> <text>Special education; or</text> </paragraph> <paragraph num="(h)"> <text>A related field approved by the Department; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is enrolled in 90 clock hours or 6 semester hours of approved preservice training.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A probationary employee shall complete:</text> <paragraph num="(1)"> <text>The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment;</text> </paragraph> <paragraph num="(2)"> <text>The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and</text> </paragraph> <paragraph num="(3)"> <text>The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a school age center shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center.</text> </paragraph> <paragraph num="F."> <text>If a school age center requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may:</text> <paragraph num="(1)"> <text>Without further cause, deny the request and direct the school age center to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center; or</text> </paragraph> <paragraph num="(2)"> <text>Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the center for a period of time determined by the Department and approved by the Superintendent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Assistant Child Care Teacher."> <paragraph num="A."> <text>To qualify as an assistant child care teacher in a school age center, an individual shall:</text> <paragraph num="(1)"> <text>Be 18 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Hold a high school diploma or a certificate of high school equivalence, or have successfully completed courses for credit from an accredited college or university;</text> </paragraph> <paragraph num="(3)"> <text>Have completed 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or have completed at least one academic college course for credit;</text> </paragraph> <paragraph num="(4)"> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and</text> </paragraph> <paragraph num="(5)"> <text>Have at least one of the following:</text> <paragraph num="(a)"> <text>800 hours of recent paid or documented volunteer experience supervising groups of school-age children in educational, recreational, social, or guidance contexts;</text> </paragraph> <paragraph num="(b)"> <text>600 hours of approved experience and 15 clock hours of approved college coursework; or</text> </paragraph> <paragraph num="(c)"> <text>400 hours of approved experience and 3 semester hours or 45 clock hours, or their equivalent, of approved college coursework.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An individual may substitute completion of 1 full year of undergraduate education at an accredited college or university for up to 400 hours of approved experience.</text> </paragraph> <paragraph num="C."> <text>An assistant child care teacher in a school age center shall:</text> <paragraph num="(1)"> <text>According to the individual's professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as an assistant child care teacher, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 3 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 3 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An assistant child care teacher may lead the activities of a group of school-age children if:</text> <paragraph num="(1)"> <text>The director, a child care teacher, or an approved director or child care teacher substitute is available to render immediate assistance to the assistant child care teacher; and</text> </paragraph> <paragraph num="(2)"> <text>The staff/child ratio required by this chapter is maintained at all times.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An individual who qualified before July 1, 2008, as an assistant child care teacher in a school age center and has been continuously employed since that time as an assistant child care teacher at the same or another school age center meets the requirements of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Aides."> <paragraph num="A."> <text>An aide shall:</text> <paragraph num="(1)"> <text>Be 16 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Work under the direct supervision of the staff person in charge of the group of children to whom the aide is assigned; and</text> </paragraph> <paragraph num="(3)"> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An aide in a child care center shall:</text> <paragraph num="(1)"> <text>According to the individual’s professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as a child care aide, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 3 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 3 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Unless an individual, hired on or after January 1, 2009, to work as an aide, has completed 90 clock hours or the equivalent in early childhood education preservice training, the individual shall complete, within 6 months after the date of hire, an orientation session that follows guidelines established by the office and includes, but is not limited to:</text> <paragraph num="(1)"> <text>Proper child supervision;</text> </paragraph> <paragraph num="(2)"> <text>Workplace professionalism; and</text> </paragraph> <paragraph num="(3)"> <text>Interacting with parents.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Substitutes."> <paragraph num="A."> <text>A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older.</text> </paragraph> <paragraph num="B."> <text>When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.16.08.03.</text> </paragraph> <paragraph num="C."> <text>If a substitute is needed for longer than a continuous 2-week period, the operator shall provide a substitute who meets the qualifications required in this chapter for the absent staff member, or demonstrate that reasonable efforts have been made, with no success, to obtain a qualified substitute.</text> </paragraph> <paragraph num="D."> <text>If a staff member is absent for more than a continuous 2-week period due to family or medical leave, the operator may receive permission from the office to employ a substitute for that absent staff member who does not meet the education, training, and experience qualifications for the absent staff member's position.</text> </paragraph> <paragraph num="E."> <text>In a center where staff/child ratio and group size requirements set forth in COMAR 13A.16.08.03 require the presence of only one staff member, the substitute shall be qualified as a director or a teacher.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Support Personnel."> <paragraph num="A."> <text>The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.</text> </paragraph> <paragraph num="B."> <text>In a small center, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.</text> </paragraph> <paragraph num="C."> <text>The operator of a center that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant to the center in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Volunteers."> <paragraph num="A."> <text>A child care center volunteer shall be under the close supervision of a staff member whenever the volunteer is in contact with an unrelated child in care at the center.</text> </paragraph> <paragraph num="B."> <text>The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the center pursuant to Regulation .03A or B of this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02K adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 14); April 18, 2022 (49:7 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A, C amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 adopted effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10-1 adopted effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, C amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13E adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> </annotations> </chapter> <chapter num="07" heading="Child Protection"> <regulation prefix="Regulation" num=".01" heading="Prohibition of Abuse, Neglect, and Injurious Treatment."> <text>An operator, employee, substitute, volunteer, individual residing on the premises of the center, or other individual connected with the center may not subject a child to abuse, neglect, mental injury, or injurious treatment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Abuse/Neglect Reporting."> <paragraph num="A."> <text>An operator, employee, substitute, or volunteer who has reason to believe that a child has been:</text> <paragraph num="(1)"> <text>Abused, in the center or outside of the center, shall report that belief directly to the protective services unit of the local department or to a law enforcement agency, as required under Maryland law;</text> </paragraph> <paragraph num="(2)"> <text>Neglected, in the center or outside of the center, shall report that belief directly to the protective services unit of the local department as required under Maryland law.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a child has been subjected to injurious treatment, it shall be reported to the office.</text> </paragraph> <paragraph num="C."> <text>An operator shall:</text> <paragraph num="(1)"> <text>Instruct the staff to monitor all children daily for signs and symptoms of child abuse and neglect;</text> </paragraph> <paragraph num="(2)"> <text>Instruct staff about their legal obligations to report suspected child abuse or neglect directly to the local department or the appropriate law enforcement agency; and</text> </paragraph> <paragraph num="(3)"> <text>Post, near each telephone in the facility, the telephone numbers of the Child Protective Services unit of the local department and the appropriate law enforcement agency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An operator may not require an employee, substitute, or volunteer to report through the operator or director, rather than directly to the local department or a law enforcement agency, when the employee has reason to believe that a child has been abused or neglected.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Child Discipline."> <paragraph num="A."> <text>Child discipline shall be:</text> <paragraph num="(1)"> <text>Appropriate to the age, maturity, and physical condition of the child; and</text> </paragraph> <paragraph num="(2)"> <text>Consistent with the requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The operator, employee, substitute, or volunteer may not:</text> <paragraph num="(1)"> <text>Force a child to eat or drink;</text> </paragraph> <paragraph num="(2)"> <text>Punish a child for refusing to eat or drink;</text> </paragraph> <paragraph num="(3)"> <text>Withhold food or beverages as punishment; or</text> </paragraph> <paragraph num="(4)"> <text>Spank, hit, shake, or use any other means of physical discipline.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The operator shall:</text> <paragraph num="(1)"> <text>Prepare a written child discipline policy that states the:</text> <paragraph num="(a)"> <text>Discipline methods used at the center; and</text> </paragraph> <paragraph num="(b)"> <text>The circumstances under which the child discipline methods may be applied;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Make the child discipline policy available to:</text> <paragraph num="(a)"> <text>The parent of each child in care;</text> </paragraph> <paragraph num="(b)"> <text>A parent who is considering whether to enroll their children; and</text> </paragraph> <paragraph num="(c)"> <text>The office; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Ensure that the child discipline policy is followed by each employee, substitute, volunteer, and other individual connected with the center.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Parental Access."> <text>An operator shall permit the parent of a child in care to:</text> <paragraph num="A."> <text>Freely observe all areas of the center used for child care during operating hours; and</text> </paragraph> <paragraph num="B."> <text>Have access to the parent's child at any time during the center's hours of operation, without appointment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Authorized Release."> <text>An operator shall ensure that a staff member release a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified. If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Child Security."> <paragraph num="A."> <text>The operator shall ensure the safety and security of each child at all times.</text> </paragraph> <paragraph num="B."> <text>Whenever an area of the center is being used for a child care activity and children are present, the operator may not permit the area to be used at the same time for any other purpose without prior approval of the office.</text> </paragraph> <paragraph num="C."> <text>Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.</text> </paragraph> <paragraph num="D."> <text>An employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:</text> <paragraph num="(1)"> <text>Accompany a child whenever the child is in the presence of another individual, unless the individual is:</text> <paragraph num="(a)"> <text>Another child in care;</text> </paragraph> <paragraph num="(b)"> <text>A health service consultant used by the facility operator pursuant to COMAR 13A.16.06.14C;</text> </paragraph> <paragraph num="(c)"> <text>The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, academic, or other service to the child;</text> </paragraph> <paragraph num="(e)"> <text>During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the center; or</text> </paragraph> <paragraph num="(f)"> <text>If the center is located at a school, an individual who for compensation is employed to work at the school; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless documentation is on file at the center that an independent contractor performing a service at the center has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area where children are present.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Activity Not Conducted by a Staff Member.</text> <paragraph num="(1)"> <text>An activity involving the participation of children that is not conducted or led by a staff member is not permitted unless:</text> <paragraph num="(a)"> <text>An appropriately qualified staff member is present throughout the activity to supervise the children; or</text> </paragraph> <paragraph num="(b)"> <text>The center is located on the premises of a school and the activity is conducted under school auspices by an individual who for compensation is employed to work at the school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A child may not participate in the activity unless the center has received prior written permission from the child's parent or guardian for the child's participation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, C amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C, D amended effective January 23, 2012 (39:1 Md. R. 20); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="08" heading="Child Supervision"> <regulation prefix="Regulation" num=".01" heading="Individualized Attention and Care."> <text>An operator shall ensure that:</text> <paragraph num="A."> <text>Each child receives:</text> <paragraph num="(1)"> <text>Attention to the child's individual needs, including but not limited to:</text> <paragraph num="(a)"> <text>Making reasonable accommodations for a child with a disability; and</text> </paragraph> <paragraph num="(b)"> <text>Allowing an adult who provides specialized services to a child in care to provide those services on the facility premises as specified in the child’s individualized education plan, individualized family service plan, or written behavioral plan; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Adequate supervision and care at all times which is:</text> <paragraph num="(a)"> <text>Provided only by individuals who are designated by the operator to provide supervision and care; and</text> </paragraph> <paragraph num="(b)"> <text>Appropriate to the individual age, needs, and capabilities of the child;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Each staff member providing care to a child is:</text> <paragraph num="(1)"> <text>Oriented to the child's individual care needs; and</text> </paragraph> <paragraph num="(2)"> <text>Prepared to provide the appropriate individual care;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used by the operator to meet the child's individual care needs;</text> </paragraph> <paragraph num="D."> <text>A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as scissors, sharp tools, or knives; and</text> </paragraph> <paragraph num="E."> <text>A child is allowed to travel to or from school or a school transportation site without adult supervision only if:</text> <paragraph num="(1)"> <text>The child is in the first or a higher grade; and</text> </paragraph> <paragraph num="(2)"> <text>The child's parent and the operator agree in writing that the child can travel safely without adult supervision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Supervision by Qualified Staff."> <paragraph num="A."> <text>At all times while in care, each child shall be assigned to a group of children that is supervised by an individual who:</text> <paragraph num="(1)"> <text>Meets the requirements of COMAR 13A.16.06.09 or .10, depending on the age composition of the group; or</text> </paragraph> <paragraph num="(2)"> <text>Has received a variance, issued by the Office, from the requirements of COMAR 13A.16.06.09 or .10 in order to serve as a teacher for the purpose of providing instruction to the group in a specific discipline such as, but not limited to, karate, dance, or music.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The operator shall assign qualified child care teachers to each group of children as needed to meet the requirements for group size and staffing set forth at Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>An infant or toddler may be handled or fed only by an individual designated to do so by the center operator.</text> </paragraph> <paragraph num="D."> <text>Staff Availability.</text> <paragraph num="(1)"> <text>An operator shall designate a child care teacher to be present and in charge of the center in case of the director's temporary absence from the center.</text> </paragraph> <paragraph num="(2)"> <text>If a preschool child care teacher or a school age child care teacher, as applicable, is not available for assignment to a group of children, the center director may supervise the group until a child care teacher becomes available for assignment.</text> </paragraph> <paragraph num="(3)"> <text>If the only children in attendance at the center are:</text> <paragraph num="(a)"> <text>Younger than 2 years old and only one staff member is needed to meet staff/child ratio requirements, the operator shall ensure that an additional staff member or another adult, who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records, is available in the center; or</text> </paragraph> <paragraph num="(b)"> <text>2 years old or older and only one staff member is needed to meet staff/child ratio requirements, the operator shall have a written, signed, and dated agreement from an adult who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records and is willing and able to be at the center within 15 minutes of notification.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Group Size and Staffing."> <paragraph num="A."> <text>Assignment of Staff. One or more child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—E of this regulation.</text> </paragraph> <paragraph num="B."> <text>Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.</text> </paragraph> <paragraph num="C."> <text>Same-Age Groups.</text> <paragraph num="(1)"> <text>In a group of children in which each child is younger than 2 years old, the following staff/child ratio and maximum group size requirements apply:</text> </paragraph> <paragraph num="(2)"> <text>In a group of children of the same age who are 2 years old or older, the following staff/child ratio and maximum group size requirements apply:</text> </paragraph> </paragraph> <paragraph num="D."> <text>Mixed-Age Groups.</text> <paragraph num="(1)"> <text>In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:</text> </paragraph> <paragraph num="(2)"> <text>In a mixed-age group with preschool children:</text> <paragraph num="(a)"> <text>The group size may not exceed 20 children;</text> </paragraph> <paragraph num="(b)"> <text>If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;</text> </paragraph> <paragraph num="(c)"> <text>If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and</text> </paragraph> <paragraph num="(d)"> <text>If the group contains children who are 2 years old and the group size varies, the following minimum staffing levels apply:</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>School-Age Groups. In a group where 3-year-old and 4-year-old children, enrolled in a public or nonpublic school, are mixed with school-age children, the following minimum staffing levels and maximum group size requirements apply:</text> </paragraph> </paragraph> <paragraph num="E."> <text>Group Size and Staffing in Approved Educational Programs.</text> <paragraph num="(1)"> <text>During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:</text> </paragraph> <paragraph num="(2)"> <text>A nursery school may not exceed a staff/child ratio or group size requirement set forth at §E(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.</text> </paragraph> <paragraph num="(3)"> <text>When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Variations in Group Size."> <paragraph num="A."> <text>Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the operator maintains the staff/child ratios required by this chapter.</text> </paragraph> <paragraph num="B."> <text>Groups containing only school age children may be of any size, pursuant to a plan approved by the office, if the staff/child ratios required by this chapter are maintained.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Supervision During Water Activities."> <paragraph num="A."> <text>An operator shall have prior written approval from a child's parent for the child's participation in a water activity.</text> </paragraph> <paragraph num="B."> <text>If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.</text> </paragraph> <paragraph num="C."> <text>If the water exceeds 4 feet in depth, there shall be a lifeguard present who:</text> <paragraph num="(1)"> <text>Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;</text> </paragraph> <paragraph num="(2)"> <text>Is present at waterside during the swimming activity; and</text> </paragraph> <paragraph num="(3)"> <text>Is not included in the required staff/child ratio.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Supervision During Transportation."> <text>When child transportation is conducted to or from:</text> <paragraph num="A."> <text>The center by the center operator, there shall be at least one adult, who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.16.07.06D, other than the driver present in the vehicle if:</text> <paragraph num="(1)"> <text>More than eight preschoolers are being transported as a group; or</text> </paragraph> <paragraph num="(2)"> <text>At least one child is being transported and the driver of the vehicle is not:</text> <paragraph num="(a)"> <text>A center employee; or</text> </paragraph> <paragraph num="(b)"> <text>The parent of a child in care who is authorized by the operator to assist in transporting children in care; or</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An off-site activity by an independent contractor or a local school district and at least one child in care is being transported, the center operator shall ensure that there is at least one adult other than the driver present in the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Playground Supervision."> <text>When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:</text> <paragraph num="A."> <text>Station themselves among the children so that immediate intervention can occur if necessary; and</text> </paragraph> <paragraph num="B."> <text>If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Rest Time Supervision."> <paragraph num="A."> <text>During a rest period for a group of children who are younger than 2 years old:</text> <paragraph num="(1)"> <text>The required staff/child ratio applicable to that group shall be maintained; and</text> </paragraph> <paragraph num="(2)"> <text>Each staff member assigned to the group shall remain with the children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>During a rest period for a group of children who are 2 years old or older:</text> <paragraph num="(1)"> <text>The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and</text> </paragraph> <paragraph num="(2)"> <text>Once all the children in the group are resting quietly:</text> <paragraph num="(a)"> <text>At least one child care teacher or aide assigned to the group shall continue to remain in the room with the children; and</text> </paragraph> <paragraph num="(b)"> <text>Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§ 9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="09" heading="Program Requirements"> <regulation prefix="Regulation" num=".01" heading="Schedule of Daily Activities for All Children."> <paragraph num="A."> <text>The operator shall prepare, post, and follow a written schedule of daily activities and offer activities that:</text> <paragraph num="(1)"> <text>Promote the sound emotional, social, intellectual, and physical growth of each child;</text> </paragraph> <paragraph num="(2)"> <text>Are appropriate to the age, needs, and capabilities of the child based on the current recommendations of the American Academy of Pediatrics, such as short periods of tummy time, under adult supervision, while awake for a child under 12 months old;</text> </paragraph> <paragraph num="(3)"> <text>Include opportunities for individual and group participation;</text> </paragraph> <paragraph num="(4)"> <text>Include a balance between self-selected and staff-directed activities;</text> </paragraph> <paragraph num="(5)"> <text>Include a balance between active and quiet periods;</text> </paragraph> <paragraph num="(6)"> <text>Include periods of rest appropriate to the age, needs, and activities of the child; and</text> </paragraph> <paragraph num="(7)"> <text>Include outdoor play in the morning and afternoon except that outdoor play need not be included:</text> <paragraph num="(a)"> <text>When the weather is inclement; or</text> </paragraph> <paragraph num="(b)"> <text>In a before-school program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A before-school and after-school program schedule of activities shall take into consideration that the child has attended an instructional program during regular school hours.</text> </paragraph> <paragraph num="C."> <text>Screen Time Activities.</text> <paragraph num="(1)"> <text>Definitions. In this section, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Interactive technology” means educational and age-appropriate technology, including programs, applications (apps), noncommercial television programming, videos, streaming media, and ebooks, that is designed to:</text> <paragraph num="(i)"> <text>Facilitate active and creative use of technology; and</text> </paragraph> <paragraph num="(ii)"> <text>Encourage social engagement with other children and adults.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Passive technology” means noninteractive television, videos, and streaming media.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Limited use of appropriate interactive technology may support, but may not replace, creative play, physical activity, hands-on exploration, outdoor experiences, social interactions, and other developmentally appropriate learning activities for children 2 years old or older.</text> </paragraph> <paragraph num="(3)"> <text>Viewing Restrictions. Except as set forth in §C(4) of this regulation, a child in attendance who is:</text> <paragraph num="(a)"> <text>Younger than 2 years old may not be permitted to view any passive technology; and</text> </paragraph> <paragraph num="(b)"> <text>2 years old or older may not be permitted to view more than 30 minutes of age-appropriate, educational passive technology per week.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>An occasional exception to the weekly passive technology viewing limit set forth in §C(3) of this regulation may be made for a special event or project, including a holiday or birthday celebration, or for educational content that is related to the center's curriculum.</text> </paragraph> <paragraph num="(b)"> <text>If an exception to the weekly passive technology viewing limit is made, a written record of the exception shall be made and retained on file that documents the:</text> <paragraph num="(i)"> <text>Nature and duration of the programming viewed; and</text> </paragraph> <paragraph num="(ii)"> <text>Reason for the exception.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>No child may be permitted to view any:</text> <paragraph num="(a)"> <text>Passive or interactive technology during a meal or a snack; or</text> </paragraph> <paragraph num="(b)"> <text>Media with brand placement or advertising for unhealthy or sugary food or beverages.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The operator shall give the parent of each enrolled child a written screen time policy that addresses the use of passive and interactive technology during child care hours.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Activity Plans for Infants and Toddlers."> <paragraph num="A."> <text>An operator shall assign one staff member primary responsibility for each infant or toddler in care during each staff shift.</text> </paragraph> <paragraph num="B."> <text>Upon enrollment of an infant or toddler, the operator shall arrange for the director or senior staff, in consultation with the parent of the child, to prepare a written individualized activity plan for the child that:</text> <paragraph num="(1)"> <text>Addresses the child's normal pattern of activities, sleeping, and eating;</text> </paragraph> <paragraph num="(2)"> <text>Is consistent with the child's needs and capabilities;</text> </paragraph> <paragraph num="(3)"> <text>Identifies the staff member who is assigned primary responsibility for the care of the child during each staff shift;</text> </paragraph> <paragraph num="(4)"> <text>Ensures that the child is:</text> <paragraph num="(a)"> <text>Held, played with, and talked to;</text> </paragraph> <paragraph num="(b)"> <text>Except when sleeping, given opportunities to sit, crawl, toddle, or walk outside the infant's crib or playpen;</text> </paragraph> <paragraph num="(c)"> <text>Except in inclement weather, taken outdoors daily; and</text> </paragraph> <paragraph num="(d)"> <text>Diapered as needed and in accordance with the approved diapering procedure.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>For an infant or toddler, the written activity plan required at the time of the child's admission to care shall be:</text> <paragraph num="(1)"> <text>Posted for reference in the space used by the child's group;</text> </paragraph> <paragraph num="(2)"> <text>Implemented by each staff member having responsibility for care of the child;</text> </paragraph> <paragraph num="(3)"> <text>Modified in consultation with the child's parent as necessitated by the child's developmental needs; and</text> </paragraph> <paragraph num="(4)"> <text>Reevaluated at least every 3 months.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon the request of a parent of a child in care, the operator shall assist the parent with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening for the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Activity Materials, Equipment, and Furnishings."> <paragraph num="A."> <text>For indoor and outdoor activities, an operator shall provide to each group of children in care a sufficient quantity and variety of activity materials, equipment, and furnishings according to the numbers, ages, and developmental needs of the children.</text> </paragraph> <paragraph num="B."> <text>Activity materials and equipment shall be:</text> <paragraph num="(1)"> <text>Provided for:</text> <paragraph num="(a)"> <text>Vigorous play;</text> </paragraph> <paragraph num="(b)"> <text>Creative and dramatic play;</text> </paragraph> <paragraph num="(c)"> <text>Socialization;</text> </paragraph> <paragraph num="(d)"> <text>Manipulation, including construction materials;</text> </paragraph> <paragraph num="(e)"> <text>Exploration of art, music, language arts, and science; and</text> </paragraph> <paragraph num="(f)"> <text>Individual pursuits;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Appropriate to each child's individual development of cognitive, social, emotional, and fine and gross motor skills;</text> </paragraph> <paragraph num="(3)"> <text>Easily accessible to each child for whose use they are intended; and</text> </paragraph> <paragraph num="(4)"> <text>In good repair, clean, nontoxic, and free from hazards including lead paint.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In reviewing materials and equipment in before-school and after-school programs, the office shall take into consideration that the child has attended an instructional program during regular school hours.</text> </paragraph> <paragraph num="D."> <text>Furnishings used by a child shall be scaled in proportion to the child's size.</text> </paragraph> <paragraph num="E."> <text>The operator shall provide multipurpose tables and chairs for children who are 2 years old or older.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Rest Furnishings."> <paragraph num="A."> <text>There shall be:</text> <paragraph num="(1)"> <text>A suitable cot or mat for each child 12 months old to 5 years old present in the center for more than 4 hours, and for children 5 years old or older who regularly take rest periods in the center;</text> </paragraph> <paragraph num="(2)"> <text>A suitable bed for each child who is 12 months old or older and who is present in the center during those hours which are usual nighttime sleep hours for that child;</text> </paragraph> <paragraph num="(3)"> <text>An adequate supply of clean bedding provided for each child who takes rest periods at the center; and</text> </paragraph> <paragraph num="(4)"> <text>A crib with a snugly fitting mattress, moisture-proof mattress covering, and tight fitting sheet for each child in the center who is:</text> <paragraph num="(a)"> <text>Younger than 12 months old; or</text> </paragraph> <paragraph num="(b)"> <text>An infant 12 months old or older or a toddler, if the child's parent requests a crib.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>When in use, all cots, mats, and beds shall be appropriately spaced to facilitate safe movement and evacuation of staff and children.</text> </paragraph> <paragraph num="C."> <text>Each crib shall meet the current standards of the U.S. Consumer Product Safety Commission.</text> </paragraph> <paragraph num="D."> <text>Stackable cribs may not be used.</text> </paragraph> <paragraph num="E."> <text>Each crib in use shall be placed so that:</text> <paragraph num="(1)"> <text>It presents at least one long side without a wall, plexiglass panel, or other solid barrier;</text> </paragraph> <paragraph num="(2)"> <text>Unless separated from an adjacent crib by a solid barrier, it does not rest against the other crib; and</text> </paragraph> <paragraph num="(3)"> <text>There is a space of at least 3 feet if placed side-to-side and 18 inches if placed end-to-end between two adjacent cribs that are not separated by a solid barrier.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each sleep surface used for a child under 12 months old shall be firm, flat, and non-inclined, unless the need for an incline is specified in writing by the child’s physician or other licensed health care provider.</text> </paragraph> <paragraph num="G."> <text>Soft bedding items, including but not limited to pillows, quilts, comforters, and crib bumpers, may not be used as rest furnishings for a child using a crib.</text> </paragraph> <paragraph num="H."> <text>A child under 12 months who falls asleep in a furnishing other than a crib shall be moved immediately to an approved sleeping arrangement specified at §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Infant-Toddler Equipment."> <paragraph num="A."> <text>A sufficient number of strollers or carriages with appropriate restraints shall be available to accommodate all non-walking infants present in care.</text> </paragraph> <paragraph num="B."> <text>The use of walkers is prohibited.</text> </paragraph> <paragraph num="C."> <text>The center shall have furnishings that allow the safe and easy feeding of children younger than 2 years old, including but not limited to high chairs, toddler tables, and chairs for staff members to use while holding infants for feeding.</text> </paragraph> <paragraph num="D."> <text>If high chairs are used, each high chair shall be equipped with age-appropriate restraints.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Storage."> <text>There shall be appropriate storage for:</text> <paragraph num="A."> <text>Materials and equipment;</text> </paragraph> <paragraph num="B."> <text>Mats, cots, beds, and bedding;</text> </paragraph> <paragraph num="C."> <text>Portable equipment intended for outdoor use;</text> </paragraph> <paragraph num="D."> <text>Each child's clothing and possessions in an individual space; and</text> </paragraph> <paragraph num="E."> <text>Materials, equipment, furnishings, and supplies being held in reserve.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333;Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G adopted effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="10" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Emergency Safety Requirements."> <paragraph num="A."> <text>Emergency and Disaster Plan.</text> <paragraph num="(1)"> <text>At least one center employee shall:</text> <paragraph num="(a)"> <text>Complete emergency preparedness training that is approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>As part of the approved emergency preparedness training, prepare a written emergency and disaster plan for the center.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The operator shall maintain the emergency and disaster plan prepared in accordance with §A(1)(b) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The emergency and disaster plan shall:</text> <paragraph num="(a)"> <text>Establish procedures for:</text> <paragraph num="(i)"> <text>Evacuating the center, including an evacuation route;</text> </paragraph> <paragraph num="(ii)"> <text>Relocating staff and children to a designated safe site;</text> </paragraph> <paragraph num="(iii)"> <text>Sheltering in place in the event that evacuation is not feasible;</text> </paragraph> <paragraph num="(iv)"> <text>Notifying parents of children in care; and</text> </paragraph> <paragraph num="(v)"> <text>Addressing the individual needs of children, including children with special needs;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Contain:</text> <paragraph num="(i)"> <text>The name of, and contact information for the local emergency operations center;</text> </paragraph> <paragraph num="(ii)"> <text>Assignment of staff responsibilities during an emergency or disaster;</text> </paragraph> <paragraph num="(iii)"> <text>A list of local emergency services numbers; and</text> </paragraph> <paragraph num="(iv)"> <text>The radio station call sign and frequency for the local Emergency Alert System;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Be practiced by staff and children at least:</text> <paragraph num="(i)"> <text>Once per month for fire evacuation; and</text> </paragraph> <paragraph num="(ii)"> <text>Twice per year for other emergency and disaster situations; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Be updated at least annually.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A copy of the emergency escape route floor plan shall be posted in each area and room in the center.</text> </paragraph> <paragraph num="(5)"> <text>Each employee shall be oriented to the contents of the written emergency and disaster plan required at §A(2) of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>In the event of a declared emergency, the operator shall be prepared to respond as directed by the local emergency management agency through sources of public information.</text> </paragraph> <paragraph num="(7)"> <text>During an emergency evacuation or practice, a staff member shall take attendance records out of the center and determine the presence of each child currently in attendance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care center is included within a comprehensive emergency and disaster plan, the center operator shall ensure that:</text> <paragraph num="(1)"> <text>The comprehensive plan contents meet all emergency and disaster plan requirements set forth at §A(2)(a) and (b) of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the comprehensive plan is available to all staff.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An operator shall post, immediately accessible to each telephone in the center, a notice stating the:</text> <paragraph num="(1)"> <text>9-1-1 emergency telephone number to summon fire, police, and rescue services;</text> </paragraph> <paragraph num="(2)"> <text>Center's name, address, and telephone number;</text> </paragraph> <paragraph num="(3)"> <text>Telephone number of the protective services unit of the local department of social services;</text> </paragraph> <paragraph num="(4)"> <text>Telephone number of a poison control center;</text> </paragraph> <paragraph num="(5)"> <text>Name and telephone number of the local health department or a physician to consult about issues regarding health and illnesses;</text> </paragraph> <paragraph num="(6)"> <text>Name and telephone number of the available adult as required by COMAR 13A.16.08.02D(3); and</text> </paragraph> <paragraph num="(7)"> <text>Telephone number of the office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="First Aid and CPR."> <paragraph num="A."> <text>At all times, including during an off-site activity, at least one child care teacher or the director shall be present who holds a current certificate indicating successful completion of approved:</text> <paragraph num="(1)"> <text>Basic first aid training through the American Red Cross, or a program with equivalent standards, which is appropriate to all child age groups for which the center is approved; and</text> </paragraph> <paragraph num="(2)"> <text>Cardiopulmonary resuscitation (CPR) training through the American Heart Association, or a program with equivalent standards, which is appropriate to all child age groups for which the center is approved.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A center with an approved capacity of more than 20 children shall have in attendance, in a ratio of at least one staff member for every 20 children present, staff members who are currently certified in approved first aid and CPR as specified at §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Whenever a child in care is being transported under center auspices to or from the center, there shall be at least one adult present in the vehicle who is currently certified in approved CPR and first aid. This requirement may be met by the driver of the vehicle if the driver is an employee of the center.</text> </paragraph> <paragraph num="D."> <text>§C of this regulation does not apply if the driver of the vehicle is a parent of a child in care who is designated by the center operator to assist in transporting children in care.</text> </paragraph> <paragraph num="E."> <text>An operator shall maintain first aid supplies as required by the office, conveniently accessible for each group of children at the center and at an off-site activity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Safe Use of Materials and Equipment."> <text>The operator shall ensure that furnishings, activity materials, and equipment, whether intended for indoor use or outdoor use, are used:</text> <paragraph num="A."> <text>In a safe and appropriate manner by each employee and each child in attendance; and</text> </paragraph> <paragraph num="B."> <text>As applicable, in accordance with manufacturer instructions or recommendations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Potentially Hazardous Items."> <paragraph num="A."> <text>An operator shall store all potentially harmful items, including but not limited to the items described in §§B—F of this regulation, in locations which are inaccessible to children in care.</text> </paragraph> <paragraph num="B."> <text>Petroleum and flammable products shall be stored in an approved manner.</text> </paragraph> <paragraph num="C."> <text>Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.</text> </paragraph> <paragraph num="D."> <text>Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.</text> </paragraph> <paragraph num="E."> <text>A pesticide may be used only if it is:</text> <paragraph num="(1)"> <text>Approved by the U.S. Environmental Protection Agency;</text> </paragraph> <paragraph num="(2)"> <text>Used according to the manufacturer's instructions;</text> </paragraph> <paragraph num="(3)"> <text>Used only when children are not in care; and</text> </paragraph> <paragraph num="(4)"> <text>Stored apart from food, beverages, and cleaning agents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts shall be stored in an approved manner.</text> </paragraph> <paragraph num="G."> <text>Each electrical socket that is accessible to children in care shall be plugged or capped as required by the applicable fire code.</text> </paragraph> <paragraph num="H."> <text>Except in a small center located in a residence, a firearm may not be kept on the premises.</text> </paragraph> <paragraph num="I."> <text>In a small center located in a residence where a firearm is maintained, the firearm shall be kept:</text> <paragraph num="(1)"> <text>In a location not used by children in care; and</text> </paragraph> <paragraph num="(2)"> <text>Unloaded and partially disassembled in a locked container with ammunition stored in its own separate locked container.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Window Coverings. A window covering installed:</text> <paragraph num="(1)"> <text>Before October 1, 2010, shall not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or</text> </paragraph> <paragraph num="(2)"> <text>On or after October 1, 2010, shall be cordless.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Rest Time Safety."> <paragraph num="A."> <text>Unless specified otherwise in writing by the child’s physician, or other licensed health care provider, a child who:</text> <paragraph num="(1)"> <text>Cannot roll over without assistance shall be placed for sleep on the child's back; or</text> </paragraph> <paragraph num="(2)"> <text>Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless the need for a positioning device is specified in writing by the child’s physician, or other licensed health care provider, a restricting device of any type, including swaddling, may not be applied to a resting child.</text> </paragraph> <paragraph num="C."> <text>Weighted rest items, including but not limited to blankets, sleepers, and swaddles, may not be used for a child under 12 months old.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Transportation."> <paragraph num="A."> <text>Unless being transported in a licensed school bus or contract motor coach, each child who is transported in a vehicle while in care shall be separately secured in a child car seat or seat belt which is appropriate for the child's age and weight, as specified by Maryland law.</text> </paragraph> <paragraph num="B."> <text>A vehicle used to transport a child in care shall comply with all applicable State and federal safety requirements.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (50:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="11" heading="Health"> <regulation prefix="Regulation" num=".01" heading="Exclusion for Acute Illness."> <paragraph num="A."> <text>Child care staff shall:</text> <paragraph num="(1)"> <text>Monitor a child for signs and symptoms of acute illness;</text> </paragraph> <paragraph num="(2)"> <text>Notify a child's parent or other designated person upon observing a sign or symptom of acute illness; and</text> </paragraph> <paragraph num="(3)"> <text>Provide temporary isolation for the affected child in a suitably equipped separate area within sight and hearing of an adult.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except in centers for children with acute illness, an operator may not admit a child to care or allow a child to remain in care when the child is exhibiting symptoms of acute illness.</text> </paragraph> <paragraph num="C."> <text>A child may not be readmitted to care after an absence of 3 days or more due to illness without a written statement from the parent or physician that the child may return to a regular schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Infectious and Communicable Diseases."> <paragraph num="A."> <text>An operator shall immediately transmit to the health officer a report of the name and address of a child or a staff member who appears to be infected with a reportable communicable disease or who has been exposed to a reportable communicable disease as indicated in COMAR 10.06.01.03.</text> </paragraph> <paragraph num="B."> <text>Except in centers for children with acute illness, an operator may not knowingly admit to care or retain in care a child with a transmissible infection or a communicable disease during the period of exclusion recommended for that infection or disease as shown in the Communicable Disease Summary, as published by the Maryland Department of Health, unless the health officer grants approval for the child to attend child care during that period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Preventing Spread of Disease."> <paragraph num="A."> <text>A written handwashing procedure approved by the office shall be posted at each sink used for washing hands.</text> </paragraph> <paragraph num="B."> <text>Hands shall be washed according to the posted approved procedure by a center employee, substitute, volunteer, or child in care at least:</text> <paragraph num="(1)"> <text>After toileting or diapering;</text> </paragraph> <paragraph num="(2)"> <text>Before food preparation or eating; and</text> </paragraph> <paragraph num="(3)"> <text>After an outdoor activity or handling an animal.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Diapering shall be performed in accordance with a written diapering procedure approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Medication Administration and Storage."> <paragraph num="A."> <text>Medication Administration.</text> <paragraph num="(1)"> <text>Medication, whether prescription or nonprescription, may not be administered to a child in care unless:</text> <paragraph num="(a)"> <text>Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received at the center before the medication is administered; and</text> </paragraph> <paragraph num="(b)"> <text>A licensed health practitioner has approved the administration of the medication and the medication dosage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A prescription medication may not be administered to a child unless at least one dose of the medication has been given to the child at home.</text> </paragraph> <paragraph num="(3)"> <text>If medication is by prescription, it shall be labeled by the pharmacy or physician with:</text> <paragraph num="(a)"> <text>The child's name;</text> </paragraph> <paragraph num="(b)"> <text>The date of the prescription;</text> </paragraph> <paragraph num="(c)"> <text>The name of the medication;</text> </paragraph> <paragraph num="(d)"> <text>The medication dosage;</text> </paragraph> <paragraph num="(e)"> <text>The administration schedule;</text> </paragraph> <paragraph num="(f)"> <text>The administration route;</text> </paragraph> <paragraph num="(g)"> <text>If applicable, special instructions, such as “take with food”;</text> </paragraph> <paragraph num="(h)"> <text>The duration of the prescription; and</text> </paragraph> <paragraph num="(i)"> <text>An expiration date that states when the medication is no longer useable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Topical Applications. A diaper rash product, sunscreen, or insect repellent supplied by a child's parent may be applied without prior approval of a licensed health practitioner.</text> </paragraph> <paragraph num="C."> <text>Medication shall be administered according to the instructions on the label of the medication container or a licensed health practitioner's written instructions, whichever are more recently dated.</text> </paragraph> <paragraph num="D."> <text>Recording Requirements.</text> <paragraph num="(1)"> <text>Each administration of a prescription or nonprescription medication to a child, including self-administration of a medication by the child, shall be noted in the child's record.</text> </paragraph> <paragraph num="(2)"> <text>Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child's record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Medication Storage.</text> <paragraph num="(1)"> <text>Each medication shall be:</text> <paragraph num="(a)"> <text>Labeled with the child's name, the dosage, and the expiration date;</text> </paragraph> <paragraph num="(b)"> <text>Stored as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and</text> </paragraph> <paragraph num="(c)"> <text>Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All medications shall be stored to make them inaccessible to children in care but readily accessible to each employee designated by the operator to administer medication.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Medication Administration Training.</text> <paragraph num="(1)"> <text>Whenever children in care are present, there shall be at least one center employee present who has completed medication administration training approved by the office.</text> </paragraph> <paragraph num="(2)"> <text>Medication may be administered to a child in care only by an employee who has completed approved medication administration training.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Section F of this regulation does not apply if:</text> <paragraph num="(1)"> <text>The center employs a registered nurse, licensed practical nurse, or medication technician certified by the Maryland Board of Nursing to administer medication to children in care; or</text> </paragraph> <paragraph num="(2)"> <text>Responsibility for administering medication to children in care is delegated to a center employee by a delegating nurse in accordance with COMAR 10.27.11.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Self-Administration of Medication.</text> <paragraph num="(1)"> <text>Before a child may self-administer medication while in care, the operator shall:</text> <paragraph num="(a)"> <text>Have a written order from the child's physician and the written request of the child's parent for the child's self-administration of medication;</text> </paragraph> <paragraph num="(b)"> <text>In consultation with the child's parent, establish a written procedure for self-administration of medication by the child based on the physician's written order; and</text> </paragraph> <paragraph num="(c)"> <text>Authorize the child to self-administer medication.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Revocation of Authorization to Self-Administer.</text> <paragraph num="(a)"> <text>An operator may revoke a child's authorization to self-administer medication if the child fails to follow the written procedure required by §H(1)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Immediately upon revoking the child's authorization to self-administer medication, the operator shall notify the child's parent of that revocation.</text> </paragraph> <paragraph num="(c)"> <text>The operator shall document the revocation of authorization to self-administer and the notification to the child's parent in the child's record.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Medical Cannabis.</text> <paragraph num="(1)"> <text>The administration of medical cannabis by a caregiver to a child who is a qualifying medical cannabis patient is governed by COMAR 10.62.01—10.62.37.</text> </paragraph> <paragraph num="(2)"> <text>The administration of medical cannabis that includes smoking or vaping is prohibited.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Alcohol, Tobacco, Cannabis, and Other Drugs."> <paragraph num="A."> <text>If a resident smokes or vapes any substance, including but not limited to tobacco or cannabis, the provider shall make this known in advance to parents who are considering placing their children in the center’s care.</text> </paragraph> <paragraph num="B."> <text>A resident may not consume alcohol during the center’s approved hours of operation.</text> </paragraph> <paragraph num="C."> <text>A provider and any other individual may not consume alcohol during the center’s approved hours of operation.</text> </paragraph> <paragraph num="D."> <text>During the center’s hours of operation, if an enrolled child is or will be on the premises, the provider or any other individual may not smoke or vape or permit smoking or vaping in any indoor or outdoor area approved for child care use.</text> </paragraph> <paragraph num="E."> <text>A provider and any other individual may not consume or be under the influence of alcohol, cannabis, or an illegal or nonprescribed controlled dangerous substance while:</text> <paragraph num="(1)"> <text>Present at the child care center during the center’s hours of operation; or</text> </paragraph> <paragraph num="(2)"> <text>Providing or assisting with the care of children during an off-site program activity or during transport.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A provider and any other individual shall ensure that all alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts are kept out of the reach of the children in care.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 618); June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); repealed permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="12" heading="Nutrition"> <regulation prefix="Regulation" num=".01" heading="Food Service."> <paragraph num="A."> <text>Food and Beverages.</text> <paragraph num="(1)"> <text>Food and beverages that are furnished by an operator for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.</text> </paragraph> <paragraph num="(2)"> <text>For children in care, unless provided by the child’s parent, the operator shall furnish:</text> <paragraph num="(a)"> <text>All beverages, including beverages for meals and snacks; and</text> </paragraph> <paragraph num="(b)"> <text>Milk with all meals.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A beverage furnished by the operator may not contain an added sweetener or caffeine, except for:</text> <paragraph num="(a)"> <text>Infant formula: or</text> </paragraph> <paragraph num="(b)"> <text>A beverage prescribed for a child by a health care provider.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If a child is:</text> <paragraph num="(a)"> <text>Younger than 2 years old, milk furnished to the child shall be supplied or approved by the child’s parent; or</text> </paragraph> <paragraph num="(b)"> <text>2 years old or older, milk furnished to the child by the operator shall be 1% fat milk or nonfat milk, unless otherwise ordered by a health care provider or requested by the child’s parent.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The operator may arrange with a child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the operator.</text> </paragraph> <paragraph num="(6)"> <text>The operator shall keep a supply of nutritious food on hand in order to provide food to a child whose parent has not supplied:</text> <paragraph num="(a)"> <text>Food for meals or snacks; or</text> </paragraph> <paragraph num="(b)"> <text>Sufficient food to meet the standards of the Child and Adult Care Food Program of the U.S. Department of Agriculture.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Hours of Operation. If a center operates:</text> <paragraph num="(1)"> <text>4 or more consecutive hours a day, the operator shall furnish either:</text> <paragraph num="(a)"> <text>All meals and snacks; or</text> </paragraph> <paragraph num="(b)"> <text>Snacks; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Less than 4 consecutive hours a day, the operator shall either:</text> <paragraph num="(a)"> <text>Furnish food and beverages for meals or snacks, or both; or</text> </paragraph> <paragraph num="(b)"> <text>Make arrangements with the parent of a child to provide food and beverages for meals or snacks, or both.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Except during approved hours of overnight care, an operator shall serve meals and snacks at intervals of not more than 3 hours according to the following schedule:</text> </paragraph> <paragraph num="D."> <text>If an operator chooses not to provide meals, the operator shall make arrangements with the parent of each child to provide food for meals.</text> </paragraph> <paragraph num="E."> <text>Menus. An operator shall:</text> <paragraph num="(1)"> <text>Post in a conspicuous place a weekly planned menu of foods and beverages furnished by the center for meals and snacks; and</text> </paragraph> <paragraph num="(2)"> <text>Keep a dated record of food actually served in the center, and to each child on a modified diet, on file for at least 4 weeks, correcting the planned menu if necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Modified Diet."> <text>If an operator agrees to accept a child who requires a modified diet for:</text> <paragraph num="A."> <text>Medical reasons, the operator shall obtain from the child's parent a written prescription for the diet signed and dated by the child's licensed health practitioner within the previous 6 months; or</text> </paragraph> <paragraph num="B."> <text>Cultural or religious reasons, the operator shall obtain written, dated instructions for the diet signed by the child's parent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Food Sources."> <paragraph num="A."> <text>An operator shall furnish food at the center only if it is wholesome and free from spoilage, filth, or other contamination and obtained from sources that comply with all laws relating to food, food processing, food handling, and food labeling.</text> </paragraph> <paragraph num="B."> <text>If an operator contracts to have food furnished from an outside source, such as a catering service, the operator shall ensure that the food:</text> <paragraph num="(1)"> <text>Has been prepared and processed in a licensed food service facility or in a licensed food processing plant; or</text> </paragraph> <paragraph num="(2)"> <text>Consists of a snack or party food which is not potentially hazardous and does not present a significant risk of transmitting food-borne disease.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An operator may not provide to the children home-canned goods or any other hermetically sealed food prepared in a place other than a licensed food processing establishment.</text> </paragraph> <paragraph num="D."> <text>An operator:</text> <paragraph num="(1)"> <text>Shall provide only fluid milk and fluid milk products that are:</text> <paragraph num="(a)"> <text>Pasteurized Grade A;</text> </paragraph> <paragraph num="(b)"> <text>Except as provided by §D(3) of this regulation, served from the original container; and</text> </paragraph> <paragraph num="(c)"> <text>Not more than 4 days older than the expiration date marked on the original container;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as provided at Regulation .06D of this chapter, may use dry milk, dry milk products, or reconstituted dry milk only for cooking purposes; and</text> </paragraph> <paragraph num="(3)"> <text>For meals and snacks, may serve milk family-style from a pitcher or similar container into which the milk has been poured from the original container.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Food Storage and Preparation."> <paragraph num="A."> <text>An operator shall:</text> <paragraph num="(1)"> <text>Protect all food from contamination while it is being stored, transported, or displayed; and</text> </paragraph> <paragraph num="(2)"> <text>Prepare and serve food, including infant formula, in a safe, sanitary, and healthful manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>There shall be sufficient storage areas for all food brought from home and all food held in reserve for service by the operator.</text> </paragraph> <paragraph num="C."> <text>Food shall be stored:</text> <paragraph num="(1)"> <text>In an area that is dry, cool, well-ventilated, well-lighted, and equipped with easily cleanable shelving; and</text> </paragraph> <paragraph num="(2)"> <text>At least 6 inches off the floor to facilitate cleaning.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In a small center, food may be stored:</text> <paragraph num="(1)"> <text>Separately from family food; or</text> </paragraph> <paragraph num="(2)"> <text>With family food if the operator chooses to have the entire family food storage area inspected.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If food is transferred for storage from its original container, the operator shall provide a secondary storage container that is:</text> <paragraph num="(1)"> <text>Easily cleanable;</text> </paragraph> <paragraph num="(2)"> <text>Nontoxic;</text> </paragraph> <paragraph num="(3)"> <text>Nonabsorbent;</text> </paragraph> <paragraph num="(4)"> <text>Tightly closed; and</text> </paragraph> <paragraph num="(5)"> <text>Clearly labeled as to its contents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The operator:</text> <paragraph num="(1)"> <text>May not store food below overhead waste lines;</text> </paragraph> <paragraph num="(2)"> <text>Shall maintain cooked, potentially hazardous hot food at or above a temperature of 140° F;</text> </paragraph> <paragraph num="(3)"> <text>Shall refrigerate potentially hazardous food at or below a temperature of 40° F;</text> </paragraph> <paragraph num="(4)"> <text>Shall keep frozen food at or below 0° F; and</text> </paragraph> <paragraph num="(5)"> <text>Shall restrict the movement of pets and other animals so that food and food contact surfaces are not contaminated.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Single service items such as paper and plastic cups, containers, lids, plates, knives, forks, spoons, and placemats shall be:</text> <paragraph num="(1)"> <text>Used only once; and</text> </paragraph> <paragraph num="(2)"> <text>Stored, handled, and dispensed to protect them from contamination.</text> </paragraph> </paragraph> <paragraph num="H."> <text>During an activity in which the children prepare food, the activity shall be planned and carried out in a manner consistent with the safety and health practices required in this subtitle.</text> </paragraph> <paragraph num="I."> <text>The operator shall discard:</text> <paragraph num="(1)"> <text>All spoiled fruits, vegetables, or other food;</text> </paragraph> <paragraph num="(2)"> <text>Refrozen food;</text> </paragraph> <paragraph num="(3)"> <text>Potentially hazardous frozen food that has been thawed and not immediately cooked and served;</text> </paragraph> <paragraph num="(4)"> <text>Swelled, rusty, or leaky canned foods;</text> </paragraph> <paragraph num="(5)"> <text>Foods exposed to fire, smoke, or water damage;</text> </paragraph> <paragraph num="(6)"> <text>After a child finishes eating, any remaining food that has come into contact with:</text> <paragraph num="(a)"> <text>The child's mouth; or</text> </paragraph> <paragraph num="(b)"> <text>An eating utensil that has been used by the child; and</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>After being left out for consumption by children during a meal or snack, any milk remaining in an opened original container, a pitcher or similar container, or a drinking vessel.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The operator shall send home or discard at the end of each day all opened containers of food brought from home for a child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Food Preparation Area and Equipment."> <paragraph num="A."> <text>Appliances and equipment in the food preparation area shall be:</text> <paragraph num="(1)"> <text>Cleaned and sanitized;</text> </paragraph> <paragraph num="(2)"> <text>In good repair;</text> </paragraph> <paragraph num="(3)"> <text>Capable of normal operation; and</text> </paragraph> <paragraph num="(4)"> <text>Not conducive to the harboring of insects and rodents.