Title 13A — Subtitle 02. Local School Administration

Chapter 01. Local Boards of Education

Regulation .01 Rules for Meetings.Link Copy Citation

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.

Regulation .02 Records and Reports.Link Copy Citation

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.

Record of Hearings.

(1)

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.

(2)

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).

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.

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.

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.

Regulation .03 Specific Responsibilities.Link Copy Citation

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.

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.

Regulation .04 Length of the School Year.Link Copy Citation

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:

(1)

They demonstrate that sufficient effort has been made through calendar planning and modification; and

(2)

Natural or civil disasters or severe weather conditions are sufficiently significant to warrant waiver.

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.

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.

Application for Waiver.

(1)

In the required written application for waiver of school days, it shall be demonstrated that:

(a)

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.

(b)

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.

(2)

In considering this application, the State Board of Education may waive:

(a)

The final day needed to complete the 180-day schedule if that day falls on a Monday;

(b)

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.

Chapter 02. Emergency Plans

Regulation .01 Scope.Link Copy Citation

This chapter sets forth the requirements for emergency plans that shall be developed and implemented by each local school system in Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meaning indicated.

Terms Defined.

(1)

“Local school system” means any of the 24 local public school systems in the State.

(2)

“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:

(a)

Violent or traumatic events on school grounds during regular school hours or during school-sponsored activities; or

(b)

Events in the community that affect normal school functioning.

(3)

“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:

(a)

Violent or traumatic events on school grounds during regular school hours or during school-sponsored activities; or

(b)

Events in the community that affect normal school functioning.

(4)

“Drill” means a formalized exercise by which school system personnel, school staff, or students rehearse the plan or portions of the plan.

(5)

“Mitigation” means a preventative action taken to reduce the loss of life or damage to property from all hazards.

(6)

“Public school grounds” means local school system owned or leased buildings, the SEED School, and the land that surrounds the school building.

(7)

“SEED School” means the residential boarding education program operated under the supervision of the Department.

Regulation .03 Incorporation by Reference.Link Copy Citation

The Maryland State Department of Education Emergency Planning Guidelines for Local School Systems and Schools (December 2019) is incorporated by reference.

Regulation .04 Emergency Plan.Link Copy Citation

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:

(1)

Deals with the contingencies of man-made, technological, and natural hazards;

(2)

Conforms to the requirements of this chapter; and

(3)

Aligns with the Maryland State Department of Education Emergency Planning Guidelines for Local School Systems and Schools (December 2019).

Each local school system and the SEED School shall ensure that:

(1)

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.

(2)

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.

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:

(1)

Evacuation;

(2)

Shelter in place;

(3)

Reverse evacuation;

(4)

Lock down;

(5)

Drop, cover, and hold; and

(6)

Severe weather.

Regulation .05 Annual Certification.Link Copy Citation

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.

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.

Chapter 03. Local Administrative and Supervisory Staff

Regulation .01 Organization and Administration.Link Copy Citation

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.

Recommended Staffing.

(1)

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.

(2)

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.

(3)

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.

Regulation .02 Annual Leave of Staff.Link Copy Citation

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.

Chapter 04. Tobacco-Free School Environment

Regulation .01 Scope.Link Copy Citation

These regulations require each local school system to maintain a tobacco-free school environment.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Official school day” means the regular school day with a designated starting time and ending time as defined by the local school system.

(2)

“School buildings” means local school system owned or leased buildings.

(3)

“School grounds” means local school system owned or leased land that surrounds a school building.

(4)

Tobacco.

(a)

“Tobacco” means products derived from the tobacco plant that are smoked, chewed, sniffed, or otherwise consumed.

(b)

“Tobacco” does not include nicotine replacement therapy.

Regulation .03 Tobacco Use.Link Copy Citation

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.

Regulation .04 Notification of a Tobacco-Free Environment.Link Copy Citation

Each local school system shall post notification to students, staff, and the general public that school buildings and grounds are tobacco-free.

Regulation .05 Tobacco-Free Guidelines.Link Copy Citation

The State Department of Education shall develop guidelines to assist the local school systems in implementing a tobacco-free environment.

Regulation .06 Smoking Cessation Classes.Link Copy Citation

Each local school system is encouraged to make smoking cessation classes available to all employees.

Regulation .07 Certification Procedures.Link Copy Citation

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.

Chapter 05. Maintenance of Effort

Regulation .01 Scope.Link Copy Citation

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.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Agreed on Waiver” means a waiver based on an agreement to reduce recurring costs pursuant to Education Article §5-202(d)(9).

(2)

“County” means the county governing body and includes the Mayor and City Council of Baltimore City.

(3)

“Department” means the State Department of Education.

(4)

“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.

(5)

“Five-year moving average of education effort” means the simple average of a county’s education effort for the five preceding years.

(6)

“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.

(7)

“Impeded Ability Waiver” means a waiver for a fiscal year pursuant to Education Article, §5-202(d)(8), Annotated Code of Maryland.

(8)

“Local board” means the local board of education and includes the Board of School Commissioners of Baltimore City.

(9)

“Local wealth per pupil” means a county’s wealth divided by the county’s full-time equivalent enrollment.

(10)

“Rebasing Waiver” means a waiver to rebase maintenance of effort permanently pursuant to Education Article, §5-202(d)(10), Annotated Code of Maryland.

(11)

“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.

(12)

“Supplemental” means expenditures that are in excess of the original appropriation to the regular school operating budget that qualify as nonrecurring costs.

Regulation .03 Nonrecurring Cost Exclusion.Link Copy Citation

Calculation.

(1)

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.

(2)

Qualifying nonrecurring costs shall be limited to:

(a)

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;

(b)

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;

(c)

New instructional program start-up costs that include the cost for equipment, furniture, wiring, hardware, software, space renovations, textbooks, manipulatives, staff development, and training;

(d)

Books other than classroom textbooks to establish a new library collection and new books required in new and renovated schools;

(e)

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

(f)

Other unique one-time costs that the local board and county mutually agree to be one-time expenditures.

(3)

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.

Procedure.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

Regulation .04 Waiver of Maintenance of Effort Requirement.Link Copy Citation

Waiver Requests.

(1)

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.

(2)

There are three types of waiver requests:

(a)

Impeded Ability Waiver;

(b)

Agreed on Waiver; and

(c)

Rebasing Waiver.

(3)

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.

Public Hearing.

(1)

Upon receipt of the waiver request, the State Superintendent of Schools shall provide a preliminary assessment of the waiver request to the State Board.

(2)

Upon receipt of the waiver request, the State Board shall schedule a public hearing.

(3)

Notice of the public hearing shall include the time allotment for oral presentation.

(4)

The State Board may identify and call upon expert witnesses.

Standards for Granting Waivers.

(1)

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:

(a)

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;

(b)

A county’s tax base;

(c)

Rate of inflation relative to growth of the student population in the county;

(d)

Maintenance of effort requirement relative to the county’s statutory ability to raise revenues;

(e)

The county’s history of exceeding the required maintenance of effort amount;

(f)

An agreement between a county and a county board that a waiver should be granted;

(g)

Significant reductions in State aid to the county and municipalities of the county for the fiscal year for which a waiver is requested;

(h)

The number of waivers the county has received in the past 5 years;

(i)

The history of compensation adjustments for employees of the county board and county government; and

(j)

Other factors, upon request by the State Board.

(2)

For an Agreed on Waiver based on an agreed-on reduction in recurring costs, the county must submit:

(a)

The amount of the agreed-on reduction in recurring costs by line item in the local board’s budget;

(b)

The amount of the waiver request;

(c)

A comparison of the requested appropriation level to the amount required by Education Article, §5-202(d)(1)(i), Annotated Code of Maryland;

(d)

The document that sets forth the mutual agreement between the county and the local board; and

(e)

If the reduction in recurring costs includes reductions in personnel or personnel costs, the document that reflects the agreement of the exclusive employee representative.

(3)

For a Rebasing Waiver to rebase maintenance of effort permanently, the county shall:

(a)

Have obtained a waiver for a fiscal year under §C(1) of this regulation;

(b)

Submit the amount requested to be permanently rebased;

(c)

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

(d)

Submit a full explanation of whether and how:

(i)

The county is at its maximum taxing authority under the law;

(ii)

The county’s education appropriation is commensurate with the county’s wealth;

(iii)

The county’s history of exceeding the required maintenance of effort has made meeting the maintenance of effort requirement in future years unsustainable;

(iv)

The county has or has not received a rebasing waiver in the past 5 years; and

(v)

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.