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Food contact surfaces shall be nontoxic, smooth, in good repair, and free of breaks, open seams, cracks, pits, and similar imperfections.</text> </paragraph> <paragraph num="C."> <text>Refrigeration shall be:</text> <paragraph num="(1)"> <text>Of sufficient capacity to store all food and beverages that require refrigeration;</text> </paragraph> <paragraph num="(2)"> <text>Operated at or below 40° F; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with an indicating thermometer graduated at 2° F intervals.</text> </paragraph> </paragraph> <paragraph num="D."> <text>All frozen food units shall be operated at 0° F or less, and shall be provided with an indicating thermometer.</text> </paragraph> <paragraph num="E."> <text>Centers operating more than 4 consecutive hours shall provide refrigeration.</text> </paragraph> <paragraph num="F."> <text>Except in a small center or when only snacks are provided by the operator, a separate handwashing sink which is equipped with soap and paper towels shall be provided in or adjacent to each food preparation area. Food preparation and utensil washing sinks may not be used for handwashing.</text> </paragraph> <paragraph num="G."> <text>A cooking exhaust hood shall be provided when routine cleaning does not eliminate condensation or greasy film.</text> </paragraph> <paragraph num="H."> <text>Utensils and equipment used for the preparation and service of food and beverages shall be cleaned, sanitized, air dried, and stored in a manner approved by the office.</text> </paragraph> <paragraph num="I."> <text>Floors and walls in a food preparation area shall be easily cleanable and maintained in a clean condition.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Infant Feeding."> <paragraph num="A."> <text>The operator shall ensure that the written feeding schedule for an infant or toddler, as required by COMAR 13A.16.03.02D(1), is:</text> <paragraph num="(1)"> <text>Followed; and</text> </paragraph> <paragraph num="(2)"> <text>Updated as necessary or at least every 3 months while the child is in care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Infant Self-Feeding.</text> <paragraph num="(1)"> <text>An infant shall be held for each bottle feeding except when the infant or toddler is developmentally able and insistent upon self-feeding.</text> </paragraph> <paragraph num="(2)"> <text>When an infant or toddler holds the bottle, the infant or toddler may do so only:</text> <paragraph num="(a)"> <text>When seated; and</text> </paragraph> <paragraph num="(b)"> <text>If the bottle is made of unbreakable material.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Except as specified by §D of this regulation, an operator may serve an infant or toddler only developmentally appropriate:</text> <paragraph num="(1)"> <text>Commercially prebottled formula;</text> </paragraph> <paragraph num="(2)"> <text>Breast milk, formula, juice, or water which has been prebottled for the child and provided by the child's parent;</text> </paragraph> <paragraph num="(3)"> <text>Commercially processed baby food that is opened and used the same day;</text> </paragraph> <paragraph num="(4)"> <text>Commercial infant formula, in concentrate, powder, or ready-to-feed form, if the:</text> <paragraph num="(a)"> <text>Child's parent has provided prior written authorization for the use of the formula; and</text> </paragraph> <paragraph num="(b)"> <text>Formula is prepared directly from a factory-sealed container and in accordance with the manufacturer's instructions; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Other foods supplied by the operator or the parent that are consumed the same day.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Only whole, pasteurized milk will be served to an infant or toddler who is not receiving formula or breast milk, except that skim milk, reconstituted nonfat dry milk, or 1—2 percent milk may be served upon the written prior approval of the child's parent and health care provider.</text> </paragraph> <paragraph num="E."> <text>An operator shall ensure that:</text> <paragraph num="(1)"> <text>All infant foods and bottles are labeled with the infant's name, dated, and refrigerated at 40° F or below if potentially hazardous;</text> </paragraph> <paragraph num="(2)"> <text>All nipples on bottles are protected;</text> </paragraph> <paragraph num="(3)"> <text>Breast milk or formula which has been bottled for the child is:</text> <paragraph num="(a)"> <text>Placed immediately in a refrigerator when brought to the center;</text> </paragraph> <paragraph num="(b)"> <text>Warmed to the desired temperature immediately before feeding; and</text> </paragraph> <paragraph num="(c)"> <text>Served to the child at a temperature that is safe and conducive to the child's comfortable feeding;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Foods that present a high risk of choking for infants and toddlers are not served to them; and</text> </paragraph> <paragraph num="(5)"> <text>Reusable bottles and nipples are:</text> <paragraph num="(a)"> <text>Reused only after they have been washed, rinsed, and sanitized; or</text> </paragraph> <paragraph num="(b)"> <text>If supplied by the child's parent, rinsed after use and returned daily to the parent.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E repealed effective April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="13" heading="Centers for Children with Acute Illness"> <regulation prefix="Regulation" num=".01" heading="Location of Center."> <text>An office may issue a license for a room in a child care center or for an entire center offering care to children with acute illness.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability of Subtitle."> <text>An applicant for a center offering care under this chapter shall meet the requirements of this subtitle with the exception of:</text> <paragraph num="A."> <text>COMAR 13A.16.05.12 concerning outdoor activity areas;</text> </paragraph> <paragraph num="B."> <text>COMAR 13A.16.09.01 concerning schedule of daily activities for all children;</text> </paragraph> <paragraph num="C."> <text>COMAR 13A.16.09.03B(1) and (2) concerning activity materials and equipment;</text> </paragraph> <paragraph num="D."> <text>COMAR 13A.16.09.05A concerning carriages and strollers, if care is provided to children younger than 2 years old;</text> </paragraph> <paragraph num="E."> <text>COMAR 13A.16.10.01A(3)(c) concerning emergency evacuation and disaster drills for children; and</text> </paragraph> <paragraph num="F."> <text>COMAR 13A.16.11.01 concerning exclusion for acute illness.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Plan of Operation."> <paragraph num="A."> <text>An applicant for a center offering care under this chapter shall:</text> <paragraph num="(1)"> <text>Submit to and receive prior approval from the office, in consultation with the Maryland Department of Health and the health officer, of a written plan of operation for the center, including provision for health assessment of ill children; and</text> </paragraph> <paragraph num="(2)"> <text>Operate according to the approved plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant shall include in the written plan of operation:</text> <paragraph num="(1)"> <text>Procedures to prevent the spread of disease, including general infection control procedures and methods of preventing the spread of airborne diseases, such as chicken pox and measles;</text> </paragraph> <paragraph num="(2)"> <text>Staff training requirements in the areas of prevention and control of communicable diseases and care of ill children;</text> </paragraph> <paragraph num="(3)"> <text>Staff education and experience in the health care field;</text> </paragraph> <paragraph num="(4)"> <text>Staff orientation in pediatric first aid, infection control, and facility policies;</text> </paragraph> <paragraph num="(5)"> <text>Staff/child ratios;</text> </paragraph> <paragraph num="(6)"> <text>The identity of an on-call health consultant;</text> </paragraph> <paragraph num="(7)"> <text>A definition of the population to be served and the criteria for admission, including exclusion policies;</text> </paragraph> <paragraph num="(8)"> <text>Procedures for preparing a written plan of care for each child upon admission to include instructions for care in emergencies, medications, and special medical and nonmedical treatments;</text> </paragraph> <paragraph num="(9)"> <text>Procedures for periodic reassessment of the child;</text> </paragraph> <paragraph num="(10)"> <text>Methods for establishing an individualized program of daily activities for each child;</text> </paragraph> <paragraph num="(11)"> <text>Staff information, including a staffing pattern;</text> </paragraph> <paragraph num="(12)"> <text>A list of materials, equipment, and furnishings; and</text> </paragraph> <paragraph num="(13)"> <text>Identification of buildings and rooms to be used for the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Director Requirements."> <text>The director in a center for children with acute illness shall:</text> <paragraph num="A."> <text>Meet the requirements of COMAR 13A.16.06.05, .06, .07, or .08, as applicable; and</text> </paragraph> <paragraph num="B."> <text>Have completed at least 40 hours of training in a college level course in prevention and control of communicable diseases and care of ill children.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Use of Health Consultant."> <text>An operator shall use a health consultant who is a registered nurse, a pediatric or family nurse practitioner, or a pediatrician to develop written policies and procedures and to supervise and instruct staff on performing procedures.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="14" heading="Adolescent Centers"> <regulation prefix="Regulation" num=".01" heading="Requirements for Approval."> <text>An applicant for a center offering care to children attending a middle school shall:</text> <paragraph num="A."> <text>Meet the requirements of this subtitle; or</text> </paragraph> <paragraph num="B."> <text>Do both of the following:</text> <paragraph num="(1)"> <text>Submit to and receive prior approval from the office of a written plan of operation for the center that meets the intent of the requirements of this subtitle; and</text> </paragraph> <paragraph num="(2)"> <text>Operate according to the approved plan.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Plan of Operation."> <text>A plan of operation submitted pursuant to Regulation .01 of this chapter shall include:</text> <paragraph num="A."> <text>A definition of the population to be served and the criteria for admission;</text> </paragraph> <paragraph num="B."> <text>Center staffing information and a staffing pattern for the program at the center;</text> </paragraph> <paragraph num="C."> <text>The space, materials, equipment, and furnishings to be used at the center;</text> </paragraph> <paragraph num="D."> <text>The days and hours of operation;</text> </paragraph> <paragraph num="E."> <text>Locations other than the center which will be used for activities;</text> </paragraph> <paragraph num="F."> <text>Activities to be held at locations other than the center;</text> </paragraph> <paragraph num="G."> <text>A method of accounting for children's whereabouts;</text> </paragraph> <paragraph num="H."> <text>A method for assuring parental approval for activities held at locations other than the center;</text> </paragraph> <paragraph num="I."> <text>A method for having a consistent staff member available to each child;</text> </paragraph> <paragraph num="J."> <text>A transportation plan, if necessary; and</text> </paragraph> <paragraph num="K."> <text>A nutritional plan as required.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="15" heading="Drop-In Centers"> <regulation prefix="Regulation" num=".01" heading="License Permitted."> <text>An office may issue a license to a drop-in center.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope of Care."> <text>A drop-in center shall provide care exclusively to children on an intermittent and occasional basis for less than 4 hours a day while parents are not on the same premises or not immediately available, or both. Drop-in centers include child care centers located in shopping malls or shopping centers for the occasional use of customers, child care centers located in resorts for vacationers, and similar settings.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicability of Subtitle."> <text>An applicant for a drop-in center license shall meet the requirements of this subtitle with the exception of:</text> <paragraph num="A."> <text>COMAR 13A.16.03.02 concerning admission to care;</text> </paragraph> <paragraph num="B."> <text>COMAR 13A.16.05.12 concerning outdoor activity area;</text> </paragraph> <paragraph num="C."> <text>COMAR 13A.16.09.01A(7) concerning outdoor play;</text> </paragraph> <paragraph num="D."> <text>COMAR 13A.16.09.03B(1) and (2) concerning materials and equipment;</text> </paragraph> <paragraph num="E."> <text>COMAR 13A.16.10.01A(3)(c) concerning emergency evacuation and disaster drills for children; and</text> </paragraph> <paragraph num="F."> <text>COMAR 13A.16.12.01 concerning food service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Plan of Operation."> <paragraph num="A."> <text>An applicant for a drop-in center license shall:</text> <paragraph num="(1)"> <text>Submit to and receive prior approval from the office of a written plan of operation for the center; and</text> </paragraph> <paragraph num="(2)"> <text>Operate according to the approved plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant shall include in the written plan of operation:</text> <paragraph num="(1)"> <text>The ages, numbers, and groupings of children to be served;</text> </paragraph> <paragraph num="(2)"> <text>The space, materials, equipment, and furnishings to be used at the center;</text> </paragraph> <paragraph num="(3)"> <text>The hours, days, and months of operation;</text> </paragraph> <paragraph num="(4)"> <text>The activity program of the center; and</text> </paragraph> <paragraph num="(5)"> <text>A method for ensuring that children are released only to their parents or other persons authorized by parents to pick up children who are properly identified to the center.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Special Variances."> <text>An applicant may request variances for COMAR 13A.16.05.03A concerning indoor space requirements, and COMAR 13A.16.08.03 concerning group size and staffing.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Admission Requirements."> <paragraph num="A."> <text>A child younger than 2 years old may not be admitted to a drop-in center.</text> </paragraph> <paragraph num="B."> <text>The operator shall:</text> <paragraph num="(1)"> <text>Require the parent of each child to complete and sign an emergency card and health history form on the child before the child's admission to the center; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that the emergency card and health history form are signed and updated, if necessary, by the parent each time the child is dropped off at the center.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> <chapter num="16" heading="Educational Programs in Nonpublic Nursery Schools"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>Purpose. This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school.</text> </paragraph> <paragraph num="B."> <text>Scope. This chapter does not apply to an educational program in a nonpublic nursery school operated by:</text> <paragraph num="(1)"> <text>The federal government or any State, county, or municipal agency or division of these; or</text> </paragraph> <paragraph num="(2)"> <text>A bona fide church organization that is exempt from holding a certificate of approval by the State Board under Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“AMI” means Association Montessori International.</text> </paragraph> <paragraph num="(2)"> <text>“AMS” means American Montessori Society.</text> </paragraph> <paragraph num="(3)"> <text>“Certificate of approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“Child care center license” means the document issued by the Department pursuant to COMAR 13A.16 that authorizes the recipient to operate a child care center.</text> </paragraph> <paragraph num="(5)"> <text>“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>“Department representative” means an individual designated by the Department to determine compliance with this chapter.</text> </paragraph> <paragraph num="(8)"> <text>“Educational program” means an organized program of instruction that:</text> <paragraph num="(a)"> <text>Is provided by a teacher; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.</text> </paragraph> <paragraph num="(10)"> <text>“Letter of compliance” means a document issued by the Department pursuant to COMAR 13A.17 that authorizes the recipient to operate a letter of compliance facility.</text> </paragraph> <paragraph num="(11)"> <text>“MACTE” means Montessori Accreditation Council for Teacher Education.</text> </paragraph> <paragraph num="(12)"> <text>“NAMTA” means North American Montessori Teachers’ Association.</text> </paragraph> <paragraph num="(13)"> <text>“Nursery school” means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.</text> </paragraph> <paragraph num="(14)"> <text>“Office” means the central office or a regional office of the Department's Division of Early Childhood Development, Office of Child Care.</text> </paragraph> <paragraph num="(15)"> <text>“Operator” means:</text> <paragraph num="(a)"> <text>The nonpublic entity registered as active with the State Department of Assessments and Taxation that is responsible for governing and operating a school;</text> </paragraph> <paragraph num="(b)"> <text>The individual or entity to which a child care center license or a letter of compliance has been issued by the Department; or</text> </paragraph> <paragraph num="(c)"> <text>A bona fide church organization that is approved by the State Board to operate an educational program.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(17)"> <text>“Teacher” means an individual who:</text> <paragraph num="(a)"> <text>Provides instruction to children enrolled in an educational program; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .06C of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Approval to Operate an Educational Program — General Requirements."> <paragraph num="A."> <text>An individual or entity may operate an educational program in a nonpublic nursery school only if the individual or entity holds a valid child care license or letter of compliance issued by the Department.</text> </paragraph> <paragraph num="B."> <text>A bona fide church organization may be approved to operate an educational program without holding a child care center license or a letter of compliance if child care is not a component of the program.</text> </paragraph> <paragraph num="C."> <text>An entity may operate a Montessori school only if it is certified by a Montessori validating organization.</text> </paragraph> <paragraph num="D."> <text>The operator of a licensed small center may not be approved to operate an educational program if:</text> <paragraph num="(1)"> <text>The small center is located in a private residence; and</text> </paragraph> <paragraph num="(2)"> <text>The program would be operated in the living space of the residence.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Unless an operator chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:</text> <paragraph num="(1)"> <text>Operator's child care center license or letter of compliance, as applicable and if required, remains in effect;</text> </paragraph> <paragraph num="(2)"> <text>Educational program is operated according to the terms under which approval to operate was granted; and</text> </paragraph> <paragraph num="(3)"> <text>Operator remains in full compliance with all applicable requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school's approval is suspended or revoked, or the child care center license or letter of compliance, as applicable, is suspended or revoked and the operator:</text> <paragraph num="(1)"> <text>Does not appeal the suspension or revocation action; or</text> </paragraph> <paragraph num="(2)"> <text>Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="G."> <text>An operator that has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate the educational program.</text> </paragraph> <paragraph num="H."> <text>Any educational program that is solely educational that is approved prior to the effective date of this regulation shall continue to operate under its current certificate of approval in accordance with this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval to Operate an Educational Program — Specific Requirements."> <paragraph num="A."> <text>Application for Approval.</text> <paragraph num="(1)"> <text>Application for approval shall be made in a manner and form and according to timelines established by the office.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>An operator approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the operator is currently approved is not in full compliance with all applicable requirements of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>An application for licensure as a Montessori school may not be approved until the applicant has successfully completed the process of validation, as required at COMAR 13A.09.09.03N, by an approved Montessori validating organization.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When the office is satisfied that the requirements of this chapter have been met, the office shall issue to the applicant a child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate an educational program.</text> </paragraph> <paragraph num="C."> <text>The child care center license, letter of compliance, or other approval document, as applicable, shall specify the terms under which approval to operate an educational program has been granted, including the:</text> <paragraph num="(1)"> <text>Hours, days, and months of approved operation; and</text> </paragraph> <paragraph num="(2)"> <text>Ages of children who may be enrolled in the program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the operator intends to change the terms under which approval has been granted, the operator shall:</text> <paragraph num="(1)"> <text>Notify the office in writing at least 60 days before the occurrence of any change or changes; and</text> </paragraph> <paragraph num="(2)"> <text>Furnish any information the office considers necessary to approve the change or changes planned by the operator.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An operator may not seek approval of a change in the terms of the approval under any one or combination of the following circumstances:</text> <paragraph num="(1)"> <text>The educational program demonstrates an area or areas of noncompliance;</text> </paragraph> <paragraph num="(2)"> <text>The office has received and is investigating a complaint alleging that the educational program is in violation of one or more regulations under this chapter;</text> </paragraph> <paragraph num="(3)"> <text>The office is implementing a sanction or an enforcement action against the child care center license, the letter of compliance, or other approval document, as applicable, pursuant to COMAR 13A.16, COMAR 13A.17, or COMAR 13A.18; or</text> </paragraph> <paragraph num="(4)"> <text>A deficiency hearing is pending before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Notwithstanding the requirement established in §E of this regulation, an operator may seek approval of a change in the terms of the approval if approval of the change is the means for the operator to demonstrate compliance with this chapter.</text> </paragraph> <paragraph num="G."> <text>An operator may not implement a change in the terms of approval until the office has issued a revised child care center license, letter of compliance, or other approval document, as applicable, that reflects the change.</text> </paragraph> <paragraph num="H."> <text>An operator shall inform the office in writing at least 30 days before the operator ceases operating an educational program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Compliance and Inspections."> <paragraph num="A."> <text>Continued approval to operate an educational program is conditioned on the operator's maintaining compliance with this chapter.</text> </paragraph> <paragraph num="B."> <text>To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the operator, at any time during the approved hours of operation of the program.</text> </paragraph> <paragraph num="C."> <text>During an inspection, the operator shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.</text> </paragraph> <paragraph num="D."> <text>Following each inspection of the educational program, the office shall provide the operator with a written report of all findings of the inspection.</text> </paragraph> <paragraph num="E."> <text>If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the operator in writing of the:</text> <paragraph num="(1)"> <text>Regulation or regulations with which the program does not demonstrate compliance;</text> </paragraph> <paragraph num="(2)"> <text>Fact or facts that demonstrate the program's noncompliance with each regulation;</text> </paragraph> <paragraph num="(3)"> <text>Action or actions the operator is required to take to demonstrate compliance with each regulation; and</text> </paragraph> <paragraph num="(4)"> <text>Date by which the program is required to demonstrate compliance with each regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Sanctions.</text> <paragraph num="(1)"> <text>Failure to maintain compliance with applicable requirements of this chapter may result in a sanction by the office, including restriction, suspension, or revocation of the approval to operate the educational program.</text> </paragraph> <paragraph num="(2)"> <text>Sanctions may be severable against an educational program located in a licensed child care center or a letter of compliance facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Personnel Qualifications."> <paragraph num="A."> <text>Educational Program Administrator.</text> <paragraph num="(1)"> <text>The operator shall have an educational program administrator or director who is responsible for the day-to-day administration of the educational program.</text> </paragraph> <paragraph num="(2)"> <text>An individual hired as the educational program administrator at a minimum shall meet the standards established in §C(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The operator shall have a written position description that states the duties and responsibilities of the educational program administrator.</text> </paragraph> <paragraph num="(4)"> <text>The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Director in an Approved Montessori School.</text> <paragraph num="(1)"> <text>To qualify as a director in an approved Montessori school, an individual shall hold a Montessori credential that has been awarded by:</text> <paragraph num="(a)"> <text>AMI, AMS, or NAMTA; or</text> </paragraph> <paragraph num="(b)"> <text>A Montessori teacher education program that is accredited by MACTE.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>To qualify as a director in a Montessori school that has been approved by the Department, an individual shall complete approved continued training, at the rate of at least 12 clock hours per full year of employment, that consists of a minimum of 6 clock hours of Montessori education training.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Teachers.</text> <paragraph num="(1)"> <text>An educational program shall have a teacher to implement the educational program in each class.</text> </paragraph> <paragraph num="(2)"> <text>A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of §C(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A teacher who provides instruction in language and literacy development, mathematical and scientific thinking, or social studies shall hold or have completed:</text> <paragraph num="(a)"> <text>A bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>A foreign credential that is determined by the Department to be equivalent to a bachelor's degree from an IHE.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A teacher employed in a Montessori program shall hold a Montessori diploma or credential for the level of the individual’s assignment that has been awarded by:</text> <paragraph num="(a)"> <text>AMI, AMS, or NAMTA; or</text> </paragraph> <paragraph num="(b)"> <text>A Montessori teacher education program that is accredited by MACTE.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the degree, college credit, or foreign credential required by §C(3) of this regulation does not include at least 6 semester hours of approved early childhood coursework, the teacher shall, in addition:</text> <paragraph num="(a)"> <text>Hold or have completed:</text> <paragraph num="(i)"> <text>The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or</text> </paragraph> <paragraph num="(ii)"> <text>6 semester hours, 90 clock hours or their equivalent of approved pre-service training; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Be certified by the Department as a teacher for early childhood in nursery through third grade.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An individual approved as a teacher by the Department before July 1, 2010, shall remain qualified for that position as long as the individual is continuously employed as a teacher.</text> </paragraph> <paragraph num="(7)"> <text>Effective July 1, 2010, a teacher in an educational program shall complete at least 12 clock hours of approved continued training per full year of employment, measured from date of hire, in that position.</text> </paragraph> <paragraph num="(8)"> <text>A teacher in an approved Montessori school shall complete approved continued training, at the rate of at least 12 clock hours per full year of employment, that consists of a minimum of 6 clock hours of Montessori education training.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An individual who provides assistance to a teacher in a class is not required to meet the requirements of §C(3) or (7) of this regulation.</text> </paragraph> <paragraph num="E."> <text>Written Statement of Teacher Qualifications. An operator shall:</text> <paragraph num="(1)"> <text>Maintain a written statement of the qualifications of each teacher who implements the educational program; and</text> </paragraph> <paragraph num="(2)"> <text>On request by a parent or legal guardian of a child enrolled, or being considered for enrollment, in the educational program, give to the parent or legal guardian a written statement of the qualifications of each teacher who implements the educational program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Educational Program."> <paragraph num="A."> <text>Program. The operator shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school's educational program for the development of skills for each approved nursery school age in the following areas:</text> <paragraph num="(1)"> <text>Personal and social development;</text> </paragraph> <paragraph num="(2)"> <text>Language and literacy development;</text> </paragraph> <paragraph num="(3)"> <text>Mathematical and scientific thinking;</text> </paragraph> <paragraph num="(4)"> <text>Social studies;</text> </paragraph> <paragraph num="(5)"> <text>The arts; and</text> </paragraph> <paragraph num="(6)"> <text>Physical development and health.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instructional Materials and Equipment. The operator shall own and maintain the nonpublic nursery school instructional materials and equipment required to implement the written curriculum of the educational program specified in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Child Records."> <paragraph num="A."> <text>The operator of an educational program in a nonpublic nursery school shall maintain a cumulative record for each child enrolled in the educational program.</text> </paragraph> <paragraph num="B."> <text>Each child's record shall include the:</text> <paragraph num="(1)"> <text>Nonpublic nursery school's name;</text> </paragraph> <paragraph num="(2)"> <text>Nonpublic nursery school's address;</text> </paragraph> <paragraph num="(3)"> <text>Nonpublic nursery school's telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Child's first, middle, and last names;</text> </paragraph> <paragraph num="(5)"> <text>Child's month, day, and year of birth;</text> </paragraph> <paragraph num="(6)"> <text>Child's home address;</text> </paragraph> <paragraph num="(7)"> <text>Month, day, and year the child initially entered the educational program;</text> </paragraph> <paragraph num="(8)"> <text>Age on enrollment in the educational program;</text> </paragraph> <paragraph num="(9)"> <text>Month, day, and year the child withdrew from the educational program, if applicable;</text> </paragraph> <paragraph num="(10)"> <text>Child's performance information in each curricular area;</text> </paragraph> <paragraph num="(11)"> <text>Code for the meaning of performance information; and</text> </paragraph> <paragraph num="(12)"> <text>Number of days the child attended in each school year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In a licensed child care center or a letter of compliance facility, the requirements of §B(1)—(8) of this regulation are met by compliance with child record requirements set forth at COMAR 13A.16.03.04 or COMAR 13A.17.03.04, as applicable.</text> </paragraph> <paragraph num="D."> <text>Age of Admission.</text> <paragraph num="(1)"> <text>Except as provided by §D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a nonpublic nursery school program approved under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A nonpublic nursery school may adopt policies and procedures permitting, on request by a child's parent or guardian, and if a nonpublic nursery school determines that a child demonstrates capabilities warranting early admission, a:</text> <paragraph num="(a)"> <text>2 year old child to be admitted to a 3 year old nursery school program; or</text> </paragraph> <paragraph num="(b)"> <text>3 year old child to be admitted to a 4 year old nursery school program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Health, Fire Safety, and Zoning."> <paragraph num="A."> <text>An operator shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.</text> </paragraph> <paragraph num="B."> <text>In a licensed child care center or a letter of compliance facility, the requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under COMAR 13A.16 or COMAR 13A.17, as applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Procedures and Sanctions for Noncompliance — Educational Programs."> <text>If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13A.14.13 to COMAR 13A.16.16 effective October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="17" heading="Inspections, Complaints, and Enforcement"> <regulation prefix="Regulation" num=".01" heading="Complaints."> <text>The office shall investigate:</text> <paragraph num="A."> <text>Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and</text> </paragraph> <paragraph num="B."> <text>Complaints of providing or advertising unlicensed child care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Inspections."> <paragraph num="A."> <text>An operator shall permit inspection of all areas of the center by an agency representative during the center's hours of operation.</text> </paragraph> <paragraph num="B."> <text>An agency representative may make inspections without prior notice to an operator.</text> </paragraph> <paragraph num="C."> <text>Upon request, an operator shall make the records required by this subtitle available to an agency representative for inspection and copying.</text> </paragraph> <paragraph num="D."> <text>An operator may request satisfactory identification from an agency representative before admitting the agency representative for an inspection.</text> </paragraph> <paragraph num="E."> <text>An agency representative shall inspect each center:</text> <paragraph num="(1)"> <text>On an announced basis before the office issues an initial license or a continuing license; and</text> </paragraph> <paragraph num="(2)"> <text>On an unannounced basis, at least once within each 12-month period after the date that an initial license or a continuing license was issued.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An operator may contest a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Warnings."> <text>If an investigation of a complaint or an inspection of a child care center indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:</text> <paragraph num="A."> <text>The violation found, citing the regulation;</text> </paragraph> <paragraph num="B."> <text>The time period for correcting the violation; and</text> </paragraph> <paragraph num="C."> <text>That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Intermediate Sanctions."> <paragraph num="A."> <text>Upon a determination that an operator has violated the regulations in this subtitle, placing the health, safety, or welfare of children in care at risk, the office may:</text> <paragraph num="(1)"> <text>Restrict the ages or number of new children enrolled;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Require the operator or center staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(4)"> <text>Increase the frequency of monitoring of the center during a specified period of time;</text> </paragraph> <paragraph num="(5)"> <text>Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(6)"> <text>Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office determines that an operator has violated a condition or requirement of the sanction, the office may suspend or revoke the operator's license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Emergency Intermediate Sanctions."> <paragraph num="A."> <text>Upon determining that an operator has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:</text> <paragraph num="(1)"> <text>Restrict the ages of children in care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Limit the spaces, rooms, or areas that may be used for child care;</text> </paragraph> <paragraph num="(4)"> <text>Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.16.02.01I from being alone with a child or group of children pending an open child protective services or criminal investigation;</text> </paragraph> <paragraph num="(5)"> <text>Require the operator or center staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(6)"> <text>Increase the frequency of monitoring of the center during a specified period of time;</text> </paragraph> <paragraph num="(7)"> <text>Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(8)"> <text>Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office shall hand deliver written notice of the emergency intermediate sanction to the operator stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the sanction;</text> </paragraph> <paragraph num="(2)"> <text>That the operator shall immediately implement the sanction;</text> </paragraph> <paragraph num="(3)"> <text>That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator's request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the sanction is upheld, implementation of the sanction at the child care center shall continue until it is determined that the health, safety, or welfare of children in the facility is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the sanction may lead to suspension or revocation of the operator’s license, if the Office determines that an operator has violated a condition or requirement of the sanction; and</text> </paragraph> <paragraph num="(7)"> <text>That the operator may continue to provide child care, except as limited by the sanction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the operator’s address on file.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Suspension."> <paragraph num="A."> <text>The office may suspend an operator's license for a period of not more than 60 calendar days:</text> <paragraph num="(1)"> <text>Upon determining that the:</text> <paragraph num="(a)"> <text>Regulations in this subtitle have been violated; and</text> </paragraph> <paragraph num="(b)"> <text>Health, safety, or welfare of children in the center is threatened; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the license is a continuing license that was placed on conditional status, and the:</text> <paragraph num="(a)"> <text>Conditional status has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Operator has failed to meet the requirements for reinstatement of the continuing license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The office shall notify the operator in writing of the license suspension by certified mail 20 calendar days in advance, and the notice shall specify:</text> <paragraph num="(1)"> <text>The effective date and period of the suspension;</text> </paragraph> <paragraph num="(2)"> <text>The reason for suspension;</text> </paragraph> <paragraph num="(3)"> <text>The regulatory violation which is the basis for the suspension;</text> </paragraph> <paragraph num="(4)"> <text>That the operator shall stop providing child care on the effective date of the suspension unless the operator requests a hearing in writing within 20 days of the date of the suspension notice;</text> </paragraph> <paragraph num="(5)"> <text>That the operator may request a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the suspension shall be stayed if a hearing is requested within 20 days of the date of the suspension notice;</text> </paragraph> <paragraph num="(7)"> <text>That, if the suspension is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care until the office determines that the health, safety, or welfare of a child in the center no longer is threatened;</text> </paragraph> <paragraph num="(8)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(9)"> <text>That the operator is required to surrender the license to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the suspension.</text> </paragraph> <paragraph num="D."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the license and return it to the operator; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the license.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emergency Suspension."> <paragraph num="A."> <text>The office may suspend an operator's license on an emergency basis if it is determined that this action is required to protect the health, safety, or welfare of a child in the center.</text> </paragraph> <paragraph num="B."> <text>The office shall hand deliver written notice of the emergency suspension to the operator stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the suspension; and</text> </paragraph> <paragraph num="(2)"> <text>That the operator shall immediately stop providing child care;</text> </paragraph> <paragraph num="(3)"> <text>That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator’s request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the emergency suspension within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the emergency suspension order is upheld, stoppage of child care at the center shall continue until it is determined that the health, safety, or welfare of a child in the center is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(7)"> <text>That the operator is required to surrender the license to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail to the operator’s address.</text> </paragraph> <paragraph num="D."> <text>The office shall notify the parents of the children in care of the emergency suspension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Revocation."> <paragraph num="A."> <text>The office may revoke a license if:</text> <paragraph num="(1)"> <text>An operator or center is in violation of this subtitle and the health, safety, or welfare of children in the center is threatened;</text> </paragraph> <paragraph num="(2)"> <text>An operator misrepresented or offered false information on the application or on any form or report required by the office;</text> </paragraph> <paragraph num="(3)"> <text>An operator interferes with the agency representative in the performance of the duties of the office;</text> </paragraph> <paragraph num="(4)"> <text>The operator fails to comply with the:</text> <paragraph num="(a)"> <text>Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A.16.06.03A and B or COMAR 13A.16.06.15B; or</text> </paragraph> <paragraph num="(b)"> <text>Child security requirements set forth in COMAR 13A.16.07.06;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The terms or conditions of an intermediate sanction have been violated;</text> </paragraph> <paragraph num="(6)"> <text>Violations required to be corrected during a period of suspension have not been corrected and the period has ended;</text> </paragraph> <paragraph num="(7)"> <text>The license is a continuing license that was placed on conditional status, and the:</text> <paragraph num="(a)"> <text>Conditional status has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Operator has failed to meet the requirements for reinstatement of the continuing license; or</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Evaluation of information provided to, or acquired by, the office indicates that the operator is unable to provide for the welfare of children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office decides to revoke a license, the office shall notify the operator in writing 20 calendar days before the effective date of the revocation, stating:</text> <paragraph num="(1)"> <text>The effective date of the revocation;</text> </paragraph> <paragraph num="(2)"> <text>The reason for revocation;</text> </paragraph> <paragraph num="(3)"> <text>The regulatory violation which is the basis for the revocation;</text> </paragraph> <paragraph num="(4)"> <text>That the operator shall stop providing child care unless a hearing is requested in writing within 20 days of the date of the revocation notice;</text> </paragraph> <paragraph num="(5)"> <text>That the operator may request a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the revocation shall be stayed if a hearing is requested within 20 days of the date of the revocation notice;</text> </paragraph> <paragraph num="(7)"> <text>That, if the revocation is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care; and</text> </paragraph> <paragraph num="(8)"> <text>That the operator is required to surrender the license to the office when the revocation becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the revocation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Penalties."> <paragraph num="A."> <text>Criminal Penalty. A person who operates a child care center without a license, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:</text> <paragraph num="(1)"> <text>$1,500 for the first violation; and</text> </paragraph> <paragraph num="(2)"> <text>$2,500 for a second or subsequent violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Civil Penalty.</text> <paragraph num="(1)"> <text>A person who maintains and operates a child care center or advertises child care services without a license, or who violates any regulation in this subtitle, is subject to a civil penalty imposed in a civil action of not more than $1,000 for each violation.</text> </paragraph> <paragraph num="(2)"> <text>Each day a violation occurs or the child care center operates illegally is considered a separate violation.</text> </paragraph> <paragraph num="(3)"> <text>The total amount of the civil penalties imposed in a civil action may not exceed $5,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="D."> <text>Appeals.</text> <paragraph num="(1)"> <text>An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="(2)"> <text>Appeals are conducted in accordance with the provisions of COMAR 13A.16.18.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)</annotation> </annotations> </chapter> <chapter num="18" heading="Administrative Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care center licenses and letters of compliance. These actions include denials, suspensions, or revocations of licenses or letters of compliance, reductions in capacity, limitations on the ages or numbers of children who may be admitted to the child care center, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, the imposition of civil penalties for providing or advertising unlicensed child care services without a valid child care license, and employment exclusions pursuant to COMAR 13A.16.06.03A or B.</text> </paragraph> <paragraph num="B."> <text>The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on the actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a child care center case is the final decision of the highest administrative authority in the case, and thus is directly appealable to the circuit court in the jurisdiction where the child care center is located pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.</text> </paragraph> <paragraph num="(2)"> <text>“Appellant” means the individual requesting the hearing or appealing a decision, or that individual's legal representative.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an individual applying for a license or letter of compliance to operate a child care center.</text> </paragraph> <paragraph num="(4)"> <text>“Capacity” means the number of day care children who may be present at a child care center at the same time.</text> </paragraph> <paragraph num="(5)"> <text>“Days” means calendar days.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>Emergency Action.</text> <paragraph num="(a)"> <text>“Emergency action” means an action which is effective immediately because of danger to children's health or safety.</text> </paragraph> <paragraph num="(b)"> <text>“Emergency action” may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, an immediate restriction on which individuals can be alone with children in care, or an employment exclusion pursuant to COMAR 13A.16.06.03A or B.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Filed” is received in writing by the Office of Child Care.</text> </paragraph> <paragraph num="(9)"> <text>“Filing date” is the date a hearing request is received by the Office of Child Care.</text> </paragraph> <paragraph num="(10)"> <text>“License” means a document issued to a person by the Department which gives permission to operate a child care center in accordance with State regulations.</text> </paragraph> <paragraph num="(11)"> <text>“Licensee” means an individual or a partnership group, association, cooperative, or corporation which has the legal authority and responsibility for the governing and operating of a child care center and which has been issued a license by the Department.</text> </paragraph> <paragraph num="(12)"> <text>“Office” means the central office or a regional office of the Office of Child Care.</text> </paragraph> <paragraph num="(13)"> <text>“Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Party” means the appellant and the Office of Child Care.</text> </paragraph> <paragraph num="(15)"> <text>“Superintendent” means the State Superintendent of Schools.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Hearing Requests."> <paragraph num="A."> <text>A hearing shall be held when:</text> <paragraph num="(1)"> <text>An applicant or licensee requests a hearing to contest:</text> <paragraph num="(a)"> <text>The denial of an application for a license;</text> </paragraph> <paragraph num="(b)"> <text>A revocation or suspension of a license; or</text> </paragraph> <paragraph num="(c)"> <text>Any other action that adversely impacts on the licensee, including, but not limited to:</text> <paragraph num="(i)"> <text>The setting of capacity at a number below that requested;</text> </paragraph> <paragraph num="(ii)"> <text>A reduction in capacity; or</text> </paragraph> <paragraph num="(iii)"> <text>A limitation on the ages or numbers of children who may be admitted to the child care center;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual requests a hearing to contest the imposition of civil penalties for providing unlicensed child care or advertising child care services without a valid license; or</text> </paragraph> <paragraph num="(3)"> <text>An individual requests a hearing to contest the prohibition of employment at a child care center.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Nonemergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All nonemergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the licensee or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.</text> </paragraph> <paragraph num="(3)"> <text>The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.</text> </paragraph> <paragraph num="(4)"> <text>A hearing decision shall be rendered within 90 days of the filing date.</text> </paragraph> <paragraph num="(5)"> <text>Any nonemergency action is stayed if a hearing request is timely filed, unless the action is:</text> <paragraph num="(a)"> <text>A revocation that immediately follows an emergency suspension period; or</text> </paragraph> <paragraph num="(b)"> <text>A denial which follows the expiration of the provisional period of a license that was issued on a provisional basis.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All emergency action hearing requests shall be filed with the Office within 30 days of the hand delivery of the notice of the Office's action, and shall state the name and address of the licensee or holder of the letter of compliance, and the effective date and action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.</text> </paragraph> <paragraph num="(3)"> <text>A hearing request may not stay an emergency action.</text> </paragraph> <paragraph num="(4)"> <text>A hearing shall be conducted within 7 days of the filing date of the hearing request.</text> </paragraph> <paragraph num="(5)"> <text>A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Preliminary Conference."> <paragraph num="A."> <text>A preliminary conference may be held before a hearing on an action if an appellant requests the conference.</text> </paragraph> <paragraph num="B."> <text>The conference is optional and does not replace the hearing process.</text> </paragraph> <paragraph num="C."> <text>The conference may be attended by a representative of the Office and the appellant.</text> </paragraph> <paragraph num="D."> <text>The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial or Dismissal of a Hearing Request."> <paragraph num="A."> <text>The Office of Administrative Hearings may deny a request for a hearing if:</text> <paragraph num="(1)"> <text>The issue appealed is not one which adversely affects the licensee; or</text> </paragraph> <paragraph num="(2)"> <text>The date of the request is not within the required time limits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office of Administrative Hearings may dismiss an appeal if the appellant:</text> <paragraph num="(1)"> <text>Withdraws the request in writing; or</text> </paragraph> <paragraph num="(2)"> <text>Without good cause, does not appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Hearing and Appeal Procedures."> <paragraph num="A."> <text>Notice to Appellant.</text> <paragraph num="(1)"> <text>For non-emergency action hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency action hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.</text> </paragraph> <paragraph num="(2)"> <text>The notice to the appellant shall:</text> <paragraph num="(a)"> <text>Refer to the regulations governing the hearing procedure; and</text> </paragraph> <paragraph num="(b)"> <text>Advise the appellant of:</text> <paragraph num="(i)"> <text>The right to be represented by a lawyer;</text> </paragraph> <paragraph num="(ii)"> <text>The right to present documents and witnesses in support of the appeal;</text> </paragraph> <paragraph num="(iii)"> <text>Whom to call if the appellant cannot attend the hearing; and</text> </paragraph> <paragraph num="(iv)"> <text>The fact that failure to attend the hearing without good cause may lead to dismissal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rescheduling of Non-emergency Action Hearings. The appellant, the Office, or the Office of Administrative Hearings may request a change in the hearing date. If the Office of Administrative Hearings finds that good cause for delay exists, another date shall be set. The time limit for rendering a decision established by Regulation .03B(4) is extended by the period of delay due to a postponement requested by the appellant.</text> </paragraph> <paragraph num="C."> <text>Rescheduling of Emergency Action Hearings. Emergency action hearings may only be rescheduled by the Office of Administrative Hearings with the consent of both parties or on motion of a party, if substantial prejudice is demonstrated. Only one postponement of an emergency action hearing may be granted.</text> </paragraph> <paragraph num="D."> <text>The appellant may examine the appellant's licensing record for the purpose of discovering information pertinent to the appeal before the hearing.</text> </paragraph> <paragraph num="E."> <text>By agreement, the appellant and the Office may exchange witness lists and documents before the hearing.</text> </paragraph> <paragraph num="F."> <text>The procedures in §§D and E of this regulation do not constitute good cause for delay of a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conduct of Hearing."> <paragraph num="A."> <text>The hearing shall be conducted by an administrative law judge.</text> </paragraph> <paragraph num="B."> <text>At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.</text> </paragraph> <paragraph num="C."> <text>The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Decision."> <paragraph num="A."> <text>The administrative law judge shall:</text> <paragraph num="(1)"> <text>Base the decision on the complete record; and</text> </paragraph> <paragraph num="(2)"> <text>Determine whether the Office correctly applied State regulations in effect at the time the Office reached the Office's decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.</text> </paragraph> <paragraph num="C."> <text>The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.</text> </paragraph> <paragraph num="D."> <text>The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.</text> </paragraph> <paragraph num="E."> <text>A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.</text> </paragraph> <paragraph num="F."> <text>A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the Circuit Court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201—7-211.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589); emergency status expired August 20, 1991</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted effective September 2, 1991 (18:17 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.04 to 13A.14.04 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13A.14.04 to COMAR 13A.16.18 effective October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 23, 2012 (39:1 Md. R. 20); January 13, 2020 (47:1 Md. R. 14); December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 23, 2012 (39:1 Md. R. 20); June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 14); December 25,.2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 618)</annotation> </annotations> </chapter> <chapter num="19" heading="Public Access to Licensing Records"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <text>In this chapter, the following terms have the meanings indicated:</text> <paragraph num="A."> <text>“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle which was alleged in the complaint has occurred or is occurring.</text> </paragraph> <paragraph num="B."> <text>“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.</text> </paragraph> <paragraph num="C."> <text>“Licensing records” means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the licensing of a child care center to provide child care.</text> </paragraph> <paragraph num="D."> <text>“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of licensing records.</text> </paragraph> <paragraph num="E."> <text>“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency which requests inspection of, or information from, licensing records.</text> </paragraph> <paragraph num="F."> <text>“Sociological information” means any of the following information about a licensee or employee of a licensee:</text> <paragraph num="(1)"> <text>Social Security number;</text> </paragraph> <paragraph num="(2)"> <text>Personal address;</text> </paragraph> <paragraph num="(3)"> <text>Personal phone number;</text> </paragraph> <paragraph num="(4)"> <text>Information regarding marital status, dependents, or relatives; and</text> </paragraph> <paragraph num="(5)"> <text>Information regarding employment status, including employment application.</text> </paragraph> </paragraph> <paragraph num="G."> <text>“Unsubstantiated complaint” means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Information from Licensing Records."> <paragraph num="A."> <text>Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:</text> <paragraph num="(1)"> <text>Findings of inspections conducted by the office in licensed child care centers;</text> </paragraph> <paragraph num="(2)"> <text>Record of complaint forms pertaining to confirmed or unsubstantiated complaints;</text> </paragraph> <paragraph num="(3)"> <text>Copies of child care licenses, including those on provisional or conditional status;</text> </paragraph> <paragraph num="(4)"> <text>Variances;</text> </paragraph> <paragraph num="(5)"> <text>Correspondence and documents requiring abatement of instances of noncompliance with the regulations of this subtitle, including compliance agreements;</text> </paragraph> <paragraph num="(6)"> <text>Correspondence and documents pertaining to enforcement actions taken by the Department or office against a licensee or a child care center, including denial letters, sanctions, emergency suspensions, and revocations; and</text> </paragraph> <paragraph num="(7)"> <text>Any correspondence regarding requests for inspection of licensing records under this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as provided by other law, the custodian of record shall permit the licensee, or an authorized representative of the licensee, to inspect the licensee's own record.</text> </paragraph> <paragraph num="C."> <text>The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:</text> <paragraph num="(1)"> <text>To public employees in the performance of their public duties;</text> </paragraph> <paragraph num="(2)"> <text>To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or</text> </paragraph> <paragraph num="(3)"> <text>When required by a duly issued subpoena.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Information from Licensing Records."> <paragraph num="A."> <text>A written request shall be filed with the custodian of record in order to:</text> <paragraph num="(1)"> <text>Conduct a physical inspection of licensing records; or</text> </paragraph> <paragraph num="(2)"> <text>Obtain a written or electronic:</text> <paragraph num="(a)"> <text>Copy of licensing records; or</text> </paragraph> <paragraph num="(b)"> <text>Report of information from licensing records that the official custodian of records does not already make available to the general public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The written request shall:</text> <paragraph num="(1)"> <text>Contain the applicant’s name, address, and telephone number; and</text> </paragraph> <paragraph num="(2)"> <text>Reasonably identify by brief description the record sought.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian of record may charge a reasonable fee for:</text> <paragraph num="(1)"> <text>The reproduction of documents sought;</text> </paragraph> <paragraph num="(2)"> <text>Official or employee time expended searching for requested records; or</text> </paragraph> <paragraph num="(3)"> <text>Any time expended in preparing records for inspection or copying.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compelling Public Purpose."> <text>A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §4-333(b), Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1826)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 14)</annotation> </annotations> </chapter> </subtitle> <subtitle num="17" heading="Child Care — Letters of Compliance"> <chapter num="01" heading="Scope and Definitions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Applicability of Subtitle. Except as specified under §B of this regulation, this subtitle governs:</text> <paragraph num="(1)"> <text>Nonparental care of children for part of a 24-hour day in nursery schools operated by tax-exempt religious organizations; and</text> </paragraph> <paragraph num="(2)"> <text>Child care programs operated by tax-exempt religious organizations in school buildings used exclusively for children who are enrolled in those schools, by whatever name known.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exemptions. This subtitle does not apply to:</text> <paragraph num="(1)"> <text>A nonpublic kindergarten for children 5 years old or older during the hours in which an instructional program is offered;</text> </paragraph> <paragraph num="(2)"> <text>A nonpublic elementary school during the hours in which an instructional program is offered;</text> </paragraph> <paragraph num="(3)"> <text>A program that operates for 6 weeks or less in any calendar year;</text> </paragraph> <paragraph num="(4)"> <text>The physical plant, including sanitary facilities, of a child care facility used exclusively for school age children, located in a currently operating nonpublic school building, if the application of a regulation would require modification of the physical plant; and</text> </paragraph> <paragraph num="(5)"> <text>The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:</text> <paragraph num="(a)"> <text>Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or</text> </paragraph> <paragraph num="(b)"> <text>Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Abuse.</text> <paragraph num="(a)"> <text>“Abuse” means the physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:</text> <paragraph num="(i)"> <text>A parent;</text> </paragraph> <paragraph num="(ii)"> <text>An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or</text> </paragraph> <paragraph num="(iii)"> <text>A household or family member.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Abuse” includes sexual abuse of a child, whether physical injuries are sustained or not.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Acute illness” means an abnormal condition of the body with rapid onset accompanied by abnormal symptoms and signs, that has a short course of duration, as opposed to a chronic illness of long duration.</text> </paragraph> <paragraph num="(3)"> <text>“Adolescent facility” means a child care facility that offers programs exclusively to children in middle school.</text> </paragraph> <paragraph num="(4)"> <text>“Agency” means the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Agency representative” means an individual designated by the Agency to determine compliance with this subtitle.</text> </paragraph> <paragraph num="(6)"> <text>“Applicant” means a person who has submitted to the office all of the required forms and documentation to request approval to obtain a letter of compliance, either for an initial letter or for a continuing letter of compliance.</text> </paragraph> <paragraph num="(6-1)"> <text>Cannabis.</text> <paragraph num="(a)"> <text>“Cannabis” means the plant cannabis sativa L. and any part of the plant, including:</text> <paragraph num="(i)"> <text>All derivatives;</text> </paragraph> <paragraph num="(ii)"> <text>Extracts;</text> </paragraph> <paragraph num="(iii)"> <text>Cannabinoids;</text> </paragraph> <paragraph num="(iv)"> <text>Isomers;</text> </paragraph> <paragraph num="(v)"> <text>Acids;</text> </paragraph> <paragraph num="(vi)"> <text>Salts; and</text> </paragraph> <paragraph num="(vii)"> <text>Salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry weight basis.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Cannabis” includes any product that is composed of cannabis, cannabis concentrate, or cannabis extract, including but not limited to cannabis vaporizing devices, concentrated cannabis products, edible cannabis products, and any usable cannabis products.