Regulation .05 Additional Maintenance of Effort for Low-Effort Counties.Link Copy Citation

Procedure.

(1)

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.

(2)

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:

(a)

A county’s increase in local wealth per pupil between the prior fiscal year and current fiscal year;

(b)

The Statewide average increases in local wealth per pupil between the prior fiscal year and the current fiscal year; or

(c)

2.5 percent.

(3)

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.

Calculations.

(1)

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:

(a)

September 1st for fiscal years 2015—2017; and

(b)

November 1st for fiscal year 2018 and each fiscal year thereafter.

(2)

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.

(3)

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.

Chapter 06. General Financial Aid to Local School Systems

Regulation .01 Scope.Link Copy Citation

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.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Age 3” means that the student is 3 years old on the date specified in COMAR 13A.08.01.02.

(2)

“Age 5” means that the student is 5 years old on the date specified in COMAR 13A.08.01.02.

(3)

“Age 6” means that the student is 6 years old on the date specified in COMAR 13A.08.01.02.

(4)

“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.

(5)

“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.

(6)

Bona Fide Resident.

(a)

“Bona fide resident of Maryland” means a student who:

(i)

Is living with a parent or guardian who resides in Maryland;

(ii)

Has been determined to be a bona fide resident of Maryland in accordance with local school system policies and procedures;

(iii)

Is from another country and attending school in Maryland under a program approved by the Department which provides for a tuition waiver; or

(iv)

Is homeless as defined by 42 U.S.C. §1302.

(b)

“Bona fide resident of Maryland” does not include a student who:

(i)

Lives in another state, but attends a public school in Maryland under a cooperative agreement with the local school system;

(ii)

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

(iii)

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.

(7)

“Department” means the Maryland State Department of Education.

(8)

“Documented retention and dropout prevention interventions” means documented actions taken by the local school system to keep the student in school.

(9)

“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.

(10)

“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.

(11)

“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.

(12)

“Local school system” means the public school system of a county and includes the Baltimore City Public School System.

(13)

“Regular day program” means both the general education and special education programs operated by a local school system.

Regulation .03 State Financial Assistance under the Foundation Program.Link Copy Citation

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:

(1)

A student may be counted as one full-time equivalent student if the student:

(a)

Is between age 5 and age 21;

(b)

Is enrolled in a regular public school day program, grades 1—12 or the equivalent; and

(c)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;

(2)

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:

(a)

The student is between age 5 and age 16;

(b)

The student is enrolled in a regular public school day school program, grades 1—12 or their equivalent;

(c)

The school has documented retention and dropout prevention interventions with respect to the student; and

(d)

The school system has documentation of at least 1 day of attendance by the student in September on file;

(3)

A student with disabilities may be counted as one full-time equivalent student if the student:

(a)

Is disabled;

(b)

Is at least age 6 and under age 21;

(c)

Is enrolled in a special education program in the public school; and

(d)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;

(4)

A student may be counted as one full-time equivalent student if the student:

(a)

Is enrolled in a public school kindergarten program in Garrett County;

(b)

Is at least age 5; and

(c)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;

(5)

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:

(a)

Is at least age 5;

(b)

Is enrolled in a public school kindergarten program other than in Garrett County; and

(c)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;

(6)

A student may be counted as one full-time equivalent student if the student:

(a)

Is a part-time student enrolled in a day public high school;

(b)

Is younger than age 21 and older than age 5 at the time of enrollment;

(c)

Is working to satisfy the completion of requirements for a high school diploma;

(d)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; and

(e)

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;

(7)

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:

(a)

Is a part-time student enrolled in a day or evening public high school;

(b)

Is younger than age 21 and older than age 5 at the time of enrollment;

(c)

Is working to satisfy the completion requirements for a high school diploma; and

(d)

Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30;

(8)

A student may be counted as one full-time equivalent student if the student:

(a)

Is between age 5 and age 21;

(b)

Is enrolled in a home and hospital program operated by a local school system; and

(c)

Has received at least 1 day of service in September and has not been determined to have withdrawn on or before September 30; and

(9)

A student may be counted as one full-time equivalent student if the student:

(a)

Is between age 5 and age 21;

(b)

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

(c)

Is under the supervision of the public school system for the purposes of:

(i)

Assuring that all graduation requirements are met;

(ii)

Planning the dual enrollment course work for the student; and

(iii)

If appropriate, providing and supervising participation in extracurricular activities at the public school;

(d)

Is taking four or more credit bearing courses in the early college public school program; and

(e)

Is under the supervision of the public school for the purposes of:

(i)

Assuring that all graduation requirements are met;

(ii)

Planning the dual enrollment course work of the student; and

(iii)

Providing and supervising participation in extracurricular activities at the public school, if appropriate.

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:

(1)

The student is not present on or after September 30 or does not receive home and hospital services on or after September 30; and

(2)

The local school system determines before filing the end of November adjustment report that the student has withdrawn.

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.

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.

Regulation .04 State Financial Assistance under the Compensatory Education Grant.Link Copy Citation

A student may be counted as eligible for State aid under the compensatory education grant if the student:

(1)

Is eligible for free and reduced price meals as of October 31 of the prior fiscal year;

(2)

Is between age 5 and age 21; and

(3)

Is enrolled in:

(a)

A regular public school day program in grades kindergarten—12; or

(b)

A home and hospital program operated by a local school system.

A student with disabilities may be counted as eligible for State aid under the compensatory education grant if the student:

(1)

Is eligible for free and reduced price meals as of October 31 of the prior fiscal year;

(2)

Is between age 5 and age 21; and

(3)

Is enrolled in a special education program in the public school.

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.

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.

Each local school system shall submit a report to the Department each year which includes:

(1)

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;

(2)

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

(3)

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.

Regulation .05 State Financial Assistance Under the English Learner Education Grant.Link Copy Citation

A student may be counted as eligible for State aid under the English learner education grant if the student:

(1)

Is between age 3 and age 21;

(2)

Is enrolled in a public school in a local school system; and

(3)

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.

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.

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.

Regulation .06 State Financial Assistance Under the Special Education Grant.Link Copy Citation

A student may be counted as eligible for State aid under the special education grant if the student is:

(1)

Between age 3 and age 21;

(2)

Enrolled in a public school in a local school system unless the student is enrolled in or attending:

(a)

The Maryland School for the Blind;

(b)

The Maryland School for the Deaf; or

(c)

An educational program operated by the State; and

(3)

Receiving special education services, as defined in the federal Individuals with Disabilities Education Act, on October 1 of the prior fiscal year.

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.

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.

Regulation .07 State Financial Assistance Under the Transportation Services Grant.Link Copy Citation

A student may be counted as eligible for State aid under the transportation services grant if:

(1)

The student is between age 3 and age 21;

(2)

The student is enrolled in a public school, a school maintained by a State agency, or a nonpublic school;

(3)

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

(4)

The student is receiving services as of the last Friday in October of the prior fiscal year.

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.

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.

Regulation .08 General Requirements.Link Copy Citation

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.

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.

Chapter 07. Annual Audits of Financial Statements and Federal Awards

Regulation .01 Scope.Link Copy Citation

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.

Regulation .02 Definitions.Link Copy Citation

In these regulations, the following terms have the meanings indicated.

Terms Defined.

(1)

“Department” means the Maryland State Department of Education.

(2)

“Fiscal year” means the period beginning on July 1 of a calendar year and ending on June 30 of the next calendar year.

(3)

“Local board” means the board of education of a county and includes the Board of School Commissioners of Baltimore City.

Regulation .03 Incorporation by Reference.Link Copy Citation

In this chapter, the following documents are incorporated by reference.

Documents Incorporated.

(1)

Audit and Accounting Guide for State and Local Governments (2005 Edition—American Institute of Certified Public Accountants).

(2)

Government Auditing Standards (2003 Revision—Comptroller General of the United States).

(3)

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).

(4)

The Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (62 FR 35278 (2003)).

(5)

Office of Management and Budget Circular A-133 Compliance Supplement (64 FR 26793 (2004)).