</text> </paragraph> <paragraph num="(c)"> <text>“Cannabis” does not include hemp or hemp products, as defined in Agriculture Article, §14-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Capacity” means the total number of children, specified by the letter of compliance, who may be in care at any one time.</text> </paragraph> <paragraph num="(8)"> <text>“Child” means an individual:</text> <paragraph num="(a)"> <text>2 years old or older and younger than 16 years old; or</text> </paragraph> <paragraph num="(b)"> <text>Younger than 21 years old who has a disabling condition or other emotional, developmental, physical, educational, or medical need necessitating child care beyond 16 years old.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Child Care.</text> <paragraph num="(a)"> <text>“Child care” means the care or supervision of a child when the child's parent has given the child's care over to another for some portion of a 24-hour day as a supplement to the parent's primary care of the child.</text> </paragraph> <paragraph num="(b)"> <text>“Child care” does not mean:</text> <paragraph num="(i)"> <text>Group lessons or classes providing specialized training in a specific subject, unless provided in a pattern indicating that a child care facility is being operated or that custodial supervision of children is being provided in addition to the specialized training;</text> </paragraph> <paragraph num="(ii)"> <text>Scouting, sports, or youth club activities;</text> </paragraph> <paragraph num="(iii)"> <text>School-age recreational or supplementary education programs operated by a nonpublic school, if custodial supervision is not the primary purpose of the program;</text> </paragraph> <paragraph num="(iv)"> <text>Supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children; or</text> </paragraph> <paragraph num="(v)"> <text>Programs primarily designed for the religious training of children, provided on a weekly basis or for a short period in the summer, commonly known as Sunday schools or Bible schools.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>Child Care Facility.</text> <paragraph num="(a)"> <text>“Child care facility” means a nursery school or a child care program operated by a tax-exempt religious organization.</text> </paragraph> <paragraph num="(b)"> <text>“Child care facility” may offer more than one type of program or care.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Child care program” means child care provided by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.</text> </paragraph> <paragraph num="(12)"> <text>“Combined preschool and school age facility” means a child care facility that serves both preschool children and school age children, whether in separate groups or mixed age groups.</text> </paragraph> <paragraph num="(13)"> <text>“Continuing letter of compliance” means a letter of compliance that does not expire.</text> </paragraph> <paragraph num="(14)"> <text>Custodial Supervision.</text> <paragraph num="(a)"> <text>“Custodial supervision” means parentally authorized oversight of a child by an individual other than the child's parent or guardian.</text> </paragraph> <paragraph num="(b)"> <text>“Custodial supervision” includes responsibility for:</text> <paragraph num="(i)"> <text>The well-being and the whereabouts of the child for a given period of time; and</text> </paragraph> <paragraph num="(ii)"> <text>Direct transfer of the custody of the child from and to an authorized person.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Custodial supervision” does not include the oversight of a child who is participating in a specific activity, such as scouting, sports, or youth clubs.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(16)"> <text>“Educational program” means a program of instruction as defined by the State Board of Education.</text> </paragraph> <paragraph num="(17)"> <text>Employee.</text> <paragraph num="(a)"> <text>“Employee” means an individual:</text> <paragraph num="(i)"> <text>Who is employed by the facility operator to work at or for the facility; and</text> </paragraph> <paragraph num="(ii)"> <text>Whose work assignment involves the care or supervision of children in the facility or access to children who are cared for or supervised in the facility.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Employee” does not include an individual who:</text> <paragraph num="(i)"> <text>Is an independent contractor; or</text> </paragraph> <paragraph num="(ii)"> <text>Provides a consultative health service pursuant to COMAR 13A.17.06.06C.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>For the purpose of applying the criminal background check requirements and the child and adult abuse and neglect record review requirements set forth in this subtitle, “employee” includes any individual who:</text> <paragraph num="(i)"> <text>Meets the definition of an employee as set forth in this subsection; and</text> </paragraph> <paragraph num="(ii)"> <text>Does not clearly meet, or is not excluded from, the definition of independent contractor set forth in §B(21) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Group” means a unit of children together with the staff assigned to them.</text> </paragraph> <paragraph num="(19)"> <text>“Health officer” means the health officer in each of the 23 counties and the Commissioner of Health in Baltimore City, or the duly designated representative of the health officer, or both, and refers to the health officer in the jurisdiction where the child care facility is located.</text> </paragraph> <paragraph num="(20)"> <text>“Identified as responsible for child abuse or neglect” means being determined by a local department of social services or other state agency to be responsible for indicated child abuse or neglect, or awaiting the local department's appeal hearing after the determination.</text> </paragraph> <paragraph num="(21)"> <text>Independent Contractor.</text> <paragraph num="(a)"> <text>“Independent contractor” means an individual or other entity:</text> <paragraph num="(i)"> <text>That is hired by the child care facility operator or by another party, on the basis of a service contract or agreement, to perform a specialized service at the facility, including but not limited to food catering, child transportation, facility maintenance or repair, or supplemental recreational programming, for a specified period of time or in order to achieve a specified result;</text> </paragraph> <paragraph num="(ii)"> <text>That determines how the specialized service shall be performed; and</text> </paragraph> <paragraph num="(iii)"> <text>Whose specialized service is not restricted to the facility, but is available for hire by other customers.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Independent contractor” does not include an individual who:</text> <paragraph num="(i)"> <text>Provides a consultative health service pursuant to COMAR 13A.17.06.06C;</text> </paragraph> <paragraph num="(ii)"> <text>Under a private arrangement with the parent or guardian of a child or children in care, provides a health care, educational, or other service only to that child or those children; or</text> </paragraph> <paragraph num="(iii)"> <text>Is employed for compensation by a public school or by a private or nonpublic school required to report annually to the State Board of Education.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(22)"> <text>“Injurious treatment” means:</text> <paragraph num="(a)"> <text>Physical discipline, including but not limited to spanking, hitting, shaking, or any other means of physical discipline, or enforcement of acts which result in physical pain;</text> </paragraph> <paragraph num="(b)"> <text>Failure to attend to a child's physical needs and other physically damaging acts, excluding reasonable acts to protect the child from imminent danger;</text> </paragraph> <paragraph num="(c)"> <text>Subjecting a child to verbal abuse intended to cause mental distress, such as shouting, cursing, shaming, threatening, or ridiculing; and</text> </paragraph> <paragraph num="(d)"> <text>Using discipline methods which create undue discomfort, such as washing a child's mouth with soap, putting pepper or other spicy or distasteful items in a child's mouth, requiring a child to stand on one foot as punishment, or tying a child to a cot or other equipment.</text> </paragraph> </paragraph> <paragraph num="(22-1)"> <text>“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(23)"> <text>“Kindergarten” means an educational program for children who are 5 years old, or who will be 5 years old by September 1 of the year they enter the program, provided in a:</text> <paragraph num="(a)"> <text>Public school or a nonpublic school approved by the State Department of Education; or</text> </paragraph> <paragraph num="(b)"> <text>Nonpublic school operated by a tax-exempt religious organization that holds a letter of exemption from approval by the State Board of Education under Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Letter holder” means the tax-exempt religious organization that has been issued a letter of compliance.</text> </paragraph> <paragraph num="(25)"> <text>“Letter of compliance” means a letter issued by the Department to a tax-exempt religious organization that meets the requirements under Education Article, §§9.5-401—9.5-420, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(26)"> <text>“Local department” means the local department of social services, by whatever name known, in any of Maryland's 24 local jurisdictions.</text> </paragraph> <paragraph num="(27)"> <text>“Mental injury” means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.</text> </paragraph> <paragraph num="(28)"> <text>Neglect.</text> <paragraph num="(a)"> <text>“Neglect” means leaving a child unattended or otherwise failing to give proper care and attention to a child by the child's parents, guardian, or custodian under circumstances that indicate that the child's health or welfare is significantly harmed or placed at risk of significant harm.</text> </paragraph> <paragraph num="(b)"> <text>“Neglect” does not include, for that reason alone, providing a child with nonmedical religious remedial care and treatment recognized by State law in place of medical treatment for a child's injuries or illnesses.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Nursery school” means an educational program:</text> <paragraph num="(a)"> <text>For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and</text> </paragraph> <paragraph num="(b)"> <text>That, unless exempted or approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Office” means the central office or a regional office of the Agency.</text> </paragraph> <paragraph num="(31)"> <text>“Operated by a tax-exempt religious organization” means that a letter holder is a church or bona fide house of worship or has submitted a copy of the determination letter from the Internal Revenue Service that recognizes the organization as exempt from taxation under the Internal Revenue Code of 1954, 26 U.S.C. §501(c)(3).</text> </paragraph> <paragraph num="(32)"> <text>“Operator” means a letter holder or an agent of a letter holder.</text> </paragraph> <paragraph num="(33)"> <text>“Parent” means the biological or adoptive parent or the legal guardian or custodian of a child who enrolls the child in child care.</text> </paragraph> <paragraph num="(34)"> <text>Potentially Hazardous Food.</text> <paragraph num="(a)"> <text>“Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients capable of supporting rapid and progressive growth of infectious, toxigenic microorganisms.</text> </paragraph> <paragraph num="(b)"> <text>“Potentially hazardous food” does not include clean, whole, uncracked, odor-free shell eggs.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Preschooler” means a child who:</text> <paragraph num="(a)"> <text>Is 2 years old or older; and</text> </paragraph> <paragraph num="(b)"> <text>Does not attend kindergarten or a higher grade.</text> </paragraph> </paragraph> <paragraph num="(36)"> <text>“Preschool facility” means a child care facility that offers programs for children younger than 5 years old.</text> </paragraph> <paragraph num="(37)"> <text>“Sanction” means an enforcement action under COMAR 13A.17.15.</text> </paragraph> <paragraph num="(38)"> <text>“Sanitization” means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for a sufficient period of time to destroy vegetative cells of pathogenic bacteria and to reduce substantially the number of other microorganisms.</text> </paragraph> <paragraph num="(39)"> <text>“School-age child” means a child younger than 16 years old who attends a public or nonpublic school in grades kindergarten or above.</text> </paragraph> <paragraph num="(40)"> <text>“School-age facility” means a child care facility that offers programs to children who attend a public or nonpublic school in kindergarten or grades 1—12.</text> </paragraph> <paragraph num="(41)"> <text>School Building.</text> <paragraph num="(a)"> <text>“School building” means a facility that houses:</text> <paragraph num="(i)"> <text>A nursery school;</text> </paragraph> <paragraph num="(ii)"> <text>An instructional program for kindergarten, a higher grade or grades, or any combination of grades; or</text> </paragraph> <paragraph num="(iii)"> <text>A combination of the entities specified in §B(41)(a)(i) and (ii) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“School building” does not include a church or other facility which houses only:</text> <paragraph num="(i)"> <text>A program for preschoolers; or</text> </paragraph> <paragraph num="(ii)"> <text>A before- and after-school program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(42)"> <text>“Small facility” means a child care facility that is:</text> <paragraph num="(a)"> <text>Located in a private residence; and</text> </paragraph> <paragraph num="(b)"> <text>Licensed for 12 or fewer children.</text> </paragraph> </paragraph> <paragraph num="(43)"> <text>“Staff member” means an individual 16 years old or older, whether paid or not, who is assigned responsibility for child care in a child care center and whose assignment helps to maintain the staff/child ratios required by COMAR 13A.17.08.03.</text> </paragraph> <paragraph num="(44)"> <text>“Successfully passed” means, when used in connection with:</text> <paragraph num="(a)"> <text>A criminal background check, that an individual:</text> <paragraph num="(i)"> <text>Has not received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at COMAR 13A.17.06.03A; or</text> </paragraph> <paragraph num="(ii)"> <text>If having received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime not listed at COMAR 13A.17.06.03A, has been assessed by the office as suitable for employment pursuant to COMAR 13A.17.06.03B; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A review of records of abuse and neglect of children or adults, that if an individual is:</text> <paragraph num="(i)"> <text>An employee of, or applying for employment by, a child care facility, the individual has been assessed by the office as being suitable for employment, pursuant to COMAR 13A.17.06.03B; or</text> </paragraph> <paragraph num="(ii)"> <text>An independent contractor, the individual has not been identified as responsible for the abuse or neglect of a child.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(45)"> <text>“Superintendent” means the State Superintendent of Schools or the Superintendent's designee.</text> </paragraph> <paragraph num="(45-1)"> <text>“Vaping” means using a device that can deliver aerosolized or vaporized products, including but not limited to nicotine and cannabis, to an individual inhaling from the device.</text> </paragraph> <paragraph num="(46)"> <text>“Volunteer” means an individual who:</text> <paragraph num="(a)"> <text>Is 13 years old or older;</text> </paragraph> <paragraph num="(b)"> <text>Works in or for a child care facility but is not a compensated employee of the facility;</text> </paragraph> <paragraph num="(c)"> <text>Is not counted by the child care facility toward maintenance of the staff/child ratios required by COMAR 13A.17.08.03; and</text> </paragraph> <paragraph num="(d)"> <text>Is not enrolled as a child in care at the child care facility.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 619); March 21, 2011 (38:6 Md. R. 396); June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16); April 18, 2022 (49:7 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="02" heading="Letter of Compliance Application and Maintenance"> <regulation prefix="Regulation" num=".01" heading="Letter of Compliance — General Requirements."> <paragraph num="A."> <text>Requirement to be Licensed or Hold a Letter of Compliance. A tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school, is required to be licensed under COMAR 13A.16 or to hold a letter of compliance in accordance with the requirements of this subtitle.</text> </paragraph> <paragraph num="B."> <text>General Requirements.</text> <paragraph num="(1)"> <text>A letter of compliance:</text> <paragraph num="(a)"> <text>Is nontransferable; and</text> </paragraph> <paragraph num="(b)"> <text>Remains the property of the office.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The operator shall surrender the letter of compliance to the office immediately if any of the following occurs or becomes effective:</text> <paragraph num="(a)"> <text>The operator closes the facility permanently;</text> </paragraph> <paragraph num="(b)"> <text>The letter of compliance is suspended;</text> </paragraph> <paragraph num="(c)"> <text>The letter of compliance is revoked;</text> </paragraph> <paragraph num="(d)"> <text>The operator has not applied for a continuing letter of compliance before the expiration date of the initial letter of compliance; or</text> </paragraph> <paragraph num="(e)"> <text>The letter of compliance expires and an application for a continuing letter of compliance is denied.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The operator may not allow an employee, staff member, substitute, or volunteer to:</text> <paragraph num="(1)"> <text>Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or</text> </paragraph> <paragraph num="(2)"> <text>Be alone with a child or group of children until all checks have been successfully passed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Initial Letter of Compliance."> <paragraph num="A."> <text>Application Requirements. An individual or organization that does not currently hold a letter of compliance and wishes to operate a nursery school or child care program under this subtitle shall:</text> <paragraph num="(1)"> <text>File a notice of intent with the office before applying for permits in connection with construction or operation of a facility;</text> </paragraph> <paragraph num="(2)"> <text>File with the office at least 60 days before the proposed opening date a signed and completed application form supplied by the office;</text> </paragraph> <paragraph num="(3)"> <text>Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and</text> </paragraph> <paragraph num="(4)"> <text>Ensure that an application for a federal and State criminal background check is submitted for:</text> <paragraph num="(a)"> <text>The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;</text> </paragraph> <paragraph num="(b)"> <text>The director;</text> </paragraph> <paragraph num="(c)"> <text>Each employee, including substitutes and volunteers; and</text> </paragraph> <paragraph num="(d)"> <text>Each individual 18 years old or older living on the child care facility premises.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted:</text> <paragraph num="(1)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:</text> <paragraph num="(a)"> <text>The director;</text> </paragraph> <paragraph num="(b)"> <text>Each employee, including substitutes and volunteers;</text> </paragraph> <paragraph num="(c)"> <text>Each individual 18 years old or older living on the same premises as the child care facility;</text> </paragraph> <paragraph num="(d)"> <text>The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and</text> </paragraph> <paragraph num="(e)"> <text>Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Evidence of compliance with all applicable zoning and building codes;</text> </paragraph> <paragraph num="(3)"> <text>Site plans;</text> </paragraph> <paragraph num="(4)"> <text>Floor plans with architectural details;</text> </paragraph> <paragraph num="(5)"> <text>A written plan of operation;</text> </paragraph> <paragraph num="(6)"> <text>Workers' Compensation insurance information;</text> </paragraph> <paragraph num="(7)"> <text>Fire evacuation plan;</text> </paragraph> <paragraph num="(8)"> <text>A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;</text> </paragraph> <paragraph num="(9)"> <text>A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;</text> </paragraph> <paragraph num="(10)"> <text>Menu for 4 weeks;</text> </paragraph> <paragraph num="(11)"> <text>A written child discipline policy; and</text> </paragraph> <paragraph num="(12)"> <text>All other documentation required by law or regulation, including but not limited to:</text> <paragraph num="(a)"> <text>Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and</text> </paragraph> <paragraph num="(b)"> <text>Building use and occupancy permits.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(3) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:</text> <paragraph num="(1)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(2)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Continuing Letter of Compliance."> <paragraph num="A."> <text>Obtaining a Continuing Letter of Compliance. An operator shall submit to the office, before expiration of the initial letter of compliance:</text> <paragraph num="(1)"> <text>A request for a continuing letter of compliance, on a form supplied by the office;</text> </paragraph> <paragraph num="(2)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may not approve a continuing letter of compliance until:</text> <paragraph num="(1)"> <text>All items specified in §A of this regulation have been received and approved by the office; and</text> </paragraph> <paragraph num="(2)"> <text>The facility has passed a fire safety inspection conducted by the local fire authority having jurisdiction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maintaining a Continuing Letter of Compliance.</text> <paragraph num="(1)"> <text>The operator shall comply with all applicable requirements under this subtitle.</text> </paragraph> <paragraph num="(2)"> <text>By the end of each 24-month period after the date of issuance of a continuing letter of compliance, the operator shall provide to the office:</text> <paragraph num="(a)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified in Regulation .02B(1) of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The child care facility shall maintain documentation of having passed the most recent fire inspection required by the local fire authority having jurisdiction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Provisional and Conditional Status."> <paragraph num="A."> <text>Provisional Status.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing letter of compliance additional time to meet all applicable requirements, the office may approve an initial or a continuing letter of compliance on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.</text> </paragraph> <paragraph num="(2)"> <text>An initial letter of compliance may not be approved if the office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(3) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.</text> </paragraph> <paragraph num="(3)"> <text>At the end of the provisional period, if all requirements for the initial or continuing letter of compliance are not met due to:</text> <paragraph num="(a)"> <text>Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for the letter of compliance; or</text> </paragraph> <paragraph num="(b)"> <text>Circumstances beyond the control of the applicant, the office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the office denies a letter of compliance at the end of the provisional period, the applicant or operator does not have a valid letter of compliance and shall cease operating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Conditional Status.</text> <paragraph num="(1)"> <text>If an operator who holds a continuing letter of compliance fails to remedy a violation as required, the office may place the letter of compliance on conditional status for:</text> <paragraph num="(a)"> <text>A period of up to 120 days; and</text> </paragraph> <paragraph num="(b)"> <text>Upon approval by the Agency's central office, an additional period of up to 120 days.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon placing a continuing letter of compliance on conditional status, the office shall issue to the operator a revised letter of compliance that states the:</text> <paragraph num="(a)"> <text>Placement of the letter of compliance on conditional status;</text> </paragraph> <paragraph num="(b)"> <text>Period of time of the conditional status; and</text> </paragraph> <paragraph num="(c)"> <text>Requirements for lifting the conditional status.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:</text> <paragraph num="(a)"> <text>Discontinue the conditional status; and</text> </paragraph> <paragraph num="(b)"> <text>Reinstate the continuing letter of compliance.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the operator fails to satisfy all requirements for lifting the conditional status within the specified period of time, the office may suspend or revoke the continuing letter of compliance.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Response of the Office to Application."> <paragraph num="A."> <text>Upon receiving a completed application for an initial letter of compliance or a continuing letter of compliance, and all documentation required by law or regulation, the office promptly shall determine compliance with the requirements of this subtitle by:</text> <paragraph num="(1)"> <text>Evaluating the application and required documentation; and</text> </paragraph> <paragraph num="(2)"> <text>Inspecting the:</text> <paragraph num="(a)"> <text>Facility proposed for use as a nursery school or child care program, if the application is for an initial letter of compliance; or</text> </paragraph> <paragraph num="(b)"> <text>Nursery school or child care program, if the application is for a continuing letter of compliance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Except as specified at §C of this regulation, the office shall, within 30 days after completing the procedures in §A of this regulation, promptly:</text> <paragraph num="(1)"> <text>For an initial letter of compliance application:</text> <paragraph num="(a)"> <text>Issue an initial letter of compliance;</text> </paragraph> <paragraph num="(b)"> <text>Issue an initial letter of compliance on a provisional basis; or</text> </paragraph> <paragraph num="(c)"> <text>Deny an initial letter of compliance; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a continuing letter of compliance application, issue or deny a continuing letter of compliance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office may not issue an initial letter of compliance until child care staff, sufficient in number to meet the staff/child ratio and group size requirements of COMAR 13A.17.08.03 as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Denial of Letter of Compliance."> <paragraph num="A."> <text>An office may deny an application for an initial letter of compliance or a continuing letter of compliance if:</text> <paragraph num="(1)"> <text>The applicant or the building in which child care is provided fails to meet the requirements of this subtitle;</text> </paragraph> <paragraph num="(2)"> <text>An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;</text> </paragraph> <paragraph num="(3)"> <text>The applicant has a history of regulatory violations that demonstrates an inability to provide for the health or safety of children;</text> </paragraph> <paragraph num="(4)"> <text>The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;</text> </paragraph> <paragraph num="(5)"> <text>The applicant prevents the office from completing its responsibilities for issuing a letter of compliance;</text> </paragraph> <paragraph num="(6)"> <text>An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(3) and B(1) of this chapter, behavior harmful to children; or</text> </paragraph> <paragraph num="(7)"> <text>The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:</text> <paragraph num="(a)"> <text>Substantial, credible evidence of the applicant's abuse of alcohol or a controlled dangerous substance, mental instability, or other condition; or</text> </paragraph> <paragraph num="(b)"> <text>Other pertinent information received by the office that creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the office denies an application, the office shall notify the applicant in writing by certified mail of the denial, stating the:</text> <paragraph num="(1)"> <text>Reason for denial;</text> </paragraph> <paragraph num="(2)"> <text>Specific regulation with which the applicant has failed to comply that is the basis for the denial;</text> </paragraph> <paragraph num="(3)"> <text>Applicant's right to request a hearing; and</text> </paragraph> <paragraph num="(4)"> <text>Procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Denial Before Complete Application.</text> <paragraph num="(1)"> <text>The office may deny an application for an initial or a continuing letter of compliance at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective November 13, 2023 (Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="03" heading="Management and Administration"> <regulation prefix="Regulation" num=".01" heading="Multi-Site Facilities."> <text>A nursery school or child care program may have more than one location and may be treated as one facility for purposes of this subtitle only if:</text> <paragraph num="A."> <text>The buildings:</text> <paragraph num="(1)"> <text>Function as one integrated center, are in close proximity such as across the street or on the same campus, and are connected by an intercom system; and</text> </paragraph> <paragraph num="(2)"> <text>Are under the supervision of one director; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>Two or more locations:</text> <paragraph num="(1)"> <text>Are administered by one central administration with one ownership; and</text> </paragraph> <paragraph num="(2)"> <text>Share common administrative policies and procedures and contracts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Admission to Care."> <paragraph num="A."> <text>An operator may not admit a child for care unless the operator has:</text> <paragraph num="(1)"> <text>Met the applicable requirements of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>If the child is temporarily admitted or retained in care on a temporary basis pursuant to §E of this regulation, received the written records required by Regulation .04C—H of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At or before the child's admission to care, the operator shall obtain:</text> <paragraph num="(1)"> <text>Written information from the parent about the child's individual needs; and</text> </paragraph> <paragraph num="(2)"> <text>If the child is enrolled in school, parental permission for the school to release the child's health information to the child care facility.</text> </paragraph> </paragraph> <paragraph num="C."> <text>As part of the admission process, the operator shall:</text> <paragraph num="(1)"> <text>Give the parent, or advise the parent. how to obtain information that is supplied by the office concerning:</text> <paragraph num="(a)"> <text>Consumer education on child care;</text> </paragraph> <paragraph num="(b)"> <text>How to file a complaint against the child care facility; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide written evidence that the requirements of §C(1) of this regulation have been met.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a child is younger than 6 years old at the time of admission, the operator may not allow the child to remain in care if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the operator on a form supplied or approved by the office that the child has received an appropriate lead screening or test.</text> </paragraph> <paragraph num="E."> <text>Temporary Admission to Care.</text> <paragraph num="(1)"> <text>An operator may temporarily admit or retain a child in care if:</text> <paragraph num="(a)"> <text>The child is homeless; or</text> </paragraph> <paragraph num="(b)"> <text>The child’s parent is unable to provide the health-related records specified in Regulation .04D—H of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a child to be temporarily admitted or retained in care, the parent shall present evidence of the child’s appointment with a health care provider or local health department to:</text> <paragraph num="(a)"> <text>Receive a medical evaluation to include, if applicable, a lead screening or test;</text> </paragraph> <paragraph num="(b)"> <text>Receive a required immunization;</text> </paragraph> <paragraph num="(c)"> <text>Acquire evidence of age-appropriate immunizations on a form approved by the Office; or</text> </paragraph> <paragraph num="(d)"> <text>Reconstruct a lost health record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The date of the appointment required by §E(2) of this regulation may not be later than 20 calendar days after the date the child was temporarily admitted or retained.</text> </paragraph> <paragraph num="(4)"> <text>An operator shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide evidence of the required medical evaluation, immunization, or health record within 3 business days after the date of the appointment made pursuant to §E(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Records."> <paragraph num="A."> <text>The operator shall create and maintain, for at least 2 years after their creation, records of program:</text> <paragraph num="(1)"> <text>Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for that enrolled; and</text> </paragraph> <paragraph num="(2)"> <text>Attendance, by groups of children, which indicate:</text> <paragraph num="(a)"> <text>The dates of attendance of each child in the facility; and</text> </paragraph> <paragraph num="(b)"> <text>Verification by each child's parent of that child's recorded daily attendance in care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The operator shall maintain:</text> <paragraph num="(1)"> <text>Procedures to ensure that the whereabouts of each child in attendance is known at all times;</text> </paragraph> <paragraph num="(2)"> <text>A written child discipline policy as required in COMAR 13A.17.07.03C;</text> </paragraph> <paragraph num="(3)"> <text>Records of food actually served by the facility for the most recent 4 weeks as required by COMAR 13A.17.12.01E;</text> </paragraph> <paragraph num="(4)"> <text>A written record of the dates and times at which emergency and disaster plan drills were conducted pursuant to COMAR 13A.17.10.01A(3)(c);</text> </paragraph> <paragraph num="(5)"> <text>Documentation that, at least once each calendar year, the parent of each child under the age of 3 years was given:</text> <paragraph num="(a)"> <text>Information about the Maryland Infant and Toddlers Program; and</text> </paragraph> <paragraph num="(b)"> <text>Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A current copy of Education Article, §§9.5-4019.5-420 et seq., Annotated Code of Maryland, and this subtitle on the premises and make them available to parents upon request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The operator may provide the information required under §B(5) of this regulation by:</text> <paragraph num="(1)"> <text>A personal message to the parent, including an e-mail;</text> </paragraph> <paragraph num="(2)"> <text>A document for which the parent acknowledges receipt; or</text> </paragraph> <paragraph num="(3)"> <text>A text message.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Records."> <paragraph num="A."> <text>For each child admitted to, or continuing in care, the operator shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation.</text> </paragraph> <paragraph num="B."> <text>Each child's written records shall be:</text> <paragraph num="(1)"> <text>Readily accessible to all staff members providing care to the child; and</text> </paragraph> <paragraph num="(2)"> <text>Kept on file at the facility during the period of a child's enrollment and for 2 years after the child's disenrollment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The operator shall obtain and maintain emergency information from the child's parent that:</text> <paragraph num="(1)"> <text>Includes the child's name and date of birth;</text> </paragraph> <paragraph num="(2)"> <text>Includes the parent's full name, current address, and home and work telephone numbers;</text> </paragraph> <paragraph num="(3)"> <text>Includes the name and telephone number of the individual, if different from the child's parent, who is authorized to pick up the child each day;</text> </paragraph> <paragraph num="(4)"> <text>Includes the name and telephone number of at least one individual who is authorized to pick up the child in an emergency;</text> </paragraph> <paragraph num="(5)"> <text>Includes the name, address, and telephone number of the child's physician or other health care provider;</text> </paragraph> <paragraph num="(6)"> <text>If the child has a special health condition, includes emergency medical instructions for that condition;</text> </paragraph> <paragraph num="(7)"> <text>Is signed and dated by the child's parent;</text> </paragraph> <paragraph num="(8)"> <text>Is updated as needed, but at least annually; and</text> </paragraph> <paragraph num="(9)"> <text>Is readily accessible to each staff member supervising the child, including during an off-site activity.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unless a parent objects to a child's medical examination because of bona fide religious beliefs and practices, a health assessment of the child shall be provided by the child's parent that:</text> <paragraph num="(1)"> <text>Includes a parental statement of the child's health status;</text> </paragraph> <paragraph num="(2)"> <text>If applicable, includes a statement of allergies; and</text> </paragraph> <paragraph num="(3)"> <text>Includes a medical evaluation, signed and dated by a physician, that states the child is medically cleared to attend child care and is based on an examination completed by the physician within the last.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The operator shall maintain documentation that, as required by COMAR 10.11.04, each child admitted to, or continuing in, care has received:</text> <paragraph num="(1)"> <text>An appropriate lead screening, if the child is younger than 6 years old and was born before January 1, 2015; or</text> </paragraph> <paragraph num="(2)"> <text>A lead test when the child is 12 months old and again when the child is 24 months old, regardless of where the child resides, if the child was born on or after January 1, 2015.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly, without a gap in time longer than 3 months, from a registered family day care home, a licensed child care center, another facility operating under a letter of compliance, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §§D(3) and E of this regulation.</text> </paragraph> <paragraph num="G."> <text>There shall be an immunization record showing that:</text> <paragraph num="(1)"> <text>The child has had immunizations appropriate for the child's age which meet the immunization guidelines set by the Maryland Department of Health;</text> </paragraph> <paragraph num="(2)"> <text>The child has had at least one dose of each vaccine appropriate for the child's age before entry and is scheduled to complete the required immunizations;</text> </paragraph> <paragraph num="(3)"> <text>A licensed physician or a health officer has determined that immunization is medically contraindicated according to accepted medical standards; or</text> </paragraph> <paragraph num="(4)"> <text>The parent objects to the child's immunization because it conflicts with the parent's bona fide religious beliefs and practices.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If a parent objects to a child's immunization or medical examination, or both, because of the parent's bona fide religious beliefs and practices, an operator shall require the parent to provide a health history of the child and sign a statement indicating that to the best of the parent's knowledge and belief, the child is in satisfactory health and free from any communicable disease.</text> </paragraph> <paragraph num="I."> <text>The operator shall record or maintain on file:</text> <paragraph num="(1)"> <text>Each incidence of acute illness requiring exclusion of the child from care pursuant to COMAR 13A.17.11.01;</text> </paragraph> <paragraph num="(2)"> <text>Each injury or accident required by Regulation .06D and E of this chapter to be reported;</text> </paragraph> <paragraph num="(3)"> <text>Child medication records required by COMAR 13A.17.11.04;</text> </paragraph> <paragraph num="(4)"> <text>If the child requires a modified diet, the prescription from the child's health practitioner or the written instructions from the child's parent, pursuant to COMAR 13A.17.12.02;</text> </paragraph> <paragraph num="(5)"> <text>If program activities away from the center are provided, prior written permission from the child's parent to take the child to those activities; and</text> </paragraph> <paragraph num="(6)"> <text>Documentation that the child's parent has received, or has been advised how to obtain, the consumer education pamphlet on child care supplied by the office.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Written information about the child's individual needs that is supplied by the parent by the time of the child's admission to care shall be reviewed by the operator and the parent at least every 12 months after the child's admission to care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Staff Records."> <text>The operator shall:</text> <paragraph num="A."> <text>Maintain and, upon request by the office, submit a current and complete:</text> <paragraph num="(1)"> <text>List of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the facility on a routine basis; and</text> </paragraph> <paragraph num="(2)"> <text>Staffing pattern, on a form supplied or approved by the office, that specifies:</text> <paragraph num="(a)"> <text>The number and ages of children enrolled;</text> </paragraph> <paragraph num="(b)"> <text>The staff/child ratio in relation to the daily schedule; and</text> </paragraph> <paragraph num="(c)"> <text>By staff name, all child care assignments;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>During an individual's employment at the facility and for 2 years after the date of the individual's last employment there, maintain a record for each individual that includes:</text> <paragraph num="(1)"> <text>Training, including basic health and safety training and yearly updates, if required under this subtitle;</text> </paragraph> <paragraph num="(2)"> <text>Verification that an individual's age complies with the minimum required for the position held;</text> </paragraph> <paragraph num="(3)"> <text>An employment medical evaluation;</text> </paragraph> <paragraph num="(4)"> <text>Criminal background check results, except that the operator shall destroy the record of those results immediately after the last day of the individual’s employment; and</text> </paragraph> <paragraph num="(5)"> <text>The date on which the staff member received the information required by COMAR 13A.17.06.02;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maintain documentation required for:</text> <paragraph num="(1)"> <text>Substitutes, pursuant to COMAR 13A.17.06.05; and</text> </paragraph> <paragraph num="(2)"> <text>The adult available for emergencies, pursuant to COMAR 13A.17.08.02; and</text> </paragraph> </paragraph> <paragraph num="D."> <text>Maintain a calendar or other written record of the:</text> <paragraph num="(1)"> <text>Days on which a substitute provides care; and</text> </paragraph> <paragraph num="(2)"> <text>Staff member in whose place the substitute worked.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Notifications."> <text>The operator shall:</text> <paragraph num="A."> <text>Within 5 business days of its occurrence, provide written notification to the office about the:</text> <paragraph num="(1)"> <text>Addition of a new employee or staff member that includes:</text> <paragraph num="(a)"> <text>The individual’s full name, date of birth, and date of hire;</text> </paragraph> <paragraph num="(b)"> <text>Information about the individual’s work assignment;</text> </paragraph> <paragraph num="(c)"> <text>Proof of compliance with the laws and regulations pertaining to criminal background checks; and</text> </paragraph> <paragraph num="(d)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Ending of employment, for whatever reason, of an individual that includes the:</text> <paragraph num="(a)"> <text>Individual’s full name; and</text> </paragraph> <paragraph num="(b)"> <text>Date of the individual’s last day of employment;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Within 15 working days of adding the new employee or staff member, provide to the office, if applicable, documentation that the individual meets the requirements of this chapter for the assignment, unless documentation already is on file in the office;</text> </paragraph> <paragraph num="C."> <text>Have on file in the nursery school or child care program the following information about each employee or staff member:</text> <paragraph num="(1)"> <text>The individual's assignment;</text> </paragraph> <paragraph num="(2)"> <text>Documentation that the individual meets the requirements of this subtitle for the assignment unless the documentation is already on file in the office; and</text> </paragraph> <paragraph num="(3)"> <text>Proof of compliance with laws and regulations pertaining to criminal background checks;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notify or require that a staff member notify the office within 24 hours of:</text> <paragraph num="(1)"> <text>The death of a child if the child died while at the facility;</text> </paragraph> <paragraph num="(2)"> <text>The death of a child enrolled at the facility if the child died of a contagious disease; and</text> </paragraph> <paragraph num="(3)"> <text>Any injury to a child that occurs while the child is at the child care facility or on a field trip which results in the child's being:</text> <paragraph num="(a)"> <text>Treated by a medical professional; or</text> </paragraph> <paragraph num="(b)"> <text>Admitted to a hospital;</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If a child has an injury or accident while in attendance, notify the child's parent:</text> <paragraph num="(1)"> <text>Immediately, if the child's injury is serious; or</text> </paragraph> <paragraph num="(2)"> <text>Within the same day, about all other injuries and each accident which may result in injury;</text> </paragraph> </paragraph> <paragraph num="F."> <text>Immediately notify the office of:</text> <paragraph num="(1)"> <text>An employee or an individual on the child care facility premises who is under investigation for:</text> <paragraph num="(a)"> <text>A criminal charge; or</text> </paragraph> <paragraph num="(b)"> <text>An allegation of child abuse or neglect; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A change at the child care facility which may affect the status of the letter of compliance, including but not limited to:</text> <paragraph num="(a)"> <text>Individuals living on the premises;</text> </paragraph> <paragraph num="(b)"> <text>Operation of the facility; or</text> </paragraph> <paragraph num="(c)"> <text>Telephone number;</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Within 5 working days after there is a new individual living on the child care facility premises who is 18 years old or older:</text> <paragraph num="(1)"> <text>Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about the resident; and</text> </paragraph> <paragraph num="(2)"> <text>Direct the resident to apply for a federal and State criminal background check; and</text> </paragraph> </paragraph> <paragraph num="H."> <text>Within 10 business days of receiving notice from the facility’s supplier of water that the drinking water is contaminated, send a written notice of the contamination to the parent of each enrolled child that:</text> <paragraph num="(1)"> <text>Identifies the contaminants and their levels; and</text> </paragraph> <paragraph num="(2)"> <text>Describes the facility’s plan for dealing with the water contamination problem until the water is determined by the appropriate authority to be safe for consumption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Change of Operation."> <paragraph num="A."> <text>Except when converting the facility to a summer camp, if an operator wishes to make any changes from the current letter of compliance, such as rooms not previously approved for child care, capacity, hours of operation, age groups served, or the introduction of food service, the operator shall request and obtain written approval of the change from the office before implementing the change.</text> </paragraph> <paragraph num="B."> <text>After determining whether the proposed change meets the requirements of this subtitle, the office shall approve or disapprove the proposed change. If the change is approved, the office shall issue a revised letter of compliance indicating the change.</text> </paragraph> <paragraph num="C."> <text>If an operator wishes to convert to a summer youth camp, the operator shall:</text> <paragraph num="(1)"> <text>Notify the office before implementing the change to a summer youth camp;</text> </paragraph> <paragraph num="(2)"> <text>Upon request by the office, provide proof to the office of the facility's certification as a summer youth camp under Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>If applicable, remove the letter of compliance from display on the premises used for operating a summer youth camp during the period of summer youth camp operation; and</text> </paragraph> <paragraph num="(4)"> <text>Notify parents of children in care and those applying for care that:</text> <paragraph num="(a)"> <text>A child care facility is not being operated during summer months; and</text> </paragraph> <paragraph num="(b)"> <text>State regulations for camps differ from those for child care facilities.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Variances."> <paragraph num="A."> <text>An office may grant a variance to a regulation under this subtitle:</text> <paragraph num="(1)"> <text>If the safeguards to a child's health, safety, or well-being are not diminished;</text> </paragraph> <paragraph num="(2)"> <text>When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and</text> </paragraph> <paragraph num="(3)"> <text>For a limited period of time as specified by the office, or for as long as the letter of compliance remains in effect and the operator continues to comply with the terms of the variance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 30 calendar days of receiving a completed request for a variance, the office shall notify the operator that the variance has been granted or denied.</text> </paragraph> <paragraph num="C."> <text>If a variance request is denied by a regional office of the Agency:</text> <paragraph num="(1)"> <text>The operator may appeal the denial to the Agency's central office; and</text> </paragraph> <paragraph num="(2)"> <text>The Agency's central office has the final determination of whether or not a variance is granted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A variance to sanitary facility requirements that is granted pursuant to COMAR 13A.17.05.08B does not apply to any subsequent additions or enlargements to the child care facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Advertisement."> <paragraph num="A."> <text>An operator may not advertise child care services unless the facility holds a current letter of compliance issued by the office.</text> </paragraph> <paragraph num="B."> <text>An advertisement of the facility shall:</text> <paragraph num="(1)"> <text>Specify that the facility holds a letter of compliance; and</text> </paragraph> <paragraph num="(2)"> <text>Include the letter of compliance number issued to the facility by the office.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.)Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D, E amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 619); March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="04" heading="Operational Requirements"> <regulation prefix="Regulation" num=".01" heading="Capacity."> <paragraph num="A."> <text>An office shall determine the capacity of the nursery school or child care program according to criteria established in:</text> <paragraph num="(1)"> <text>This subtitle affecting floor space, outdoor play space, staffing, equipment, ages of the children to be enrolled, and sanitary facilities; and</text> </paragraph> <paragraph num="(2)"> <text>Applicable codes, including zoning, building, and fire codes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator shall limit the total number of children in care at one time to the capacity approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment and Attendance."> <paragraph num="A."> <text>All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.</text> </paragraph> <paragraph num="B."> <text>An operator may not enroll a child for more than 14 hours in a 24-hour period unless approved in advance by the office.</text> </paragraph> <paragraph num="C."> <text>An operator shall maintain written records of:</text> <paragraph num="(1)"> <text>Enrollment with the child's name, address, telephone number, date of birth, and dates and time periods for which enrolled; and</text> </paragraph> <paragraph num="(2)"> <text>Attendance by groups of children which indicate the dates of attendance of each child in the child care facility.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An operator may enroll a child only if the office has given written approval for the facility to care for children of that child's age.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-560, 5-564, and 5-570—5-585; State Government Article, §10-617; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference—Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> </annotations> </chapter> <chapter num="05" heading="Physical Plant and Equipment"> <regulation prefix="Regulation" num=".01" heading="Building Safety."> <paragraph num="A."> <text>An operator shall provide a building for a child care facility that is:</text> <paragraph num="(1)"> <text>Maintained in good repair;</text> </paragraph> <paragraph num="(2)"> <text>Free from health and safety hazards as identified by the office; and</text> </paragraph> <paragraph num="(3)"> <text>Clean and free from infestation of insects and rodents.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as set forth in §C of this regulation, the operator shall ensure that the child care facility complies with all applicable State and local codes, including but not limited to zoning, building, plumbing, gas, electrical, sewage disposal, drinking water, environment, health, and fire.</text> </paragraph> <paragraph num="C."> <text>A child care facility for school age children that is located in a school building and operates before and after school hours is not required to comply with any regulation under this subtitle that relates to the physical plant of the facility if it exceeds requirements imposed by the county or the local board of education with respect to the school building.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Accessibility."> <text>An operator shall ensure that an access road on facility property permits passage by emergency vehicles during times when children are in care.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Indoor Space."> <paragraph num="A."> <text>In a nursery school that holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before December 1, 1971, and is still in effect, a minimum of 30 square feet of floor space shall be provided for each child.</text> </paragraph> <paragraph num="B."> <text>In a nursery school or child care program granted a letter of compliance after December 1, 1971, a minimum of 35 square feet of floor space shall be provided for each child.</text> </paragraph> <paragraph num="C."> <text>The office may not approve a capacity increase for a child care program or a nursery school currently approved, and wishing to maintain approval, to operate with less than 35 square feet per child.</text> </paragraph> <paragraph num="D."> <text>In calculating the square footage of floor space provided for each child, the following may not be included:</text> <paragraph num="(1)"> <text>Any floor space, rooms, or areas that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, and corridors, food preparation areas, kitchens, bathrooms, adult work areas, permanently equipped isolation areas or sleeping rooms, storage units, and storage space; and</text> </paragraph> <paragraph num="(2)"> <text>Furniture, except for:</text> <paragraph num="(a)"> <text>Children's chairs and tables which are nonfixed and multipurpose;</text> </paragraph> <paragraph num="(b)"> <text>An adult-size rocking chair or other adult-size comfortable chair;</text> </paragraph> <paragraph num="(c)"> <text>Moveable play equipment;</text> </paragraph> <paragraph num="(d)"> <text>An adult-size couch; and</text> </paragraph> <paragraph num="(e)"> <text>Open shelves for children's daily activities.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Building Repair and Maintenance."> <text>Building maintenance, repair, or renovation activity may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Lead-Safe Environment."> <paragraph num="A."> <text>A facility operator may not use paint with lead content on any:</text> <paragraph num="(1)"> <text>Exterior or interior surface of the facility; or</text> </paragraph> <paragraph num="(2)"> <text>Material or equipment used for child care purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care facility is a pre-1978 residential rental property, which is an affected property as defined by the Environment Article, §6-801(b), Annotated Code of Maryland, the operator shall submit a copy of the current lead risk reduction or lead free certificate.</text> </paragraph> <paragraph num="C."> <text>If the facility was constructed before 1978 and not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the operator shall:</text> <paragraph num="(1)"> <text>Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the facility that is used for child care;</text> </paragraph> <paragraph num="(2)"> <text>If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead dust test:</text> <paragraph num="(a)"> <text>Conducted by an accredited visual inspector pursuant to COMAR 26.16.02.03B to meet the risk reduction standard, if the facility is an affected property; or</text> </paragraph> <paragraph num="(b)"> <text>Conducted in areas used for child care by an accredited risk assessor pursuant to COMAR 26.16.05.11, if the facility is not an affected property; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a lead dust test is required pursuant to §C(2) of this regulation, obtain:</text> <paragraph num="(a)"> <text>A passing score on that test; and</text> </paragraph> <paragraph num="(b)"> <text>Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a facility constructed before 1978 and not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing renovation which disturbs the painted surface of an interior or exterior area used for child care or exterior areas the operator shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Ventilation and Temperature."> <text>A room may be used for child care only if it:</text> <paragraph num="A."> <text>Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;</text> </paragraph> <paragraph num="B."> <text>Is free of moisture and dampness; and</text> </paragraph> <paragraph num="C."> <text>Has a temperature at floor level of not less than 65°F.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Water Supply."> <paragraph num="A."> <text>The facility shall have hot and cold running water, with hot water temperature not exceeding 120°F.</text> </paragraph> <paragraph num="B."> <text>For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:</text> <paragraph num="(1)"> <text>Safely accessible to children 2 years old or older without assistance from an adult; and</text> </paragraph> <paragraph num="(2)"> <text>Not located in a toilet room or in a sink used for handwashing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Drinking water shall be supplied by:</text> <paragraph num="(1)"> <text>An angle-jet drinking fountain with mouthguard;</text> </paragraph> <paragraph num="(2)"> <text>Licensed bottled water in the original container;</text> </paragraph> <paragraph num="(3)"> <text>Running water supply with individual single service drinking cups; or</text> </paragraph> <paragraph num="(4)"> <text>Another method or source approved by the office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>During meals and snacks, water may be served family-style from a pitcher if the water is poured into the pitcher directly from one of the supply sources listed at §C of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Sanitary Facilities and Supplies."> <paragraph num="A."> <text>For every 15 children in care, an operator shall provide one toilet and one sink that are:</text> <paragraph num="(1)"> <text>Maintained in good operating condition and in a sanitary manner;</text> </paragraph> <paragraph num="(2)"> <text>Easily accessible to the children; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator which holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before July 1, 1991, and is still in effect may receive a variance from the requirements of §A of this regulation if the office determines that:</text> <paragraph num="(1)"> <text>The requirements can be met only with substantial physical modifications to the child care facility; and</text> </paragraph> <paragraph num="(2)"> <text>Sanitary facilities are accessible to every child in the child care facility.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In each toilet facility accessible to a school age child, the operator shall provide at least one toilet in an enclosed stall or other space affording privacy to the child.</text> </paragraph> <paragraph num="D."> <text>In a small facility approved for mixed age groups, only one toilet and sink are required.</text> </paragraph> <paragraph num="E."> <text>A facility licensed for the first time shall provide at least one toilet facility restricted to use by adults that is equipped with a toilet, sink, and toilet supplies, except that this requirement does not apply to:</text> <paragraph num="(1)"> <text>Small centers; or</text> </paragraph> <paragraph num="(2)"> <text>Programs that operate 2-1/2 hours or less per session per day.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each toilet room shall have:</text> <paragraph num="(1)"> <text>A floor with a water-resistant, nonabsorbent finish;</text> </paragraph> <paragraph num="(2)"> <text>Smoothly finished walls with a hard surface; and</text> </paragraph> <paragraph num="(3)"> <text>Approved and functioning natural or mechanical ventilation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Portable toilets, also known as potty-chairs, may not be used in a child care facility.</text> </paragraph> <paragraph num="H."> <text>Each toilet room shall contain individual paper towels, a trash receptacle, soap, and toilet paper.</text> </paragraph> <paragraph num="I."> <text>All sanitary supplies in a toilet room shall be available within reach of a child capable of using the toilet unassisted.</text> </paragraph> <paragraph num="J."> <text>Toiletry and grooming articles, drinking cups, towels, face cloths, brushes, and combs may not be shared.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <paragraph num="A."> <text>There shall be sufficient natural and artificial lighting in all approved areas of the facility to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the facility.</text> </paragraph> <paragraph num="B."> <text>An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.</text> </paragraph> <paragraph num="C."> <text>In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting that will operate in case of a power failure.</text> </paragraph> <paragraph num="D."> <text>An operator shall provide adequate outdoor lighting to ensure the safety of individuals entering and leaving the facility when it is dark outside.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Telephone and Communication."> <paragraph num="A."> <text>There shall be at least one operable telephone in the facility that is freely and readily available to all facility staff during the approved hours of operation.</text> </paragraph> <paragraph num="B."> <text>In a facility with more than two rooms approved for child care, a staff member supervising a group of children in one room shall be able to communicate a request for assistance to a staff member in another room while maintaining continuous supervision of the group.</text> </paragraph> <paragraph num="C."> <text>The operator shall provide additional telephones or extensions in the facility as may be required to:</text> <paragraph num="(1)"> <text>Summon emergency fire and rescue services promptly; and</text> </paragraph> <paragraph num="(2)"> <text>Transmit and receive other emergency communications.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="General Cleanliness and Disposal of Refuse."> <paragraph num="A."> <text>The entire child care facility, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.</text> </paragraph> <paragraph num="B."> <text>Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of the daily activity program.</text> </paragraph> <paragraph num="C."> <text>Disposal of Refuse.</text> <paragraph num="(1)"> <text>Each room used for child care shall have a trash container with a disposable liner.</text> </paragraph> <paragraph num="(2)"> <text>All trash containers in child care areas shall be emptied when full but at least daily.</text> </paragraph> <paragraph num="(3)"> <text>Refuse that is placed outdoors to await collection shall be stored in receptacles that are:</text> <paragraph num="(a)"> <text>Made of tight, nonabsorbent, easily washable materials;</text> </paragraph> <paragraph num="(b)"> <text>Covered with tightly fitting lids; and</text> </paragraph> <paragraph num="(c)"> <text>Washed and treated with disinfectant when necessary to combat odors and prevent infestation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Outdoor Activity Area."> <paragraph num="A."> <text>A child care facility shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the facility that provides adequate usable activity space for the approved capacity of the facility.</text> </paragraph> <paragraph num="B."> <text>A facility for which a notice of intent, filed pursuant to COMAR 13A.17.02.02A(1), is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:</text> <paragraph num="(1)"> <text>One half of the approved capacity of the facility; or</text> </paragraph> <paragraph num="(2)"> <text>Each child, if the facility has an approved capacity of 20 or fewer children.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Usable activity space may include only the area and the activity equipment approved for use by children in care.</text> </paragraph> <paragraph num="D."> <text>The activity area shall be free from potential hazards to child health or safety.</text> </paragraph> <paragraph num="E."> <text>All outdoor activity equipment shall be safe, in good repair, clean, and nontoxic.</text> </paragraph> <paragraph num="F."> <text>Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:</text> <paragraph num="(1)"> <text>Fence that surrounds the pool at least 4 feet in height;</text> </paragraph> <paragraph num="(2)"> <text>Self-closing and self-latching mechanism on the gate, door, or access to the pool;</text> </paragraph> <paragraph num="(3)"> <text>Lock that is operable and secured; and</text> </paragraph> <paragraph num="(4)"> <text>Sensor or alarm in the pool and on the access door.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Swimming Facilities."> <paragraph num="A."> <text>Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.</text> </paragraph> <paragraph num="B."