Regulation .04 Audits of Financial Statements.Link Copy Citation

Audit Required. Each local board shall have an audit made of its financial statements for each fiscal year in accordance with this regulation.

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.

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.

Standards. The auditor shall conduct the audit in accordance with generally accepted auditing standards and the requirements set forth in the following documents:

(1)

“Audit and Accounting Guide for State and Local Governments”; and

(2)

“Government Auditing Standards”.

Report on Audit of Financial Statements. The audit reporting package shall include, at a minimum:

(1)

The auditor's opinion which states whether the local board's financial statements are presented fairly in accordance with generally accepted accounting principles;

(2)

Management's discussion and analysis of the local board's financial performance during the fiscal year;

(3)

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:

(a)

Statement of net assets;

(b)

Statement of activities that presents expenses and revenues by individual functions and the corresponding change in net assets;

(c)

Governmental funds balance sheet;

(d)

Reconciliation of the governmental funds balance sheet to the statement of net assets;

(e)

Statement of revenues, expenditures, and changes in fund balances of governmental funds;

(f)

Reconciliation of the statement of revenues, expenditures, and changes in fund balances of governmental funds to the statement of activities;

(g)

Statement of net assets of proprietary funds;

(h)

Statement of revenues, expenses, and changes to fund net assets of proprietary funds;

(i)

Statement of cash flows of proprietary funds;

(j)

Statement of fiduciary net assets; and

(k)

Notes to the financial statements with all required disclosures;

(4)

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;

(5)

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

(6)

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.

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.

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.

Regulation .05 Audits of Federal Awards.Link Copy Citation

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.

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.

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.

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.

Regulation .06 Audit Resolution.Link Copy Citation

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.

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.

Regulation .07 Fraudulent Acts.Link Copy Citation

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.

The local superintendent of schools shall promptly notify the Department of the fraudulent acts and any actions taken or proposed.

Fraudulent acts include:

(1)

Fraudulent financial reporting;

(2)

Misappropriations of funds or other assets; and

(3)

Conflicts of interest.

Regulation .08 Inspection and Retention of Records.Link Copy Citation

Audit reports shall be made available by the local superintendent of schools for public inspection within 30 days after receipt of the audit report.

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.

Audit working papers shall be made available upon request to the Department or an appropriate federal agency.

Regulation .09 Extensions of Time.Link Copy Citation

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.

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.

Regulation .10 Relation to Other Audit Requirements.Link Copy Citation

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.

Chapter 08. Recognition of Employee Organizations

Repealed

Chapter 09. Closing of Schools

Regulation .01 Adoption of Procedures to Govern School Closings.Link Copy Citation

Each local board of education shall establish procedures to be used in making decisions on school closings.

The procedures shall ensure, at a minimum, that consideration is given to the impact of the proposed closing on the following factors:

(1)

Student enrollment trends;

(2)

Age or condition of school buildings;

(3)

Transportation;

(4)

Educational programs;

(5)

Racial composition of student body;

(6)

Financial considerations;

(7)

Student relocation;

(8)

Impact on community in geographic attendance area for school proposed to be closed and school, or schools, to which students will be relocating.

The procedures shall provide, at a minimum, for the following requirements:

(1)

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:

(a)

The public hearing shall take place before any final decision by a local board of education to close a school;

(b)

Time limits on the submission of oral or written testimony and data shall be clearly defined in the notification of the public meeting.

(2)

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:

(a)

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;

(b)

The newspaper notification shall include the procedures that will be followed by the local board of education in making its final decision;

(c)

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.

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:

(1)

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;

(2)

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;

(3)

The final decision shall include notification of the right to appeal to the State Board of Education as set forth in Regulation .03.

Regulation .02 Date of Decision.Link Copy Citation

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.

Regulation .03 Appeal to State Board of Education.Link Copy Citation

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.

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.

Chapter 10. Maryland Public Charter School Program

Regulation .01 Purpose.Link Copy Citation

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.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Buy back” means a good or service that a public charter school elects to purchase from the local school system.

(2)

“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.

(3)

“Public charter school” means a public school that:

(a)

Is nonsectarian in all its programs, policies, and operations;

(b)

Is a school to which parents choose to send their children;

(c)

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;

(d)

Is a new public school or a conversion of an existing public school;

(e)

Provides a program of elementary or secondary education or both;

(f)

Operates in pursuit of a specific set of educational objectives;

(g)

Is tuition-free;

(h)

Is subject to federal and State laws prohibiting discrimination;

(i)

Is in compliance with all applicable health and safety laws;

(j)

Is in compliance with Education Article, §9-107, Annotated Code of Maryland;

(k)

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;

(l)

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

(m)

Is created in accordance with Education Article, Title 9, Annotated Code of Maryland, this chapter, and the appropriate local board policy.

(4)

“Special education adjustment” means an amount that:

(a)

Equals the difference between:

(i)

A local school system’s actual expenditures on special education services and special education transportation during the prior fiscal year; and

(ii)

The local, State, and federal revenue dedicated to those costs that the local school system received the prior fiscal year; and

(b)

Is allocated to meet the needs of students with disabilities in the local school system, including students with disabilities enrolled in public charter schools.

Regulation .03 Waivers for Public Charter Schools on Federal Military Bases.Link Copy Citation

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:

(1)

Is located on property within a federal military base in the State; and

(2)

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.

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:

(1)

Admit all students on a lottery basis in accordance with Education Article, §9-102.2, Annotated Code of Maryland; and

(2)

Take reasonable steps to maintain the 35 percent to 65 percent ratio intended as part of the initial cohort of students in a grade.

Regulation .04 Admission of Students on a Lottery Basis.Link Copy Citation

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:

(1)

Eligible for free or reduced price meals;

(2)

A student with disabilities;

(3)

A student with limited English proficiency;

(4)

Homeless, as defined by the federal McKinney-Vento Homeless Assistance Act; or

(5)

A sibling of a student currently enrolled in the public charter school for which the sibling is applying.

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.

Geographic Attendance Area.

(1)

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.

(2)

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.

(3)

Subject to §§C(2) and (4) of this regulation, the public charter school shall:

(a)

Admit students on a lottery basis to its remaining available space; and

(b)

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.

(4)

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.

Guaranteed Placement Through Lottery.

(1)

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.

(2)

A public charter school shall qualify under §D(1) of this regulation if:

(a)

The operator operates two or more public charter schools in the county; and

(b)

When combined, the public charter schools operated by the operator form an integrated multiyear academic program.

(3)

Subject to §D(1) of this regulation, the public charter school shall:

(a)

Admit students on a lottery basis to its remaining available space; and

(b)

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.

(4)

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.

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.

Regulation .05 Waiver for Converted Public Charter Schools.Link Copy Citation

A local board may grant a waiver from Education Article, §9-102(3), Annotated Code of Maryland, to:

(1)

A converted public charter school that:

(a)

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;

(b)

Is a low-performing school as identified by the local board;

(c)

Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and

(d)

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:

(i)

Serving a high-need population;

(ii)

Increasing student performance;

(iii)

Increasing enrollment; or

(iv)

Increasing student diversity; or

(2)

A converted public charter school that is seeking renewal of an existing charter contract that was granted under §A(1) of this regulation.

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.

Regulation .06 Chartering Authority.Link Copy Citation

The public chartering authority for the granting of a charter shall be a local board of education.

Regulation .07 Applications to Establish Public Charter Schools.Link Copy Citation

Submission of Applications by Eligible Schools and Entities.

(1)

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.

(2)

An application to establish a public charter school may be submitted to a local board by:

(a)

The staff of a public school;

(b)

A parent or guardian of a student who attends a public school in the county;

(c)

A nonsectarian nonprofit entity;

(d)

A nonsectarian institution of higher education in the State; or

(e)

Any combination of persons specified in §A(2) of this regulation.

(3)

An application shall include:

(a)

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

(b)

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.

(4)

A public chartering authority may not grant a charter under this chapter to:

(a)

A private school;

(b)

A parochial school;

(c)

A home school; or

(d)

A school that operates fully online.

(5)

Timeline for Decision.

(a)

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.

(b)

For a restructured school:

(i)

The local board shall review the application and render a decision within 30 days of receipt of the application;

(ii)

The local board may apply to the State Board for an extension of up to 15 days;

(iii)

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

(iv)

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.