> <text>An above-ground swimming pool:</text> <paragraph num="(1)"> <text>May not be used for swimming activities; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be made inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="06" heading="Staff Requirements"> <regulation prefix="Regulation" num=".01" heading="Minimum Staff Age."> <text>In a nursery school or child care program:</text> <paragraph num="A."> <text>Except as provided in §B of this regulation, staff members or substitutes shall be at least 18 years old; and</text> </paragraph> <paragraph num="B."> <text>An aide and a substitute aide shall be 16 years old or older and shall work under the direct supervision of the staff member in charge of the group to whom the aide is assigned.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Staff Orientation and Training."> <text>On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:</text> <paragraph num="A."> <text>The location of the telephone and emergency telephone numbers;</text> </paragraph> <paragraph num="B."> <text>The location of each child's emergency form;</text> </paragraph> <paragraph num="C."> <text>Emergency evacuation procedures;</text> </paragraph> <paragraph num="D."> <text>The identity of the staff members who have first aid and CPR training;</text> </paragraph> <paragraph num="E."> <text>The identity of the adult who is required to be available to provide emergency coverage pursuant to COMAR 13A.17.08.02;</text> </paragraph> <paragraph num="F."> <text>Handwashing procedures;</text> </paragraph> <paragraph num="G."> <text>The facility's discipline procedures;</text> </paragraph> <paragraph num="H."> <text>The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§5-704—5-705, Annotated Code of Maryland;</text> </paragraph> <paragraph num="I."> <text>Signs and symptoms of abuse and neglect in children;</text> </paragraph> <paragraph num="J."> <text>The content of the most current regulations in this subtitle;</text> </paragraph> <paragraph num="K."> <text>The community resources available to the family of a child who may have special needs;</text> </paragraph> <paragraph num="L."> <text>Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and</text> </paragraph> <paragraph num="M."> <text>Basic health and safety is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suitability for Employment."> <paragraph num="A."> <text>A child care facility operator may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(1)"> <text>A crime involving:</text> <paragraph num="(a)"> <text>A child;</text> </paragraph> <paragraph num="(b)"> <text>Cruelty to animals;</text> </paragraph> <paragraph num="(c)"> <text>Domestic violence of an intimate partner or spouse; or</text> </paragraph> <paragraph num="(d)"> <text>A weapons or firearms violation of federal or state laws;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A violent crime classified as a felony, including physical assault or battery;</text> </paragraph> <paragraph num="(4)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(5)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(6)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(7)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(8)"> <text>Perjury;</text> </paragraph> <paragraph num="(9)"> <text>Pornography;</text> </paragraph> <paragraph num="(10)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the previous 5 years;</text> </paragraph> <paragraph num="(11)"> <text>Reckless endangerment; or</text> </paragraph> <paragraph num="(12)"> <text>The felony of:</text> <paragraph num="(a)"> <text>Murder;</text> </paragraph> <paragraph num="(b)"> <text>Spousal abuse; or</text> </paragraph> <paragraph num="(c)"> <text>Arson.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If an individual has been identified at any time as responsible for child abuse or neglect or received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in the list set forth at §A of this regulation, the office:</text> <paragraph num="(1)"> <text>Shall assess, on the basis of the following factors, the individual's suitability for employment:</text> <paragraph num="(a)"> <text>The job position at the child care facility for which the individual is applying or in which the individual is currently employed;</text> </paragraph> <paragraph num="(b)"> <text>The nature and seriousness of the incident, crime, or offense;</text> </paragraph> <paragraph num="(c)"> <text>How long ago the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(d)"> <text>The age of the individual at the time the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(e)"> <text>The individual's probation or parole status, if applicable; and</text> </paragraph> <paragraph num="(f)"> <text>Any other information the office considers pertinent; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Depending on the results of the assessment, shall permit or prohibit employment of the individual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Request for Reassessment.</text> <paragraph num="(1)"> <text>An individual who is prohibited from employment by the office pursuant to §B of this regulation may request the office to conduct a reassessment with respect to the incident, crime, or offense.</text> </paragraph> <paragraph num="(2)"> <text>For a reassessment request to be eligible for consideration:</text> <paragraph num="(a)"> <text>The request shall be in writing and shall include documentation, such as but not limited to letters of support or evaluation reports, pertinent to the incident, crime, or offense; and</text> </paragraph> <paragraph num="(b)"> <text>The individual may not have submitted a reassessment request, whether for the same or a different job position, within the previous 12 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In order to reach a decision on the request, the office may request additional information from the individual, the child care facility operator, or any agency or entity cited by the individual or the operator in connection with the reassessment request.</text> </paragraph> <paragraph num="(4)"> <text>Upon reaching a decision on the request, the office shall promptly notify the individual of that decision.</text> </paragraph> <paragraph num="(5)"> <text>The operator may not permit the individual to begin or to resume employment until the office has notified the operator that the individual may be employed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notification of Employment Prohibition.</text> <paragraph num="(1)"> <text>If the office, pursuant to this regulation, determines that an individual may not be employed at a child care facility, the office shall notify the individual and the facility operator in writing of that decision and its basis.</text> </paragraph> <paragraph num="(2)"> <text>The written notification to the individual shall also:</text> <paragraph num="(a)"> <text>State that the individual may appeal the decision to the Office of Administrative Hearings (OAH); and</text> </paragraph> <paragraph num="(b)"> <text>Specify the requirements for submitting an appeal to the OAH.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Upon notification that an individual may not be employed, the facility operator:</text> <paragraph num="(1)"> <text>Shall promptly terminate the individual from employment or from consideration for employment, as applicable; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the individual appeals the decision to the OAH and the appeal is concluded in favor of the individual, may not:</text> <paragraph num="(a)"> <text>Reconsider the individual for employment;</text> </paragraph> <paragraph num="(b)"> <text>Permit the individual to have any contact with an unrelated child in care; or</text> </paragraph> <paragraph num="(c)"> <text>Allow the individual on the premises of the facility except to exercise parental responsibilities with respect to a related child in care.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Staff Health."> <paragraph num="A."> <text>Medical Evaluation.</text> <paragraph num="(1)"> <text>An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective:</text> <paragraph num="(a)"> <text>Staff member; and</text> </paragraph> <paragraph num="(b)"> <text>Except for a health care professional serving as a consultant pursuant to Regulation .06C of this chapter, support staff who will be present at the facility while children are in care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The medical evaluation shall be signed by the individual who conducted the evaluation or the individual’s designee and include verification that the staff member:</text> <paragraph num="(a)"> <text>Is free of communicable tuberculosis, if indicated; and</text> </paragraph> <paragraph num="(b)"> <text>Has the capability to perform the duties of the staff member’s position.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The medical evaluation may transfer directly from one nursery school or child care program to another when the evaluation was completed within the previous 24 months of the transfer.</text> </paragraph> <paragraph num="(4)"> <text>The medical evaluation shall be updated every 5 years, measured from the individual’s previous medical evaluation date.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exclusion from Work. Except with the approval of the office and the health officer, an operator may not permit an individual with a serious transmissible infection or communicable disease listed in the Communicable Diseases Summary, as published by the Maryland Department of Health, to work at a nursery school or child care program during the period of exclusion from child care shown by the Summary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Substitutes."> <paragraph num="A."> <text>When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.17.08.03.</text> </paragraph> <paragraph num="B."> <text>A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Support Personnel."> <paragraph num="A."> <text>The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.</text> </paragraph> <paragraph num="B."> <text>In a small facility, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.</text> </paragraph> <paragraph num="C."> <text>The operator of a facility that provides a service involving the regular use of specialized health care procedures or equipment shall use as a consultant to the facility in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Volunteers."> <paragraph num="A."> <text>A child care facility volunteer shall be under the close supervision of a staff member whenever the volunteer is in contact with an unrelated child in care at the facility.</text> </paragraph> <paragraph num="B."> <text>The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the facility pursuant to Regulation .03A or B of this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02K adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02L, M adopted effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 16); April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> </annotations> </chapter> <chapter num="07" heading="Child Protection"> <regulation prefix="Regulation" num=".01" heading="Prohibition of Abuse, Neglect, and Injurious Treatment."> <text>An operator, a staff member, substitute, volunteer, person residing on the premises of the facility, or anyone connected with the facility may not subject a child to child abuse, neglect, mental injury, or injurious treatment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Abuse/Neglect Reporting."> <paragraph num="A."> <text>An operator, staff member, employee, substitute, or volunteer who has reason to believe that a child has been:</text> <paragraph num="(1)"> <text>Abused, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department or to a law enforcement agency, as required under Maryland law;</text> </paragraph> <paragraph num="(2)"> <text>Neglected, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department as required under Maryland law.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When a child has been subjected to injurious treatment, it shall be reported to the office.</text> </paragraph> <paragraph num="C."> <text>An operator shall:</text> <paragraph num="(1)"> <text>Instruct the staff to monitor all children daily for signs and symptoms of child abuse and neglect;</text> </paragraph> <paragraph num="(2)"> <text>Instruct staff about their legal obligations to report suspected child abuse or neglect directly to the local department or the appropriate law enforcement agency; and</text> </paragraph> <paragraph num="(3)"> <text>Post, near each telephone in the facility, the telephone numbers of the Child Protective Services unit of the local department and the appropriate law enforcement agency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An operator may not require a staff member, employee, substitute, or volunteer to report through the operator or director, rather than directly to the local department or a law enforcement agency, when the staff member has reason to believe that a child has been abused or neglected.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Child Discipline."> <paragraph num="A."> <text>Child discipline shall be:</text> <paragraph num="(1)"> <text>Appropriate to the age, maturity, and physical condition of the child; and</text> </paragraph> <paragraph num="(2)"> <text>Consistent with the requirements of this subtitle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The operator, staff member, employee, substitute, or volunteer may not:</text> <paragraph num="(1)"> <text>Force a child to eat or drink;</text> </paragraph> <paragraph num="(2)"> <text>Punish a child for refusing to eat or drink;</text> </paragraph> <paragraph num="(3)"> <text>Withhold food or beverages as punishment; or</text> </paragraph> <paragraph num="(4)"> <text>Spank, hit, shake, or use any other means of physical discipline.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The operator shall:</text> <paragraph num="(1)"> <text>Prepare a written child discipline policy that states the:</text> <paragraph num="(a)"> <text>Discipline methods used at the facility; and</text> </paragraph> <paragraph num="(b)"> <text>The circumstances under which the child discipline methods may be applied;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Make the child discipline policy available to:</text> <paragraph num="(a)"> <text>The parent of each child in care;</text> </paragraph> <paragraph num="(b)"> <text>Parents who are considering whether to enroll their children; and</text> </paragraph> <paragraph num="(c)"> <text>The office; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Ensure that the child discipline policy is followed by each employee, substitute, volunteer, and other individual connected with the facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Parental Access."> <text>An operator shall permit the parent of a child in care to:</text> <paragraph num="A."> <text>Freely observe all areas of the facility used for child care during operating hours; and</text> </paragraph> <paragraph num="B."> <text>Have access, without appointment, to the parent's child at any time during the nursery school's or child care program's hours of operation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Authorized Release."> <text>An operator shall ensure that a staff member releases a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified. If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Child Security."> <paragraph num="A."> <text>An operator shall ensure the safety and security of each child at all times.</text> </paragraph> <paragraph num="B."> <text>Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.</text> </paragraph> <paragraph num="C."> <text>A facility employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:</text> <paragraph num="(1)"> <text>Accompany a child whenever the child is in the presence of another individual, unless the individual is:</text> <paragraph num="(a)"> <text>Another child in care;</text> </paragraph> <paragraph num="(b)"> <text>A health service consultant used by the facility operator pursuant to COMAR 13A.17.06.06C;</text> </paragraph> <paragraph num="(c)"> <text>The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, educational, or other service to the child;</text> </paragraph> <paragraph num="(e)"> <text>During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the facility; or</text> </paragraph> <paragraph num="(f)"> <text>If the facility is located at a school, an individual who for compensation is employed to work at the school; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless documentation is on file at the facility that an independent contractor performing a service at the facility has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area of the facility where children are present.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, C amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, C amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> </annotations> </chapter> <chapter num="08" heading="Child Supervision"> <regulation prefix="Regulation" num=".01" heading="Individualized Attention and Care."> <text>An operator shall ensure that:</text> <paragraph num="A."> <text>Each child receives:</text> <paragraph num="(1)"> <text>Attention to the child's individual needs, including but not limited to making reasonable accommodations for a child with special needs in accordance with applicable federal and State laws; and</text> </paragraph> <paragraph num="(2)"> <text>Adequate supervision and care at all times that is:</text> <paragraph num="(a)"> <text>Provided only by individuals who are designated by the operator to provide supervision and care; and</text> </paragraph> <paragraph num="(b)"> <text>Appropriate to the individual age, needs, and capabilities of the child;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Each staff member providing care to a child is:</text> <paragraph num="(1)"> <text>Oriented to the child's individual care needs; and</text> </paragraph> <paragraph num="(2)"> <text>Prepared to provide the appropriate individual care;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used by the operator to meet the child's individual care needs;</text> </paragraph> <paragraph num="D."> <text>A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as, but not limited to, scissors, sharp tools, or knives; and</text> </paragraph> <paragraph num="E."> <text>A child is allowed to travel to or from school or a school transportation site without adult supervision only if:</text> <paragraph num="(1)"> <text>The child is in the first or a higher grade; and</text> </paragraph> <paragraph num="(2)"> <text>The child's parent and the operator agree in writing that the child can travel safely without adult supervision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Staff Available for Emergencies."> <text>In case of an emergency, during periods when only one staff member is required to be present to meet the staff/child ratio, an operator shall obtain a written, signed, and dated agreement from an adult who:</text> <paragraph num="A."> <text>Has successfully passed a federal and State criminal background check and a review of child abuse and neglect records; and</text> </paragraph> <paragraph num="B."> <text>Is willing and able to be at the nursery school or child care program within 15 minutes of notification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Group Size and Staffing."> <paragraph num="A."> <text>Assignment of Staff. One or more staff members shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—E of this regulation.</text> </paragraph> <paragraph num="B."> <text>Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.</text> </paragraph> <paragraph num="C."> <text>Same-Age Groups in Nursery Schools. In groups of children of the same age in a nursery school, the following requirements apply:</text> </paragraph> <paragraph num="D."> <text>Same-Age Groups in Before-School and After-School Child Care Programs. In groups of children of the same age in a before-school or after-school child care program, the following requirements apply:</text> </paragraph> <paragraph num="E."> <text>Mixed Age Groups.</text> <paragraph num="(1)"> <text>A mixed age group with preschool children may not exceed 20 children.</text> </paragraph> <paragraph num="(2)"> <text>In a mixed age group with preschool children 3 years old or older, the staff to child ratio is 1 to 10.</text> </paragraph> <paragraph num="(3)"> <text>A maximum of six 2-year-olds may be in a mixed age group of 13 to 20 children.</text> </paragraph> <paragraph num="(4)"> <text>In mixed-age groups of varying sizes that include children who are 2 years old, the following minimum staffing levels apply:</text> </paragraph> </paragraph> <paragraph num="F."> <text>When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Variations in Group Size."> <paragraph num="A."> <text>Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the operator maintains the staff/child ratios required by this chapter.</text> </paragraph> <paragraph num="B."> <text>Groups containing only school age children may be of any size, pursuant to a plan approved by the office, if the staff/child ratios required by this chapter are maintained.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Supervision During Water Activities."> <paragraph num="A."> <text>An operator shall have prior written approval from a child's parent for the child's participation in a water activity.</text> </paragraph> <paragraph num="B."> <text>If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.</text> </paragraph> <paragraph num="C."> <text>If the water exceeds 4 feet in depth, there shall be a lifeguard present who:</text> <paragraph num="(1)"> <text>Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;</text> </paragraph> <paragraph num="(2)"> <text>Is present at waterside during the swimming activity; and</text> </paragraph> <paragraph num="(3)"> <text>May not be included in the required staff/child ratio.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Supervision During Transportation."> <text>When child transportation is conducted to or from:</text> <paragraph num="A."> <text>The child care facility by the facility operator, there shall be at least one adult, who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.17.07.06C, other than the driver present in the vehicle if:</text> <paragraph num="(1)"> <text>More than eight preschoolers are being transported as a group; or</text> </paragraph> <paragraph num="(2)"> <text>At least one child is being transported and the driver of the vehicle is not:</text> <paragraph num="(a)"> <text>A facility employee; or</text> </paragraph> <paragraph num="(b)"> <text>The parent of a child in care who is authorized by the operator to assist in transporting children in care; or</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An off-site activity by an independent contractor or a local school district and at least one child in care is being transported, the facility operator shall ensure that there is at least one adult other than the driver present in the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Playground Supervision."> <text>When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:</text> <paragraph num="A."> <text>Station themselves near the children so that immediate intervention can occur if necessary; and</text> </paragraph> <paragraph num="B."> <text>If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Rest Time Supervision."> <text>During a rest period for a group of children:</text> <paragraph num="A."> <text>The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and</text> </paragraph> <paragraph num="B."> <text>Once all the children in the group are resting quietly:</text> <paragraph num="(1)"> <text>At least one staff member assigned to the group shall continue to remain in the room with the children; and</text> </paragraph> <paragraph num="(2)"> <text>Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="09" heading="Program Requirements"> <regulation prefix="Regulation" num=".01" heading="Activities, Materials and Equipment."> <paragraph num="A."> <text>An operator shall provide to each group of children in care a sufficient quantity and variety of materials and equipment for indoor and outdoor activities according to the number and ages of the children.</text> </paragraph> <paragraph num="B."> <text>Activity materials and equipment provided to a child shall be:</text> <paragraph num="(1)"> <text>Appropriate to the child's age and developmental status;</text> </paragraph> <paragraph num="(2)"> <text>Safe;</text> </paragraph> <paragraph num="(3)"> <text>In good repair;</text> </paragraph> <paragraph num="(4)"> <text>Clean;</text> </paragraph> <paragraph num="(5)"> <text>Nontoxic; and</text> </paragraph> <paragraph num="(6)"> <text>Free from hazards, including lead paint.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Furnishings used by a child shall be scaled in proportion to the child's size.</text> </paragraph> <paragraph num="D."> <text>The operator shall provide multipurpose tables and chairs.</text> </paragraph> <paragraph num="E."> <text>Screen Time Activities.</text> <paragraph num="(1)"> <text>Definitions. In this section, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Interactive technology” means educational and age-appropriate technology, including programs, applications (apps), noncommercial television programming, videos, streaming media, and ebooks, that is designed to:</text> <paragraph num="(i)"> <text>Facilitate active and creative use of technology; and</text> </paragraph> <paragraph num="(ii)"> <text>Encourage social engagement with other children and adults.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Passive technology” means noninteractive television, videos, and streaming media.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Limited use of appropriate interactive technology may support, but may not replace, creative play, physical activity, hands-on exploration, outdoor experiences, social interactions, and other developmentally appropriate learning activities for children.</text> </paragraph> <paragraph num="(3)"> <text>Viewing Restrictions. Except as set forth in §E(4) of this regulation, a child in attendance may not be permitted to view more than 30 minutes of age-appropriate, educational passive technology per week.</text> </paragraph> <paragraph num="(4)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>An occasional exception to the weekly passive technology viewing limit set forth in §E(3) of this regulation may be made for a special event or project, including a holiday or birthday celebration.</text> </paragraph> <paragraph num="(b)"> <text>If an exception to the weekly passive technology viewing limit is made, a written record of the exception shall be made and retained on file that documents the:</text> <paragraph num="(i)"> <text>Nature and duration of the programming viewed; and</text> </paragraph> <paragraph num="(ii)"> <text>Reason for the exception.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>No child may be permitted to view any:</text> <paragraph num="(a)"> <text>Passive or interactive technology during a meal or a snack; or</text> </paragraph> <paragraph num="(b)"> <text>Media with brand placement or advertising for unhealthy or sugary food or beverages.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The operator shall give the parent of each enrolled child a written screen time policy that addresses the use of passive and interactive technology during child care hours.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Upon the request of a parent of a child in care, the operator shall assist the parent with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening for the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Rest Furnishings."> <paragraph num="A."> <text>There shall be:</text> <paragraph num="(1)"> <text>A suitable cot or mat for each child 2 to 5 years old present in the facility for more than 4 hours, and for children 5 years old or older who regularly take rest periods in the facility;</text> </paragraph> <paragraph num="(2)"> <text>A suitable bed for each child who is present in the facility during those hours that are usual nighttime sleep hours for that child; and</text> </paragraph> <paragraph num="(3)"> <text>An adequate supply of clean bedding provided for each child who takes rest periods at the facility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When in use, all cots, mats, and beds shall be appropriately spaced to facilitate safe movement and evacuation of staff and children.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Storage."> <text>There shall be appropriate storage for:</text> <paragraph num="A."> <text>Materials and equipment;</text> </paragraph> <paragraph num="B."> <text>Mats, cots, beds, and bedding;</text> </paragraph> <paragraph num="C."> <text>Portable equipment intended for outdoor use;</text> </paragraph> <paragraph num="D."> <text>Each child's clothing and possessions in an individual space; and</text> </paragraph> <paragraph num="E."> <text>Materials, equipment, furnishings, and supplies being held in reserve.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article §§9.5-115, 9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; Family Law Article §§5-550 and 5-551;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference—Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E adopted effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> </annotations> </chapter> <chapter num="10" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Emergency Safety Requirements."> <paragraph num="A."> <text>Emergency and Disaster Plan.</text> <paragraph num="(1)"> <text>At least one facility employee shall:</text> <paragraph num="(a)"> <text>Complete emergency preparedness training that is approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>As part of the approved emergency preparedness training, prepare a written emergency and disaster plan for the facility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The operator shall maintain the emergency and disaster plan prepared in accordance with §A(1)(b) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The emergency and disaster plan shall:</text> <paragraph num="(a)"> <text>Establish procedures for:</text> <paragraph num="(i)"> <text>Evacuating the facility, including an evacuation route;</text> </paragraph> <paragraph num="(ii)"> <text>Relocating staff and children to a designated safe site;</text> </paragraph> <paragraph num="(iii)"> <text>Sheltering in place in the event that evacuation is not feasible;</text> </paragraph> <paragraph num="(iv)"> <text>Notifying parents of children in care; and</text> </paragraph> <paragraph num="(v)"> <text>Addressing the individual needs of children, including children with special needs;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Contain:</text> <paragraph num="(i)"> <text>The name of, and contact information for the local emergency operations center;</text> </paragraph> <paragraph num="(ii)"> <text>Assignment of staff responsibilities during an emergency or disaster;</text> </paragraph> <paragraph num="(iii)"> <text>A list of local emergency services numbers; and</text> </paragraph> <paragraph num="(iv)"> <text>The radio station call sign and frequency for the local Emergency Alert System;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Be practiced by staff and children at least:</text> <paragraph num="(i)"> <text>Once per month for fire evacuation; and</text> </paragraph> <paragraph num="(ii)"> <text>Twice per year for other emergency and disaster situations; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Be updated at least annually.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A copy of the emergency escape route floor plan shall be posted in each area and room in the facility.</text> </paragraph> <paragraph num="(5)"> <text>Each employee shall be oriented to the contents of the written emergency and disaster plan required at §A(2) of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>In the event of a declared emergency, the operator shall be prepared to respond as directed by the local emergency management agency through sources of public information.</text> </paragraph> <paragraph num="(7)"> <text>During an emergency evacuation or practice, a staff member shall take attendance records out of the facility and determine the presence of each child currently in attendance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care facility is included within a comprehensive emergency and disaster plan, the facility operator shall ensure that:</text> <paragraph num="(1)"> <text>The comprehensive plan contents meet all emergency and disaster plan requirements set forth at §A(3)(a) and (b) of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the comprehensive plan is available to all staff.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An operator shall post, immediately accessible to each telephone in the facility, a notice stating the:</text> <paragraph num="(1)"> <text>9-1-1 emergency telephone number to summon fire, police, and rescue services;</text> </paragraph> <paragraph num="(2)"> <text>Facility's name, address, and telephone number;</text> </paragraph> <paragraph num="(3)"> <text>Telephone number of the Child Protective Services unit of the local department of social services;</text> </paragraph> <paragraph num="(4)"> <text>Telephone number of a poison control facility;</text> </paragraph> <paragraph num="(5)"> <text>Name and telephone number of the local health department or a physician to consult about issues regarding health and illnesses;</text> </paragraph> <paragraph num="(6)"> <text>Name and telephone number of the available adult as required by COMAR 13A.17.08.02; and</text> </paragraph> <paragraph num="(7)"> <text>Telephone number of the office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="First Aid and CPR."> <paragraph num="A."> <text>At all times, including during an off-site activity, at least one individual who is responsible for supervision of children shall be present who holds a current certificate indicating successful completion of approved:</text> <paragraph num="(1)"> <text>Basic first aid training through the American Red Cross, or a program with equivalent standards; and</text> </paragraph> <paragraph num="(2)"> <text>Cardiopulmonary resuscitation (CPR) training through the American Heart Association, or a program with equivalent standards, which is appropriate to all child age groups for which the facility is approved.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A facility with an approved capacity of more than 20 children shall have in attendance, in a ratio of at least one staff member for every 20 children present, staff members who are currently certified in approved first aid and CPR as specified in §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Whenever a child in care is being transported under child care facility auspices to or from the facility, there shall be at least one adult present in the vehicle who is currently certified in approved CPR and first aid. This requirement may be met by the driver of the vehicle if the driver is an employee of the center.</text> </paragraph> <paragraph num="D."> <text>§C of this regulation does not apply if the driver of the vehicle is a parent of a child in care who is designated by the child care facility operator to assist in transporting children in care.</text> </paragraph> <paragraph num="E."> <text>An operator shall maintain first aid supplies as required by the office, conveniently accessible for each group of children at the facility and at an off-site activity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Safe Use of Materials and Equipment."> <text>The operator shall ensure that furnishings, activity materials, and equipment, whether intended for indoor use or outdoor use, are used:</text> <paragraph num="A."> <text>In a safe and appropriate manner by each employee and each child in attendance; and</text> </paragraph> <paragraph num="B."> <text>If applicable, in accordance with manufacturer instructions or recommendations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Potentially Hazardous Items."> <paragraph num="A."> <text>An operator shall store all potentially harmful items, including but not limited to the items described in §§B—F of this regulation, in locations which are inaccessible to children in care.</text> </paragraph> <paragraph num="B."> <text>Petroleum and flammable products shall be stored in an approved manner.</text> </paragraph> <paragraph num="C."> <text>Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.</text> </paragraph> <paragraph num="D."> <text>Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.</text> </paragraph> <paragraph num="E."> <text>A pesticide may be used only if it is:</text> <paragraph num="(1)"> <text>Approved by the U.S. Environmental Protection Agency;</text> </paragraph> <paragraph num="(2)"> <text>Used according to the manufacturer's instructions;</text> </paragraph> <paragraph num="(3)"> <text>Used only when children are not in care; and</text> </paragraph> <paragraph num="(4)"> <text>Stored apart from food, beverages, and cleaning agents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts shall be stored in an approved manner.</text> </paragraph> <paragraph num="G."> <text>Each electrical socket that is accessible to children in care shall be plugged or capped as required by the applicable fire code.</text> </paragraph> <paragraph num="H."> <text>Except in a small facility located in a residence, a firearm may not be kept on the premises.</text> </paragraph> <paragraph num="I."> <text>In a small facility located in a residence where a firearm is maintained, a firearm shall be kept:</text> <paragraph num="(1)"> <text>In a location not used by children in care; and</text> </paragraph> <paragraph num="(2)"> <text>Unloaded and partially disassembled in a locked container with ammunition stored in its own separate locked container.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Window Coverings. A window covering installed:</text> <paragraph num="(1)"> <text>Before October 1, 2010, shall not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or</text> </paragraph> <paragraph num="(2)"> <text>On or after October 1, 2010, shall be cordless.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted effective March 21, 2011 (38:6 Md. R. 396)</annotation> </annotations> </chapter> <chapter num="11" heading="Health"> <regulation prefix="Regulation" num=".01" heading="Exclusion for Acute Illness."> <paragraph num="A."> <text>Child care staff shall:</text> <paragraph num="(1)"> <text>Monitor a child for signs and symptoms of acute illness;</text> </paragraph> <paragraph num="(2)"> <text>Notify a child's parent or other designated person upon observing a sign or symptom of acute illness; and</text> </paragraph> <paragraph num="(3)"> <text>Provide temporary isolation for the affected child in a suitably equipped separate area within sight and hearing of an adult.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator may not admit a child to care or allow a child to remain in care when the child is exhibiting symptoms of acute illness.</text> </paragraph> <paragraph num="C."> <text>A child may not be readmitted to care after an absence of 3 days or more due to illness without a written statement from the parent or physician that the child may return to a regular schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Infectious and Communicable Diseases."> <paragraph num="A."> <text>An operator shall immediately transmit to the health officer a report of the name and address of a child or a staff member who appears to be infected with a reportable communicable disease or who has been exposed to a reportable communicable disease as indicated in COMAR 10.06.01.03.</text> </paragraph> <paragraph num="B."> <text>Except in facilities for children with acute illness, an operator may not knowingly admit to care or retain in care a child with a transmissible infection or a communicable disease during the period of exclusion recommended for that infection or disease as shown in the Communicable Disease Summary, as published by the Maryland Department of Health, unless the health officer grants approval for the child to attend child care during that period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Preventing Spread of Disease."> <paragraph num="A."> <text>A written handwashing procedure approved by the office shall be posted at each sink used for washing hands.</text> </paragraph> <paragraph num="B."> <text>Hands shall be washed according to the posted approved procedure by a facility employee, substitute, volunteer, or child in care at least:</text> <paragraph num="(1)"> <text>After toileting or diapering;</text> </paragraph> <paragraph num="(2)"> <text>Before food preparation or eating; and</text> </paragraph> <paragraph num="(3)"> <text>After an outdoor activity or handling an animal.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Diapering shall be performed in accordance with a written diapering procedure approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Medication Administration and Storage."> <paragraph num="A."> <text>Medication Administration.</text> <paragraph num="(1)"> <text>Medication, whether prescription or nonprescription, may not be administered to a child in care unless:</text> <paragraph num="(a)"> <text>Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received at the center before the medication is administered; and</text> </paragraph> <paragraph num="(b)"> <text>A licensed health practitioner has approved the administration of the medication and the medication dosage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A prescription medication may not be administered to a child unless at least one dose of the medication has been given to the child at home.</text> </paragraph> <paragraph num="(3)"> <text>If medication is by prescription, it shall be labeled by the pharmacy or physician with:</text> <paragraph num="(a)"> <text>The child's name;</text> </paragraph> <paragraph num="(b)"> <text>The date of the prescription;</text> </paragraph> <paragraph num="(c)"> <text>The name of the medication;</text> </paragraph> <paragraph num="(d)"> <text>The medication dosage;</text> </paragraph> <paragraph num="(e)"> <text>The administration schedule;</text> </paragraph> <paragraph num="(f)"> <text>The administration route;</text> </paragraph> <paragraph num="(g)"> <text>If applicable, special instructions, such as “take with food”;</text> </paragraph> <paragraph num="(h)"> <text>The duration of the prescription; and</text> </paragraph> <paragraph num="(i)"> <text>An expiration date that states when the medication is no longer useable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Topical Applications. A diaper rash product, sunscreen, or insect repellent supplied by a child's parent may be applied without prior approval of a licensed health practitioner.</text> </paragraph> <paragraph num="C."> <text>Medication shall be administered according to the instructions on the label of the medication container or a licensed health practitioner's written instructions, whichever are more recently dated.</text> </paragraph> <paragraph num="D."> <text>Recording Requirements.</text> <paragraph num="(1)"> <text>Each administration of a prescription or nonprescription medication to a child, including self-administration of a medication by the child, shall be noted in the child's record.</text> </paragraph> <paragraph num="(2)"> <text>Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child's record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Medication Storage.</text> <paragraph num="(1)"> <text>Each medication shall be:</text> <paragraph num="(a)"> <text>Labeled with the child's name, the dosage, and the expiration date;</text> </paragraph> <paragraph num="(b)"> <text>Stored as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and</text> </paragraph> <paragraph num="(c)"> <text>Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All medications shall be stored to make them inaccessible to children in care but readily accessible to each employee designated by the operator to administer medication.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Medication Administration Training.</text> <paragraph num="(1)"> <text>Whenever children in care are present, there shall be at least one center employee present who has completed medication administration training approved by the office.</text> </paragraph> <paragraph num="(2)"> <text>Medication may be administered to a child in care only by an employee who has completed approved medication administration training.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Section F of this regulation does not apply if:</text> <paragraph num="(1)"> <text>The center employs a registered nurse, licensed practical nurse, or medication technician certified by the Maryland Board of Nursing to administer medication to children in care; or</text> </paragraph> <paragraph num="(2)"> <text>Responsibility for administering medication to children in care is delegated to a center employee by a delegating nurse in accordance with COMAR 10.27.11.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Self-Administration of Medication.</text> <paragraph num="(1)"> <text>Before a child may self-administer medication while in care, the operator shall:</text> <paragraph num="(a)"> <text>Have a written order from the child's physician and the written request of the child's parent for the child's self-administration of medication;</text> </paragraph> <paragraph num="(b)"> <text>In consultation with the child's parent, establish a written procedure for self-administration of medication by the child based on the physician's written order; and</text> </paragraph> <paragraph num="(c)"> <text>Authorize the child to self-administer medication.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Revocation of Authorization to Self-Administer.</text> <paragraph num="(a)"> <text>An operator may revoke a child's authorization to self-administer medication if the child fails to follow the written procedure required by §H(1)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Immediately upon revoking the child's authorization to self-administer medication, the operator shall notify the child's parent of that revocation.</text> </paragraph> <paragraph num="(c)"> <text>The operator shall document the revocation of authorization to self-administer and the notification to the child's parent in the child's record.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Medical Cannabis.</text> <paragraph num="(1)"> <text>The administration of medical cannabis by a caregiver to a child who is a qualifying medical cannabis patient is governed by COMAR 10.62.01—10.62.37.</text> </paragraph> <paragraph num="(2)"> <text>The administration of medical cannabis that includes smoking or vaping is prohibited.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Alcohol, Tobacco, Cannabis, and Other Drugs."> <paragraph num="A."> <text>If a resident smokes or vapes any substance, including but not limited to tobacco or cannabis, the provider shall make this known in advance to parents who are considering placing their children in the facility’s care.</text> </paragraph> <paragraph num="B."> <text>A resident may not consume alcohol during the facility’s approved hours of operation.</text> </paragraph> <paragraph num="C."> <text>A provider and any other individual may not consume alcohol during the facility’s approved hours of operation.</text> </paragraph> <paragraph num="D."> <text>During the facility’s hours of operation, if an enrolled child is or will be on the premises, the provider or any other individual may not smoke or vape or permit smoking or vaping in any indoor or outdoor area approved for child care use.</text> </paragraph> <paragraph num="E."> <text>A provider and any other individual may not consume or be under the influence of alcohol, cannabis, or an illegal or nonprescribed controlled dangerous substance while:</text> <paragraph num="(1)"> <text>Present at the facility during the facility’s hours of operation; or</text> </paragraph> <paragraph num="(2)"> <text>Providing or assisting with the care of children during an off-site program activity or during transport.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The provider and any other individual shall ensure that all alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts are kept out of the reach of the children in care.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 619); June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); repealed permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="12" heading="Nutrition"> <regulation prefix="Regulation" num=".01" heading="Food Service."> <paragraph num="A."> <text>Food and Beverages.</text> <paragraph num="(1)"> <text>Food and beverages that are furnished by an operator for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.</text> </paragraph> <paragraph num="(2)"> <text>For children in care, unless provided by the child’s parent, the operator shall furnish:</text> <paragraph num="(a)"> <text>All beverages, including beverages for meals and snacks; and</text> </paragraph> <paragraph num="(b)"> <text>Milk with all meals.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as prescribed for a child by a health care provider, a beverage furnished by the operator may not contain an added sweetener or caffeine.</text> </paragraph> <paragraph num="(4)"> <text>Unless otherwise ordered by a health care provider or requested by the child’s parent, milk furnished to a child by the operator shall be 1% fat milk or nonfat milk.</text> </paragraph> <paragraph num="(5)"> <text>The operator may arrange with a child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the operator.</text> </paragraph> <paragraph num="(6)"> <text>The operator shall keep a supply of nutritious food on hand in order to provide food to a child whose parent has not supplied:</text> <paragraph num="(a)"> <text>Food for meals or snacks; or</text> </paragraph> <paragraph num="(b)"> <text>Sufficient food to meet the standards of the Child and Adult Care Food Program of the U.S. Department of Agriculture.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Hours of Operation. If a facility operates:</text> <paragraph num="(1)"> <text>4 or more consecutive hours a day, the operator shall furnish either:</text> <paragraph num="(a)"> <text>All meals and snacks; or</text> </paragraph> <paragraph num="(b)"> <text>Snacks; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Less than 4 consecutive hours a day, the operator shall either:</text> <paragraph num="(a)"> <text>Furnish food and beverages for meals or snacks, or both; or</text> </paragraph> <paragraph num="(b)"> <text>Make arrangements with the parent of a child to provide food and beverages for meals or snacks, or both.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>An operator shall serve meals and snacks at intervals of not more than 3 hours apart according to the following schedule:</text> </paragraph> <paragraph num="D."> <text>If an operator chooses not to provide meals, the operator shall make arrangements with the parent of each child to provide food for meals.</text> </paragraph> <paragraph num="E."> <text>Menus. An operator shall:</text> <paragraph num="(1)"> <text>Post in a conspicuous place a weekly planned menu of foods and beverages furnished by the facility for meals and snacks; and</text> </paragraph> <paragraph num="(2)"> <text>Keep a dated record of food actually served in the facility, and to each child on a modified diet, on file for at least 4 weeks, correcting the planned menu if necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Modified Diet."> <text>When an operator agrees to accept a child who requires a modified diet for:</text> <paragraph num="A."> <text>Medical reasons, the operator shall obtain from the child's parent a written prescription for the diet signed and dated by the child's licensed health practitioner within the previous 6 months; or</text> </paragraph> <paragraph num="B."> <text>Cultural or religious reasons, the operator shall obtain written, dated instructions for the diet signed by the child's parent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Food Sources."> <paragraph num="A."> <text>An operator shall furnish food at the facility only if it is wholesome and free from spoilage, filth, or other contamination and obtained from sources that comply with all laws relating to food, food processing, food handling, and food labeling.</text> </paragraph> <paragraph num="B."> <text>When an operator contracts to have food furnished from an outside source, such as a catering service, the operator shall ensure that the food:</text> <paragraph num="(1)"> <text>Has been prepared and processed in a licensed food service facility or in a licensed food processing plant; or</text> </paragraph> <paragraph num="(2)"> <text>Consists of a snack or party food which is not potentially hazardous and does not present a significant risk of transmitting food-borne disease.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An operator may not provide to the children home-canned goods or any other hermetically sealed food prepared in a place other than a licensed food processing establishment.</text> </paragraph> <paragraph num="D."> <text>An operator:</text> <paragraph num="(1)"> <text>Shall provide only fluid milk and fluid milk products that are:</text> <paragraph num="(a)"> <text>Pasteurized Grade A;</text> </paragraph> <paragraph num="(b)"> <text>Except as provided by §D(3) of this regulation, served from the original container; and</text> </paragraph> <paragraph num="(c)"> <text>Not more than 4 days older than the expiration date marked on the original container;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>May use dry milk, dry milk products, or reconstituted dry milk only for cooking purposes; and</text> </paragraph> <paragraph num="(3)"> <text>For meals and snacks, may serve milk family-style from a pitcher or similar container into which the milk has been poured from the original container.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Food Storage and Preparation."> <paragraph num="A."> <text>An operator shall:</text> <paragraph num="(1)"> <text>Protect all food from contamination while it is being stored, transported, or displayed; and</text> </paragraph> <paragraph num="(2)"> <text>Prepare and serve food in a safe, sanitary, and healthful manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>There shall be sufficient storage areas for all food brought from home and all food held in reserve for service by the operator.</text> </paragraph> <paragraph num="C."> <text>Food shall be stored:</text> <paragraph num="(1)"> <text>In an area that is dry, cool, well-ventilated, well-lighted, and equipped with easily cleanable shelving; and</text> </paragraph> <paragraph num="(2)"> <text>At least 6 inches off the floor, to facilitate cleaning.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In a small facility, the operator may store food:</text> <paragraph num="(1)"> <text>Separately from family food; or</text> </paragraph> <paragraph num="(2)"> <text>With family food if the operator chooses to have the entire family food storage area inspected.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When food is transferred for storage from its original container, the operator shall provide a secondary storage container that is:</text> <paragraph num="(1)"> <text>Easily cleanable;</text> </paragraph> <paragraph num="(2)"> <text>Nontoxic;</text> </paragraph> <paragraph num="(3)"> <text>Nonabsorbent;</text> </paragraph> <paragraph num="(4)"> <text>Tightly closed; and</text> </paragraph> <paragraph num="(5)"> <text>Clearly labeled as to its contents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An operator:</text> <paragraph num="(1)"> <text>May not store food below overhead waste lines;</text> </paragraph> <paragraph num="(2)"> <text>Shall maintain cooked, potentially hazardous hot food at or above a temperature of 140°F;</text> </paragraph> <paragraph num="(3)"> <text>Shall refrigerate potentially hazardous food at or below a temperature of 40°F;</text> </paragraph> <paragraph num="(4)"> <text>Shall keep frozen food at or below 0°F; and</text> </paragraph> <paragraph num="(5)"> <text>Shall restrict the movement of pets and other animals so that food and food contact surfaces are not contaminated.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Single service items such as paper and plastic cups, containers, lids, plates, knives, forks, spoons, and placemats shall be:</text> <paragraph num="(1)"> <text>Used only once; and</text> </paragraph> <paragraph num="(2)"> <text>Stored, handled, and dispensed to protect them from contamination.</text> </paragraph> </paragraph> <paragraph num="H."> <text>During an activity in which the children prepare food, the activity shall be planned and carried out in a manner consistent with the safety and health practices required in this subtitle.</text> </paragraph> <paragraph num="I."> <text>An operator shall discard:</text> <paragraph num="(1)"> <text>All spoiled fruits, vegetables, or other food;</text> </paragraph> <paragraph num="(2)"> <text>Refrozen food;</text> </paragraph> <paragraph num="(3)"> <text>Potentially hazardous frozen food that has been thawed and not immediately cooked and served;</text> </paragraph> <paragraph num="(4)"> <text>Swelled, rusty, or leaky canned foods;</text> </paragraph> <paragraph num="(5)"> <text>Foods exposed to fire, smoke, or water damage;</text> </paragraph> <paragraph num="(6)"> <text>After a child finishes eating, any remaining food that has come into contact with:</text> <paragraph num="(a)"> <text>The child's mouth; or</text> </paragraph> <paragraph num="(b)"> <text>An eating utensil that has been used by the child; and</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>After being left out for consumption by children during a meal or snack, any milk remaining in an opened original container, a pitcher or similar container, or a drinking vessel.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The operator shall send home or discard at the end of each day all opened containers of food brought from home for a child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Food Preparation Area and Equipment."> <paragraph num="A."> <text>Appliances and equipment in the food preparation area shall be:</text> <paragraph num="(1)"> <text>Cleaned and sanitized;</text> </paragraph> <paragraph num="(2)"> <text>In good repair;</text> </paragraph> <paragraph num="(3)"> <text>Capable of normal operation; and</text> </paragraph> <paragraph num="(4)"> <text>Not conducive to the harboring of insects and rodents.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Food contact surfaces shall be nontoxic, smooth, in good repair, and free of breaks, open seams, cracks, pits, and similar imperfections.</text> </paragraph> <paragraph num="C."> <text>Refrigeration shall be:</text> <paragraph num="(1)"> <text>Of sufficient capacity to store all food and beverages that require refrigeration;</text> </paragraph> <paragraph num="(2)"> <text>Operated at or below 40°F; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with an indicating thermometer graduated at 2°F intervals.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Frozen food units shall be operated at or below 0°F and shall be equipped with an indicating thermometer.</text> </paragraph> <paragraph num="E."> <text>Facilities operating more than 4 consecutive hours shall provide refrigeration.</text> </paragraph> <paragraph num="F."> <text>Except in a small facility or when only snacks are provided by the operator, a separate handwashing sink which is equipped with soap and paper towels shall be provided in or adjacent to each food preparation area. Food preparation and utensil washing sinks may not be used for handwashing.</text> </paragraph> <paragraph num="G."> <text>A cooking exhaust hood shall be provided when routine cleaning does not eliminate condensation or greasy film.</text> </paragraph> <paragraph num="H."> <text>Utensils and equipment used for the preparation and service of food and beverages shall be cleaned, sanitized, air dried, and stored in a manner approved by the office.</text> </paragraph> <paragraph num="I."> <text>Floors and walls in a food preparation area shall be easily cleanable and maintained in a clean condition.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 20, 2015 (42:14 Md. R. 883)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="13" heading="Adolescent Facilities"> <regulation prefix="Regulation" num=".01" heading="Requirements for Approval."> <text>An applicant for a child care program offering care to children attending a middle school shall:</text> <paragraph num="A."> <text>Meet the requirements of this subtitle; or</text> </paragraph> <paragraph num="B."> <text>Do both of the following:</text> <paragraph num="(1)"> <text>Submit to and receive prior approval from the office of a written plan of operation for the program that meets the intent of the requirements of this subtitle; and</text> </paragraph> <paragraph num="(2)"> <text>Operate according to the approved plan.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Plan of Operation."> <text>A plan of operation submitted pursuant to Regulation .01 of this chapter shall include:</text> <paragraph num="A."> <text>A definition of the population to be served and the criteria for admission;</text> </paragraph> <paragraph num="B."> <text>Staffing information and a staffing pattern for the program;</text> </paragraph> <paragraph num="C."> <text>The space, materials, equipment, and furnishings to be used;</text> </paragraph> <paragraph num="D."> <text>The days and hours of operation;</text> </paragraph> <paragraph num="E."> <text>Locations other than the facility which will be used for activities;</text> </paragraph> <paragraph num="F."> <text>Activities to be held at locations other than the facility;</text> </paragraph> <paragraph num="G."> <text>A method of accounting for children's whereabouts;</text> </paragraph> <paragraph num="H."> <text>A method for assuring parental approval for activities held at locations other than the facility;</text> </paragraph> <paragraph num="I."> <text>A method for having a consistent staff member available to each child;</text> </paragraph> <paragraph num="J."> <text>A transportation plan if necessary; and</text> </paragraph> <paragraph num="K."> <text>A nutritional plan as required.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> <chapter num="14" heading="Educational Programs in Nonpublic Nursery Schools"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>Purpose. This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school.</text> </paragraph> <paragraph num="B."> <text>Scope. This chapter does not apply to an educational program in a nonpublic nursery school operated by:</text> <paragraph num="(1)"> <text>The federal government or any State, county, or municipal agency or division of these; or</text> </paragraph> <paragraph num="(2)"> <text>A bona fide church organization that is exempt from holding a certificate of approval by the State Board under Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Certificate of approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Child care center license” means the document issued by the Department pursuant to COMAR 13A.16 that authorizes the recipient to operate a child care center.</text> </paragraph> <paragraph num="(3)"> <text>“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Department representative” means an individual designated by the Department to determine compliance with this chapter.</text> </paragraph> <paragraph num="(6)"> <text>“Educational program” means an organized program of instruction that:</text> <paragraph num="(a)"> <text>Is provided by a teacher; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.</text> </paragraph> <paragraph num="(8)"> <text>“Letter of compliance” means a document issued by the Department pursuant to this subtitle that authorizes the recipient to operate a letter of compliance facility.</text> </paragraph> <paragraph num="(9)"> <text>“Montessori program” means an educational program based on the pedagogical philosophy of Dr. Maria Montessori, as reflected in the program's teacher qualifications, curriculum, instructional methods, and materials and equipment.</text> </paragraph> <paragraph num="(10)"> <text>“Nursery school” means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.</text> </paragraph> <paragraph num="(11)"> <text>“Office” means the central office or a regional office of the Department's Division of Early Childhood Development, Office of Child Care.</text> </paragraph> <paragraph num="(12)"> <text>“Operator” means:</text> <paragraph num="(a)"> <text>The nonpublic entity registered as active with the State Department of Assessments and Taxation that is responsible for governing and operating a school;</text> </paragraph> <paragraph num="(b)"> <text>The individual or entity to which a child care center license or a letter of compliance has been issued by the Department; or</text> </paragraph> <paragraph num="(c)"> <text>A bona fide church organization that is approved by the State Board to operate an educational program.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(14)"> <text>“Teacher” means an individual who:</text> <paragraph num="(a)"> <text>Provides instruction to children enrolled in an educational program; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .06B of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Approval to Operate an Educational Program — General Requirements."> <paragraph num="A."> <text>An individual or entity may operate an educational program in a nonpublic nursery school only if the individual or entity holds a valid child care license or letter of compliance issued by the Department.</text> </paragraph> <paragraph num="B."> <text>A bona fide church organization may be approved to operate an educational program without holding a child care center license or a letter of compliance if child care is not a component of the program.</text> </paragraph> <paragraph num="C."> <text>The operator of a licensed small center may not be approved to operate an educational program if:</text> <paragraph num="(1)"> <text>The small center is located in a private residence; and</text> </paragraph> <paragraph num="(2)"> <text>The program would be operated in the living space of the residence.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unless an operator chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:</text> <paragraph num="(1)"> <text>Operator's child care center license or letter of compliance, as applicable and if required, remains in effect;</text> </paragraph> <paragraph num="(2)"> <text>Educational program is operated according to the terms under which approval to operate was granted; and</text> </paragraph> <paragraph num="(3)"> <text>Operator remains in full compliance with all applicable requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school's approval is suspended or revoked, or the child care center license or letter of compliance, as applicable, is suspended or revoked and the operator:</text> <paragraph num="(1)"> <text>Does not appeal the suspension or revocation action; or</text> </paragraph> <paragraph num="(2)"> <text>Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An operator that has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate the educational program.</text> </paragraph> <paragraph num="G."> <text>Any educational program that is solely educational that is approved prior to the effective date of this regulation shall continue to operate under its current certificate of approval in accordance with this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval to Operate an Educational Program — Specific Requirements."> <paragraph num="A."> <text>Application for Approval.</text> <paragraph num="(1)"> <text>Application for approval shall be made in a manner and form and according to timelines established by the office.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>An operator approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the operator is currently approved is not in full compliance with all applicable requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When the office is satisfied that the requirements of this chapter have been met, the office shall issue to the applicant a child care center license, letter of compliance, or other approval document, as applicable, that certifies approval to operate an educational program.</text> </paragraph> <paragraph num="C."> <text>The child care center license, letter of compliance, or other approval document, as applicable, shall specify the terms under which approval to operate an educational program has been granted, including the:</text> <paragraph num="(1)"> <text>Hours, days, and months of approved operation; and</text> </paragraph> <paragraph num="(2)"> <text>Ages of children who may be enrolled in the program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the operator intends to change the terms under which approval has been granted, the operator shall:</text> <paragraph num="(1)"> <text>Notify the office in writing at least 60 days before the occurrence of any change or changes; and</text> </paragraph> <paragraph num="(2)"> <text>Furnish any information the office considers necessary to approve the change or changes planned by the operator.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An operator may not seek approval of a change in the terms of the approval under any one or combination of the following circumstances:</text> <paragraph num="(1)"> <text>The educational program demonstrates an area or areas of noncompliance;</text> </paragraph> <paragraph num="(2)"> <text>The office has received and is investigating a complaint alleging that the educational program is in violation of one or more regulations under this chapter;</text> </paragraph> <paragraph num="(3)"> <text>The office is implementing a sanction or an enforcement action against the child care center license, the letter of compliance, or other approval document, as applicable, pursuant to COMAR 13A.16 or COMAR 13A.17; or</text> </paragraph> <paragraph num="(4)"> <text>A deficiency hearing is pending before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Notwithstanding the requirement established in §E of this regulation, an operator may seek approval of a change in the terms of the approval if approval of the change is the means for the operator to demonstrate compliance with this chapter.</text> </paragraph> <paragraph num="G."> <text>An operator may not implement a change in the terms of approval until the office has issued a revised child care center license, letter of compliance, or other approval document, as applicable, that reflects the change.</text> </paragraph> <paragraph num="H."> <text>An operator shall inform the office in writing at least 30 days before the operator ceases operating an educational program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Compliance and Inspections."> <paragraph num="A."> <text>Continued approval to operate an educational program is conditioned on the operator's maintaining compliance with this chapter.</text> </paragraph> <paragraph num="B."> <text>To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the operator, at any time during the approved hours of operation of the program.</text> </paragraph> <paragraph num="C."> <text>During an inspection, the operator shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.</text> </paragraph> <paragraph num="D."> <text>Following each inspection of the educational program, the office shall provide the operator with a written report of all findings of the inspection.</text> </paragraph> <paragraph num="E."> <text>If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the operator in writing of the:</text> <paragraph num="(1)"> <text>Regulation or regulations with which the program does not demonstrate compliance;</text> </paragraph> <paragraph num="(2)"> <text>Fact or facts that demonstrate the program's noncompliance with each regulation;</text> </paragraph> <paragraph num="(3)"> <text>Action or actions the operator is required to take to demonstrate compliance with each regulation; and</text> </paragraph> <paragraph num="(4)"> <text>Date by which the program is required to demonstrate compliance with each regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Sanctions.</text> <paragraph num="(1)"> <text>Failure to maintain compliance with applicable requirements of this chapter may result in a sanction by the office, including restriction, suspension, or revocation of the approval to operate the educational program.</text> </paragraph> <paragraph num="(2)"> <text>Sanctions may be severable against an educational program located in a licensed child care center or a letter of compliance facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Personnel Qualifications."> <paragraph num="A."> <text>Educational Program Administrator.</text> <paragraph num="(1)"> <text>The operator shall have an educational program administrator who is responsible for the day-to-day administration of the educational program.</text> </paragraph> <paragraph num="(2)"> <text>An individual hired as the educational program administrator at a minimum shall meet the standards established in §B(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The operator shall have a written position description that states the duties and responsibilities of the educational program administrator.</text> </paragraph> <paragraph num="(4)"> <text>The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Teachers.</text> <paragraph num="(1)"> <text>An educational program shall have a teacher to implement the educational program in each class.</text> </paragraph> <paragraph num="(2)"> <text>A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of §B(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A teacher who provides instruction in language and literacy development, mathematical and scientific thinking, or social studies shall hold or have completed:</text> <paragraph num="(a)"> <text>A bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>A foreign credential that is determined by the Department to be equivalent to a bachelor's degree from an IHE.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In addition to meeting the requirements of §B(3) of this regulation, a teacher employed in a Montessori program shall also hold a Montessori diploma for the level of the individual's assignment.</text> </paragraph> <paragraph num="(5)"> <text>If the degree, college credit, or foreign credential required at §B(3) of this regulation does not include at least 6 semester hours of approved early childhood coursework, the teacher shall, in addition:</text> <paragraph num="(a)"> <text>Hold or have completed:</text> <paragraph num="(i)"> <text>The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or</text> </paragraph> <paragraph num="(ii)"> <text>6 semester hours, 90 clock hours or their equivalent of approved pre-service training; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Be certified by the Department as a teacher for early childhood in nursery through third grade.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An individual approved as a teacher by the Department before July 1, 2010, shall remain qualified for that position as long as the individual is continuously employed as a teacher.</text> </paragraph> <paragraph num="(7)"> <text>Effective July 1, 2010, a teacher in an educational program shall complete at least 12 clock hours of approved continued training per full year of employment, measured from date of hire, in that position.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual who provides assistance to a teacher in a class is not required to meet the requirements of §B(3) or (7) of this regulation.</text> </paragraph> <paragraph num="D."> <text>Written Statement of Teacher Qualifications. An operator shall:</text> <paragraph num="(1)"> <text>Maintain a written statement of the qualifications of each teacher who implements the educational program; and</text> </paragraph> <paragraph num="(2)"> <text>On request by a parent or legal guardian of a child enrolled, or being considered for enrollment, in the educational program, give to the parent or legal guardian a written statement of the qualifications of each teacher who implements the educational program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Educational Program."> <paragraph num="A."> <text>Program. The operator shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school's educational program for the development of skills for each approved nursery school age in the following areas:</text> <paragraph num="(1)"> <text>Personal and social development;</text> </paragraph> <paragraph num="(2)"> <text>Language and literacy development;</text> </paragraph> <paragraph num="(3)"> <text>Mathematical and scientific thinking;</text> </paragraph> <paragraph num="(4)"> <text>Social studies;</text> </paragraph> <paragraph num="(5)"> <text>The arts; and</text> </paragraph> <paragraph num="(6)"> <text>Physical development and health.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instructional Materials and Equipment. The operator shall own and maintain the nonpublic nursery school instructional materials and equipment required to implement the written curriculum of the educational program specified in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Child Records."> <paragraph num="A."> <text>The operator of an educational program in a nonpublic nursery school shall maintain a cumulative record for each child enrolled in the educational program.</text> </paragraph> <paragraph num="B."> <text>Each child's record shall include the:</text> <paragraph num="(1)"> <text>Nonpublic nursery school's name;</text> </paragraph> <paragraph num="(2)"> <text>Nonpublic nursery school's address;</text> </paragraph> <paragraph num="(3)"> <text>Nonpublic nursery school's telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Child's first, middle, and last names;</text> </paragraph> <paragraph num="(5)"> <text>Child's month, day, and year of birth;</text> </paragraph> <paragraph num="(6)"> <text>Child's home address;</text> </paragraph> <paragraph num="(7)"> <text>Month, day, and year the child initially entered the educational program;</text> </paragraph> <paragraph num="(8)"> <text>Age on enrollment in the educational program;</text> </paragraph> <paragraph num="(9)"> <text>Month, day, and year the child withdrew from the educational program, if applicable;</text> </paragraph> <paragraph num="(10)"> <text>Child's performance information in each curricular area;</text> </paragraph> <paragraph num="(11)"> <text>Code for the meaning of performance information; and</text> </paragraph> <paragraph num="(12)"> <text>Number of days the child attended in each school year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In a licensed child care center or a letter of compliance facility, the requirements of §B(1)—(8) of this regulation are met by compliance with child record requirements set forth at COMAR 13A.16 or COMAR 13A.17, as applicable.</text> </paragraph> <paragraph num="D."> <text>Age of Admission.</text> <paragraph num="(1)"> <text>Except as provided by §D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a nonpublic nursery school program approved under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A nonpublic nursery school may adopt policies and procedures permitting, on request by a child's parent or guardian, and if a nonpublic nursery school determines that a child demonstrates capabilities warranting early admission, a:</text> <paragraph num="(a)"> <text>2 year old child to be admitted to a 3 year old nursery school program; or</text> </paragraph> <paragraph num="(b)"> <text>3 year old child to be admitted to a 4 year old nursery school program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Health, Fire Safety, and Zoning."> <paragraph num="A."> <text>An operator shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.</text> </paragraph> <paragraph num="B."> <text>In a licensed child care center or a letter of compliance facility, the requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under COMAR 13A.16 or COMAR 13A.17, as applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Procedures and Sanctions for Noncompliance — Educational Programs."> <text>If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 23, 2007 (34:8 Md. R. 768)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective July 28, 2008 (35:15 Md. R. 1350)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13A.14.13 to COMAR 13A.17.14 effective October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 619); January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> </annotations> </chapter> <chapter num="15" heading="Inspections, Complaints, and Enforcement"> <regulation prefix="Regulation" num=".01" heading="Complaints."> <text>The office shall investigate:</text> <paragraph num="A."> <text>Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and</text> </paragraph> <paragraph num="B."> <text>Complaints of providing child care or advertising child care services without a valid letter of compliance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Inspections."> <paragraph num="A."> <text>An operator shall permit inspection by the agency representative of all areas of the facility regulated by this subtitle during the nursery school's or child care program's hours of operation without prior notice to the operator.</text> </paragraph> <paragraph num="B."> <text>An operator may request satisfactory identification from the agency representative before admitting the representative for an inspection.</text> </paragraph> <paragraph num="C."> <text>During an inspection, and upon request, an operator shall make the records required by this subtitle available to the agency representative for inspection and copying.</text> </paragraph> <paragraph num="D."> <text>An agency representative shall inspect each facility:</text> <paragraph num="(1)"> <text>On an announced basis before the office issues an initial letter of compliance or a continuing letter of compliance; and</text> </paragraph> <paragraph num="(2)"> <text>On an unannounced basis, at least once:</text> <paragraph num="(a)"> <text>Within each 12-month period after the date that an initial letter of compliance or a continuing letter of compliance was issued; or</text> </paragraph> <paragraph num="(b)"> <text>If the facility is currently operating on a renewed letter of compliance, during the 12-month period following the calendar year in which the renewed letter was issued.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An operator may contest a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Warnings."> <text>If an investigation of a complaint or an inspection of a facility indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:</text> <paragraph num="A."> <text>The violation found, citing the regulation;</text> </paragraph> <paragraph num="B."> <text>The time period for correcting the violation; and</text> </paragraph> <paragraph num="C."> <text>That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the letter of compliance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Intermediate Sanctions."> <paragraph num="A."> <text>Upon a determination that an operator has violated the regulations of this subtitle, placing the health, safety, or welfare of children in care at risk, the office may:</text> <paragraph num="(1)"> <text>Restrict the ages or number of new children enrolled;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Require the operator or facility staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(4)"> <text>Increase the frequency of monitoring of the facility during a specified period of time;</text> </paragraph> <paragraph num="(5)"> <text>Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(6)"> <text>Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office determines that an operator has violated a condition or requirement of a sanction, the office may suspend or revoke the letter of compliance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Emergency Intermediate Sanctions."> <paragraph num="A."> <text>Upon determining that an operator has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:</text> <paragraph num="(1)"> <text>Restrict the ages of children in care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Limit the spaces, rooms, or areas that may be used for child care;</text> </paragraph> <paragraph num="(4)"> <text>Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.17.02.01C from being alone with a child or group of children pending an open child protective services or criminal investigation;</text> </paragraph> <paragraph num="(5)"> <text>Require the operator or facility staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(6)"> <text>Increase the frequency of monitoring of the facility during a specified period of time;</text> </paragraph> <paragraph num="(7)"> <text>Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(8)"> <text>Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office shall hand deliver written notice of the emergency intermediate sanction to the operator stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the sanction;</text> </paragraph> <paragraph num="(2)"> <text>That the operator shall immediately implement the sanction;</text> </paragraph> <paragraph num="(3)"> <text>That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator's request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the sanction is upheld, implementation of the sanction at the facility shall continue until it is determined that the health, safety, or welfare of children in the facility is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the sanction may lead to suspension or revocation of the operator’s license, if the Office determines that an operator has violated a condition or requirement of the sanction; and</text> </paragraph> <paragraph num="(7)"> <text>That the operator may continue to provide child care, except as limited by the sanction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the operator’s address on file.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Suspension."> <paragraph num="A."> <text>The office may suspend a letter of compliance for a period of not more than 60 calendar days:</text> <paragraph num="(1)"> <text>Upon determining that the:</text> <paragraph num="(a)"> <text>Regulations in this subtitle have been violated; and</text> </paragraph> <paragraph num="(b)"> <text>Health, safety, or welfare of children in the facility is threatened; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the letter of compliance is a continuing letter of compliance that was replaced by a conditional letter of compliance, and the:</text> <paragraph num="(a)"> <text>Conditional letter of compliance has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Operator has failed to meet the requirements for reinstatement of the continuing letter of compliance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The office shall notify the operator in writing of the suspension by certified mail 20 calendar days in advance, and the notice shall specify:</text> <paragraph num="(1)"> <text>The effective date and period of the suspension;</text> </paragraph> <paragraph num="(2)"> <text>The reason for suspension;</text> </paragraph> <paragraph num="(3)"> <text>The regulatory violation which is the basis for the suspension;</text> </paragraph> <paragraph num="(4)"> <text>That the operator shall stop providing child care on the effective date of the suspension unless the operator requests a hearing in writing within 20 days of the date of the suspension notice;</text> </paragraph> <paragraph num="(5)"> <text>That the operator may request a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the suspension shall be stayed if a hearing is requested within 20 days of the date of the suspension notice;</text> </paragraph> <paragraph num="(7)"> <text>That, if the suspension is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care until the office determines that the health, safety, or welfare of a child in the facility no longer is threatened;</text> </paragraph> <paragraph num="(8)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(9)"> <text>That the operator is required to surrender the letter of compliance to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the suspension.</text> </paragraph> <paragraph num="D."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the letter of compliance and return it to the operator; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the letter of compliance.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emergency Suspension."> <paragraph num="A."> <text>The office may suspend a letter of compliance on an emergency basis when it is determined that this action is required to protect the health, safety, or welfare of a child in the facility.</text> </paragraph> <paragraph num="B."> <text>The office shall hand deliver written notice of the emergency suspension to the operator stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the suspension;</text> </paragraph> <paragraph num="(2)"> <text>That the operator shall immediately stop providing child care;</text> </paragraph> <paragraph num="(3)"> <text>That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator’s request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the emergency suspension within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the emergency suspension order is upheld, stoppage of child care at the center shall continue until it is determined that the health, safety, or welfare of a child in the facility is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(7)"> <text>That the operator is required to surrender the letter of compliance to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail to the operator’s address.</text> </paragraph> <paragraph num="D."> <text>The office shall notify the parents of the children in care of the emergency suspension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Revocation."> <paragraph num="A."> <text>The office may revoke a letter of compliance if:</text> <paragraph num="(1)"> <text>The operator or facility is in violation of this subtitle and the health, safety, or welfare of children in the facility is threatened;</text> </paragraph> <paragraph num="(2)"> <text>The operator misrepresented or offered false information on the application or on any form or report required by the office;</text> </paragraph> <paragraph num="(3)"> <text>The operator interferes with the agency representative in the performance of the duties of the office;</text> </paragraph> <paragraph num="(4)"> <text>The operator fails to comply with the:</text> <paragraph num="(a)"> <text>Prohibitions on the use of an individual as an employee, substitute, or volunteer as set forth, respectively, in COMAR 13A.17.06.03A and B and COMAR 13A.17.06.07B; or</text> </paragraph> <paragraph num="(b)"> <text>Child security requirements set forth in COMAR 13A.17.07.06;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The terms or conditions of an intermediate sanction have been violated;</text> </paragraph> <paragraph num="(6)"> <text>Violations required to be corrected during a period of suspension have not been corrected and the period has ended;</text> </paragraph> <paragraph num="(7)"> <text>The letter of compliance is a continuing letter of compliance that was replaced by a conditional letter of compliance, and the:</text> <paragraph num="(a)"> <text>Conditional letter of compliance has lapsed; and</text> </paragraph> <paragraph num="(b)"> <text>Operator has failed to meet the requirements for reinstatement of the continuing letter of compliance; or</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The evaluation of information provided to or acquired by the office indicates that the operator is unable to care for the welfare of children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office decides to revoke a letter of compliance, the office shall notify the operator in writing 20 calendar days before the effective date of the revocation, stating:</text> <paragraph num="(1)"> <text>The effective date of the revocation;</text> </paragraph> <paragraph num="(2)"> <text>The reason for revocation;</text> </paragraph> <paragraph num="(3)"> <text>The regulatory violation which is the basis for the revocation;</text> </paragraph> <paragraph num="(4)"> <text>That the operator shall stop providing child care unless a hearing is requested in writing within 20 days of the date of the revocation notice;</text> </paragraph> <paragraph num="(5)"> <text>That the operator may request a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the revocation shall be stayed if a hearing is requested within 20 days of the date of the revocation notice;</text> </paragraph> <paragraph num="(7)"> <text>That, if the revocation is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care; and</text> </paragraph> <paragraph num="(8)"> <text>That the operator is required to surrender the letter of compliance to the office when the revocation becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the revocation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Penalties."> <paragraph num="A."> <text>Criminal Penalty. A person that maintains and operates a nursery school or a child care program without a license or a letter of compliance, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:</text> <paragraph num="(1)"> <text>$1,500 for the first violation; and</text> </paragraph> <paragraph num="(2)"> <text>$2,500 for a second or subsequent violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Civil Penalty.</text> <paragraph num="(1)"> <text>A person who maintains and operates a nursery school or child care program or advertises a child care program without a letter of compliance, or who violates any regulation in this subtitle, is subject to a civil penalty imposed in a civil action of not more than $1,000 for each violation, and each day a violation occurs or the facility operates illegally is considered a separate violation.</text> </paragraph> <paragraph num="(2)"> <text>The total amount of the civil penalties imposed in a civil action under this section may not exceed $5,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="D."> <text>Appeals.</text> <paragraph num="(1)"> <text>An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="(2)"> <text>Appeals are conducted in accordance with the provisions of COMAR 13A.17.16.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202, Annotated Code of Maryland Agency Note: Federal Statutory Reference – Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)</annotation> </annotations> </chapter> <chapter num="16" heading="Administrative Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care center licenses and letters of compliance. These actions include denials, suspensions, and revocations of licenses or letters of compliance, as well as reductions in capacity, limitations on the ages or numbers of children who may be admitted to the child care center, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations the imposition of civil penalties for providing or advertising child care services without a valid letter of compliance, and employment exclusions pursuant to COMAR 13A.17.06.03 A or B.</text> </paragraph> <paragraph num="B."> <text>The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on the actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a child care center case is the final decision of the highest administrative authority in the case, and thus is directly appealable to the circuit court in the jurisdiction where the child care center is located pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.</text> </paragraph> <paragraph num="(2)"> <text>“Appellant” means the individual requesting the hearing or appealing a decision, or that individual's legal representative.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an individual applying for a license or letter of compliance to operate a child care center.</text> </paragraph> <paragraph num="(4)"> <text>“Capacity” means the number of day care children who may be present at a child care center at the same time.</text> </paragraph> <paragraph num="(5)"> <text>“Days” means calendar days.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>Emergency Action.</text> <paragraph num="(a)"> <text>“Emergency action” means an action which is effective immediately because of danger to children's health or safety.</text> </paragraph> <paragraph num="(b)"> <text>“Emergency action” may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, and an employment exclusion pursuant to COMAR 13A.17.06.03A or B.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Filed” is received in writing by the Office of Child Care.</text> </paragraph> <paragraph num="(9)"> <text>“Filing date” is the date a hearing request is received by the Office of Child Care.</text> </paragraph> <paragraph num="(10)"> <text>“Letter of compliance” means a letter issued by the Department to a religious organization which meets the requirements of Education Article, §9.5-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“License” means a document issued to a person by the Department which gives permission to operate a child care center in accordance with State regulations.</text> </paragraph> <paragraph num="(12)"> <text>“Licensee” means an individual or a partnership group, association, cooperative, or corporation which has the legal authority and responsibility for the governing and operating of a child care center and which has been issued a license by the Department.</text> </paragraph> <paragraph num="(13)"> <text>“Office” means the central office or a regional office of the Office of Child Care.</text> </paragraph> <paragraph num="(14)"> <text>“Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Party” means the appellant and the Office of Child Care.</text> </paragraph> <paragraph num="(16)"> <text>“Superintendent” means the State Superintendent of Schools.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Hearing Requests."> <paragraph num="A."> <text>A hearing shall be held when:</text> <paragraph num="(1)"> <text>An applicant or holder of a letter of compliance requests a hearing to contest:</text> <paragraph num="(a)"> <text>The denial of an application for a letter of compliance;</text> </paragraph> <paragraph num="(b)"> <text>A revocation or suspension of a letter of compliance; or</text> </paragraph> <paragraph num="(c)"> <text>Any other action that adversely impacts the holder of the letter of compliance, including, but not limited to:</text> <paragraph num="(i)"> <text>The setting of capacity at a number below that requested;</text> </paragraph> <paragraph num="(ii)"> <text>A reduction in capacity; or</text> </paragraph> <paragraph num="(iii)"> <text>A limitation on the ages or numbers of children who may be admitted to the child care center.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual requests a hearing to contest the imposition of civil penalties for providing child care or advertising child care services without a valid letter of compliance; or</text> </paragraph> <paragraph num="(3)"> <text>An individual requests a hearing to contest the prohibition of employment at a facility holding a letter of compliance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Non-emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All non-emergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the holder of the letter of compliance or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.</text> </paragraph> <paragraph num="(3)"> <text>The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.</text> </paragraph> <paragraph num="(4)"> <text>A hearing decision shall be rendered within 90 days of the filing date.</text> </paragraph> <paragraph num="(5)"> <text>Any non-emergency action is stayed if a hearing request is timely filed, unless the action is:</text> <paragraph num="(a)"> <text>A revocation that immediately follows an emergency suspension period; or</text> </paragraph> <paragraph num="(b)"> <text>A denial which follows the expiration of the provisional period of a letter of compliance that was issued on a provisional basis.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All emergency action hearing requests shall be filed with the Office within 30 days of the hand delivery of the notice of the Office's action, and shall state the name and address of the licensee or holder of the letter of compliance, and the effective date and action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.</text> </paragraph> <paragraph num="(3)"> <text>A hearing request shall not stay an emergency action.</text> </paragraph> <paragraph num="(4)"> <text>A hearing shall be conducted within 7 days of the filing date of the hearing request.</text> </paragraph> <paragraph num="(5)"> <text>A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Preliminary Conference."> <paragraph num="A."> <text>A preliminary conference may be held before a hearing on an action if an appellant requests the conference.</text> </paragraph> <paragraph num="B."> <text>The conference is optional and does not replace the hearing process.</text> </paragraph> <paragraph num="C."> <text>The conference may be attended by a representative of the Office and the appellant.</text> </paragraph> <paragraph num="D."> <text>The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial or Dismissal of a Hearing Request."> <paragraph num="A."> <text>The Office of Administrative Hearings may deny a request for a hearing if:</text> <paragraph num="(1)"> <text>The issue appealed is not one which adversely affects the holder of the letter of compliance; or</text> </paragraph> <paragraph num="(2)"> <text>The date of the request is not within the required time limits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office of Administrative Hearings may dismiss an appeal if the appellant:</text> <paragraph num="(1)"> <text>Withdraws the request in writing; or</text> </paragraph> <paragraph num="(2)"> <text>Without good cause, does not appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Hearing and Appeal Procedures."> <paragraph num="A."> <text>Notice to Appellant.</text> <paragraph num="(1)"> <text>For non-emergency action hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency action hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.</text> </paragraph> <paragraph num="(2)"> <text>The notice to the appellant shall:</text> <paragraph num="(a)"> <text>Refer to the regulations governing the hearing procedure; and</text> </paragraph> <paragraph num="(b)"> <text>Advise the appellant of:</text> <paragraph num="(i)"> <text>The right to be represented by a lawyer;</text> </paragraph> <paragraph num="(ii)"> <text>The right to present documents and witnesses in support of the appeal;</text> </paragraph> <paragraph num="(iii)"> <text>Whom to call if the appellant cannot attend the hearing; and</text> </paragraph> <paragraph num="(iv)"> <text>The fact that failure to attend the hearing without good cause may lead to dismissal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rescheduling of Non-emergency Action Hearings. The appellant, the Office, or the Office of Administrative Hearings may request a change in the hearing date. If the Office of Administrative Hearings finds that good cause for delay exists, another date shall be set. The time limit for rendering a decision established by Regulation .03B(4) is extended by the period of delay due to a postponement requested by the appellant.</text> </paragraph> <paragraph num="C."> <text>Rescheduling of Emergency Action Hearings. Emergency action hearings may only be rescheduled by the Office of Administrative Hearings with the consent of both parties or on motion of a party, if substantial prejudice is demonstrated. Only one postponement of an emergency action hearing may be granted.</text> </paragraph> <paragraph num="D."> <text>The appellant may examine the appellant's licensing record for the purpose of discovering information pertinent to the appeal before the hearing.</text> </paragraph> <paragraph num="E."> <text>By agreement, the appellant and the Office may exchange witness lists and documents before the hearing.</text> </paragraph> <paragraph num="F."> <text>The procedures in §§D and E of this regulation do not constitute good cause for delay of a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conduct of Hearing."> <paragraph num="A."> <text>The hearing shall be conducted by an administrative law judge.</text> </paragraph> <paragraph num="B."> <text>At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.</text> </paragraph> <paragraph num="C."> <text>The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Decision."> <paragraph num="A."> <text>The administrative law judge shall:</text> <paragraph num="(1)"> <text>Base the decision on the complete record; and</text> </paragraph> <paragraph num="(2)"> <text>Determine whether the Office correctly applied State regulations in effect at the time the Office reached the Office's decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.</text> </paragraph> <paragraph num="C."> <text>The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.</text> </paragraph> <paragraph num="D."> <text>The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.</text> </paragraph> <paragraph num="E."> <text>A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.</text> </paragraph> <paragraph num="F."> <text>A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the Circuit Court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201—7-211.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202, Annotated Code of Maryland Agency Note: Federal Statutory Reference – Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589); emergency status expired August 20, 1991</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted effective September 2, 1991 (18:17 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 07.04.04 to 13A.14.04 effective January 1, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13A.14.04 to COMAR 13A.17.16 effective October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 16); December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 16); December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 619)</annotation> </annotations> </chapter> <chapter num="17" heading="Public Access to Licensing Records"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <text>In this chapter, the following terms have the meanings indicated:</text> <paragraph num="A."> <text>“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle which was alleged in the complaint has occurred or is occurring.</text> </paragraph> <paragraph num="B."> <text>“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.</text> </paragraph> <paragraph num="C."> <text>“Licensing records” means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with issuance of a letter of compliance under this subtitle.</text> </paragraph> <paragraph num="D."> <text>“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of licensing records.</text> </paragraph> <paragraph num="E."> <text>“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency which requests inspection of, or information from, licensing records.</text> </paragraph> <paragraph num="F."> <text>“Sociological information” means any of the following information about a licensee or employee of a licensee:</text> <paragraph num="(1)"> <text>Social Security number;</text> </paragraph> <paragraph num="(2)"> <text>Personal address;</text> </paragraph> <paragraph num="(3)"> <text>Personal telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Information regarding marital status, dependents, or relatives; and</text> </paragraph> <paragraph num="(5)"> <text>Information regarding employment status, including employment application.</text> </paragraph> </paragraph> <paragraph num="G."> <text>“Unsubstantiated complaint” means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Information from Licensing Records."> <paragraph num="A."> <text>Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:</text> <paragraph num="(1)"> <text>Findings of inspections conducted by the office in letter of compliance facilities;</text> </paragraph> <paragraph num="(2)"> <text>Record of complaint forms pertaining to confirmed or unsubstantiated complaints;</text> </paragraph> <paragraph num="(3)"> <text>Copies of letters of compliance, including those on provisional or conditional status;</text> </paragraph> <paragraph num="(4)"> <text>Variances;</text> </paragraph> <paragraph num="(5)"> <text>Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;</text> </paragraph> <paragraph num="(6)"> <text>Correspondence and documents pertaining to enforcement actions taken under this subtitle by the Department or office against a letter holder or child care facility, including denial letters, sanctions, emergency suspensions, and revocations; and</text> </paragraph> <paragraph num="(7)"> <text>Any correspondence regarding requests for inspection of licensing records under this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as provided by other law, the custodian of record shall permit the licensee, or an authorized representative of the licensee, to inspect the licensee's own record.</text> </paragraph> <paragraph num="C."> <text>The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:</text> <paragraph num="(1)"> <text>To public employees in the performance of their public duties;</text> </paragraph> <paragraph num="(2)"> <text>To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or</text> </paragraph> <paragraph num="(3)"> <text>When required by a duly issued subpoena.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Information from Licensing Records."> <paragraph num="A."> <text>A written request shall be filed with the custodian of record in order to:</text> <paragraph num="(1)"> <text>Conduct a physical inspection of licensing records; or</text> </paragraph> <paragraph num="(2)"> <text>Obtain a written or electronic:</text> <paragraph num="(a)"> <text>Copy of licensing records; or</text> </paragraph> <paragraph num="(b)"> <text>Report of information from licensing records that the official custodian of records does not already make available to the general public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The written request shall:</text> <paragraph num="(1)"> <text>Contain the applicant’s name, address, and telephone number; and</text> </paragraph> <paragraph num="(2)"> <text>Reasonably identify by brief description the record sought.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian of record may charge a reasonable fee for:</text> <paragraph num="(1)"> <text>The reproduction of documents sought;</text> </paragraph> <paragraph num="(2)"> <text>Official or employee time expended searching for requested records; or</text> </paragraph> <paragraph num="(3)"> <text>Any time expended in preparing records for inspection or copying.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compelling Public Purpose."> <text>A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §4-333(b), Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 2008 (35:21 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)</annotation> </annotations> </chapter> </subtitle> <subtitle num="18" heading="Large Family Child Care Homes"> <chapter num="01" heading="Scope and Definitions"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>The purpose of this subtitle is to establish requirements for the identification, approval, and operation of large family child care homes.</text> </paragraph> <paragraph num="B."> <text>Scope. This subtitle:</text> <paragraph num="(1)"> <text>Governs child care provided to children for less than 24 hours a day in a private residence that is:</text> <paragraph num="(a)"> <text>Not the child's own home; and</text> </paragraph> <paragraph num="(b)"> <text>Approved, or proposed for approval, by the office for a maximum child care capacity of 9 to 12 children; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Does not apply to a family child care provider or a family child care home currently registered pursuant to COMAR 13A.15.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abuse” means:</text> <paragraph num="(a)"> <text>The physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:</text> <paragraph num="(i)"> <text>A parent;</text> </paragraph> <paragraph num="(ii)"> <text>An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or</text> </paragraph> <paragraph num="(iii)"> <text>A household or family member; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Sexual abuse of a child, whether physical injuries are sustained or not.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Agency” means the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.</text> </paragraph> <paragraph num="(3)"> <text>“Agency representative” means an individual designated by the Agency to determine compliance with this subtitle.</text> </paragraph> <paragraph num="(4)"> <text>Applicant.</text> <paragraph num="(a)"> <text>“Applicant” means an individual who applies to the office for a certificate of registration to operate a large family child care home.</text> </paragraph> <paragraph num="(b)"> <text>“Applicant” may include an individual who is currently licensed to operate a small center.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Approved training” means course work or a workshop provided by:</text> <paragraph num="(a)"> <text>A regionally accredited college or university;</text> </paragraph> <paragraph num="(b)"> <text>A State-approved private career school;</text> </paragraph> <paragraph num="(c)"> <text>The Child Development Associate National Credentialing Program;</text> </paragraph> <paragraph num="(d)"> <text>Other organizations or individuals approved by the office; or</text> </paragraph> <paragraph num="(e)"> <text>The Agency.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Approved continued training” means training, including but not limited to workshops, seminars, and conferences, that is:</text> <paragraph num="(a)"> <text>Approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>Used by the child care provider or a staff member of a child care home to maintain the applicable professional qualifications required by COMAR 13A.18.06.05—.07.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Approved preservice training” means training that is:</text> <paragraph num="(a)"> <text>Approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>Used to meet initial professional qualifications required by COMAR 13A.18.06.05.06 for an applicant or for a staff member of a child care home.</text> </paragraph> </paragraph> <paragraph num="(7-1)"> <text>Cannabis.</text> <paragraph num="(a)"> <text>“Cannabis” means the plant cannabis sativa L. and any part of the plant, including:</text> <paragraph num="(i)"> <text>All derivatives;</text> </paragraph> <paragraph num="(ii)"> <text>Extracts;</text> </paragraph> <paragraph num="(iii)"> <text>Cannabinoids;</text> </paragraph> <paragraph num="(iv)"> <text>Isomers;</text> </paragraph> <paragraph num="(v)"> <text>Acids;</text> </paragraph> <paragraph num="(vi)"> <text>Salts; and</text> </paragraph> <paragraph num="(vii)"> <text>Salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry weight basis.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Cannabis” includes any product that is composed of cannabis, cannabis concentrate, or cannabis extract, including but not limited to cannabis vaporizing devices, concentrated cannabis products, edible cannabis products, and any usable cannabis products.</text> </paragraph> <paragraph num="(c)"> <text>“Cannabis” does not include hemp or hemp products, as defined in Agriculture Article, §14-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Child” means an individual who is younger than:</text> <paragraph num="(a)"> <text>13 years old; or</text> </paragraph> <paragraph num="(b)"> <text>21 years old and has a developmental disability or other emotional, physical, educational, or medical need for child care beyond 13 years old.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Child Care Home.</text> <paragraph num="(a)"> <text>“Child care home” means a residence in which family child care is provided.</text> </paragraph> <paragraph num="(b)"> <text>“Child care home” includes a:</text> <paragraph num="(i)"> <text>Family child care home registered to operate pursuant to COMAR 13A.15; or</text> </paragraph> <paragraph num="(ii)"> <text>Large family child care home registered to operate pursuant to this subtitle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Continuing registration” means a family child care registration that does not expire.</text> </paragraph> <paragraph num="(11)"> <text>“Core of knowledge” means the competencies identified by the office as essential for all individuals working in the child care delivery system, including:</text> <paragraph num="(a)"> <text>Child development;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum;</text> </paragraph> <paragraph num="(c)"> <text>Special needs;</text> </paragraph> <paragraph num="(d)"> <text>Professionalism;</text> </paragraph> <paragraph num="(e)"> <text>Community; and</text> </paragraph> <paragraph num="(f)"> <text>Health, safety, and nutrition.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Department” means the Maryland State Department of Education.</text> </paragraph> <paragraph num="(13)"> <text>“Director” means an individual designated by a provider to conduct the daily operations of a large family child care home.</text> </paragraph> <paragraph num="(14)"> <text>“Elective training” means training at a conference, seminar, or other event that is approved by the office but is not in a core of knowledge competency area.</text> </paragraph> <paragraph num="(15)"> <text>Employee.</text> <paragraph num="(a)"> <text>“Employee” means an individual who is employed to work in a child care home and who:</text> <paragraph num="(i)"> <text>Cares for or supervises children in the facility; or</text> </paragraph> <paragraph num="(ii)"> <text>Has access to children who are cared for or supervised in the facility.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Employee” includes a substitute or volunteer.</text> </paragraph> <paragraph num="(c)"> <text>“Employee” does not include an individual who is:</text> <paragraph num="(i)"> <text>An independent contractor; or</text> </paragraph> <paragraph num="(ii)"> <text>A licensed or certified health care professional who is compensated by the provider or the parent of a child in care to provide a specified health care service to the child.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For the purpose of applying the criminal background check requirements and the child and adult abuse and neglect record review requirements set forth in this subtitle, employee includes an individual who:</text> <paragraph num="(i)"> <text>Meets the definition of an employee as set forth in this subsection; and</text> </paragraph> <paragraph num="(ii)"> <text>Does not clearly meet, or is not excluded from, the definition of independent contractor as set forth at §B(21) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Family child care” has the meaning stated in Education Article, §9.5-301, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Family child care teacher” means a staff member who:</text> <paragraph num="(a)"> <text>Is approved by the office to supervise children in care at a large family child care home; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the professional requirements of COMAR 13A.18.06.06.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Group” means a unit of children together with the staff assigned to them.</text> </paragraph> <paragraph num="(19)"> <text>“Health officer” means the health officer in each of the 23 counties and the Commissioner of Health in Baltimore City, or the duly designated representative of the health officer, or both, and refers to the health officer in the jurisdiction where the child care home is or will be located.</text> </paragraph> <paragraph num="(20)"> <text>“Identified as responsible for child abuse or neglect” means being determined by a local department of social services or other state agency to be responsible for child abuse or neglect, or awaiting the local department's appeal hearing after the determination.</text> </paragraph> <paragraph num="(21)"> <text>Independent Contractor.</text> <paragraph num="(a)"> <text>“Independent contractor” means an individual or other entity:</text> <paragraph num="(i)"> <text>That is hired by the provider, a resident in the child care home, or the parent of a child in care, on the basis of a service contract or agreement, to perform a specialized service at the child care home, including, but not limited to, home maintenance or repair, academic tutoring, or recreational programming, for a specified period of time or in order to achieve a specified result;</text> </paragraph> <paragraph num="(ii)"> <text>That determines how the specialized service shall be performed; and</text> </paragraph> <paragraph num="(iii)"> <text>Whose specialized service is not restricted to the child care home, but is available for hire by other customers.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Independent contractor” does not include an individual who:</text> <paragraph num="(i)"> <text>Is a registered or certified health care professional compensated by the provider to provide a specified health care service to a child in care;</text> </paragraph> <paragraph num="(ii)"> <text>Under a private arrangement with the parent or guardian of a child or children in care, provides a health care, educational, or other service only to that child or those children; or</text> </paragraph> <paragraph num="(iii)"> <text>Is employed for compensation by a public school or by a private or nonpublic school required to report annually to the State Board of Education.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(22)"> <text>“Infant” means a child younger than 18 months old.</text> </paragraph> <paragraph num="(23)"> <text>“Injurious treatment” means:</text> <paragraph num="(a)"> <text>Physical discipline, including but not limited to spanking, hitting, shaking, or any other means of physical discipline, or enforcement of acts which result in physical pain;</text> </paragraph> <paragraph num="(b)"> <text>Failure to attend to a child's physical needs and other physically damaging acts, excluding reasonable acts to protect the child from imminent danger;</text> </paragraph> <paragraph num="(c)"> <text>Subjecting a child to verbal abuse intended to cause mental distress, such as shouting, cursing, shaming, threatening, or ridiculing; and</text> </paragraph> <paragraph num="(d)"> <text>Utilizing discipline methods that are considered inappropriate by child care professionals and create undue discomfort, such as, but not limited to, washing a child's mouth with soap, putting pepper or other spicy or distasteful items in a child's mouth, requiring a child to stand on one foot as punishment, or tying a child to a cot or other equipment.</text> </paragraph> </paragraph> <paragraph num="(23-1)"> <text>“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(24)"> <text>“Large family child care home” means a child care home approved by the office to operate with a maximum child care capacity of 9 to 12 children.</text> </paragraph> <paragraph num="(25)"> <text>“Licensing status” means the type of child care center license or family child care registration issued by the agency and the current operating status of that license or registration.</text> </paragraph> <paragraph num="(26)"> <text>“Local department” means the department of social services, by whatever name known, in any of Maryland's 24 local jurisdictions.</text> </paragraph> <paragraph num="(27)"> <text>“Mental injury” means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.</text> </paragraph> <paragraph num="(28)"> <text>“Neglect” means leaving a child unattended or otherwise failing to give proper care and attention to a child by the child's parents, guardian, or custodian under circumstances that indicate that the child's health or welfare is significantly harmed or placed at risk of significant harm.</text> </paragraph> <paragraph num="(29)"> <text>“Nursery school” means an educational program:</text> <paragraph num="(a)"> <text>For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and</text> </paragraph> <paragraph num="(b)"> <text>That, unless approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Office” means the central office or a regional office of the Agency.</text> </paragraph> <paragraph num="(31)"> <text>Overnight Care.</text> <paragraph num="(a)"> <text>“Overnight care” means child care that is provided between the hours of 12 a.m. and 6 a.m.</text> </paragraph> <paragraph num="(b)"> <text>“Overnight care” does not include child care provided to a child enrolled for care during daytime or evening hours who, because of the parent's schedule, must remain at the family child care home for up to 1/2 hour after 12 a.m. or arrive up to 1/2 hour before 6 a.m.</text> </paragraph> </paragraph> <paragraph num="(32)"> <text>“Parent” means the biological or adoptive parent, or the legal guardian or custodian of a child, who enrolls the child in care.</text> </paragraph> <paragraph num="(33)"> <text>Potentially Hazardous Food.</text> <paragraph num="(a)"> <text>“Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients capable of supporting rapid and progressive growth of infectious, toxigenic microorganisms.</text> </paragraph> <paragraph num="(b)"> <text>“Potentially hazardous food” does not include clean, whole, uncracked, odor-free shell eggs.</text> </paragraph> </paragraph> <paragraph num="(34)"> <text>“Preschooler” means a child who:</text> <paragraph num="(a)"> <text>Is 2 years old or older; and</text> </paragraph> <paragraph num="(b)"> <text>Does not attend kindergarten or a higher grade.</text> </paragraph> </paragraph> <paragraph num="(35)"> <text>“Professional development plan” means the written instrument for tracking continued training that is:</text> <paragraph num="(a)"> <text>Distributed by the office to a provider; and</text> </paragraph> <paragraph num="(b)"> <text>To be completed annually by the provider and, as applicable, the director, each family child care teacher, and each aide.</text> </paragraph> </paragraph> <paragraph num="(36)"> <text>“Provider” means the individual to whom a certificate of registration to operate a child care home is issued pursuant to this subtitle.</text> </paragraph> <paragraph num="(37)"> <text>“Provider substitute” means an adult who is approved by the office to be responsible for the operation of a child care home when the child care provider is absent.</text> </paragraph> <paragraph num="(38)"> <text>Relative.</text> <paragraph num="(a)"> <text>“Relative” means an individual related to a child by blood, marriage, or adoption.</text> </paragraph> <paragraph num="(b)"> <text>“Relative” includes a parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, first or second cousin, great grandparent, great uncle, or great aunt.</text> </paragraph> </paragraph> <paragraph num="(39)"> <text>“Resident” means a person who lives in the child care home.</text> </paragraph> <paragraph num="(40)"> <text>“Sanction” means an enforcement action under this subtitle.</text> </paragraph> <paragraph num="(41)"> <text>“Sanitization” means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for a sufficient period of time to destroy vegetative cells of pathogenic bacteria and to reduce substantially the number of other microorganisms.</text> </paragraph> <paragraph num="(42)"> <text>“School age child” means a child younger than 13 years old who attends a public or nonpublic school in grades kindergarten or above.</text> </paragraph> <paragraph num="(43)"> <text>“Small center” means a child care program located in a private residence and licensed for 12 or fewer children that, before January 1, 2012, was licensed to operate as a child care center pursuant to COMAR 13A.16.</text> </paragraph> <paragraph num="(44)"> <text>Staff Member.</text> <paragraph num="(a)"> <text>“Staff member” means an individual 16 years old or older, whether paid or not, who is assigned responsibility for child care in a child care home.</text> </paragraph> <paragraph num="(b)"> <text>“Staff member” also means the provider.</text> </paragraph> </paragraph> <paragraph num="(45)"> <text>“Successfully passed” means, when used in connection with a criminal background check or a review of records of abuse and neglect of children or adults conducted on an individual, that the individual:</text> <paragraph num="(a)"> <text>Does not have a disposition listed at COMAR 13A.18.02.07B or C;</text> </paragraph> <paragraph num="(b)"> <text>Does not have other behavior deemed harmful to children; or</text> </paragraph> <paragraph num="(c)"> <text>Has not been identified as responsible for the abuse or neglect of a child or an adult.</text> </paragraph> </paragraph> <paragraph num="(46)"> <text>“Superintendent” means the State Superintendent of Schools or the Superintendent's designee.</text> </paragraph> <paragraph num="(47)"> <text>“Toddler” means a child 18 months old or older but younger than 2 years old.</text> </paragraph> <paragraph num="(48)"> <text>“Treatment foster care” means a 24-hour substitute care program, operated by a registered child placement agency or local department of social services, for children with a serious emotional, behavioral, medical, or psychological condition.</text> </paragraph> <paragraph num="(48-1)"> <text>“Vaping” means using a device that can deliver aerosolized or vaporized products, including but not limited to nicotine and cannabis, to an individual inhaling from the device.</text> </paragraph> <paragraph num="(49)"> <text>“Volunteer” means an individual who:</text> <paragraph num="(a)"> <text>Is 13 years old or older;</text> </paragraph> <paragraph num="(b)"> <text>Works in the child care home but is not a compensated employee;</text> </paragraph> <paragraph num="(c)"> <text>Is not enrolled as a child in care at the child care home; and</text> </paragraph> <paragraph num="(d)"> <text>Is not an additional adult or a substitute.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 17); April 18, 2022 (49:8Md. R. 500)</annotation> </annotations> </chapter> <chapter num="02" heading="Registration Application and Maintenance"> <regulation prefix="Regulation" num=".01" heading="Registration — General Requirements."> <paragraph num="A."> <text>Requirement to Be Registered.</text> <paragraph num="(1)"> <text>An individual may not operate a large family child care home unless:</text> <paragraph num="(a)"> <text>Both the individual and the home meet the requirements for registration set forth in this subtitle; and</text> </paragraph> <paragraph num="(b)"> <text>The individual possesses a valid certificate of registration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A large family child care home is not required to be registered if the provider:</text> <paragraph num="(a)"> <text>Is a relative of each child;</text> </paragraph> <paragraph num="(b)"> <text>Is a friend of each child’s parent or legal guardian and the care is provided on a nonregular basis of less than 20 hours a month; or</text> </paragraph> <paragraph num="(c)"> <text>Has received the care of the child from a child placement agency licensed by the Department of Human Services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Conversion from a Small Center.</text> <paragraph num="(a)"> <text>An individual currently licensed to operate a small center may apply to the office to convert the small center license to a certificate of registration to operate a large family child care home.</text> </paragraph> <paragraph num="(b)"> <text>Application for conversion from a small center license shall be made as directed by the office.</text> </paragraph> <paragraph num="(c)"> <text>A large family child care home that is converted from a small center shall continue to operate with or under the same:</text> <paragraph num="(i)"> <text>Licensing status;</text> </paragraph> <paragraph num="(ii)"> <text>Approved child care capacity;</text> </paragraph> <paragraph num="(iii)"> <text>Approved months, days, and hours of operation;</text> </paragraph> <paragraph num="(iv)"> <text>Approved age ranges of children to be served;</text> </paragraph> <paragraph num="(v)"> <text>Approved child care areas;</text> </paragraph> <paragraph num="(vi)"> <text>Variances, if any;</text> </paragraph> <paragraph num="(vii)"> <text>Special conditions or restrictions, if any; and</text> </paragraph> <paragraph num="(viii)"> <text>Expiration date, if any.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Types of Registration. The office may issue:</text> <paragraph num="(1)"> <text>An initial registration, which may be issued on a provisional basis pursuant to Regulation .04A of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>A continuing registration, which may be:</text> <paragraph num="(a)"> <text>Issued on a provisional basis pursuant to Regulation .04A of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>Replaced by a conditional registration pursuant to Regulation .04B of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A certificate of registration:</text> <paragraph num="(1)"> <text>May not be transferred or applied to another individual, residence, or child care program; and</text> </paragraph> <paragraph num="(2)"> <text>Remains the property of the office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The provider shall display conspicuously the certificate of registration in a location where it can easily be seen and read by parents whose children are in the provider's care or who are considering placing their children in the provider's care.</text> </paragraph> <paragraph num="E."> <text>The provider shall surrender the certificate of registration to the office immediately when any of the following occurs or becomes effective:</text> <paragraph num="(1)"> <text>The provider closes the child care home permanently;</text> </paragraph> <paragraph num="(2)"> <text>The registration becomes invalid pursuant to §H(2) of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>The registration is revoked;</text> </paragraph> <paragraph num="(4)"> <text>The registration is suspended; or</text> </paragraph> <paragraph num="(5)"> <text>The initial registration expires, and:</text> <paragraph num="(a)"> <text>The application for an initial or a continuing registration is denied; or</text> </paragraph> <paragraph num="(b)"> <text>The provider has not applied for a continuing registration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Except as provided under §G of this regulation, a residence approved for use as a child care home may not also be used to operate a:</text> <paragraph num="(1)"> <text>Child care home under a different registration; or</text> </paragraph> <paragraph num="(2)"> <text>Child care program that is subject to the requirements of COMAR 13A.15, COMAR 13A.16, or COMAR 13A.17.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A residence approved by the office before July 1, 2008, for the concurrent operation of more than one child care home or more than one type of child care program may continue to be used to operate those programs, except that, while concurrent approvals are in effect, the office may not approve a request by the provider for:</text> <paragraph num="(1)"> <text>An increase in child capacity;</text> </paragraph> <paragraph num="(2)"> <text>A change in the hours of operation;</text> </paragraph> <paragraph num="(3)"> <text>A change in the ages of children served;</text> </paragraph> <paragraph num="(4)"> <text>A change in the approved child care area; or</text> </paragraph> <paragraph num="(5)"> <text>A variance to a regulation under this subtitle.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Residence of Applicant or Provider.</text> <paragraph num="(1)"> <text>Unless currently approved for the purpose, the office may not approve a residence for use as a child care home that is not the primary residence of the family child care registration applicant.</text> </paragraph> <paragraph num="(2)"> <text>A child care home registration is subject to revocation if the home is no longer the primary residence of the provider.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The provider may not allow an employee, staff member, substitute, or volunteer to:</text> <paragraph num="(1)"> <text>Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or</text> </paragraph> <paragraph num="(2)"> <text>Be alone with a child or group of children until all checks have been successfully passed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Initial Registration."> <paragraph num="A."> <text>An application for initial registration shall be filed with the office by an individual who wishes to operate a registered large family child care home and who:</text> <paragraph num="(1)"> <text>Is not currently a registered large family child care home provider; and</text> </paragraph> <paragraph num="(2)"> <text>Has not been registered as a large family child care home provider for at least 6 months before the date of application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless converting an existing small center to a large family child care home pursuant to Regulation .01A(2) of this chapter, an applicant for an initial registration shall complete an orientation to large family child care home regulations that is offered or approved by the office.</text> </paragraph> <paragraph num="C."> <text>Before the proposed opening date of the child care home, an applicant for initial registration shall:</text> <paragraph num="(1)"> <text>Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>Ensure that an application for a federal and State criminal background check is submitted for:</text> <paragraph num="(a)"> <text>The applicant;</text> </paragraph> <paragraph num="(b)"> <text>Each employee, including substitutes and volunteers; and</text> </paragraph> <paragraph num="(c)"> <text>Each resident in the home who is 18 years old or older; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Submit to the office each item specified under §D of this regulation that was not submitted at the time the written application form was submitted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The applicant shall submit:</text> <paragraph num="(1)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:</text> <paragraph num="(a)"> <text>The applicant;</text> </paragraph> <paragraph num="(b)"> <text>Each employee;</text> </paragraph> <paragraph num="(c)"> <text>Each substitute;</text> </paragraph> <paragraph num="(d)"> <text>Each volunteer;</text> </paragraph> <paragraph num="(e)"> <text>Each resident in the home who is 18 years old or older; and</text> </paragraph> <paragraph num="(f)"> <text>If required by the office, any other individual with access to the child care area during the approved hours of operation;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A medical evaluation for the applicant, each resident in the home, and each employee or staff member as specified under COMAR 13A.18.06.04 that:</text> <paragraph num="(a)"> <text>Was completed within 12 months before the date of application for registration;</text> </paragraph> <paragraph num="(b)"> <text>Was conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant;</text> </paragraph> <paragraph num="(c)"> <text>Includes verification that the individual:</text> <paragraph num="(i)"> <text>Is free of communicable tuberculosis, if indicated; and</text> </paragraph> <paragraph num="(ii)"> <text>If the applicant, is capable of performing the duties of their position; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Is signed or verified by the individual who conducted the evaluation;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Evidence of compliance with all applicable zoning and building codes;</text> </paragraph> <paragraph num="(4)"> <text>A written plan of operation;</text> </paragraph> <paragraph num="(5)"> <text>An emergency and disaster plan that meets the requirements of COMAR 13A.18.10.01A(3)(a) and (b);</text> </paragraph> <paragraph num="(6)"> <text>Workers’ compensation insurance information;</text> </paragraph> <paragraph num="(7)"> <text>A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;</text> </paragraph> <paragraph num="(8)"> <text>A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;</text> </paragraph> <paragraph num="(9)"> <text>Documentation that all applicable training requirements set forth at COMAR 13A.18.06.05—.07 have been met by the applicant and each staff member;</text> </paragraph> <paragraph num="(10)"> <text>A 4-week menu of food to be served to children in care at the child care home;</text> </paragraph> <paragraph num="(11)"> <text>A written child discipline policy;</text> </paragraph> <paragraph num="(12)"> <text>If the child care home is located in a condominium or residence which requires homeowners’ association membership, written proof of homeowner’s liability insurance coverage as required by Maryland law;</text> </paragraph> <paragraph num="(13)"> <text>Documentation that the home has met all lead safety requirements, as applicable, set forth in COMAR 13A.18.05.05;</text> </paragraph> <paragraph num="(14)"> <text>If the home is located in an apartment or other property that is rented or leased by the applicant, written authorization from the lessor, owner, or landlord permitting child care in the home; and</text> </paragraph> <paragraph num="(15)"> <text>All other documentation required by law or regulation, including but not limited to:</text> <paragraph num="(a)"> <text>Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and</text> </paragraph> <paragraph num="(b)"> <text>A building use and occupancy permit, if applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If, within 6 months after the applicant submits a completed application form, the office has not received documentation that all applicable requirements of §B of this regulation have been met, the office may consider the application void.</text> </paragraph> <paragraph num="F."> <text>Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §C(1) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:</text> <paragraph num="(1)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(2)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Continuing Registration."> <paragraph num="A."> <text>Application for Continuing Registration. To obtain a continuing registration, a provider shall submit to the office before expiration of the initial registration:</text> <paragraph num="(1)"> <text>A completed request, on a form supplied by the office, for continued registration;</text> </paragraph> <paragraph num="(2)"> <text>Documentation that the continued training requirements and the first aid and CPR certification requirements set forth in COMAR 13A.18.06.05—.07 have been met;</text> </paragraph> <paragraph num="(3)"> <text>A medical evaluation that meets the requirements of Regulation .02D(2) of this chapter for:</text> <paragraph num="(a)"> <text>The provider;</text> </paragraph> <paragraph num="(b)"> <text>Each resident in the home who has child care responsibilities;</text> </paragraph> <paragraph num="(c)"> <text>Each volunteer; and</text> </paragraph> <paragraph num="(d)"> <text>Each staff member;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A completed and notarized release of information form that permits the office to examine records of abuse and neglect of children and adults for:</text> <paragraph num="(a)"> <text>The provider;</text> </paragraph> <paragraph num="(b)"> <text>Each provider substitute;</text> </paragraph> <paragraph num="(c)"> <text>Each resident in the home who is 18 years old or older;</text> </paragraph> <paragraph num="(d)"> <text>Each volunteer;</text> </paragraph> <paragraph num="(e)"> <text>Each staff member; and</text> </paragraph> <paragraph num="(f)"> <text>If required by the office, any other individual with regular access to the child care area during the approved hours of operation;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Documentation that the child care home has passed the most recent fire inspection required by the local fire authority having jurisdiction;</text> </paragraph> <paragraph num="(6)"> <text>If the home is located in an apartment or other property that is rented or leased by the applicant, written authorization from the lessor, owner, or landlord permitting the provider to continue providing child care in the home; and</text> </paragraph> <paragraph num="(7)"> <text>Any other documentation required by law or regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maintenance of Continuing Registration.</text> <paragraph num="(1)"> <text>By the end of each 12-month period after the date of issuance of a continuing registration, the provider shall make available to the office documentation that the continued training requirements set forth in COMAR 13A.18.06.05—.07 have been met.</text> </paragraph> <paragraph num="(2)"> <text>By the end of each 24-month period after the date of issuance of a continuing registration, the provider shall make available to the office the items specified in §A(2)—(7) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Provisional Status and Conditional Registration."> <paragraph num="A."> <text>Provisional Status.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.</text> </paragraph> <paragraph num="(2)"> <text>An initial registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02C(1) and D(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.</text> </paragraph> <paragraph num="(3)"> <text>At the end of the provisional period, if all requirements for the initial or continuing registration are not met due to:</text> <paragraph num="(a)"> <text>Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for registration; or</text> </paragraph> <paragraph num="(b)"> <text>Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Conditional Registration.</text> <paragraph num="(1)"> <text>If a provider who holds a continuing registration fails to remedy a violation as required, the office may replace the continuing registration with a conditional registration for:</text> <paragraph num="(a)"> <text>A period of up to 120 days; and</text> </paragraph> <paragraph num="(b)"> <text>Upon approval by the Agency's central office, an additional period of up to 120 days.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon replacing a continuing registration with a conditional registration, the office shall issue to the provider a revised certificate of registration that states the:</text> <paragraph num="(a)"> <text>Date that the continuing registration was replaced by the conditional registration;</text> </paragraph> <paragraph num="(b)"> <text>Period of time of the conditional registration; and</text> </paragraph> <paragraph num="(c)"> <text>Requirements for reinstating the continuing registration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Immediately upon receipt of the revised certificate of registration, the provider shall:</text> <paragraph num="(a)"> <text>Remove from display in the child care home the certificate of continuing registration that was originally issued; and</text> </paragraph> <paragraph num="(b)"> <text>Display the revised certificate as required by Regulation .01D of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the provider satisfies all requirements for reinstatement of the continuing registration, the office shall promptly notify the provider about the reinstatement of the continuing registration.</text> </paragraph> <paragraph num="(5)"> <text>If the provider fails to satisfy all requirements for reinstatement of the continuing registration within the specified period of time, the office may suspend or revoke the conditional registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Resumption of Service."> <paragraph num="A."> <text>An application to resume service shall be filed by:</text> <paragraph num="(1)"> <text>A registered provider who wishes to operate a large family child care home at an address different from that specified on the current certificate of registration; or</text> </paragraph> <paragraph num="(2)"> <text>An individual who was previously registered by the office to operate a large family child care home and who wishes to re-register, if the last effective date of the previous registration is within 6 months of the application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The application to resume service shall meet all initial registration application requirements, except that:</text> <paragraph num="(1)"> <text>An abbreviated application form supplied by the office shall be used; and</text> </paragraph> <paragraph num="(2)"> <text>The office may accept as applicable to the new application the:</text> <paragraph num="(a)"> <text>Individual's original completion of the orientation specified in Regulation .02B of this chapter, if required;</text> </paragraph> <paragraph num="(b)"> <text>Original medical reports submitted for the applicant, each resident in the home who will have child care responsibilities, and each staff member if the reports are based on medical evaluations completed within 12 months of the new application;</text> </paragraph> <paragraph num="(c)"> <text>Results of the original criminal background checks conducted pursuant to Regulation .02C(1) of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Results of the original child and adult abuse and neglect clearances conducted pursuant to Regulation .02D(1) of this chapter, if the clearances were completed within 12 months of the application; and</text> </paragraph> <paragraph num="(e)"> <text>Approved continued training completed within 12 months of the application.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response of the Office to Application."> <paragraph num="A."> <text>Except as set forth at §C of this regulation, upon receiving the completed application and all required documentation, whether for an initial registration or a continuing registration, the office shall determine compliance with the requirements of this subtitle by:</text> <paragraph num="(1)"> <text>Evaluating the application and required documentation;</text> </paragraph> <paragraph num="(2)"> <text>Interviewing the applicant;</text> </paragraph> <paragraph num="(3)"> <text>Inspecting the residence proposed for use as a child care home;</text> </paragraph> <paragraph num="(4)"> <text>Evaluating the information provided by State and federal criminal background investigations; and</text> </paragraph> <paragraph num="(5)"> <text>Evaluating the information provided from records of child and adult abuse and neglect.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon completing the procedures in §A of this regulation, the office shall, within 30 days:</text> <paragraph num="(1)"> <text>Issue a certificate of registration to operate the child care home in accordance with the provisions of this subtitle if:</text> <paragraph num="(a)"> <text>The application is complete;</text> </paragraph> <paragraph num="(b)"> <text>All required documentation has been received; and</text> </paragraph> <paragraph num="(c)"> <text>The office is satisfied that the applicant and the residence meet the requirements of this subtitle;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Deny the certificate of registration if the office determines that the applicant or the residence does not meet the requirements of this subtitle; or</text> </paragraph> <paragraph num="(3)"> <text>Issue a provisional certificate of registration in accordance with Regulation .04A of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 30 days of receipt of a completed application for conversion of a small center license to a large family child care home registration pursuant to Regulation .02 of this chapter, the office shall issue a certificate of registration to the applicant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Denial of a Registration Application."> <paragraph num="A."> <text>The office may deny a certificate of registration if:</text> <paragraph num="(1)"> <text>The applicant, a resident, any staff member, or the residence in which child care is to be provided fails to meet the requirements of this subtitle;</text> </paragraph> <paragraph num="(2)"> <text>An evaluation of the application or any documents required by the office reveals that the applicant reported false information;</text> </paragraph> <paragraph num="(3)"> <text>The applicant has a documented history of serious or repeated regulatory violations of this subtitle or other regulations of any state concerning the care of children or adults that demonstrates an inability to provide for the health or safety of children;</text> </paragraph> <paragraph num="(4)"> <text>The applicant has had a child care home registration, a child care center license, or a letter of compliance denied or revoked before the date on the registration application, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;</text> </paragraph> <paragraph num="(5)"> <text>The applicant prevents the office from completing its responsibilities for registration;</text> </paragraph> <paragraph num="(6)"> <text>Upon evaluating the physical condition of the residence and surrounding premises, the office finds conditions that are unsafe or unhealthy;</text> </paragraph> <paragraph num="(7)"> <text>An evaluation of the medical report or other information about the applicant or a resident indicates that the:</text> <paragraph num="(a)"> <text>Physical or mental health of the applicant or resident may pose a risk to children;</text> </paragraph> <paragraph num="(b)"> <text>Applicant is unable to care for children; or</text> </paragraph> <paragraph num="(c)"> <text>Applicant submitted false or altered medical documentation for the applicant, resident, substitute, or employee for consideration by the office;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>In addition to the requirements set forth at §B of this regulation, an evaluation of the criminal record of the applicant, an employee including a substitute, volunteer, or a resident in the home reveals that the individual has a criminal conviction, probation before judgment disposition, or not criminally responsible disposition, or is awaiting a hearing for a criminal charge that indicates behavior harmful to children;</text> </paragraph> <paragraph num="(9)"> <text>An evaluation of the information provided in records of abuse and neglect of children and adults reveals that the applicant, a staff member including a substitute, a volunteer, or a resident is identified as responsible for abuse or neglect of children or adults, or is currently under investigation for alleged acts of abuse or neglect of children or adults;</text> </paragraph> <paragraph num="(10)"> <text>Based on an interview with the applicant or an evaluation of other pertinent information, the office concludes that the applicant cannot provide for the health, safety, or welfare of children in care on the basis of:</text> <paragraph num="(a)"> <text>Substantial, credible evidence of the applicant's abuse of alcohol or controlled dangerous substances, mental instability, or other condition; or</text> </paragraph> <paragraph num="(b)"> <text>Other pertinent information received by the office which creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>The applicant is:</text> <paragraph num="(a)"> <text>Providing treatment foster care to a child in other than a preadoptive capacity; and</text> </paragraph> <paragraph num="(b)"> <text>Filing an application for initial registration as a family child care provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The office shall deny a certificate of registration if an applicant or resident has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(1)"> <text>A crime involving:</text> <paragraph num="(a)"> <text>A child;</text> </paragraph> <paragraph num="(b)"> <text>Cruelty to animals;</text> </paragraph> <paragraph num="(c)"> <text>Domestic violence of an intimate partner or spouse; or</text> </paragraph> <paragraph num="(d)"> <text>A weapons or firearms violation of federal or state laws;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A violent crime classified as a felony, including physical assault or battery;</text> </paragraph> <paragraph num="(4)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(5)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(6)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(7)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(8)"> <text>Perjury;</text> </paragraph> <paragraph num="(9)"> <text>A crime involving pornography;</text> </paragraph> <paragraph num="(10)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; or</text> </paragraph> <paragraph num="(11)"> <text>Reckless endangerment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall deny a certificate of registration if an applicant or resident has received at any time a felony conviction for:</text> <paragraph num="(1)"> <text>Murder;</text> </paragraph> <paragraph num="(2)"> <text>Spousal abuse; or</text> </paragraph> <paragraph num="(3)"> <text>Arson.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The office shall deny a certificate of registration upon notification that the applicant is in noncompliance with Child Support Enforcement requirements pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>If the office denies an application, the office shall notify the applicant in writing of the denial stating:</text> <paragraph num="(1)"> <text>The reason for denial;</text> </paragraph> <paragraph num="(2)"> <text>The specific regulation with which the applicant has failed to comply that is the basis for the denial;</text> </paragraph> <paragraph num="(3)"> <text>That the applicant is entitled to a fair hearing; and</text> </paragraph> <paragraph num="(4)"> <text>The procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If an evaluation of criminal records or records of abuse and neglect of children or adults reveals that a person designated by the applicant as a staff member may pose a risk to children in care, the office, instead of denying the registration certificate, may require the provider to designate another staff member.</text> </paragraph> <paragraph num="G."> <text>Denial Before Complete Application.</text> <paragraph num="(1)"> <text>The office may deny an application for registration at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A, B, C, or D of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Voluntary Surrender of Registration."> <paragraph num="A."> <text>A provider may voluntarily surrender a child care home registration at any time by notifying the office in writing.</text> </paragraph> <paragraph num="B."> <text>If a registration is surrendered pursuant to §A of this regulation:</text> <paragraph num="(1)"> <text>The office shall note in the provider's file that the registration has been voluntarily surrendered; and</text> </paragraph> <paragraph num="(2)"> <text>The provider shall return the surrendered certificate of registration to the office.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01H adopted effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, C amended effective April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="03" heading="Management and Administration"> <regulation prefix="Regulation" num=".01" heading="Advertisement."> <paragraph num="A."> <text>An individual may not advertise a family child care service unless the individual holds a current certificate of registration issued by the office.</text> </paragraph> <paragraph num="B."> <text>An advertisement of the family child care service by a provider shall:</text> <paragraph num="(1)"> <text>Specify that the child care home is registered; and</text> </paragraph> <paragraph num="(2)"> <text>Include the registration number issued to the child care home by the office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Admission to Care."> <paragraph num="A."> <text>A provider may not admit a child for care unless the provider has:</text> <paragraph num="(1)"> <text>Met the applicable requirements of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Received the written records required by Regulation .04C—H of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At or before the child's admission to care, the provider shall obtain written information from the parent about the child's individual needs.</text> </paragraph> <paragraph num="C."> <text>Upon admission of an infant or a toddler, a provider shall determine with the parent:</text> <paragraph num="(1)"> <text>A schedule for feeding the child that includes:</text> <paragraph num="(a)"> <text>The amounts and kinds of food consumed daily;</text> </paragraph> <paragraph num="(b)"> <text>The sequence for introducing solid food when appropriate; and</text> </paragraph> <paragraph num="(c)"> <text>Any recommendations about feeding from the infant's physician;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A written individual activity plan for the child; and</text> </paragraph> <paragraph num="(3)"> <text>If the child is 12 months old or older, the need for the child to use a crib for rest purposes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a child is younger than 6 years old at the time of admission, the provider may not allow the child to remain in care if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the provider on a form supplied or approved by the Office that the child has received an appropriate lead screening or test.</text> </paragraph> <paragraph num="E."> <text>As part of the admission process, the provider shall:</text> <paragraph num="(1)"> <text>Give the parent, or advise the parent how to obtain, consumer education information on child care that is supplied by the office; and</text> </paragraph> <paragraph num="(2)"> <text>Provide documentation that the requirements of §C(1) of this regulation have been met.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Records."> <text>The provider shall:</text> <paragraph num="A."> <text>Create and maintain, for at least 2 years after their creation, records of program:</text> <paragraph num="(1)"> <text>Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for which enrolled; and</text> </paragraph> <paragraph num="(2)"> <text>Attendance that indicate:</text> <paragraph num="(a)"> <text>The dates of attendance of each child in the child care home; and</text> </paragraph> <paragraph num="(b)"> <text>Verification by each child's parent of that child's recorded daily attendance in care;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Maintain:</text> <paragraph num="(1)"> <text>Procedures to ensure that the whereabouts of each child in attendance is known at all times;</text> </paragraph> <paragraph num="(2)"> <text>A written child discipline policy as required in COMAR 13A.18.07.03C;</text> </paragraph> <paragraph num="(3)"> <text>Records of food actually served by the provider for the most recent 4 weeks as required by COMAR 13A.18.12.01I(2);</text> </paragraph> <paragraph num="(4)"> <text>A written record of the dates and times at which emergency and disaster plan drills were conducted pursuant to COMAR 13A.18.10.01A(3)(c);</text> </paragraph> <paragraph num="(5)"> <text>Documentation that, at least once each calendar year, the parent of each child under the age of 3 years was given:</text> <paragraph num="(a)"> <text>Information about the Maryland Infant and Toddlers Program; and</text> </paragraph> <paragraph num="(b)"> <text>Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A current copy of this subtitle at the home so that it is displayed and freely available for reference by parents and staff members;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Negotiate and maintain a written agreement with the child's parent that specifies:</text> <paragraph num="(1)"> <text>The fees for and provision of care;</text> </paragraph> <paragraph num="(2)"> <text>The provider's child discipline policy;</text> </paragraph> <paragraph num="(3)"> <text>The presence at the home of any pet animals;</text> </paragraph> <paragraph num="(4)"> <text>If applicable, the use of volunteers in the child care program; and</text> </paragraph> <paragraph num="(5)"> <text>If overnight care is to be provided to the child, the sleeping arrangements approved by the parent;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Give, or advise the parent how to obtain, information supplied by the office concerning:</text> <paragraph num="(1)"> <text>Consumer education on child care; and</text> </paragraph> <paragraph num="(2)"> <text>How to file a complaint with the office against a child care provider; and</text> </paragraph> </paragraph> <paragraph num="E."> <text>Document that the health and safety training, as required by the office, was updated by the end of each 12-month period, measured from the date of initial registration.</text> </paragraph> <paragraph num="F."> <text>The provider may provide the information required under §B(5) of this regulation by:</text> <paragraph num="(1)"> <text>A personal message to the parent, including an e-mail;</text> </paragraph> <paragraph num="(2)"> <text>A document for which the parent acknowledges receipt; or</text> </paragraph> <paragraph num="(3)"> <text>A text message.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Child Records."> <paragraph num="A."> <text>Unless a child is temporarily admitted to or retained in care pursuant to §L of this regulation, the provider shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation for each child admitted to or continuing in care.</text> </paragraph> <paragraph num="B."> <text>Each child's written records shall be:</text> <paragraph num="(1)"> <text>Readily accessible to each staff member providing care to the child; and</text> </paragraph> <paragraph num="(2)"> <text>Kept on file at the child care home during the period of a child's enrollment and for 2 years after the child's disenrollment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The provider shall obtain and maintain emergency information from the child's parent that:</text> <paragraph num="(1)"> <text>Includes the child's name and date of birth;</text> </paragraph> <paragraph num="(2)"> <text>Includes the parent's full name, current address, and telephone contact information;</text> </paragraph> <paragraph num="(3)"> <text>Includes the name and telephone number of the individual who is authorized to pick up the child each day;</text> </paragraph> <paragraph num="(4)"> <text>Includes the name and telephone number of at least one individual who is authorized to pick up the child in an emergency;</text> </paragraph> <paragraph num="(5)"> <text>Includes the name, address, and telephone number of the child's physician or other health care provider;</text> </paragraph> <paragraph num="(6)"> <text>If the child has a special health condition, includes emergency medical instructions for that condition;</text> </paragraph> <paragraph num="(7)"> <text>Is signed and dated by the child's parent;</text> </paragraph> <paragraph num="(8)"> <text>Is updated as needed, but at least annually; and</text> </paragraph> <paragraph num="(9)"> <text>Is readily accessible to each staff member supervising the child, including during an off-site activity.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unless a parent objects to a child's medical examination because of bona fide religious beliefs and practices, a health assessment of the child shall be provided by the child's parent that:</text> <paragraph num="(1)"> <text>Includes a parental statement of the child's health status;</text> </paragraph> <paragraph num="(2)"> <text>If applicable, includes a statement of allergies; and</text> </paragraph> <paragraph num="(3)"> <text>Includes a medical evaluation, signed and dated by a physician that states the child is medically cleared to attend child care and is based on an examination completed by the physician within the last:</text> <paragraph num="(a)"> <text>2 months before admission for a child younger than 9 months old;</text> </paragraph> <paragraph num="(b)"> <text>3 months before admission for a child between 9 and 24 months old; or</text> </paragraph> <paragraph num="(c)"> <text>12 months before admission for a child 2 years old or older.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>As required by COMAR 10.11.04, there shall be evidence that the child has received:</text> <paragraph num="(1)"> <text>An appropriate lead screening for a child younger than 6 years old and born prior to January 1, 2015; or</text> </paragraph> <paragraph num="(2)"> <text>A lead test at age 12 months and again when the child is 24 months regardless of where the child resides, for any child born on or after January 1, 2015.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly from another registered child care home, a licensed child care center, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §§D(3) and E of this regulation.</text> </paragraph> <paragraph num="G."> <text>There shall be an immunization record showing that:</text> <paragraph num="(1)"> <text>The child has had immunizations appropriate for the child's age which meet the immunization guidelines set by the Maryland Department of Health;</text> </paragraph> <paragraph num="(2)"> <text>The child has had at least one dose of each vaccine appropriate for the child's age before entry and is scheduled to complete the required immunizations;</text> </paragraph> <paragraph num="(3)"> <text>A registered physician or a health officer has determined that immunization is medically contraindicated according to accepted medical standards; or</text> </paragraph> <paragraph num="(4)"> <text>The parent objects to the child's immunization because it conflicts with the parent's bona fide religious beliefs and practices.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If a parent objects to a child's immunization or medical examination, or both, because of the parent's bona fide religious beliefs and practices, the provider shall require the parent to provide a health history of the child and sign a statement indicating that to the best of the parent's knowledge and belief, the child is in satisfactory health and free from any communicable disease.</text> </paragraph> <paragraph num="I."> <text>The provider shall record or maintain on file:</text> <paragraph num="(1)"> <text>Each incidence of acute illness requiring exclusion of the child from care pursuant to COMAR 13A.18.11.01B;</text> </paragraph> <paragraph num="(2)"> <text>Each injury or accident required by Regulation .06C and D of this chapter to be reported;</text> </paragraph> <paragraph num="(3)"> <text>Child medication records required by COMAR 13A.18.11.04D;</text> </paragraph> <paragraph num="(4)"> <text>If the child requires a modified diet, the prescription from the child's health practitioner or the written instructions from the child's parent, pursuant to COMAR 13A.18.12.02;</text> </paragraph> <paragraph num="(5)"> <text>If program activities away from the child care home are provided, prior written permission from the child's parent to take the child to those activities; and</text> </paragraph> <paragraph num="(6)"> <text>If applicable, documentation that the parent of a child who is 12 months old or older, but younger than 2 years old, has requested a crib for the child's rest periods.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Written information about the child's individual needs that is supplied by the parent by the time of the child's admission to care shall be reviewed by the provider and the parent at least every 12 months after the child's admission to care.</text> </paragraph> <paragraph num="K."> <text>A provider shall maintain daily records of the amounts and kinds of liquids and solid food consumed by each child younger than 2 years old. These records shall be:</text> <paragraph num="(1)"> <text>Dated and kept on file for at least 4 weeks;</text> </paragraph> <paragraph num="(2)"> <text>Available in the area where children younger than 2 years old are fed; and</text> </paragraph> <paragraph num="(3)"> <text>Made available to the child's parent.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Temporary Admission.</text> <paragraph num="(1)"> <text>A provider may temporarily admit or retain a child in care if the child’s parent or guardian is unable to provide the health-related records specified in §§D—H of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>For a child to be temporarily admitted or retained in care, the parent or guardian shall present evidence of the child’s appointment with a health care provider or local health department to:</text> <paragraph num="(a)"> <text>Receive a medical evaluation to include, if applicable, a lead screening or test;</text> </paragraph> <paragraph num="(b)"> <text>Receive a required immunization;</text> </paragraph> <paragraph num="(c)"> <text>Acquire evidence of age-appropriate immunizations on a form approved by the office; or</text> </paragraph> <paragraph num="(d)"> <text>Reconstruct a lost record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The date of appointment, set pursuant to §L(2) of this regulation, may not be later than 20 calendar days following the date the child was temporarily admitted or retained in care.</text> </paragraph> <paragraph num="(4)"> <text>A provider shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide evidence of the required medical evaluation, immunization, or health record within 3 business days after the date of the appointment made pursuant to §L(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Staff Records."> <text>The provider shall:</text> <paragraph num="A."> <text>Maintain and, upon request by the office, submit a current and complete list of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the child care home on a routine basis;</text> </paragraph> <paragraph num="B."> <text>For review by the office and by parents who have enrolled their children or are considering enrolling their children, post in a conspicuous location a current and complete staffing pattern, on a form supplied or approved by the office, that specifies:</text> <paragraph num="(1)"> <text>The number and ages of children enrolled;</text> </paragraph> <paragraph num="(2)"> <text>The staff/child ratio in relation to the daily schedule; and</text> </paragraph> <paragraph num="(3)"> <text>By staff member name, all child care assignments;</text> </paragraph> </paragraph> <paragraph num="C."> <text>During an individual's employment at the child care home and for 2 years after the date of the individual's last employment there, maintain a record for each individual that includes:</text> <paragraph num="(1)"> <text>The individual's:</text> <paragraph num="(a)"> <text>Training, if required under this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Experience, if required under this chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Function or position;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Verification that the staff member's age complies with the minimum required for the position held;</text> </paragraph> <paragraph num="(3)"> <text>Employment medical evaluation;</text> </paragraph> <paragraph num="(4)"> <text>Criminal background check, except that the provider shall destroy the record of those results immediately after the last day of the individual’s employment; and</text> </paragraph> <paragraph num="(5)"> <text>Date on which the staff member received the written information required by COMAR 13A.18.06.02;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Maintain documentation required for:</text> <paragraph num="(1)"> <text>Substitutes, pursuant to COMAR 13A.18.06.08B; and</text> </paragraph> <paragraph num="(2)"> <text>The adult available for emergencies, pursuant to COMAR 13A.18.08.02D;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Maintain a calendar or other written record of the:</text> <paragraph num="(1)"> <text>Days on which a substitute provides care; and</text> </paragraph> <paragraph num="(2)"> <text>Staff member in whose place the substitute worked; and</text> </paragraph> </paragraph> <paragraph num="F."> <text>If using volunteers in the child care program, maintain a record for each volunteer that includes:</text> <paragraph num="(1)"> <text>The date on which the volunteer received the child health and safety orientation required by COMAR 13A.18.06.02;</text> </paragraph> <paragraph num="(2)"> <text>A brief statement of the volunteer's duties; and</text> </paragraph> <paragraph num="(3)"> <text>A medical evaluation of the volunteer that was completed within 12 months before the start of the volunteer's duties.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Notifications."> <text>The provider shall:</text> <paragraph num="A."> <text>Within 5 working day of its occurrence, provide written notification to the office about the:</text> <paragraph num="(1)"> <text>Addition of a new staff member that includes:</text> <paragraph num="(a)"> <text>The individual’s full name, date of birth, and date of hire;</text> </paragraph> <paragraph num="(b)"> <text>Information about the individual’s work assignment;</text> </paragraph> <paragraph num="(c)"> <text>Proof of compliance with the laws and regulations pertaining to criminal background checks; and</text> </paragraph> <paragraph num="(d)"> <text>Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Ending of employment, for whatever reason, of an individual that includes the:</text> <paragraph num="(a)"> <text>Individual’s full name; and</text> </paragraph> <paragraph num="(b)"> <text>Date of the individual’s last day of employment;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Within 15 working days of adding the new employee, provide to the office complete documentation that the individual meets the requirements of this subtitle for the assignment, unless documentation already is on file in the office;</text> </paragraph> <paragraph num="C."> <text>Notify or require that a staff member notify the office within 24 hours of:</text> <paragraph num="(1)"> <text>The death of a child in care if the child died while at the child care home;</text> </paragraph> <paragraph num="(2)"> <text>The death of a child enrolled at the child care home if the child died of a contagious disease; and</text> </paragraph> <paragraph num="(3)"> <text>An injury to a child that occurs while the child is at the child care home or at an off-site activity which results in the child's being:</text> <paragraph num="(a)"> <text>Treated by a medical professional; or</text> </paragraph> <paragraph num="(b)"> <text>Admitted to a hospital;</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If a child has an injury or accident while in attendance, notify the child's parent:</text> <paragraph num="(1)"> <text>Immediately, if the child's injury is serious; or</text> </paragraph> <paragraph num="(2)"> <text>Within the same day, about any other injury and each accident which may result in injury;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Immediately notify the office of:</text> <paragraph num="(1)"> <text>The provider, a resident of the home, or an employee who is under investigation for:</text> <paragraph num="(a)"> <text>A criminal charge; or</text> </paragraph> <paragraph num="(b)"> <text>An allegation of child abuse or neglect; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A change at the child care home that may affect the status of the registration, including but not limited to:</text> <paragraph num="(a)"> <text>Individuals living on the premises;</text> </paragraph> <paragraph num="(b)"> <text>Operation of the child care home; or</text> </paragraph> <paragraph num="(c)"> <text>Telephone number;</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Within 5 working days after there is a new resident who is 18 years old or older:</text> <paragraph num="(1)"> <text>Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children or adults for information about the resident pursuant to COMAR 13A.18.02.02D(1); and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that the resident applies for a federal and State criminal background check pursuant to COMAR 13A.18.02.02C(1) and F; and</text> </paragraph> </paragraph> <paragraph num="G."> <text>Within 10 business days of receiving notice from the home’s supplier of water that the drinking water is contaminated, send a written notice of the contamination to the parent of each enrolled child that:</text> <paragraph num="(1)"> <text>Identifies the contaminants and their levels; and</text> </paragraph> <paragraph num="(2)"> <text>Describes the provider’s plan for dealing with the water contamination problem until the water is determined by the appropriate authority to be safe for consumption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Change of Operation."> <paragraph num="A."> <text>If a provider wishes to make any changes from the current registration, such as use of rooms not previously approved for child care, capacity, hours of operation, or age groups served, the provider shall request and receive written approval of the change from the office before implementing the change.</text> </paragraph> <paragraph num="B."> <text>After determining whether the proposed change meets the requirements of this subtitle, the office shall approve or disapprove the proposed change. If the change is approved, the office shall issue a revised registration indicating the change.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Variances."> <paragraph num="A."> <text>The office may grant a variance to a regulation under this subtitle:</text> <paragraph num="(1)"> <text>If the safeguards to a child's health, safety, or well-being are not diminished;</text> </paragraph> <paragraph num="(2)"> <text>When the provider presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and</text> </paragraph> <paragraph num="(3)"> <text>For a limited period of time as specified by the office, or for as long as the registration remains in effect and the provider continues to comply with the terms of the variance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 30 calendar days of receiving a completed request for a variance, the office shall notify the provider that the variance has been granted or denied.</text> </paragraph> <paragraph num="C."> <text>If a variance request is denied by a regional office of the Agency:</text> <paragraph num="(1)"> <text>The provider may appeal the denial to the Agency's central office; and</text> </paragraph> <paragraph num="(2)"> <text>The Agency's central office has the final determination of whether or not a variance is granted.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective June 24, 2013 (40:12 Md. R. 1043); March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, F amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04L adopted effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="04" heading="Operational Requirements"> <regulation prefix="Regulation" num=".01" heading="Hours of Care."> <paragraph num="A."> <text>A provider shall limit the hours of care to the approved hours of operation stated on the certificate of registration.</text> </paragraph> <paragraph num="B."> <text>A provider may not offer overnight care without prior written approval from the office.</text> </paragraph> <paragraph num="C."> <text>A provider who wishes to provide overnight care shall:</text> <paragraph num="(1)"> <text>Submit to the office a written plan of operation that includes:</text> <paragraph num="(a)"> <text>The number and ages of children to be served;</text> </paragraph> <paragraph num="(b)"> <text>A meal and snack schedule;</text> </paragraph> <paragraph num="(c)"> <text>The name of the overnight care substitute, if different from the daytime care substitute;</text> </paragraph> <paragraph num="(d)"> <text>A child supervision plan;</text> </paragraph> <paragraph num="(e)"> <text>A bedtime routine; and</text> </paragraph> <paragraph num="(f)"> <text>An evacuation plan for each room where a child in care will sleep; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Obtain the written approval of each child's parent for the child's sleeping arrangements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Child Capacity."> <paragraph num="A."> <text>The office shall determine the capacity of a large family child care home according to criteria established in:</text> <paragraph num="(1)"> <text>This subtitle affecting floor space, outdoor activity space, staffing, child supervision, equipment, ages of the children to be enrolled, and sanitary facilities; and</text> </paragraph> <paragraph num="(2)"> <text>Applicable codes, including but not limited to zoning, building, and fire codes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The maximum total capacity of a large family child care home is 12 children.</text> </paragraph> <paragraph num="C."> <text>The number of children present in care at any one time may not exceed the maximum child capacity number stated on the certificate of registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Enrollment and Attendance."> <paragraph num="A."> <text>A provider may enroll a child for care at the child care home only if the child's age group is approved for care, as indicated on the provider's current certificate of registration.</text> </paragraph> <paragraph num="B."> <text>All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.</text> </paragraph> <paragraph num="C."> <text>The office:</text> <paragraph num="(1)"> <text>Shall count as a child in care a resident who is younger than 6 years old; and</text> </paragraph> <paragraph num="(2)"> <text>May count as a child in care a child who is visiting the child care home if the child:</text> <paragraph num="(a)"> <text>Is younger than 8 years old and unaccompanied by an adult; or</text> </paragraph> <paragraph num="(b)"> <text>Cannot be sent home immediately.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The provider may not permit a child to remain in care for more than 14 hours in any 24-hour period on a regular basis without prior approval from the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Restriction of Operations."> <paragraph num="A."> <text>Upon determining that any of the following is unsuitable for the child care home, the office may restrict or reduce the provider's approved:</text> <paragraph num="(1)"> <text>Hours of care;</text> </paragraph> <paragraph num="(2)"> <text>Child care age groups; or</text> </paragraph> <paragraph num="(3)"> <text>Child capacity.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may base a restriction or reduction under §A of this regulation on any of the following factors:</text> <paragraph num="(1)"> <text>Space available, indoors or outdoors;</text> </paragraph> <paragraph num="(2)"> <text>Equipment available;</text> </paragraph> <paragraph num="(3)"> <text>Number and ages of residents in the child care home;</text> </paragraph> <paragraph num="(4)"> <text>Responsibility of the provider to care for another individual who may require special attention or care, including, but not limited to, an elderly resident or a child with a serious physical, emotional, or behavioral condition;</text> </paragraph> <paragraph num="(5)"> <text>Applicable fire, zoning, health, environmental, or other codes;</text> </paragraph> <paragraph num="(6)"> <text>Failure to comply with group size and staffing requirements set forth at COMAR 13A.18.08.03; or</text> </paragraph> <paragraph num="(7)"> <text>Other factors the office determines may cause a risk to a child's health, safety, or welfare.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A provider may appeal a restriction or reduction pursuant to §B of this regulation by filing a request for hearing:</text> <paragraph num="(1)"> <text>Not later than 20 calendar days after the notification of the office's action; or</text> </paragraph> <paragraph num="(2)"> <text>In the case of an emergency reduction in capacity, not later than 30 calendar days after the notification by the office of its decision to immediately reduce the number of children in care.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, C amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="05" heading="Home Environment and Equipment"> <regulation prefix="Regulation" num=".01" heading="Suitability of the Home."> <text>The child care home shall:</text> <paragraph num="A."> <text>Comply with all applicable State and local codes, including but not limited to zoning, building, plumbing, gas, electrical, sewage disposal, drinking water, environmental, health, and fire codes;</text> </paragraph> <paragraph num="B."> <text>Be in good repair;</text> </paragraph> <paragraph num="C."> <text>Be free of health or safety hazards, including infestation by insects and rodents;</text> </paragraph> <paragraph num="D."> <text>Have operable and safe utility services for lighting, heating, and cooking;</text> </paragraph> <paragraph num="E."> <text>Have a toilet in good working condition that is readily accessible to children in care; and</text> </paragraph> <paragraph num="F."> <text>Have an operable refrigerator and stove.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Accessibility."> <text>The provider shall ensure that an access road on the child care home property permits passage by emergency vehicles during times when children are in care.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Rooms Used for Care."> <paragraph num="A."> <text>An area of the home may be used for child care only if it:</text> <paragraph num="(1)"> <text>Has been approved for use by the office;</text> </paragraph> <paragraph num="(2)"> <text>Meets the requirements of all applicable fire codes; and</text> </paragraph> <paragraph num="(3)"> <text>Does not have a condition that may pose a risk to the health, safety, or welfare of the children in care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The space used for child care purposes may include space within the family living area of the residence.</text> </paragraph> <paragraph num="C."> <text>A minimum of 35 square feet of floor space shall be provided for each child in care, except that a minimum of 30 square feet of floor space shall be provided for each child in a large family child care home that was licensed as a small center before December 1, 1971.</text> </paragraph> <paragraph num="D."> <text>A child care home currently approved by the office to operate with less square footage per child than required by §C of this regulation may continue to operate with that reduced square footage as long as the:</text> <paragraph num="(1)"> <text>Provider demonstrates to the satisfaction of the office the impossibility of complying with the minimum square footage required by §C of this regulation while maintaining the economic viability of the program; and</text> </paragraph> <paragraph num="(2)"> <text>Office determines that the reduced square footage does not threaten the health, safety, or welfare of any child in care.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Calculation of the square footage of floor space provided for each child:</text> <paragraph num="(1)"> <text>May include furniture and equipment routinely used for child care purposes, such as but not limited to infant high chairs, diapering stations, tables and chairs used for program activities, and open shelves for storage of items belonging to children in care or related to program activities; and</text> </paragraph> <paragraph num="(2)"> <text>May not include any floor space, rooms, or areas within the area approved for child care that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, corridors, and equipment or storage space reserved for used by a resident.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If approved to provide care for infants or toddlers, the provider shall designate space for mothers to breastfeed or express breast milk that:</text> <paragraph num="(1)"> <text>Is not located in a bathroom;</text> </paragraph> <paragraph num="(2)"> <text>Has access to an electrical outlet;</text> </paragraph> <paragraph num="(3)"> <text>Has appropriate seating; and</text> </paragraph> <paragraph num="(4)"> <text>Has access to running water.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Home Repair and Maintenance."> <text>Maintenance, repair, or renovation activity performed at a child care home may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Lead-Safe Environment."> <paragraph num="A."> <text>A provider may not use paint with lead content on any:</text> <paragraph num="(1)"> <text>Exterior or interior surface of the child care home; or</text> </paragraph> <paragraph num="(2)"> <text>Material or equipment used for child care purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care home is a residential rental property constructed before 1978, which is an affected property as defined by Environment Article, §6-801(b), Annotated Code of Maryland, the provider shall submit a copy of the current lead risk reduction or lead free certificate.</text> </paragraph> <paragraph num="C."> <text>If the child care home was constructed before 1978 and is not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the provider shall:</text> <paragraph num="(1)"> <text>Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the home;</text> </paragraph> <paragraph num="(2)"> <text>If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead dust test:</text> <paragraph num="(a)"> <text>Conducted by an accredited visual inspector pursuant to COMAR 26.16.02.03B to meet the risk reduction standard, if the facility is an affected property; or</text> </paragraph> <paragraph num="(b)"> <text>Conducted in areas used for child care by an accredited risk assessor pursuant to COMAR 26.16.05.11, if the home is not an affected property; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a lead dust test is required under §C(2) of this regulation, obtain:</text> <paragraph num="(a)"> <text>A passing score on that test; and</text> </paragraph> <paragraph num="(b)"> <text>Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In a child care home constructed before 1978 and not certified lead free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing renovation which disturbs the painted surface of an interior or exterior area used for child care, the provider shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Ventilation and Temperature."> <text>A room may be used for child care only if it:</text> <paragraph num="A."> <text>Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;</text> </paragraph> <paragraph num="B."> <text>Is free of moisture and dampness; and</text> </paragraph> <paragraph num="C."> <text>Has a temperature at floor level of not less than 65°F.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Water Supply."> <paragraph num="A."> <text>The child care home shall have hot and cold running water, with hot water temperature not exceeding 120°F.</text> </paragraph> <paragraph num="B."> <text>There shall be at least one drinking water source that is:</text> <paragraph num="(1)"> <text>Safely accessible to children 2 years old or older without assistance from an adult; and</text> </paragraph> <paragraph num="(2)"> <text>Not located in a toilet room or in a sink used for hand washing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Drinking water shall be supplied by a source approved by the office.</text> </paragraph> <paragraph num="D."> <text>During meals and snacks, water may be served family-style from a pitcher if the water is poured into the pitcher directly from the source approved by the office pursuant to §C of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Sanitary Facilities and Supplies."> <paragraph num="A."> <text>Except as set forth at §B of this regulation, the provider shall provide one toilet and one sink that are:</text> <paragraph num="(1)"> <text>Maintained in good operating condition and in a sanitary manner;</text> </paragraph> <paragraph num="(2)"> <text>Easily accessible to the children; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For each group of children younger than 2 years old in a room, there shall be an approved diapering area with a sink that:</text> <paragraph num="(1)"> <text>Is used only for diapering and toileting purposes; and</text> </paragraph> <paragraph num="(2)"> <text>Permits continuous observation of, and immediate response to, each child in the group.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each toilet room shall have:</text> <paragraph num="(1)"> <text>A floor with a water-resistant, nonabsorbent finish;</text> </paragraph> <paragraph num="(2)"> <text>Smoothly finished walls with a hard surface; and</text> </paragraph> <paragraph num="(3)"> <text>Approved and functioning natural or mechanical ventilation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Portable toilets, also known as potty-chairs, may not be used.</text> </paragraph> <paragraph num="E."> <text>Each toilet room shall contain individual paper towels, a trash receptacle, soap, and toilet paper.</text> </paragraph> <paragraph num="F."> <text>All sanitary supplies in a toilet room shall be available within reach of a child capable of using the toilet unassisted.</text> </paragraph> <paragraph num="G."> <text>Toiletry and grooming articles, drinking cups, towels, face cloths, brushes, and combs may not be shared.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <paragraph num="A."> <text>There shall be sufficient natural and artificial lighting in all approved child care areas of the home to allow children to engage in activities safely, allow proper child supervision, and help ensure the safety of each child, employee, and visitor to the home.</text> </paragraph> <paragraph num="B."> <text>A provider shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.</text> </paragraph> <paragraph num="C."> <text>In a room approved for child care that does not have windows, a provider shall provide an approved source of lighting that will operate in case of a power failure.</text> </paragraph> <paragraph num="D."> <text>A provider shall provide adequate outdoor lighting to ensure the safety of persons entering and leaving the child care home when it is dark outside.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Telephone and Communication."> <paragraph num="A."> <text>There shall be at least one operable telephone in the child care home that is freely and readily available to all staff members during the approved hours of operation.</text> </paragraph> <paragraph num="B."> <text>In a child care home with more than two rooms approved for child care, a staff member supervising a group of children in one room shall be able to communicate a request for assistance to a staff member in another room while maintaining continuous supervision of the group.</text> </paragraph> <paragraph num="C."> <text>On each level of the child care home where care is provided to children younger than 2 years old, there shall be an operable telephone.</text> </paragraph> <paragraph num="D."> <text>The provider shall provide additional telephones or extensions in the child care home as may be required to:</text> <paragraph num="(1)"> <text>Summon emergency fire and rescue services promptly; and</text> </paragraph> <paragraph num="(2)"> <text>Transmit and receive other emergency communications.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Cleanliness and Sanitation."> <paragraph num="A."> <text>All of the space in the child care home approved for child care purposes, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.</text> </paragraph> <paragraph num="B."> <text>Cleaning may not be conducted while children are present except in emergencies or as cleanup activities that are part of the daily child care program.</text> </paragraph> <paragraph num="C."> <text>Disposal of Refuse.</text> <paragraph num="(1)"> <text>Each room used for child care shall have a trash container with a disposable liner.</text> </paragraph> <paragraph num="(2)"> <text>In each area used for changing diapers, there shall be a separate trash container reserved for diaper discards that:</text> <paragraph num="(a)"> <text>Has a disposable liner and tightly fitting lid; and</text> </paragraph> <paragraph num="(b)"> <text>Makes the contents of the container inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All trash containers in child care areas shall be emptied when full but at least daily.</text> </paragraph> <paragraph num="(4)"> <text>Refuse that is placed outdoors to await collection shall be stored in receptacles that are:</text> <paragraph num="(a)"> <text>Made of tight, nonabsorbent, easily washable materials;</text> </paragraph> <paragraph num="(b)"> <text>Covered with tightly fitting lids; and</text> </paragraph> <paragraph num="(c)"> <text>Washed and treated with disinfectant when necessary to combat odors and prevent infestation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Outdoor Activity Area."> <paragraph num="A."> <text>A child care home shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the home that provides adequate usable play space for the approved capacity of the home.</text> </paragraph> <paragraph num="B."> <text>Usable Outdoor Play Space.</text> <paragraph num="(1)"> <text>Except as set forth at §B(2) of this regulation, a child care home shall have an outdoor activity area that provides at least 75 square feet of usable play space for each child.</text> </paragraph> <paragraph num="(2)"> <text>A child care home that was originally licensed as a small center, and for which a notice of intent filed pursuant to COMAR 13A.16.02.02A(2) as part of an application for a child care center license was received by the office before January 1, 2009, shall have an outdoor activity area that provides ample usable play space for all of the children in attendance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Usable play space may include only the area and the activity equipment approved for use by children in care.</text> </paragraph> <paragraph num="D."> <text>The activity area shall be free from potential hazards to child health or safety.</text> </paragraph> <paragraph num="E."> <text>All outdoor activity equipment shall be safe, in good repair, clean, and nontoxic.</text> </paragraph> <paragraph num="F."> <text>If required by the office, the outdoor activity area shall be enclosed to protect children in care from accessible hazards such as a heavily trafficked area, a body of water, or environmental hazards.</text> </paragraph> <paragraph num="G."> <text>A child may not be allowed to:</text> <paragraph num="(1)"> <text>play on climbing equipment from which the child can fall 7 feet or more to the ground;</text> </paragraph> <paragraph num="(2)"> <text>Use unsafe activity equipment;</text> </paragraph> <paragraph num="(3)"> <text>Use activity equipment in an unsafe manner; or</text> </paragraph> <paragraph num="(4)"> <text>Wear a clothing item or accessory that may pose a hazard to the child while engaged in the activity.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The provider shall ensure that children use suitable protective gear when engaged in an activity for which protective gear is required by law.</text> </paragraph> <paragraph num="I."> <text>Trampolines.</text> <paragraph num="(1)"> <text>A child in care may not be allowed to use a trampoline.</text> </paragraph> <paragraph num="(2)"> <text>The provider shall make a trampoline located on the premises of the child care home inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:</text> <paragraph num="(1)"> <text>Fence that surrounds the pool at least 4 feet in height;</text> </paragraph> <paragraph num="(2)"> <text>Self-closing and self-latching mechanism on the gate, door, or access to the pool;</text> </paragraph> <paragraph num="(3)"> <text>Lock that is operable and secured; and</text> </paragraph> <paragraph num="(4)"> <text>Sensor or alarm in the pool and on the access door.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Swimming Facilities."> <paragraph num="A."> <text>A provider or substitute may permit children in care to use only swimming facilities that:</text> <paragraph num="(1)"> <text>Are subject to State or local standards of health, sanitation, and safety; and</text> </paragraph> <paragraph num="(2)"> <text>Meet those standards.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An above-ground swimming pool:</text> <paragraph num="(1)"> <text>May not be used for swimming activities; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be made inaccessible to children in care.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 14, 2014 (41:7 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F adopted effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12J adopted effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13C amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="06" heading="Provider and Staff Requirements"> <regulation prefix="Regulation" num=".01" heading="Minimum Staff Age."> <text>A staff member in a child care home may not be younger than 16 years old.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Staff Orientation."> <text>On or before assignment, a provider shall ensure and document that each staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:</text> <paragraph num="A."> <text>The location of the telephone and emergency telephone numbers;</text> </paragraph> <paragraph num="B."> <text>The location of each child's emergency form;</text> </paragraph> <paragraph num="C."> <text>Emergency and disaster plan contents;</text> </paragraph> <paragraph num="D."> <text>Identity of the staff members who:</text> <paragraph num="(1)"> <text>Are currently certified in first aid and CPR; and</text> </paragraph> <paragraph num="(2)"> <text>Have completed approved training in medication administration;</text> </paragraph> </paragraph> <paragraph num="E."> <text>The identity of the individuals who are required to be available to provide emergency coverage pursuant to COMAR 13A.18.08.02D;</text> </paragraph> <paragraph num="F."> <text>Hand washing and diapering procedures approved by the office;</text> </paragraph> <paragraph num="G."> <text>The child care home's child discipline policy;</text> </paragraph> <paragraph num="H."> <text>The requirements and procedures for reporting suspected child abuse and neglect according to Family Law Article, §§5-704—5-705, Annotated Code of Maryland;</text> </paragraph> <paragraph num="I."> <text>Signs and symptoms of abuse and neglect in children;</text> </paragraph> <paragraph num="J."> <text>The community resources available to a family of a child who may have special needs; and</text> </paragraph> <paragraph num="K."> <text>The contents of the current version of this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suitability for Employment."> <paragraph num="A."> <text>A provider may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:</text> <paragraph num="(1)"> <text>A crime involving:</text> <paragraph num="(a)"> <text>A child;</text> </paragraph> <paragraph num="(b)"> <text>Cruelty to animals;</text> </paragraph> <paragraph num="(c)"> <text>Domestic violence of an intimate partner or spouse; or</text> </paragraph> <paragraph num="(d)"> <text>A weapons or firearms violation of federal or state laws;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A violent crime classified as a felony, including physical assault or battery;</text> </paragraph> <paragraph num="(4)"> <text>Abduction or kidnapping;</text> </paragraph> <paragraph num="(5)"> <text>Abuse of a child or an adult;</text> </paragraph> <paragraph num="(6)"> <text>Confinement of an unattended child;</text> </paragraph> <paragraph num="(7)"> <text>Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(8)"> <text>Perjury;</text> </paragraph> <paragraph num="(9)"> <text>Pornography;</text> </paragraph> <paragraph num="(10)"> <text>Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years;</text> </paragraph> <paragraph num="(11)"> <text>Reckless endangerment; or</text> </paragraph> <paragraph num="(12)"> <text>The felony of:</text> <paragraph num="(a)"> <text>Murder;</text> </paragraph> <paragraph num="(b)"> <text>Spousal abuse; or</text> </paragraph> <paragraph num="(c)"> <text>Arson.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If an individual has been identified at any time as responsible for child abuse or neglect or received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in §A of this regulation, the office:</text> <paragraph num="(1)"> <text>Shall assess, on the basis of the following factors, the individual's suitability for employment:</text> <paragraph num="(a)"> <text>The job position at the child care home for which the individual is applying or in which the individual is currently employed;</text> </paragraph> <paragraph num="(b)"> <text>The nature and seriousness of the incident, crime, or offense;</text> </paragraph> <paragraph num="(c)"> <text>How long ago the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(d)"> <text>The age of the individual at the time the incident, crime, or offense occurred;</text> </paragraph> <paragraph num="(e)"> <text>The individual's probation or parole status, if applicable; and</text> </paragraph> <paragraph num="(f)"> <text>Any other information the office considers pertinent; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Depending on the results of the assessment, shall permit or prohibit employment of the individual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Request for Reassessment.</text> <paragraph num="(1)"> <text>An individual who is prohibited from employment by the office pursuant to §B of this regulation may request the office to conduct a reassessment with respect to the incident, crime, or offense.</text> </paragraph> <paragraph num="(2)"> <text>For a reassessment request to be eligible for consideration:</text> <paragraph num="(a)"> <text>The request shall be in writing and shall include documentation, such as but not limited to letters of support or evaluation reports, pertinent to the incident, crime, or offense; and</text> </paragraph> <paragraph num="(b)"> <text>The individual may not have submitted a reassessment request, whether for the same or a different job position, within the previous 12 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In order to reach a decision on the request, the office may request additional information from the individual, the provider, or any agency or entity cited by the individual or the provider in connection with the reassessment request.</text> </paragraph> <paragraph num="(4)"> <text>Upon reaching a decision on the request, the office shall promptly notify the individual of that decision.</text> </paragraph> <paragraph num="(5)"> <text>The provider may not permit the individual to begin or to resume employment until the office has notified the provider that the individual may be employed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notification of Employment Prohibition.</text> <paragraph num="(1)"> <text>If the office, pursuant to this chapter, determines that an individual may not be employed at a child care home, the office shall notify the individual and the provider in writing of that decision and its basis.</text> </paragraph> <paragraph num="(2)"> <text>The written notification to the individual shall also:</text> <paragraph num="(a)"> <text>State that the individual may appeal the decision to the Office of Administrative Hearings (OAH); and</text> </paragraph> <paragraph num="(b)"> <text>Specify the requirements for submitting an appeal to the OAH.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Upon notification that an individual may not be employed, the provider:</text> <paragraph num="(1)"> <text>Shall promptly terminate the individual from employment or from consideration for employment, as applicable; and</text> </paragraph> <paragraph num="(2)"> <text>Unless the individual appeals the decision to the OAH and the appeal is concluded in favor of the individual, may not:</text> <paragraph num="(a)"> <text>Reconsider the individual for employment;</text> </paragraph> <paragraph num="(b)"> <text>Permit the individual to have any contact with an unrelated child in care; or</text> </paragraph> <paragraph num="(c)"> <text>Allow the individual on the premises of the child care home except to exercise parental responsibilities with respect to a related child in care.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>A provider may not allow an individual to serve, or to continue to serve, in a child care position for which the individual does not meet the employment qualification or training requirements set forth at Regulations .05—.07, as applicable, of this chapter, unless the individual is a substitute functioning in accordance with Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Staff Health."> <paragraph num="A."> <text>Medical Evaluation.</text> <paragraph num="(1)"> <text>A provider shall obtain a medical evaluation on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the child care home, from each prospective:</text> <paragraph num="(a)"> <text>Staff member; and</text> </paragraph> <paragraph num="(b)"> <text>Except for a health care professional serving as a consultant pursuant to Regulation .09C of this chapter, support staff who will be present at the child care home while children are in care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The medical evaluation shall include verification that the individual:</text> <paragraph num="(a)"> <text>Is free of communicable tuberculosis, if indicated; and</text> </paragraph> <paragraph num="(b)"> <text>If the applicant or a staff member, is capable of performing the duties of their position.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The medical evaluation may transfer directly from one child care home to another, or from a licensed child care center to the child care home, if the evaluation was completed within the previous 24 months of the transfer.</text> </paragraph> <paragraph num="(4)"> <text>The medical evaluation shall be updated every 2 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exclusion from Work. Except with the approval of the office and the health officer, a provider may not permit an individual with a serious transmissible infection or communicable disease listed on a chart supplied by the office to work at the child care home during the period of exclusion from child care recommended on the chart for that infection or disease.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Child Care Home Directors."> <paragraph num="A."> <text>Use of a Director.</text> <paragraph num="(1)"> <text>A provider may designate an individual to serve as the director of the child care home.</text> </paragraph> <paragraph num="(2)"> <text>If an individual is not designated by the provider as the director, the provider shall be the director of the child care home.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual designated as the director of a child care home shall meet the requirements of this regulation.</text> </paragraph> <paragraph num="C."> <text>The provider shall meet the requirements for qualifying as the director of a child care home.</text> </paragraph> <paragraph num="D."> <text>Except when engaged in occasional child care home-related activities or away on leave, the director shall be present in the child care home during at least 1/2 of the operating hours of the home each week to:</text> <paragraph num="(1)"> <text>Plan and supervise all aspects of the program for children;</text> </paragraph> <paragraph num="(2)"> <text>Supervise the staff; and</text> </paragraph> <paragraph num="(3)"> <text>Be available to staff, parents, and children.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as set forth at §F of this regulation, to qualify as a director in a large family child care home, an individual shall:</text> <paragraph num="(1)"> <text>Be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Hold a high school diploma or a certificate of high school equivalence, or have successfully completed at least 6 credits from an accredited college or university;</text> </paragraph> <paragraph num="(3)"> <text>Have successfully completed:</text> <paragraph num="(a)"> <text>9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit;</text> </paragraph> <paragraph num="(b)"> <text>3 semester hours or their equivalent of approved administrative training;</text> </paragraph> <paragraph num="(c)"> <text>Effective January 1, 2016:</text> <paragraph num="(i)"> <text>3 clock hours of approved training in ADA compliance; and</text> </paragraph> <paragraph num="(ii)"> <text>Approved training in supporting breastfeeding practices; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Effective January 1, 2020, approved basic health and safety training within 90 days of employment;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Have successfully completed 6 semester hours or 90 clock hours, or their equivalent, of approved preservice training, or hold the Child Development Associate National Credential that is issued by the Council for Professional Recognition;</text> </paragraph> <paragraph num="(5)"> <text>Unless previously approved by the office to direct a child care program serving children younger than 2 years old, have completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old; and</text> </paragraph> <paragraph num="(6)"> <text>Have completed 1 year of experience working directly with children in a registered child care home, licensed child care center, nursery school, church-operated school, or similar setting.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An individual is considered qualified as a director when that individual has:</text> <paragraph num="(1)"> <text>Completed training specified at §E(3)(c) and (d) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Received either:</text> <paragraph num="(a)"> <text>Approval by the Department as a teacher for early childhood education, including nursery school through third grade, and has 6 semester hours in early childhood education; or</text> </paragraph> <paragraph num="(b)"> <text>Certification by the Department or by any other state for early childhood education, including nursery school through third grade; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A director shall:</text> <paragraph num="(1)"> <text>Maintain the professional development plan received from the office;</text> </paragraph> <paragraph num="(2)"> <text>According to the professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of service as a director, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 6 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(4)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Family Child Care Teachers."> <paragraph num="A."> <text>A family child care teacher in a child care home shall be 19 years old or older.</text> </paragraph> <paragraph num="B."> <text>To qualify or continue to qualify as a family child care teacher, an individual:</text> <paragraph num="(1)"> <text>Shall hold or have successfully completed:</text> <paragraph num="(a)"> <text>A high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university;</text> </paragraph> <paragraph num="(b)"> <text>9 clock hours of approved preservice training in communicating with staff, parents, and the public or at least one academic college course for credit;</text> </paragraph> <paragraph num="(c)"> <text>Approved preservice training in child development and curriculum documented by:</text> <paragraph num="(i)"> <text>6 semester hours or 90 clock hours or their equivalent;</text> </paragraph> <paragraph num="(ii)"> <text>The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or</text> </paragraph> <paragraph num="(iii)"> <text>Accreditation by the National Association for Family Child Care as a family child care provider;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>3 clock hours of approved training in complying with the Americans with Disabilities Act; and</text> </paragraph> <paragraph num="(e)"> <text>Effective January 1, 2020, approved basic health and safety training within 90 days of employment; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Shall have completed at least one of the following:</text> <paragraph num="(a)"> <text>1 year of experience working under supervision with children in licensed child care center, nursery school, church-operated school, or similar setting;</text> </paragraph> <paragraph num="(b)"> <text>1 year of experience as a registered family child care provider; or</text> </paragraph> <paragraph num="(c)"> <text>1 year of college, or a combination of experience and college that together are equivalent to 1 year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>An individual shall qualify as a family child care teacher if the individual has met the requirements of §B of this regulation and:</text> <paragraph num="(1)"> <text>Holds an associate's or higher degree with approved courses in early childhood education;</text> </paragraph> <paragraph num="(2)"> <text>Qualified before July 1, 2008, as a child care teacher in a licensed child care center and has been continuously employed since that time at the same or another licensed child care center;</text> </paragraph> <paragraph num="(3)"> <text>Has been approved as a teacher by the Department for early childhood in nursery school through third grade; or</text> </paragraph> <paragraph num="(4)"> <text>Is certified by the Department or by any other state for early childhood in nursery school through third grade.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A family child care teacher in a child care home shall:</text> <paragraph num="(1)"> <text>According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 6 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 6 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(3)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Before a family child care teacher may supervise a child younger than 2 years old, the individual shall:</text> <paragraph num="(1)"> <text>Effective January 1, 2016, complete approved training in supporting breastfeeding practices; and</text> </paragraph> <paragraph num="(2)"> <text>Unless previously qualified by the office to supervise an infant or a toddler:</text> <paragraph num="(a)"> <text>Meet the requirements of §§A and B of this regulation and have completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old; or</text> </paragraph> <paragraph num="(b)"> <text>Be 19 years old or older and:</text> <paragraph num="(i)"> <text>Meet the requirements of §B(1)(a), (b), (d), (e), and (2) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>Have completed 6 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06-1" heading="Probationary Family Child Care Teachers."> <paragraph num="A."> <text>An individual who has not met the requirements specified in Regulation .06 of this chapter is eligible for employment as a family child care teacher for children 3 years old and older in a child care home for a probationary period of up to 6 months if the individual:</text> <paragraph num="(1)"> <text>Is applying for employment as a family child care teacher for the first time in a Maryland center or home;</text> </paragraph> <paragraph num="(2)"> <text>Is 19 years old or older;</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(4)"> <text>Is enrolled in the approved basic health and safety training; and</text> </paragraph> <paragraph num="(5)"> <text>Meets the requirements of §B or C of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in:</text> <paragraph num="(a)"> <text>Early childhood education;</text> </paragraph> <paragraph num="(b)"> <text>Elementary education;</text> </paragraph> <paragraph num="(c)"> <text>Child development;</text> </paragraph> <paragraph num="(d)"> <text>Home economics;</text> </paragraph> <paragraph num="(e)"> <text>Nursing;</text> </paragraph> <paragraph num="(f)"> <text>Social work;</text> </paragraph> <paragraph num="(g)"> <text>Special education; or</text> </paragraph> <paragraph num="(h)"> <text>A related field approved by the Department; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is enrolled in a 90-hour or 6 semester hours of approved preservice training.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual meets the requirements of §A(5) of this regulation, if the individual:</text> <paragraph num="(1)"> <text>Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A probationary employee shall complete:</text> <paragraph num="(1)"> <text>The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment;</text> </paragraph> <paragraph num="(2)"> <text>The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and</text> </paragraph> <paragraph num="(3)"> <text>The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a family child care home shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the child care home.</text> </paragraph> <paragraph num="F."> <text>If a family child care home requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may:</text> <paragraph num="(1)"> <text>Without further cause, deny the request and direct the family child care home to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the child care home; or</text> </paragraph> <paragraph num="(2)"> <text>Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the child care home for a period of time determined by the Department and approved by the Superintendent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Aides."> <paragraph num="A."> <text>An aide shall:</text> <paragraph num="(1)"> <text>Be 16 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Work under the direct supervision of the provider or the family child care teacher in charge of the group of children to which the aide is assigned;</text> </paragraph> <paragraph num="(3)"> <text>Effective January 1, 2020, complete the approved basic health and safety training within 90 days of employment;</text> </paragraph> <paragraph num="(4)"> <text>According to the individual’s professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as a child care aide, that consists of a:</text> <paragraph num="(a)"> <text>Minimum of 3 clock hours of core of knowledge training; and</text> </paragraph> <paragraph num="(b)"> <text>Maximum of 3 clock hours of elective training;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Document completion of the continued training on the professional development plan; and</text> </paragraph> <paragraph num="(6)"> <text>Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless an individual has completed 90 clock hours or the equivalent in early childhood education preservice training, and except as set forth in §C of this regulation, an individual hired to work as an aide shall complete, within 6 months after the date of hire, an orientation session that follows guidelines established by the office and includes, but is not limited to:</text> <paragraph num="(1)"> <text>Proper child supervision;</text> </paragraph> <paragraph num="(2)"> <text>Workplace professionalism; and</text> </paragraph> <paragraph num="(3)"> <text>Interacting with parents.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The requirement to complete an orientation session, as set forth at §B of this regulation, does not apply to an individual hired to work as an aide before January 1, 2009.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Substitutes."> <paragraph num="A."> <text>When a staff member is absent, a substitute for that staff member shall be provided as needed to maintain the staff/child ratios required by COMAR 13A.18.08.03.</text> </paragraph> <paragraph num="B."> <text>A substitute shall:</text> <paragraph num="(1)"> <text>Be 18 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Be familiar with this subtitle;</text> </paragraph> <paragraph num="(3)"> <text>Complete, sign, and submit to the office the required forms for substitutes, which include permission to examine records of abuse and neglect of children;</text> </paragraph> <paragraph num="(4)"> <text>Apply for a federal and State criminal background check at a designated law enforcement office in the State; and</text> </paragraph> <paragraph num="(5)"> <text>Present no risk to the health, safety, or welfare of children.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a substitute is needed for longer than a continuous 2-week period, the provider shall provide a substitute who meets the qualifications required in this chapter for the absent staff member, or demonstrate that reasonable efforts have been made, with no success, to obtain a qualified substitute.</text> </paragraph> <paragraph num="D."> <text>If a staff member is absent for more than a continuous 2-week period due to family or medical leave, the provider may receive permission from the office to employ a substitute for that absent staff member who does not meet the education, training, and experience qualifications for the absent staff member's position.</text> </paragraph> <paragraph num="E."> <text>Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §B(4) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:</text> <paragraph num="(1)"> <text>Apply for a state criminal background check to be performed by a duly authorized entity within that state; and</text> </paragraph> <paragraph num="(2)"> <text>Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Support Personnel."> <paragraph num="A."> <text>Except as set forth at §B of this regulation, the provider shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.</text> </paragraph> <paragraph num="B."> <text>Additional staff need not be provided if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.</text> </paragraph> <paragraph num="C."> <text>A child care home that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other registered or certified service professional as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Volunteers."> <paragraph num="A."> <text>A child care home volunteer shall be under the close supervision of the provider or a staff member whenever the volunteer is in contact with an unrelated child in care at the home.</text> </paragraph> <paragraph num="B."> <text>The provider may not use as a volunteer an individual who has not successfully passed a criminal background check or a review of records of abuse and neglect of children or adults pursuant to COMAR 13A.18.02.02C or D(1).</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et; seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective January 13, 2020 (47:1 Md. R. 17); April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423); April 18, 2022 (49:8 Md. R. 500)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E—G amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective June 24, 2013 (40:12 Md. R. 1043); July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F repealed effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06-1 adopted effective November 13, 2023 (50:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="07" heading="Child Protection"> <regulation prefix="Regulation" num=".01" heading="Prohibition of Abuse, Neglect, and Injurious Treatment."> <text>A provider, employee, substitute, volunteer, individual residing on the premises of the child care home, or other individual connected with the home may not subject a child to abuse, neglect, mental injury, or injurious treatment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Abuse/Neglect Reporting."> <paragraph num="A."> <text>A provider, employee, substitute, or volunteer who has reason to believe that a child has been:</text> <paragraph num="(1)"> <text>Abused, inside or outside of the child care home, shall report that belief directly to the protective services unit of the local department or to a law enforcement agency, as required under Maryland law; or</text> </paragraph> <paragraph num="(2)"> <text>Neglected, inside or outside of the child care home, shall report that belief directly to the protective services unit of the local department as required under Maryland law.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a child has been subjected to injurious treatment, it shall be reported to the office.</text> </paragraph> <paragraph num="C."> <text>A provider shall:</text> <paragraph num="(1)"> <text>Instruct the staff to monitor all children daily for signs and symptoms of child abuse and neglect;</text> </paragraph> <paragraph num="(2)"> <text>Instruct the staff about their legal obligations to report suspected child abuse or neglect directly to the local department or the appropriate law enforcement agency; and</text> </paragraph> <paragraph num="(3)"> <text>Post, near each telephone in the child care home, the telephone numbers of the Child Protective Services unit of the local department and the appropriate law enforcement agency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A provider may not require an employee, substitute, or volunteer to report through the provider, rather than directly to the local department or a law enforcement agency, when the employee, substitute, or volunteer has reason to believe that a child has been abused or neglected.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Child Discipline."> <paragraph num="A."> <text>Child discipline shall be:</text> <paragraph num="(1)"> <text>Appropriate to the age, maturity, and physical condition of the child; and</text> </paragraph> <paragraph num="(2)"> <text>Consistent with the requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provider, an employee, substitute, volunteer, or other individual connected to the child care home may not:</text> <paragraph num="(1)"> <text>Force a child to eat or drink;</text> </paragraph> <paragraph num="(2)"> <text>Punish a child for refusing to eat or drink;</text> </paragraph> <paragraph num="(3)"> <text>Withhold food or beverages as punishment; or</text> </paragraph> <paragraph num="(4)"> <text>Spank, hit, shake, or use any other means of physical discipline.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The provider shall:</text> <paragraph num="(1)"> <text>Prepare a written child discipline policy that states the:</text> <paragraph num="(a)"> <text>Discipline methods used at the child care home; and</text> </paragraph> <paragraph num="(b)"> <text>The circumstances under which the child discipline methods may be applied;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Make the child discipline policy available to:</text> <paragraph num="(a)"> <text>The parent of each child in care;</text> </paragraph> <paragraph num="(b)"> <text>A parent who is considering whether to enroll their children; and</text> </paragraph> <paragraph num="(c)"> <text>The office; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Ensure that the child discipline policy is followed by each employee, substitute, volunteer, and other individual connected with the child care home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Parental Access."> <text>A provider shall permit the parent of a child in care to:</text> <paragraph num="A."> <text>Freely observe all areas of the child care home used for child care during operating hours; and</text> </paragraph> <paragraph num="B."> <text>Have access to the parent's child at any time during the child care home's hours of operation, without appointment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Authorized Release."> <paragraph num="A."> <text>A provider shall ensure that a staff member releases a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified.</text> </paragraph> <paragraph num="B."> <text>If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Child Security."> <paragraph num="A."> <text>The provider shall ensure the safety and security of each child at all times.</text> </paragraph> <paragraph num="B."> <text>Whenever an area of the child care home is being used for a child care activity and children are present, the provider may not permit the area to be used at the same time for any other purpose without prior approval of the office.</text> </paragraph> <paragraph num="C."> <text>Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, the individual may not be alone with an unrelated child in care.</text> </paragraph> <paragraph num="D."> <text>An employee or staff member who has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, shall:</text> <paragraph num="(1)"> <text>Accompany a child whenever the child is in the presence of another individual, unless the individual is:</text> <paragraph num="(a)"> <text>Another child in care;</text> </paragraph> <paragraph num="(b)"> <text>A health service consultant used by the facility provider pursuant to COMAR 13A.18.06.09C;</text> </paragraph> <paragraph num="(c)"> <text>The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, academic, or other service to the child; or</text> </paragraph> <paragraph num="(e)"> <text>During an off-site activity, another child's parent or guardian, who is designated in writing by the provider to assist in transporting children to or from the child care home; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless documentation is on file at the child care home that an independent contractor performing a service at the child care home has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area where children are present.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Activity Not Conducted by a Staff Member.</text> <paragraph num="(1)"> <text>An activity involving the participation of children that is not conducted or led by a staff member is not permitted unless an appropriately qualified staff member is present throughout the activity to supervise the children.</text> </paragraph> <paragraph num="(2)"> <text>A child may not participate in the activity unless the provider has received prior written permission from the child's parent or guardian for the child's participation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="08" heading="Child Supervision"> <regulation prefix="Regulation" num=".01" heading="Individualized Attention and Care."> <text>A provider shall ensure that:</text> <paragraph num="A."> <text>Each child receives:</text> <paragraph num="(1)"> <text>Attention to the child’s individual needs, including but not limited to:</text> <paragraph num="(a)"> <text>Making reasonable accommodations for a child with a disability; and</text> </paragraph> <paragraph num="(b)"> <text>Allowing an adult who provides specialized services to a child access to provide those services on the facility premises as specified in the child’s individual education plan, individual family service plan, or written behavioral plan; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Adequate supervision and care at all times which is:</text> <paragraph num="(a)"> <text>Provided only by individuals who are designated by the provider to provide supervision and care; and</text> </paragraph> <paragraph num="(b)"> <text>Appropriate to the individual age, needs, and capabilities of the child;</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Each staff member providing care to a child is:</text> <paragraph num="(1)"> <text>Oriented to the child's individual care needs; and</text> </paragraph> <paragraph num="(2)"> <text>Prepared to provide the appropriate individual care;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used to meet the child's individual care needs;</text> </paragraph> <paragraph num="D."> <text>A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as scissors, sharp tools, or knives; and</text> </paragraph> <paragraph num="E."> <text>A child is allowed to travel to or from school or a school transportation site without adult supervision only if:</text> <paragraph num="(1)"> <text>The child is in the first or a higher grade; and</text> </paragraph> <paragraph num="(2)"> <text>The child's parent and the provider agree in writing that the child can travel safely without adult supervision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Supervision by Qualified Staff."> <paragraph num="A."> <text>At all times while in care, each child shall be assigned to a group of children that is supervised by a family child care teacher who meets the requirements of COMAR 13A.18.06.06.</text> </paragraph> <paragraph num="B."> <text>The provider shall assign qualified family child care teachers to each group of children as needed to meet the requirements for group size and staffing set forth at Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>A child younger than 2 years old may be handled or fed only by an individual designated to do so by the provider.</text> </paragraph> <paragraph num="D."> <text>Staff Availability.</text> <paragraph num="(1)"> <text>In case of a temporary absence from the child care home of the provider or, if applicable, the director:</text> <paragraph num="(a)"> <text>The provider shall designate a family child care teacher to be present and in charge of the child care home; or</text> </paragraph> <paragraph num="(b)"> <text>If a family child care teacher is not available, the provider shall direct the provider’s substitute to be present and in charge of the child care home.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the only children in attendance are 2 years old or older and only one staff member is needed to meet staff/child ratio requirements, the provider shall have a written, signed, and dated agreement from an adult who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records and is willing and able to be at the child care home within 15 minutes of notification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Group Size and Staffing."> <paragraph num="A."> <text>Assignment of Staff. One or more family child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—G of this regulation.</text> </paragraph> <paragraph num="B."> <text>Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.</text> </paragraph> <paragraph num="C."> <text>Same-Age Groups. In a group of children of the same age, the following staff/child ratio and maximum group size requirements apply:</text> </paragraph> <paragraph num="D."> <text>Groups of Children Younger than 2 Years Old. In a group of children where each child is younger than 2 years old, the following staff/child ratio and maximum group size requirements apply:</text> </paragraph> <paragraph num="E."> <text>Mixed-Age Groups with Children Younger than 2 Years Old. In a group where children younger than 2 years old are mixed with children 2 years old or older, the following minimum staffing levels and maximum group size requirements apply:</text> </paragraph> <paragraph num="F."> <text>Mixed-Age Groups with Children 2 Years Old or Older.</text> <paragraph num="(1)"> <text>In a mixed age group with children who are 3 years old or older, the staff to child ratio is 1 to 10.</text> </paragraph> <paragraph num="(2)"> <text>In mixed-age groups of varying sizes that include children who are 2 years old, the following minimum staffing levels apply:</text> </paragraph> </paragraph> <paragraph num="G."> <text>Group Size and Staffing in Approved Educational Programs.</text> <paragraph num="(1)"> <text>During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:</text> </paragraph> <paragraph num="(2)"> <text>A nursery school may not exceed a staff/child ratio or group size requirement set forth at §G(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.</text> </paragraph> <paragraph num="(3)"> <text>When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Variations in Group Size."> <text>Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the provider maintains the staff/child ratios required by this chapter.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Supervision During Water Activities."> <paragraph num="A."> <text>A provider shall have prior written approval from a child's parent for the child's participation in a water activity.</text> </paragraph> <paragraph num="B."> <text>If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.</text> </paragraph> <paragraph num="C."> <text>If the water exceeds 4 feet in depth, there shall be a lifeguard present who:</text> <paragraph num="(1)"> <text>Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;</text> </paragraph> <paragraph num="(2)"> <text>Is present at waterside during the swimming activity; and</text> </paragraph> <paragraph num="(3)"> <text>Is not included in the required staff/child ratio.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Supervision During Transportation."> <text>When child transportation is conducted to or from:</text> <paragraph num="A."> <text>The child care home by the provider, there shall be at least one adult other than the driver present in the vehicle if:</text> <paragraph num="(1)"> <text>More than eight preschoolers are being transported as a group; or</text> </paragraph> <paragraph num="(2)"> <text>At least one child is being transported and the driver of the vehicle is not:</text> <paragraph num="(a)"> <text>A child care home employee; or</text> </paragraph> <paragraph num="(b)"> <text>The parent of a child in care who is authorized by the provider to assist in transporting children in care; or</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An off-site activity by an independent contractor and at least one child in care is being transported, the provider shall ensure that there is at least one adult, other than the driver present in the vehicle, who has successfully passed federal and state criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.18.07.06D.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Playground Supervision."> <text>When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:</text> <paragraph num="A."> <text>Station themselves among the children so that immediate intervention can occur if necessary; and</text> </paragraph> <paragraph num="B."> <text>If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Rest Time Supervision."> <paragraph num="A."> <text>During a rest period for a group of children who are younger than 2 years old:</text> <paragraph num="(1)"> <text>The required staff/child ratio applicable to that group shall be maintained; and</text> </paragraph> <paragraph num="(2)"> <text>Each staff member assigned to the group shall remain with the children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>During a rest period for a group of children who are 2 years old or older:</text> <paragraph num="(1)"> <text>The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and</text> </paragraph> <paragraph num="(2)"> <text>Once all the children in the group are resting quietly:</text> <paragraph num="(a)"> <text>At least one family child care teacher or aide assigned to the group shall continue to remain in the room with the children; and</text> </paragraph> <paragraph num="(b)"> <text>Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>To determine if a resting child is safe, breathing normally, and in no physical distress:</text> <paragraph num="(1)"> <text>Each resting child shall be observed at intervals of at least every 15 minutes; and</text> </paragraph> <paragraph num="(2)"> <text>A resting child younger than 12 months old shall be observed at least every 15 minutes.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G adopted effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, C amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="09" heading="Program Requirements"> <regulation prefix="Regulation" num=".01" heading="Schedule of Daily Activities for All Children."> <paragraph num="A."> <text>The provider shall prepare, post, and follow a written schedule of daily activities and offer activities that:</text> <paragraph num="(1)"> <text>Promote the sound emotional, social, intellectual, and physical growth of each child;</text> </paragraph> <paragraph num="(2)"> <text>Are appropriate to the age, needs, and capabilities of the individual child based on the current recommendations of the American Academy of Pediatrics, such as short periods of tummy time, under adult supervision, while awake for a child under 12 months old;</text> </paragraph> <paragraph num="(3)"> <text>Include opportunities for individual and group participation;</text> </paragraph> <paragraph num="(4)"> <text>Include a balance between self-selected and staff-directed activities;</text> </paragraph> <paragraph num="(5)"> <text>Include a balance between active and quiet periods;</text> </paragraph> <paragraph num="(6)"> <text>Include periods of rest appropriate to the age, needs, and activities of the child; and</text> </paragraph> <paragraph num="(7)"> <text>Include outdoor play in the morning and afternoon except that outdoor play need not be included:</text> <paragraph num="(a)"> <text>When the weather is inclement; or</text> </paragraph> <paragraph num="(b)"> <text>In a before-school program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A before-school and after-school program schedule of activities shall take into consideration that the child has attended an instructional program during regular school hours.</text> </paragraph> <paragraph num="C."> <text>Screen Time Activities.</text> <paragraph num="(1)"> <text>Definitions. In this section, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Interactive technology” means educational and age-appropriate technology, including programs, applications (apps), noncommercial television programming, videos, streaming media, and ebooks, that is designed to:</text> <paragraph num="(i)"> <text>Facilitate active and creative use of technology; and</text> </paragraph> <paragraph num="(ii)"> <text>Encourage social engagement with other children and adults.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Passive technology” means noninteractive television, videos, and streaming media.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Limited use of appropriate interactive technology may support, but may not replace, creative play, physical activity, hands-on exploration, outdoor experiences, social interactions, and other developmentally appropriate learning activities for children 2 years old or older.</text> </paragraph> <paragraph num="(3)"> <text>Viewing Restrictions. Except as set forth in §C(4) of this regulation, a child in attendance who is:</text> <paragraph num="(a)"> <text>Younger than 2 years old may not be permitted to view any passive technology; and</text> </paragraph> <paragraph num="(b)"> <text>2 years old or older may not be permitted to view more than 30 minutes of age-appropriate, educational passive technology per week.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>An occasional exception to the weekly passive technology viewing limit set forth in §C(3) of this regulation may be made for a special event or project, including a holiday or birthday celebration, or for educational content that is related to the child care home's curriculum.</text> </paragraph> <paragraph num="(b)"> <text>If an exception to the weekly passive technology viewing limit is made, a written record of the exception shall be made and retained on file that documents the:</text> <paragraph num="(i)"> <text>Nature and duration of the programming viewed; and</text> </paragraph> <paragraph num="(ii)"> <text>Reason for the exception.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>No child may be permitted to view any:</text> <paragraph num="(a)"> <text>Passive or interactive technology during a meal or a snack; or</text> </paragraph> <paragraph num="(b)"> <text>Media with brand placement or advertising for unhealthy or sugary food or beverages.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The provider shall give the parent of each enrolled child a written screen time policy that addresses the use of passive and interactive technology during child care hours.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Activity Plans for Infants and Toddlers."> <paragraph num="A."> <text>A provider shall assign one staff member primary responsibility for each infant and toddler in care during each staff shift.</text> </paragraph> <paragraph num="B."> <text>Upon enrollment of an infant or a toddler, the provider shall, in consultation with the parent of the child, prepare a written individualized activity plan for the child that:</text> <paragraph num="(1)"> <text>Addresses the child's normal pattern of activities, sleeping, and eating;</text> </paragraph> <paragraph num="(2)"> <text>Is consistent with the child's needs and capabilities;</text> </paragraph> <paragraph num="(3)"> <text>Identifies the staff member who is assigned primary responsibility for the care of the child during each staff shift;</text> </paragraph> <paragraph num="(4)"> <text>Ensures that the child is:</text> <paragraph num="(a)"> <text>Held, played with, and talked to;</text> </paragraph> <paragraph num="(b)"> <text>Except when sleeping, given opportunities to sit, crawl, toddle, or walk outside the infant's crib or playpen;</text> </paragraph> <paragraph num="(c)"> <text>Except in inclement weather, taken outdoors daily; and</text> </paragraph> <paragraph num="(d)"> <text>Diapered as needed and in accordance with the approved diapering procedure.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>For an infant or a toddler, the written activity plan required at the time of the child's admission to care shall be:</text> <paragraph num="(1)"> <text>Available for reference in the space used by the child's group;</text> </paragraph> <paragraph num="(2)"> <text>Implemented by each staff member having responsibility for care of the child;</text> </paragraph> <paragraph num="(3)"> <text>Modified in consultation with the child's parent as necessitated by the child's developmental needs; and</text> </paragraph> <paragraph num="(4)"> <text>Reevaluated at least every 3 months.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon the request of a parent of a child in care, the provider shall assist the parent with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening for the child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Activity Materials, Equipment, and Furnishings."> <paragraph num="A."> <text>For indoor and outdoor activities, a provider shall provide to each group of children in care a sufficient quantity and variety of activity materials, equipment, and furnishings according to the numbers, ages, and developmental needs of the children.</text> </paragraph> <paragraph num="B."> <text>Activity materials and equipment shall be:</text> <paragraph num="(1)"> <text>Provided for:</text> <paragraph num="(a)"> <text>Vigorous play;</text> </paragraph> <paragraph num="(b)"> <text>Creative and dramatic play;</text> </paragraph> <paragraph num="(c)"> <text>Socialization;</text> </paragraph> <paragraph num="(d)"> <text>Manipulation, including construction materials;</text> </paragraph> <paragraph num="(e)"> <text>Exploration of art, music, language arts, and science; and</text> </paragraph> <paragraph num="(f)"> <text>Individual pursuits;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Appropriate to each child's individual development of cognitive, social, emotional, and fine and gross motor skills;</text> </paragraph> <paragraph num="(3)"> <text>Easily accessible to each child for whose use they are intended;</text> </paragraph> <paragraph num="(4)"> <text>In good repair, clean, nontoxic, and free from hazards including lead paint; and</text> </paragraph> <paragraph num="(5)"> <text>Culturally sensitive and representative of the children in care.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In reviewing materials and equipment in before-school and after-school programs, the office shall take into consideration that the child has attended an instructional program during regular school hours.</text> </paragraph> <paragraph num="D."> <text>Furnishings used by a child in care:</text> <paragraph num="(1)"> <text>May include furniture and other furnishings used by residents in the child care home; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be scaled in proportion to the child's size.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Rest Furnishings."> <paragraph num="A."> <text>There shall be:</text> <paragraph num="(1)"> <text>A suitable cot or mat for each child 12 months old to 5 years old present in the child care home for more than 4 hours, and for children 5 years old or older who regularly take rest periods in the child care home;</text> </paragraph> <paragraph num="(2)"> <text>A suitable bed for each child who is 12 months old or older and who is present in the child care home during those hours which are usual nighttime sleep hours for that child;</text> </paragraph> <paragraph num="(3)"> <text>An adequate supply of clean bedding provided for each child who takes rest periods at the child care home; and</text> </paragraph> <paragraph num="(4)"> <text>A crib, portable crib, or playpen with a snugly fitting mattress, moisture-proof mattress covering, and tight fitting sheet for each child in the child care home who is:</text> <paragraph num="(a)"> <text>Younger than 12 months old; or</text> </paragraph> <paragraph num="(b)"> <text>12 months old or older but younger than 2 years old, if the child's parent requests a crib, portable crib, or playpen.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>When in use, all cots, mats, and beds shall be appropriately spaced to facilitate safe movement and evacuation of staff and children.</text> </paragraph> <paragraph num="C."> <text>Each crib, portable crib, and playpen shall meet the current standards of the U.S. Consumer Product Safety Commission.</text> </paragraph> <paragraph num="D."> <text>Stackable cribs may not be used.</text> </paragraph> <paragraph num="E."> <text>Each crib, portable crib, and playpen in use shall be placed so that:</text> <paragraph num="(1)"> <text>It presents at least one long side without a wall, plexiglass panel, or other solid barrier; and</text> </paragraph> <paragraph num="(2)"> <text>There is a space of at least 3 feet if placed side-to-side and 18 inches if placed end-to-end between two adjacent cribs, portable cribs, or playpens that are not separated by a solid barrier.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each sleep surface used for a child under 12 months old shall be firm, flat, and non-inclined, unless the need for an incline is specified in writing by the child’s physician or other licensed health care provider.</text> </paragraph> <paragraph num="G."> <text>Soft bedding items, including but not limited to pillows, quilts, comforters, and crib bumpers, may not be used as rest furnishings for a child using a crib, portable crib, or playpen.</text> </paragraph> <paragraph num="H."> <text>A child under 12 months who falls asleep in a furnishing other than a crib shall be moved immediately to an approved sleeping arrangement specified at §A(4) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Equipment for Infants and Toddlers."> <paragraph num="A."> <text>A sufficient number of strollers or carriages with appropriate restraints shall be available to accommodate all nonwalking infants and toddlers who are present in care.</text> </paragraph> <paragraph num="B."> <text>The use of walkers is prohibited.</text> </paragraph> <paragraph num="C."> <text>The child care home shall have furnishings that allow the safe and easy feeding of infants and toddlers, including but not limited to high chairs, child-sized tables and chairs, and chairs for staff members to use while holding infants for feeding.</text> </paragraph> <paragraph num="D."> <text>If high chairs are used, each high chair shall be equipped with age-appropriate restraints.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Storage."> <text>There shall be appropriate storage for:</text> <paragraph num="A."> <text>Materials and equipment;</text> </paragraph> <paragraph num="B."> <text>Mats, cots, beds, and bedding;</text> </paragraph> <paragraph num="C."> <text>Portable equipment intended for outdoor use;</text> </paragraph> <paragraph num="D."> <text>Each child's clothing and possessions in an individual space; and</text> </paragraph> <paragraph num="E."> <text>Materials, equipment, furnishings, and supplies being held in reserve.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333;Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D adopted effective March 17, 2025 (52:5 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G adopted effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="10" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Emergency Safety Requirements."> <paragraph num="A."> <text>Emergency and Disaster Plan.</text> <paragraph num="(1)"> <text>The provider or a staff member shall:</text> <paragraph num="(a)"> <text>Complete emergency preparedness training that is approved by the office; and</text> </paragraph> <paragraph num="(b)"> <text>As part of the approved emergency preparedness training, prepare a written emergency and disaster plan for the child care home.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The provider shall maintain the emergency and disaster plan prepared in accordance with §A(1)(b) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The emergency and disaster plan shall:</text> <paragraph num="(a)"> <text>Establish procedures for:</text> <paragraph num="(i)"> <text>Evacuating the child care home, including an evacuation route;</text> </paragraph> <paragraph num="(ii)"> <text>Relocating staff and children to a designated safe site;</text> </paragraph> <paragraph num="(iii)"> <text>Sheltering in place in the event that evacuation is not feasible;</text> </paragraph> <paragraph num="(iv)"> <text>Notifying parents of children in care; and</text> </paragraph> <paragraph num="(v)"> <text>Addressing the individual needs of children, including children with special needs;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Contain:</text> <paragraph num="(i)"> <text>The name of, and contact information for the local emergency operations center;</text> </paragraph> <paragraph num="(ii)"> <text>Assignment of staff responsibilities during an emergency or disaster;</text> </paragraph> <paragraph num="(iii)"> <text>A list of local emergency services numbers; and</text> </paragraph> <paragraph num="(iv)"> <text>The radio station call sign and frequency for the local Emergency Alert System;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Be practiced by staff and children at least:</text> <paragraph num="(i)"> <text>Once per month for fire evacuation; and</text> </paragraph> <paragraph num="(ii)"> <text>Twice per year for other emergency and disaster situations; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Be updated at least annually.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A copy of the emergency escape route floor plan shall be posted in each area and room in the child care home.</text> </paragraph> <paragraph num="(5)"> <text>Each staff member shall be oriented to the contents of the written emergency and disaster plan required at §A(2) of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>In the event of a declared emergency, the provider shall be prepared to respond as directed by the local emergency management agency through sources of public information.</text> </paragraph> <paragraph num="(7)"> <text>During an emergency evacuation or practice, a staff member shall take attendance records and emergency cards out of the child care home and determine the presence of each child currently in attendance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the child care home is included within a comprehensive emergency and disaster plan, the provider shall ensure that:</text> <paragraph num="(1)"> <text>The comprehensive plan contents meet all emergency and disaster plan requirements set forth at §A(3)(a) and (b) of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the comprehensive plan is available to all staff members.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A provider shall post, immediately accessible to each telephone in the child care home, a notice stating the:</text> <paragraph num="(1)"> <text>9-1-1 emergency telephone number to summon fire, police, and rescue services;</text> </paragraph> <paragraph num="(2)"> <text>Child care home's name, address, and telephone number;</text> </paragraph> <paragraph num="(3)"> <text>Telephone number of the protective services unit of the local department of social services;</text> </paragraph> <paragraph num="(4)"> <text>Telephone number of a poison control center;</text> </paragraph> <paragraph num="(5)"> <text>Name and telephone number of the local health department or a physician to consult about issues regarding health and illnesses;</text> </paragraph> <paragraph num="(6)"> <text>Name and telephone number of the available adult as required by COMAR 13A.18.08.02D; and</text> </paragraph> <paragraph num="(7)"> <text>Telephone number of the office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="First Aid and CPR."> <paragraph num="A."> <text>At all times, including during an off-site activity, at least one family child care teacher or the provider shall be present who holds a current certificate indicating successful completion of approved:</text> <paragraph num="(1)"> <text>Basic first aid training through the American Red Cross, or a program with equivalent standards, which is appropriate to all child age groups for which the child care home is approved; and</text> </paragraph> <paragraph num="(2)"> <text>Cardiopulmonary resuscitation (CPR) training through the American Heart Association, or a program with equivalent standards, which is appropriate to all child age groups for which the child care home is approved.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Whenever a child in care is present, there shall be at least one staff member, or the provider, present who is currently certified in approved first aid and CPR as specified at §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Whenever a child in care is being transported under child care home auspices to or from the child care home, there shall be at least one adult present in the vehicle who is currently certified in approved CPR and first aid. This requirement may be met by the driver of the vehicle.</text> </paragraph> <paragraph num="D."> <text>Section §C of this regulation shall not apply if the driver of the vehicle is a parent of a child in care who is designated by the provider to assist in transporting children in care.</text> </paragraph> <paragraph num="E."> <text>A provider shall maintain first aid supplies as required by the office, conveniently accessible for each group of children at the child care home and at an off-site activity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Safe Use of Materials and Equipment."> <text>The provider shall ensure that furnishings, activity materials, and equipment, whether intended for indoor use or outdoor use, are used:</text> <paragraph num="A."> <text>In a safe and appropriate manner by each staff member and each child in attendance; and</text> </paragraph> <paragraph num="B."> <text>As applicable, in accordance with manufacturer instructions or recommendations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Potentially Hazardous Items."> <paragraph num="A."> <text>A provider shall store all potentially harmful items, including but not limited to the items described in §§B—F of this regulation, in locations which are inaccessible to children in care.</text> </paragraph> <paragraph num="B."> <text>Petroleum and flammable products shall be stored in an approved manner.</text> </paragraph> <paragraph num="C."> <text>Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.</text> </paragraph> <paragraph num="D."> <text>Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.</text> </paragraph> <paragraph num="E."> <text>A pesticide may be used only if it is:</text> <paragraph num="(1)"> <text>Approved by the U.S. Environmental Protection Agency;</text> </paragraph> <paragraph num="(2)"> <text>Used according to the manufacturer's instructions;</text> </paragraph> <paragraph num="(3)"> <text>Used only when children are not in care; and</text> </paragraph> <paragraph num="(4)"> <text>Stored apart from food, beverages, and cleaning agents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts shall be stored in an approved manner.</text> </paragraph> <paragraph num="G."> <text>If a firearm is maintained in the child care home, the firearm shall be kept:</text> <paragraph num="(1)"> <text>In a location not used by children in care; and</text> </paragraph> <paragraph num="(2)"> <text>Unloaded and partially disassembled in a locked container with ammunition stored in its own separate locked container.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Whenever a child younger than 5 years old is in care, the provider shall ensure that:</text> <paragraph num="(1)"> <text>All electrical sockets within reach of the child are plugged or capped as required by the applicable fire code;</text> </paragraph> <paragraph num="(2)"> <text>Suitable protective barriers are placed at locations accessible and potentially hazardous to the child; and</text> </paragraph> <paragraph num="(3)"> <text>Child-proof devices are placed on cabinets and drawers that contain items potentially hazardous to the child.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Window Coverings. A window covering installed:</text> <paragraph num="(1)"> <text>Before October 1, 2010, shall not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or</text> </paragraph> <paragraph num="(2)"> <text>On or after October 1, 2010, shall be cordless.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Rest Time Safety."> <paragraph num="A."> <text>Unless specified otherwise in writing by the child’s physician, or other licensed health care provider, a child who:</text> <paragraph num="(1)"> <text>Cannot roll over without assistance shall be placed for sleep on the child's back; or</text> </paragraph> <paragraph num="(2)"> <text>Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless the need for a positioning device is specified in writing by the child’s physician, or other licensed health care provider, a restricting device of any type, including swaddling, may not be applied to a resting child.</text> </paragraph> <paragraph num="C."> <text>Weighted rest items, including but not limited to blankets, sleepers, and swaddles, may not be used for a child under 12 months old.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Transportation."> <paragraph num="A."> <text>Unless being transported in a registered school bus or contract motor coach, each child who is transported in a vehicle while in care shall be separately secured in a child car seat or seat belt which is appropriate for the child's age and weight, as specified by Maryland law.</text> </paragraph> <paragraph num="B."> <text>A vehicle used to transport a child in care shall comply with all applicable State and federal safety requirements.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 29, 2024 (51:8 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="11" heading="Health"> <regulation prefix="Regulation" num=".01" heading="Exclusion for Acute Illness."> <paragraph num="A."> <text>The provider shall:</text> <paragraph num="(1)"> <text>Monitor, and ensure that each staff member present monitors, each child in attendance for signs and symptoms of acute illness;</text> </paragraph> <paragraph num="(2)"> <text>Notify a child's parent or other designated person upon observing a sign or symptom of acute illness; and</text> </paragraph> <paragraph num="(3)"> <text>Provide temporary isolation for the affected child in a suitably equipped separate area within sight and hearing of an adult.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A provider may not admit a child to care or allow a child to remain in care when the child is exhibiting symptoms of acute illness.</text> </paragraph> <paragraph num="C."> <text>A child may not be readmitted to care after an absence of 3 days or more due to illness without a written statement from the parent or physician that the child may return to a regular schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Infectious and Communicable Diseases."> <paragraph num="A."> <text>A provider shall immediately transmit to the health officer a report of the name and address of a child or a staff member who appears to be infected with a reportable communicable disease or who has been exposed to a reportable communicable disease as indicated in COMAR 10.06.01.03.</text> </paragraph> <paragraph num="B."> <text>A provider may not knowingly admit to care or retain in care a child with a transmissible infection or a communicable disease during the period of exclusion recommended for that infection or disease as shown in the Communicable Disease Summary, as published by the Maryland Department of Health, unless the health officer grants approval for the child to attend child care during that period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Preventing Spread of Disease."> <paragraph num="A."> <text>A written hand washing procedure approved by the office shall be posted at each sink used for washing hands.</text> </paragraph> <paragraph num="B."> <text>Hands shall be washed according to the posted approved procedure by the provider, each staff member, each volunteer, each substitute, and each child in care at least:</text> <paragraph num="(1)"> <text>After toileting or diapering;</text> </paragraph> <paragraph num="(2)"> <text>Before food preparation or eating; and</text> </paragraph> <paragraph num="(3)"> <text>After an outdoor activity or handling an animal.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Diapering shall be performed in accordance with a written diapering procedure approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Medication Administration and Storage."> <paragraph num="A."> <text>Medication Administration.</text> <paragraph num="(1)"> <text>Medication, whether prescription or nonprescription, may not be administered to a child in care unless:</text> <paragraph num="(a)"> <text>Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received at the child care home before the medication is administered; and</text> </paragraph> <paragraph num="(b)"> <text>A licensed health practitioner has approved the administration of the medication and the medication dosage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A prescription medication may not be administered to a child unless at least one dose of the medication has been given to the child at home.</text> </paragraph> <paragraph num="(3)"> <text>If medication is by prescription, it shall be labeled by the pharmacy or physician with:</text> <paragraph num="(a)"> <text>The child's name;</text> </paragraph> <paragraph num="(b)"> <text>The date of the prescription;</text> </paragraph> <paragraph num="(c)"> <text>The name of the medication;</text> </paragraph> <paragraph num="(d)"> <text>The medication dosage;</text> </paragraph> <paragraph num="(e)"> <text>The administration schedule;</text> </paragraph> <paragraph num="(f)"> <text>The administration route;</text> </paragraph> <paragraph num="(g)"> <text>If applicable, special instructions, such as “take with food”;</text> </paragraph> <paragraph num="(h)"> <text>The duration of the prescription; and</text> </paragraph> <paragraph num="(i)"> <text>An expiration date that states when the medication is no longer useable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Topical Applications. A diaper rash product, sunscreen, or insect repellent supplied by a child's parent may be applied without prior approval of a licensed health practitioner.</text> </paragraph> <paragraph num="C."> <text>Medication shall be administered according to the instructions on the label of the medication container or a registered health practitioner's written instructions, whichever are more recently dated.</text> </paragraph> <paragraph num="D."> <text>Recording Requirements.</text> <paragraph num="(1)"> <text>Each administration of a prescription or nonprescription medication to a child, including self-administration of a medication by the child, shall be noted in the child's record.</text> </paragraph> <paragraph num="(2)"> <text>Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child's record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Medication Storage.</text> <paragraph num="(1)"> <text>Each medication shall be:</text> <paragraph num="(a)"> <text>Labeled with the child's name, the dosage, and the expiration date;</text> </paragraph> <paragraph num="(b)"> <text>Stored as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and</text> </paragraph> <paragraph num="(c)"> <text>Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All medications shall be stored to make them inaccessible to children in care but readily accessible to each staff member designated by the provider to administer medication.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Medication Administration Training.</text> <paragraph num="(1)"> <text>Whenever children in care are present, there shall be at least one child care home staff member present who has completed medication administration training approved by the office.</text> </paragraph> <paragraph num="(2)"> <text>Medication may be administered to a child in care only by a staff member who has completed approved medication administration training.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The requirements of §F of this regulation shall not apply if:</text> <paragraph num="(1)"> <text>The child care home employs a registered nurse, registered practical nurse, or medication technician certified by the Maryland Board of Nursing to administer medication to children in care; or</text> </paragraph> <paragraph num="(2)"> <text>Responsibility for administering medication to children in care is delegated to a staff member by a delegating nurse in accordance with COMAR 10.27.11.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Self-Administration of Medication.</text> <paragraph num="(1)"> <text>Before a child may self-administer medication while in care, a provider shall:</text> <paragraph num="(a)"> <text>Have a written order from the child's physician and the written request of the child's parent for the child's self-administration of medication;</text> </paragraph> <paragraph num="(b)"> <text>In consultation with the child's parent, establish a written procedure for self-administration of medication by the child based on the physician's written order; and</text> </paragraph> <paragraph num="(c)"> <text>Authorize the child to self-administer medication.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Revocation of Authorization to Self-Administer.</text> <paragraph num="(a)"> <text>A provider may revoke a child's authorization to self-administer medication if the child fails to follow the written procedure required by §H(1)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Immediately upon revoking the child's authorization to self-administer medication, the provider shall notify the child's parent of that revocation.</text> </paragraph> <paragraph num="(c)"> <text>The provider shall document the revocation of authorization to self-administer and the notification to the child’s parent in the child’s record.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Medical Cannabis.</text> <paragraph num="(1)"> <text>The administration of medical cannabis by a caregiver to a child who is a qualifying medical cannabis patient is governed by COMAR 10.62.01—10.62.37.</text> </paragraph> <paragraph num="(2)"> <text>The administration of medical cannabis that includes smoking or vaping is prohibited.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Alcohol, Tobacco, Cannabis, and Other Drugs."> <paragraph num="A."> <text>If a resident smokes or vapes any substance, including but not limited to tobacco or cannabis, the provider shall make this known in advance to parents who are considering placing their children in the large family child care home’s care.</text> </paragraph> <paragraph num="B."> <text>A resident may not consume alcohol during the large family child care home’s approved hours of operation.</text> </paragraph> <paragraph num="C."> <text>A provider and any other individual may not consume alcohol during the large family child care home’s approved hours of operation.</text> </paragraph> <paragraph num="D."> <text>During the large family child care home’s hours of operation, if an enrolled child is or will be on the premises, the provider or any other individual may not smoke or vape or permit smoking or vaping in any indoor or outdoor area approved for child care use.</text> </paragraph> <paragraph num="E."> <text>A provider and any other individual may not consume or be under the influence of alcohol, cannabis, or an illegal or nonprescribed controlled dangerous substance while:</text> <paragraph num="(1)"> <text>Present at the large family child care home during the home’s hours of operation; or</text> </paragraph> <paragraph num="(2)"> <text>Providing or assisting with the care of children during an off-site program activity or during transport.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The provider and any other individual shall ensure that all alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts are kept out of the reach of the children in care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Alcohol and Drugs."> <text>Whenever children are in care, a provider may not allow the consumption of alcoholic beverages or the use of illegal or nonprescribed controlled dangerous substances:</text> <paragraph num="A."> <text>By a person supervising, or helping to supervise, a child in care;</text> </paragraph> <paragraph num="B."> <text>In an area of the child care home approved for child care during the home's hours of operation; or</text> </paragraph> <paragraph num="C."> <text>By a staff member or a volunteer during an off-site program activity.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); repealed permanently effective February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="12" heading="Nutrition"> <regulation prefix="Regulation" num=".01" heading="Food Service."> <paragraph num="A."> <text>Food and beverages that are furnished by a provider for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.</text> </paragraph> <paragraph num="B."> <text>Unless provided by the child’s parent, the provider shall furnish:</text> <paragraph num="(1)"> <text>All beverages, including beverages for meals and snacks; and</text> </paragraph> <paragraph num="(2)"> <text>Milk with all meals.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A beverage furnished by the provider may not contain an added sweetener or caffeine, except for:</text> <paragraph num="(1)"> <text>Infant formula: or</text> </paragraph> <paragraph num="(2)"> <text>A beverage prescribed for a child by a health care provider.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the child is:</text> <paragraph num="(1)"> <text>Younger than 2 years old, milk furnished to the child shall be supplied or approved by the child’s parent; or</text> </paragraph> <paragraph num="(2)"> <text>2 years old or older, milk furnished to the child by the provider shall be 1% fat milk or nonfat milk, unless otherwise ordered by a health care provider or requested by the child’s parent.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The provider may arrange with the child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the provider.</text> </paragraph> <paragraph num="F."> <text>Except during approved hours of overnight care, a provider shall serve meals and snacks at intervals of not more than 3 hours according to the following schedule:</text> </paragraph> <paragraph num="G."> <text>If a provider chooses not to provide meals, the provider shall make arrangements with the parent of each child to provide food for meals.</text> </paragraph> <paragraph num="H."> <text>A provider shall keep a supply of nutritious food on hand in order to provide food to a child whose parent has not supplied:</text> <paragraph num="(1)"> <text>Food for meals or snacks; or</text> </paragraph> <paragraph num="(2)"> <text>Sufficient food to meet the standards of the Child and Adult Care Food Program of the U.S. Department of Agriculture.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Menus. A provider shall:</text> <paragraph num="(1)"> <text>Post in a conspicuous place a weekly planned menu of foods and beverages furnished by the provider for meals and snacks; and</text> </paragraph> <paragraph num="(2)"> <text>Keep a dated record of food actually served in the home, and to each child on a modified diet, on file for at least 4 weeks, correcting the planned menu if necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Modified Diet."> <text>If a provider agrees to accept a child who requires a modified diet for:</text> <paragraph num="A."> <text>Medical reasons, the provider shall obtain from the child's parent a written prescription for the diet signed and dated by the child's registered health practitioner within the previous 6 months; or</text> </paragraph> <paragraph num="B."> <text>Cultural or religious reasons, the provider shall obtain written, dated instructions for the diet signed by the child's parent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Food Sources."> <paragraph num="A."> <text>A provider shall furnish food at the child care home only if it is wholesome and free from spoilage, filth, or other contamination and obtained from sources that comply with all laws relating to food, food processing, food handling, and food labeling.</text> </paragraph> <paragraph num="B."> <text>A provider may not provide to the children home-canned goods or any other hermetically sealed food prepared in a place other than a registered food processing establishment.</text> </paragraph> <paragraph num="C."> <text>A provider:</text> <paragraph num="(1)"> <text>Shall provide only fluid milk and fluid milk products that are:</text> <paragraph num="(a)"> <text>Pasteurized Grade A;</text> </paragraph> <paragraph num="(b)"> <text>Except as provided by §C(3) of this regulation, served from the original container; and</text> </paragraph> <paragraph num="(c)"> <text>Not more than 4 days older than the expiration date marked on the original container;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as provided at Regulation .06D of this chapter, may use dry milk, dry milk products, or reconstituted dry milk only for cooking purposes; and</text> </paragraph> <paragraph num="(3)"> <text>For meals and snacks, may serve milk family-style from a pitcher or similar container into which the milk has been poured from the original container.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Food Storage and Preparation."> <paragraph num="A."> <text>A provider shall:</text> <paragraph num="(1)"> <text>Protect all food from contamination while it is being stored, transported, or displayed; and</text> </paragraph> <paragraph num="(2)"> <text>Prepare and serve food, including infant formula, in a safe, sanitary, and healthful manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>There shall be sufficient storage areas for all food brought from the child’s home and all food held in reserve for service by the provider.</text> </paragraph> <paragraph num="C."> <text>Food shall be stored:</text> <paragraph num="(1)"> <text>In an area that is dry, cool, well-ventilated, well-lighted, and equipped with easily cleanable shelving; and</text> </paragraph> <paragraph num="(2)"> <text>If stored on open shelves, at least 6 inches off the floor.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Food may be stored:</text> <paragraph num="(1)"> <text>Separately from family food; or</text> </paragraph> <paragraph num="(2)"> <text>With family food if the provider chooses to have the entire family food storage area inspected.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If food is transferred for storage from its original container, the provider shall provide a secondary storage container that is:</text> <paragraph num="(1)"> <text>Easily cleanable or disposable;</text> </paragraph> <paragraph num="(2)"> <text>Nontoxic;</text> </paragraph> <paragraph num="(3)"> <text>Nonabsorbent;</text> </paragraph> <paragraph num="(4)"> <text>Tightly closed; and</text> </paragraph> <paragraph num="(5)"> <text>Clearly labeled as to its contents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The provider:</text> <paragraph num="(1)"> <text>May not store food below overhead waste lines;</text> </paragraph> <paragraph num="(2)"> <text>Shall maintain cooked, potentially hazardous hot food at or above a temperature of 140°F;</text> </paragraph> <paragraph num="(3)"> <text>Shall refrigerate potentially hazardous food at or below a temperature of 40°F;</text> </paragraph> <paragraph num="(4)"> <text>Shall keep frozen food at or below 0°F; and</text> </paragraph> <paragraph num="(5)"> <text>Shall restrict the movement of pets and other animals so that food and food contact surfaces are not contaminated.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Single service items such as paper and plastic cups, containers, lids, plates, knives, forks, spoons, and placemats shall be:</text> <paragraph num="(1)"> <text>Used only once; and</text> </paragraph> <paragraph num="(2)"> <text>Stored, handled, and dispensed to protect them from contamination.</text> </paragraph> </paragraph> <paragraph num="H."> <text>During an activity in which the children prepare food, the activity shall be planned and carried out in a manner consistent with the safety and health practices required in this subtitle.</text> </paragraph> <paragraph num="I."> <text>The provider shall discard:</text> <paragraph num="(1)"> <text>All spoiled fruits, vegetables, or other food;</text> </paragraph> <paragraph num="(2)"> <text>Refrozen food;</text> </paragraph> <paragraph num="(3)"> <text>Potentially hazardous frozen food that has been thawed and not immediately cooked and served;</text> </paragraph> <paragraph num="(4)"> <text>Swelled, rusty, or leaky canned foods;</text> </paragraph> <paragraph num="(5)"> <text>Foods exposed to fire, smoke, or water damage;</text> </paragraph> <paragraph num="(6)"> <text>After a child finishes eating, any remaining food that has come into contact with:</text> <paragraph num="(a)"> <text>The child's mouth; or</text> </paragraph> <paragraph num="(b)"> <text>An eating utensil that has been used by the child; and</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>After being left out for consumption by children during a meal or snack, any milk remaining in an opened original container, a pitcher or similar container, or a drinking vessel.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The provider shall send home or discard at the end of each day all opened containers of food brought from home for a child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Food Preparation Area and Equipment."> <paragraph num="A."> <text>Appliances and equipment in the food preparation area shall be:</text> <paragraph num="(1)"> <text>Cleaned and sanitized;</text> </paragraph> <paragraph num="(2)"> <text>In good repair;</text> </paragraph> <paragraph num="(3)"> <text>Capable of normal operation; and</text> </paragraph> <paragraph num="(4)"> <text>Not conducive to the harboring of insects and rodents.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Food contact surfaces shall be nontoxic, smooth, in good repair, and free of breaks, open seams, cracks, pits, and similar imperfections.</text> </paragraph> <paragraph num="C."> <text>Refrigeration shall be:</text> <paragraph num="(1)"> <text>Of sufficient capacity to store all food and beverages that require refrigeration;</text> </paragraph> <paragraph num="(2)"> <text>Operated at or below 40°F; and</text> </paragraph> <paragraph num="(3)"> <text>Equipped with an indicating thermometer graduated at 2°F intervals.</text> </paragraph> </paragraph> <paragraph num="D."> <text>All frozen food units shall be operated at 0°F or less, and shall be provided with an indicating thermometer.</text> </paragraph> <paragraph num="E."> <text>Utensils and equipment used for the preparation and service of food and beverages shall be cleaned, sanitized, air dried, and stored in a manner approved by the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Feeding Infants and Toddlers."> <paragraph num="A."> <text>The provider shall ensure that the written feeding schedule for each infant and toddler, as required by COMAR 13A.18.03.02C, is:</text> <paragraph num="(1)"> <text>Followed; and</text> </paragraph> <paragraph num="(2)"> <text>Updated as necessary or at least every 3 months while the child is in care.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Self-Feeding by Children Younger than 18 Months Old.</text> <paragraph num="(1)"> <text>The child shall be held for each bottle feeding except when developmentally able and insistent upon self-feeding.</text> </paragraph> <paragraph num="(2)"> <text>The child may hold the bottle only:</text> <paragraph num="(a)"> <text>When seated; and</text> </paragraph> <paragraph num="(b)"> <text>If the bottle is made of unbreakable material.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Except as specified by §D of this regulation, a provider may serve a child younger than 18 months old only developmentally appropriate:</text> <paragraph num="(1)"> <text>Commercially prebottled formula;</text> </paragraph> <paragraph num="(2)"> <text>Breast milk, formula, juice, or water which has been prebottled for the child and provided by the child's parent;</text> </paragraph> <paragraph num="(3)"> <text>Commercially processed baby food that is opened and used the same day;</text> </paragraph> <paragraph num="(4)"> <text>Commercial infant formula, in concentrate, powder, or ready-to-feed form, if the:</text> <paragraph num="(a)"> <text>Child's parent has provided prior written authorization for the use of the formula; and</text> </paragraph> <paragraph num="(b)"> <text>Formula is prepared directly from a factory-sealed container and in accordance with the manufacturer's instructions; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Other foods supplied by the provider or the parent that are consumed the same day.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Only whole, pasteurized milk will be served to a child younger than 2 years old who is not receiving formula or breast milk, except that skim milk, reconstituted nonfat dry milk, or 1 or 2 percent milk may be served upon the written prior approval of the child’s parent and health care provider.</text> </paragraph> <paragraph num="E."> <text>A provider shall ensure that:</text> <paragraph num="(1)"> <text>All food and bottles intended for consumption or use by a child younger than 18 months old are labeled with the child’s name, dated, and refrigerated at 40°F or below if potentially hazardous;</text> </paragraph> <paragraph num="(2)"> <text>All nipples on bottles are protected;</text> </paragraph> <paragraph num="(3)"> <text>Breast milk or formula which has been bottled for the child is:</text> <paragraph num="(a)"> <text>Placed immediately in a refrigerator when brought to the child care home;</text> </paragraph> <paragraph num="(b)"> <text>Warmed to the desired temperature immediately before feeding; and</text> </paragraph> <paragraph num="(c)"> <text>Served to the child at a temperature that is safe and conducive to the child's comfortable feeding;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Foods that present a high risk of choking for children younger than 2 years old are not served to them; and</text> </paragraph> <paragraph num="(5)"> <text>Reusable bottles and nipples are:</text> <paragraph num="(a)"> <text>Reused only after they have been washed, rinsed, and sanitized; or</text> </paragraph> <paragraph num="(b)"> <text>If supplied by the child's parent, rinsed after use and returned daily to the parent.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective July 20, 2015 (42:14 Md. R. 884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="13" heading="Educational Programs in Nonpublic Nursery Schools"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <text>This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school located in a residence that is registered as a large family child care home.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Certificate of approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Child care home registration” means the document issued by the Department pursuant to this subtitle that authorizes the recipient to operate a large family child care home.</text> </paragraph> <paragraph num="(3)"> <text>“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(5)"> <text>“Department representative” means an individual designated by the Department to determine compliance with this chapter.</text> </paragraph> <paragraph num="(6)"> <text>“Educational program” means an organized program of instruction that:</text> <paragraph num="(a)"> <text>Is provided by a teacher; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.</text> </paragraph> <paragraph num="(8)"> <text>“Montessori program" means an educational program based on the pedagogical philosophy of Dr. Maria Montessori, as reflected in the program's teacher qualifications, curriculum, instructional methods, and materials and equipment.</text> </paragraph> <paragraph num="(9)"> <text>“Nursery school” means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.</text> </paragraph> <paragraph num="(10)"> <text>“Office” means the central office or a regional office of the Department's Division of Early Childhood Development, Office of Child Care.</text> </paragraph> <paragraph num="(11)"> <text>“State Board” means the Maryland State Board of Education.</text> </paragraph> <paragraph num="(12)"> <text>“Teacher” means an individual who:</text> <paragraph num="(a)"> <text>Provides instruction to children enrolled in an educational program; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .06B of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Approval to Operate an Educational Program — General Requirements."> <paragraph num="A."> <text>A provider may be approved to operate an educational program in a nonpublic nursery school only if:</text> <paragraph num="(1)"> <text>The provider holds a valid registration to operate a large family child care home; and</text> </paragraph> <paragraph num="(2)"> <text>The educational program would not be operated in the living space of the residence where the child care home is located.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless a provider chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:</text> <paragraph num="(1)"> <text>Child care home registration remains in effect;</text> </paragraph> <paragraph num="(2)"> <text>Educational program is operated according to the terms under which approval to operate was granted; and</text> </paragraph> <paragraph num="(3)"> <text>Provider remains in full compliance with all applicable requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school's approval is suspended or revoked, or the child care home registration is suspended or revoked and the provider:</text> <paragraph num="(1)"> <text>Does not appeal the suspension or revocation action; or</text> </paragraph> <paragraph num="(2)"> <text>Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A provider who has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care home registration that certifies approval to operate the educational program.</text> </paragraph> <paragraph num="E."> <text>A certificate of approval to operate an educational program that was issued to the provider prior to January 1, 2012, shall remain in effect.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval to Operate an Educational Program — Specific Requirements."> <paragraph num="A."> <text>Application for Approval.</text> <paragraph num="(1)"> <text>Application for approval shall be made in a manner and form and according to timelines established by the office.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A provider who is already approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the provider is currently approved is not in full compliance with all applicable requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When the office is satisfied that the requirements of this chapter have been met, the office shall issue to the applicant a child care home registration that certifies approval to operate an educational program.</text> </paragraph> <paragraph num="C."> <text>The child care home registration shall specify the terms under which approval to operate an educational program has been granted, including the:</text> <paragraph num="(1)"> <text>Hours, days, and months of approved operation; and</text> </paragraph> <paragraph num="(2)"> <text>Ages of children who may be enrolled in the program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the provider intends to change the terms under which approval has been granted, the provider shall:</text> <paragraph num="(1)"> <text>Notify the office in writing at least 60 days before the occurrence of any change or changes; and</text> </paragraph> <paragraph num="(2)"> <text>Furnish any information the office considers necessary to approve the change or changes planned by the provider.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A provider may not seek approval of a change in the terms of the approval under any one or combination of the following circumstances:</text> <paragraph num="(1)"> <text>The educational program demonstrates an area or areas of noncompliance;</text> </paragraph> <paragraph num="(2)"> <text>The office has received and is investigating a complaint alleging that the educational program is in violation of one or more regulations under this chapter;</text> </paragraph> <paragraph num="(3)"> <text>The office is implementing a sanction or an enforcement action against the child care home registration; or</text> </paragraph> <paragraph num="(4)"> <text>A deficiency hearing is pending before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Notwithstanding the requirement established in §E of this regulation, a provider may seek approval of a change in the terms of the approval if approval of the change is the means for the provider to demonstrate compliance with this chapter.</text> </paragraph> <paragraph num="G."> <text>A provider may not implement a change in the terms of approval until the office has issued a revised child care home registration that reflects the change.</text> </paragraph> <paragraph num="H."> <text>A provider shall inform the office in writing at least 30 days before the provider ceases operating an educational program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Compliance and Inspections."> <paragraph num="A."> <text>Continued approval to operate an educational program is conditioned on the provider's maintaining compliance with this chapter.</text> </paragraph> <paragraph num="B."> <text>To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the provider, at any time during the approved hours of operation of the program.</text> </paragraph> <paragraph num="C."> <text>During an inspection, the provider shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.</text> </paragraph> <paragraph num="D."> <text>Following each inspection of the educational program, the office shall provide the provider with a written report of all findings of the inspection.</text> </paragraph> <paragraph num="E."> <text>If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the provider in writing of the:</text> <paragraph num="(1)"> <text>Regulation or regulations with which the program does not demonstrate compliance;</text> </paragraph> <paragraph num="(2)"> <text>Fact or facts that demonstrate the program's noncompliance with each regulation;</text> </paragraph> <paragraph num="(3)"> <text>Action or actions the provider is required to take to demonstrate compliance with each regulation; and</text> </paragraph> <paragraph num="(4)"> <text>Date by which the program is required to demonstrate compliance with each regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Sanctions.</text> <paragraph num="(1)"> <text>Failure to maintain compliance with applicable requirements of this chapter may result in a sanction by the office, including restriction, suspension, or revocation of the approval to operate the educational program.</text> </paragraph> <paragraph num="(2)"> <text>Sanctions against an educational program located in a child care home may be severable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Personnel Qualifications."> <paragraph num="A."> <text>Educational Program Administrator.</text> <paragraph num="(1)"> <text>The educational program shall have an administrator who is responsible for the day-to-day administration of the educational program.</text> </paragraph> <paragraph num="(2)"> <text>The educational program administrator at a minimum shall meet the standards established in §B(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The provider shall have a written position description that states the duties and responsibilities of the educational program administrator.</text> </paragraph> <paragraph num="(4)"> <text>The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Teachers.</text> <paragraph num="(1)"> <text>An educational program shall have a teacher to implement the educational program in each class.</text> </paragraph> <paragraph num="(2)"> <text>A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of §B(3) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A teacher who provides instruction in language and literacy development, mathematical and scientific thinking, or social studies shall hold or have completed:</text> <paragraph num="(a)"> <text>A bachelor's degree from an IHE;</text> </paragraph> <paragraph num="(b)"> <text>120 semester hours of college credit from an IHE; or</text> </paragraph> <paragraph num="(c)"> <text>A foreign credential that is determined by the Department to be equivalent to a bachelor's degree from an IHE.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In addition to meeting the requirements of §B(3) of this regulation, a teacher employed in a Montessori program shall also hold a Montessori diploma for the level of the individual’s assignment.</text> </paragraph> <paragraph num="(5)"> <text>If the degree, college credit, or foreign credential required under §B(3) of this regulation does not include at least 6 semester hours of approved early childhood coursework, the teacher shall, in addition:</text> <paragraph num="(a)"> <text>Hold or have completed:</text> <paragraph num="(i)"> <text>The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or</text> </paragraph> <paragraph num="(ii)"> <text>6 semester hours, 90 clock hours or their equivalent of approved preservice training; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Be certified by the Department as a teacher for early childhood in nursery through third grade.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An individual approved as a teacher by the Department before July 1, 2010, shall remain qualified for that position as long as the individual is continuously employed as a teacher.</text> </paragraph> <paragraph num="(7)"> <text>A teacher in an educational program shall complete at least 12 clock hours of approved continued training per full year of employment, measured from date of hire, in that position.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual who provides assistance to a teacher in a class is not required to meet the requirements of §B(3) or (7) of this regulation.</text> </paragraph> <paragraph num="D."> <text>Written Statement of Teacher Qualifications. A provider shall:</text> <paragraph num="(1)"> <text>Maintain a written statement of the qualifications of each teacher who implements the educational program; and</text> </paragraph> <paragraph num="(2)"> <text>On request by a parent or legal guardian of a child enrolled, or being considered for enrollment, in the educational program, give to the parent or legal guardian a written statement of the qualifications of each teacher who implements the educational program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Educational Program."> <paragraph num="A."> <text>Program. The provider shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school's educational program for the development of skills for each approved nursery school age in the following areas:</text> <paragraph num="(1)"> <text>Personal and social development;</text> </paragraph> <paragraph num="(2)"> <text>Language and literacy development;</text> </paragraph> <paragraph num="(3)"> <text>Mathematical and scientific thinking;</text> </paragraph> <paragraph num="(4)"> <text>Social studies;</text> </paragraph> <paragraph num="(5)"> <text>The arts; and</text> </paragraph> <paragraph num="(6)"> <text>Physical development and health.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instructional Materials and Equipment. The provider shall own and maintain the nonpublic nursery school instructional materials and equipment required to implement the written curriculum of the educational program specified in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Child Records."> <paragraph num="A."> <text>The provider shall maintain a cumulative record for each child enrolled in the educational program.</text> </paragraph> <paragraph num="B."> <text>Each child's record shall include the:</text> <paragraph num="(1)"> <text>Nonpublic nursery school's name;</text> </paragraph> <paragraph num="(2)"> <text>Nonpublic nursery school's address;</text> </paragraph> <paragraph num="(3)"> <text>Nonpublic nursery school's telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Child's first, middle, and last names;</text> </paragraph> <paragraph num="(5)"> <text>Child's month, day, and year of birth;</text> </paragraph> <paragraph num="(6)"> <text>Child's home address;</text> </paragraph> <paragraph num="(7)"> <text>Month, day, and year the child initially entered the educational program;</text> </paragraph> <paragraph num="(8)"> <text>Age on enrollment in the educational program;</text> </paragraph> <paragraph num="(9)"> <text>Month, day, and year the child withdrew from the educational program, if applicable;</text> </paragraph> <paragraph num="(10)"> <text>Child's performance information in each curricular area;</text> </paragraph> <paragraph num="(11)"> <text>Code for the meaning of performance information; and</text> </paragraph> <paragraph num="(12)"> <text>Number of days the child attended in each school year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The requirements of §B(1)—(8) of this regulation are met by compliance with child record requirements set forth at COMAR 13A.18.03.04C.</text> </paragraph> <paragraph num="D."> <text>Age of Admission.</text> <paragraph num="(1)"> <text>Except as provided by §D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a nonpublic nursery school program approved under this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A nonpublic nursery school may adopt policies and procedures permitting, on request by a child's parent or guardian, and if a nonpublic nursery school determines that a child demonstrates capabilities warranting early admission, a:</text> <paragraph num="(a)"> <text>2-year-old child to be admitted to a 3-year-old nursery school program; or</text> </paragraph> <paragraph num="(b)"> <text>3-year-old child to be admitted to a 4-year-old nursery school program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Health, Fire Safety, and Zoning."> <paragraph num="A."> <text>A provider shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.</text> </paragraph> <paragraph num="B."> <text>The requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Procedures and Sanctions for Noncompliance — Educational Programs."> <text>If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.</text> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§5-501, 5-505, 5-550—5-557.1 and 5-560—5-563; State Government Article, §10-617; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference—Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> </annotations> </chapter> <chapter num="14" heading="Inspections, Complaints, and Enforcement"> <regulation prefix="Regulation" num=".01" heading="Inspections."> <paragraph num="A."> <text>The office shall inspect each child care home:</text> <paragraph num="(1)"> <text>On an announced basis before issuing a certificate of initial registration or continuing registration; and</text> </paragraph> <paragraph num="(2)"> <text>On an unannounced basis, at least once within each 12-month period after the date that a certificate of initial registration or continuing registration was issued to the provider.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provider or staff member shall permit inspection of all areas of the home by the agency representative during the provider's hours of operation.</text> </paragraph> <paragraph num="C."> <text>The agency representative may make inspections, in addition to the announced and unannounced inspections specified in §A of this regulation, without prior notice to the provider.</text> </paragraph> <paragraph num="D."> <text>Upon request, the provider or staff member shall make the records required by this subtitle available to the agency representative for inspection and copying.</text> </paragraph> <paragraph num="E."> <text>A provider or staff member may request satisfactory identification from the agency representative before admitting the person for an inspection.</text> </paragraph> <paragraph num="F."> <text>A provider may appeal a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Complaints."> <text>The office shall investigate:</text> <paragraph num="A."> <text>Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and</text> </paragraph> <paragraph num="B."> <text>Complaints of providing or advertising unregistered family child care.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Warnings."> <text>If an investigation of a complaint or an inspection of a child care home indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:</text> <paragraph num="A."> <text>The violation found, citing the regulation;</text> </paragraph> <paragraph num="B."> <text>The time period for correcting the violation; and</text> </paragraph> <paragraph num="C."> <text>That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Intermediate Sanctions."> <paragraph num="A."> <text>Upon determining that a provider has violated or a child care home fails to meet any of the regulations of this subtitle, the office may:</text> <paragraph num="(1)"> <text>Restrict the age or number of children accepted for care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Require the provider to receive remedial instruction in a specified content area;</text> </paragraph> <paragraph num="(4)"> <text>Increase the frequency of monitoring of the home during a specified period of time;</text> </paragraph> <paragraph num="(5)"> <text>Enter into an agreement with the provider detailing requirements in addition to those above, including time limits for compliance; and</text> </paragraph> <paragraph num="(6)"> <text>Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which a sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the office determines that the provider has violated a condition or requirement of the intermediate sanction, the office may suspend or revoke the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Emergency Intermediate Sanctions."> <paragraph num="A."> <text>Upon a determination that a provider has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:</text> <paragraph num="(1)"> <text>Restrict the ages of children in care;</text> </paragraph> <paragraph num="(2)"> <text>Reduce the number of children in care;</text> </paragraph> <paragraph num="(3)"> <text>Limit the spaces, rooms, or areas that may be used for child care;</text> </paragraph> <paragraph num="(4)"> <text>Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.18.02.01I from being alone with a child or group of children pending an open child protective services or criminal investigation;</text> </paragraph> <paragraph num="(5)"> <text>Require the provider or staff to participate in training in a specified content area;</text> </paragraph> <paragraph num="(6)"> <text>Increase the frequency of monitoring of the home during a specified period of time;</text> </paragraph> <paragraph num="(7)"> <text>Enter into an agreement with the provider detailing requirements for remedying violations and achieving compliance; and</text> </paragraph> <paragraph num="(8)"> <text>Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office shall hand deliver written notice of the emergency intermediate sanction to the provider stating:</text> <paragraph num="(1)"> <text>The regulatory basis for the sanction;</text> </paragraph> <paragraph num="(2)"> <text>That the operator shall immediately implement the sanction;</text> </paragraph> <paragraph num="(3)"> <text>That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the provider’s request for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>That if the sanction is upheld, implementation of the sanction at the child care home shall continue until it is determined that the health, safety, or welfare of children in the facility is no longer threatened;</text> </paragraph> <paragraph num="(6)"> <text>That the sanction may lead to suspension or revocation of the provider’s registration, if the Office determines that a provider has violated a condition or requirement of the sanction; and</text> </paragraph> <paragraph num="(7)"> <text>That the provider may continue to provide child care, except as limited by the sanction.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the provider’s address on file.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Nonemergency Suspension."> <paragraph num="A."> <text>The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that the provider or the child care home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened.</text> </paragraph> <paragraph num="B."> <text>The office shall suspend the certificate of registration upon notification that the provider is in noncompliance with Child Support Enforcement requirements pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The office shall notify the provider in writing of the suspension at least 20 calendar days before the effective date stating:</text> <paragraph num="(1)"> <text>The effective date and period of the suspension;</text> </paragraph> <paragraph num="(2)"> <text>The reason for suspension;</text> </paragraph> <paragraph num="(3)"> <text>The regulation with which the provider has failed to comply that is the basis for the suspension;</text> </paragraph> <paragraph num="(4)"> <text>Corrections required to ensure reinstatement of the certificate of registration;</text> </paragraph> <paragraph num="(5)"> <text>That the provider shall stop providing child care on the effective date of the suspension unless the provider requests a hearing;</text> </paragraph> <paragraph num="(6)"> <text>That the provider is entitled to a hearing if requested in writing within 20 calendar days of the delivery of the notice;</text> </paragraph> <paragraph num="(7)"> <text>The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;</text> </paragraph> <paragraph num="(8)"> <text>That the suspension shall be stayed if a hearing is requested;</text> </paragraph> <paragraph num="(9)"> <text>That, if the suspension is upheld following the hearing, the provider shall cease providing child care for the period of the suspension;</text> </paragraph> <paragraph num="(10)"> <text>That the suspension may lead to revocation; and</text> </paragraph> <paragraph num="(11)"> <text>That the provider is required to surrender the certificate of registration to the office when the suspension becomes effective.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The office shall notify the parents of the children in care of the suspension.</text> </paragraph> <paragraph num="E."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the certificate of registration and return it to the provider; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the certificate of registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emergency Suspension."> <paragraph num="A."> <text>The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.</text> </paragraph> <paragraph num="B."> <text>The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of the delivery of the notice, a hearing before the Office of Administrative Hearings.</text> </paragraph> <paragraph num="C."> <text>If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail to the provider’s address.</text> </paragraph> <paragraph num="D."> <text>When the certificate of registration is to be suspended immediately:</text> <paragraph num="(1)"> <text>The office shall repossess the certificate of registration;</text> </paragraph> <paragraph num="(2)"> <text>The provider shall stop providing child care immediately; and</text> </paragraph> <paragraph num="(3)"> <text>The office shall notify the parents of the children in care of the suspension and make every reasonable effort to assist the parents of the children in making other child care arrangements.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a hearing is requested by the provider, the Office of Administrative Hearings shall hold a hearing within 7 calendar days of the date of the request.</text> </paragraph> <paragraph num="F."> <text>Within 7 calendar days of the hearing, a decision concerning the emergency suspension shall be made by the Office of Administrative Hearings.</text> </paragraph> <paragraph num="G."> <text>If the decision does not uphold the emergency suspension, the provider may resume providing child care.</text> </paragraph> <paragraph num="H."> <text>By the end of the suspension period, the office shall:</text> <paragraph num="(1)"> <text>Reinstate the certificate of registration and return it to the provider; or</text> </paragraph> <paragraph num="(2)"> <text>Revoke the certificate of registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Revocation."> <paragraph num="A."> <text>The office may revoke a certificate of registration if the:</text> <paragraph num="(1)"> <text>Provider or child care home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;</text> </paragraph> <paragraph num="(2)"> <text>Provider misrepresented or offered false information on the application or on any form or report required by the office;</text> </paragraph> <paragraph num="(3)"> <text>Provider interferes with or obstructs the agency representative in the performance of the duties of the office;</text> </paragraph> <paragraph num="(4)"> <text>Provider fails to submit all documentation required to maintain the certificate of registration;</text> </paragraph> <paragraph num="(5)"> <text>Provider or staff member refuses to permit access to a child or to the space in the home used for child care by a parent or an agency representative during operating hours of the child care home;</text> </paragraph> <paragraph num="(6)"> <text>Terms or conditions of a sanction have been violated;</text> </paragraph> <paragraph num="(7)"> <text>Violations required to be corrected during a period of suspension have not been corrected and the period has ended;</text> </paragraph> <paragraph num="(8)"> <text>Provider fails to comply with the:</text> <paragraph num="(a)"> <text>Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A.18.06.03A, B, and F and COMAR 13A.18.06.10B; or</text> </paragraph> <paragraph num="(b)"> <text>Child security requirements set forth in COMAR 13A.18.07.06;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Provider permits an individual to have child supervision responsibilities after being notified by the office that the individual has been disapproved for that purpose;</text> </paragraph> <paragraph num="(10)"> <text>Evaluation of information provided to or acquired by the office indicates that the provider is unable to care for the welfare of children;</text> </paragraph> <paragraph num="(11)"> <text>Provider admits a child for treatment foster care in the home, unless the child is placed in the home in a preadoptive capacity;</text> </paragraph> <paragraph num="(12)"> <text>Child care home is no longer the primary residence of the provider;</text> </paragraph> <paragraph num="(13)"> <text>Provider or a resident is identified as responsible for abuse or neglect of children or adults; or</text> </paragraph> <paragraph num="(14)"> <text>Provider or a resident has a criminal conviction, a probation before judgment disposition, or a not criminally responsible disposition, or is awaiting a hearing on a charge for a crime that:</text> <paragraph num="(a)"> <text>Is listed at COMAR 13A.18.02.07B or COMAR 13A.18.02.07C; or</text> </paragraph> <paragraph num="(b)"> <text>Indicates behavior harmful to children.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the office decides to revoke a certificate of registration, the office shall notify the provider in writing at least 20 calendar days in advance of the revocation, stating:</text> <paragraph num="(1)"> <text>The effective date of the revocation;</text> </paragraph> <paragraph num="(2)"> <text>The reason for the revocation;</text> </paragraph> <paragraph num="(3)"> <text>The regulation with which the provider has failed to comply that is the basis for the revocation;</text> </paragraph> <paragraph num="(4)"> <text>That the provider shall stop providing child care on the effective date of the revocation;</text> </paragraph> <paragraph num="(5)"> <text>That the provider is entitled to a hearing if requested in writing within 20 calendar days of the date of the notice;</text> </paragraph> <paragraph num="(6)"> <text>The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;</text> </paragraph> <paragraph num="(7)"> <text>The revocation shall be stayed if the hearing is requested, unless the revocation immediately follows an emergency suspension period; and</text> </paragraph> <paragraph num="(8)"> <text>That the provider is required to surrender the certificate of registration to the office when the revocation becomes effective.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The office shall notify the parents of the children in care of the revocation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Penalties."> <paragraph num="A."> <text>An individual found to be operating a child care home without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:</text> <paragraph num="(1)"> <text>$1,500 for the first violation; and</text> </paragraph> <paragraph num="(2)"> <text>$2,500 for a second or subsequent violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The office may institute legal proceedings to:</text> <paragraph num="(1)"> <text>Enjoin any individual not registered who is providing family child care from continuing to operate; or</text> </paragraph> <paragraph num="(2)"> <text>Ask a court in the jurisdiction of the child care home to impose a fine of up to the maximum amount permitted by law on an individual found to be operating in violation of this subtitle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Civil Citations."> <paragraph num="A."> <text>The office may issue a civil citation imposing a civil penalty to an individual who provides unregistered family child care or advertises a family child care home in violation of the requirements of this subtitle.</text> </paragraph> <paragraph num="B."> <text>Assessment of Penalty.</text> <paragraph num="(1)"> <text>Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:</text> <paragraph num="(a)"> <text>$250 for the first violation;</text> </paragraph> <paragraph num="(b)"> <text>$500 for the second violation; and</text> </paragraph> <paragraph num="(c)"> <text>$1,000 for the third and each subsequent violation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each day that unregistered family child care occurs in violation of the requirements of this subtitle is a separate violation under this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The total amount of civil penalty imposed against an individual in an action under this regulation may not exceed $5,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="D."> <text>Appeals.</text> <paragraph num="(1)"> <text>An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.</text> </paragraph> <paragraph num="(2)"> <text>Appeals are conducted in accordance with the provisions of COMAR 13A.18.15.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="15" heading="Administrative Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care home registrations, such as registration denials, revocations, and suspensions, reductions in capacity, limitations on the ages or numbers of children who may be admitted to a child care home, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, the imposition of civil penalties for providing or advertising unregistered family child care services without a valid large family child care certificate of registration, and employment exclusions pursuant to COMAR 13A.18.06.03A or B.</text> </paragraph> <paragraph num="B."> <text>The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on those actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a family child care registration case is the final decision of the highest administrative authority in the case and thus is directly appealable to the circuit court in the jurisdiction where the child care home is located, pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.</text> </paragraph> <paragraph num="(2)"> <text>“Appellant” means the individual requesting the hearing or appealing a decision, or that individual's legal representative.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an individual applying for a registration to operate a child care home.</text> </paragraph> <paragraph num="(4)"> <text>“Capacity” means the number of children who may be in care at a child care home at the same time.</text> </paragraph> <paragraph num="(5)"> <text>“Days” means calendar days.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the State Department of Education.</text> </paragraph> <paragraph num="(7)"> <text>Emergency Action.</text> <paragraph num="(a)"> <text>"Emergency action" means an action which is effective immediately because of danger to children's health or safety.</text> </paragraph> <paragraph num="(b)"> <text>“Emergency action” may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, an immediate restriction on which individuals can be alone with children in care, or an employment exclusion pursuant to COMAR 13A.18.06.03A or B.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Filed” means received in writing by the Office of Child Care.</text> </paragraph> <paragraph num="(9)"> <text>“Filing date” is the date a hearing request is received by the Office of Child Care.</text> </paragraph> <paragraph num="(10)"> <text>“Office” means the central office or a regional office of the Office of Child Care.</text> </paragraph> <paragraph num="(11)"> <text>“Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Party” means the appellant and the Office of Child Care.</text> </paragraph> <paragraph num="(13)"> <text>“Provider” means a person registered to provide family child care.</text> </paragraph> <paragraph num="(14)"> <text>“Registration” means a certificate issued by the Department which gives a person legal permission to operate a child care home.</text> </paragraph> <paragraph num="(15)"> <text>“Superintendent” means the State Superintendent of Schools.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Hearing Requests."> <paragraph num="A."> <text>A hearing shall be held when:</text> <paragraph num="(1)"> <text>An applicant or provider requests a hearing to contest:</text> <paragraph num="(a)"> <text>The denial of an application for registration;</text> </paragraph> <paragraph num="(b)"> <text>A revocation or suspension of a registration; or</text> </paragraph> <paragraph num="(c)"> <text>Any other action that adversely impacts on registration, including, but not limited to:</text> <paragraph num="(i)"> <text>The setting of a provider's capacity at a number below that requested;</text> </paragraph> <paragraph num="(ii)"> <text>A reduction in capacity; or</text> </paragraph> <paragraph num="(iii)"> <text>A limitation on the ages or numbers of children who may be admitted to the child care home;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual requests a hearing to contest the imposition of civil penalties for providing unregistered child care or advertising family child care services without a valid large family child care certificate of registration; or</text> </paragraph> <paragraph num="(3)"> <text>An individual requests a hearing to contest the prohibition of employment at a large family child care home.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Nonemergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All nonemergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the provider or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.</text> </paragraph> <paragraph num="(3)"> <text>The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.</text> </paragraph> <paragraph num="(4)"> <text>A hearing decision shall be rendered by the Office of Administrative Hearings within 90 days of the filing date.</text> </paragraph> <paragraph num="(5)"> <text>Any nonemergency action is stayed if a hearing request is timely filed, unless the action is:</text> <paragraph num="(a)"> <text>A revocation which immediately follows an emergency suspension period; or</text> </paragraph> <paragraph num="(b)"> <text>A denial which follows the expiration of the provisional period of a registration that was issued on a provisional basis.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Emergency Action Hearing Requests.</text> <paragraph num="(1)"> <text>All emergency action hearing requests shall be filed with the Office within 30 days of the hand-delivery of the notice of the Office's action, and shall state the name and address of the provider, and the effective date and action appealed from.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.</text> </paragraph> <paragraph num="(3)"> <text>A hearing shall be conducted within 7 days of the filing date of the hearing request.</text> </paragraph> <paragraph num="(4)"> <text>A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.</text> </paragraph> <paragraph num="(5)"> <text>The filing of a hearing request may not stay an emergency action.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Preliminary Conference."> <paragraph num="A."> <text>A preliminary conference may be held before a hearing on an action if an appellant requests the conference.</text> </paragraph> <paragraph num="B."> <text>The conference is optional and does not replace the hearing process.</text> </paragraph> <paragraph num="C."> <text>The conference may be attended by a representative of the Office, the appellant, and the appellant's representative.</text> </paragraph> <paragraph num="D."> <text>The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial or Dismissal of a Hearing Request."> <paragraph num="A."> <text>The Office of Administrative Hearings may deny a request for a hearing if:</text> <paragraph num="(1)"> <text>The issue appealed is not one which adversely affects the registration of a child care home; or</text> </paragraph> <paragraph num="(2)"> <text>The date of the request is not within the required time limits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office of Administrative Hearings may dismiss an appeal if the appellant:</text> <paragraph num="(1)"> <text>Withdraws the request in writing; or</text> </paragraph> <paragraph num="(2)"> <text>Without good cause, does not appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Hearing and Appeal Procedures."> <paragraph num="A."> <text>Notice to Appellant.</text> <paragraph num="(1)"> <text>For nonemergency hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled nonemergency hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.</text> </paragraph> <paragraph num="(2)"> <text>The notice to the appellant shall:</text> <paragraph num="(a)"> <text>Refer to the regulations governing the hearing procedure; and</text> </paragraph> <paragraph num="(b)"> <text>Advise the appellant of:</text> <paragraph num="(i)"> <text>The right to be represented by a lawyer;</text> </paragraph> <paragraph num="(ii)"> <text>The right to present documents and witnesses in support of the appeal;</text> </paragraph> <paragraph num="(iii)"> <text>Whom to call if the appellant cannot attend the hearing; and</text> </paragraph> <paragraph num="(iv)"> <text>The fact that failure to attend the hearing without good cause may lead to dismissal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rescheduling of Nonemergency Action Hearings. The appellant, the Office, or the Office of Administrative Hearings may request a change in the hearing date. If the Office of Administrative Hearings finds that good cause for delay exists, another date shall be set. The time limit for rendering a decision established by Regulation .03B(4) of this chapter is extended by the period of delay due to a postponement requested by the appellant.</text> </paragraph> <paragraph num="C."> <text>Rescheduling of Emergency Action Hearings. Emergency action hearings may only be rescheduled by the Office of Administrative Hearings with the consent of both parties or on motion of a party, if substantial prejudice is demonstrated. Only one postponement of an emergency action hearing may be granted.</text> </paragraph> <paragraph num="D."> <text>The appellant may examine the appellant's family child care registration record for the purpose of discovering information pertinent to the appeal before the hearing.</text> </paragraph> <paragraph num="E."> <text>By agreement, the appellant and the Office may exchange witness lists and documents before the hearing.</text> </paragraph> <paragraph num="F."> <text>The procedures in §§D and E of this regulation do not constitute good cause for delay of a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conduct of Hearing."> <paragraph num="A."> <text>The hearing shall be conducted by an administrative law judge.</text> </paragraph> <paragraph num="B."> <text>At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.</text> </paragraph> <paragraph num="C."> <text>The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Decision."> <paragraph num="A."> <text>The administrative law judge shall:</text> <paragraph num="(1)"> <text>Base the decision on the complete record; and</text> </paragraph> <paragraph num="(2)"> <text>Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.</text> </paragraph> <paragraph num="C."> <text>The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.</text> </paragraph> <paragraph num="D."> <text>The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.</text> </paragraph> <paragraph num="E."> <text>A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.</text> </paragraph> <paragraph num="F."> <text>A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the circuit court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201—7-211.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 17); December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 25, 2023 (50:25 Md. R. 1089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> <chapter num="16" heading="Public Access to Licensing Records"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle that was alleged in the complaint has occurred or is occurring.</text> </paragraph> <paragraph num="(2)"> <text>“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.</text> </paragraph> <paragraph num="(3)"> <text>“Licensing records” means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the registering of a person or a child care home to provide child care.</text> </paragraph> <paragraph num="(4)"> <text>“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of the Department's licensing records.</text> </paragraph> <paragraph num="(5)"> <text>“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency that requests inspection of, or information from, licensing records.</text> </paragraph> <paragraph num="(6)"> <text>“Sociological information” means any of the following information about a provider, a staff member, a volunteer, or a resident in the child care home:</text> <paragraph num="(a)"> <text>Social Security number;</text> </paragraph> <paragraph num="(b)"> <text>Personal address;</text> </paragraph> <paragraph num="(c)"> <text>Personal phone number;</text> </paragraph> <paragraph num="(d)"> <text>Information regarding marital status, dependents, or relatives; and</text> </paragraph> <paragraph num="(e)"> <text>Information regarding employment status, including employment application.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Unsubstantiated complaint” means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Information from Licensing Records."> <paragraph num="A."> <text>Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:</text> <paragraph num="(1)"> <text>Findings of inspections conducted by the office in registered child care homes;</text> </paragraph> <paragraph num="(2)"> <text>Records of complaint forms pertaining to confirmed or unsubstantiated complaints;</text> </paragraph> <paragraph num="(3)"> <text>Copies of certificates of registration, including those on provisional status;</text> </paragraph> <paragraph num="(4)"> <text>Variances;</text> </paragraph> <paragraph num="(5)"> <text>Correspondence and documents requiring abatement of noncompliance with the regulations of this subtitle, including compliance agreements;</text> </paragraph> <paragraph num="(6)"> <text>Correspondence and documents pertaining to enforcement actions taken by the Department or office against a provider or a child care home, including denial letters, sanctions, emergency suspensions, and revocations; and</text> </paragraph> <paragraph num="(7)"> <text>Correspondence regarding requests for inspection of licensing records under this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:</text> <paragraph num="(1)"> <text>To public employees in the performance of their public duties;</text> </paragraph> <paragraph num="(2)"> <text>To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or</text> </paragraph> <paragraph num="(3)"> <text>When required by a duly issued subpoena.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Information from Licensing Records."> <paragraph num="A."> <text>A written request shall be filed with the custodian of record in order to:</text> <paragraph num="(1)"> <text>Conduct a physical inspection of licensing records; or</text> </paragraph> <paragraph num="(2)"> <text>Obtain a written or electronic:</text> <paragraph num="(a)"> <text>Copy of licensing records; or</text> </paragraph> <paragraph num="(b)"> <text>Report of information from licensing records that the official custodian of records does not already make available to the general public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The written request shall:</text> <paragraph num="(1)"> <text>Contain the applicant’s name, address, and telephone number; and</text> </paragraph> <paragraph num="(2)"> <text>Reasonably identify by brief description the record sought.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian of record may charge a reasonable fee for:</text> <paragraph num="(1)"> <text>The reproduction of documents sought;</text> </paragraph> <paragraph num="(2)"> <text>Official or employee time expended searching for requested records; or</text> </paragraph> <paragraph num="(3)"> <text>Any time expended in preparing records for inspection or copying.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compelling Public Purpose."> <text>A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §4-333(b), Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 17)</annotation> </annotations> </chapter> </subtitle>