(6)

Contingent Approval.

(a)

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.

(b)

The contingent approval granted under §A(6)(a) of this regulation may be contingent on:

(i)

A public charter school’s ability to meet any timelines established by the public chartering authority for the securing of a facility; and

(ii)

Final approval by the public chartering authority regarding the suitability of the facility secured by the public charter school.

Separate Consideration of Weighted Lottery Process.

(1)

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.

(2)

A decision of a public chartering authority under §B(1) of this regulation may not be appealed to the State Board.

Inclusion of Staffing Model.

(1)

An application to establish a public charter school may include a staffing model, including provisions for staff recruitment, training, evaluation, and professional development.

(2)

A public charter school may submit a staffing model with a renewal application or with an amendment to an existing charter.

Denial of Application and Appeals.

(1)

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.

(2)

The State Board shall render a decision within 120 days of the filing of an appeal.

(3)

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.

Regulation .08 Renewal of Certain Public Charter School Contracts.Link Copy Citation

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:

(1)

Sound fiscal management; and

(2)

Student achievement that exceeds the average in the local school system in which the public charter school is located on:

(a)

Statewide assessments; and

(b)

Other measures developed by the State Board.

Submission of Application to Public Chartering Authority:

(1)

An eligible public charter school may submit to a public chartering authority:

(a)

An application for renewal of an existing charter contract that incorporates the provisions of §D of this regulation; or

(b)

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.

(2)

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.

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.

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:

(1)

Textbook, instructional program, curriculum, professional development, and scheduling requirements;

(2)

A requirement to establish a school community council;

(3)

Except for Title I schools, a requirement to establish a school improvement plan;

(4)

Except for schools with a school activity fund, a requirement to provide school activity fund disclosure statements; and

(5)

Except for prekindergarten classes, class size or staffing ratios.

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.

Assignment of Staff.

(1)

An eligible public charter school may not be assigned a principal without the written consent of the operator of the eligible public charter school.

(2)

Staff Assignment and Transfer.

(a)

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.

(b)

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.

Nothing in this regulation may be construed to take precedence over an agreement of a local bargaining unit in a local school system.

Except as otherwise provided in this regulation, an eligible public charter school is subject to the provisions of this chapter.

Regulation .09 Certification of Professional Staff Required.Link Copy Citation

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.

Regulation .10 Compliance with Laws and Regulations Governing Other Public Schools Required.Link Copy Citation

Subject to §B of this regulation, a public charter school shall comply with the provisions of law and regulation governing other public schools.

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:

(1)

A local board for policies that are the policies of the local board; and

(2)

The State Board for policies that are the policies of the State Board.

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.

A waiver may not be granted from provisions of law or regulation relating to:

(1)

Audit requirements;

(2)

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

(3)

The health, safety, or civil rights of a student or an employee of the public charter school.

Regulation .11 Students with Disabilities and Special Education Compliance Required.Link Copy Citation

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.

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.

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.

Regulation .12 Public Charter School Employees.Link Copy Citation

Employees of a public charter schools:

(1)

Are public school employees, as defined in Education Article, §§ 6-401(e) and 6-501(g), Annotated Code of Maryland;

(2)

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

(3)

Shall have the rights granted under Education Article, Title 6, Subtitles 4 and 5, Annotated Code of Maryland.

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.

Regulation .13 Commensurate Funding.Link Copy Citation

Formula.

(1)

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.

(2)

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:

(a)

Identify all local, State, and federal revenue sources, consistent with §A(3) of this regulation, contained in the local school system’s operating budget;

(b)

Identify the enrollment counts, consistent with §A(4) of this regulation, for the local school system and each public charter school;

(c)

Divide each local, State, and federal revenue source that is not eligibility based by total enrollment;

(d)

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;

(e)

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;

(f)

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;

(g)

Add the results from §A(2)(d) and (f) of this regulation;

(h)

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;

(i)

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;

(j)

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;

(k)

Add the results from §§A(2)(i) and (j) of this regulation; and

(l)

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.

(3)

Revenue Sources.

(a)

The preliminary total per pupil allocation shall be calculated using 100 percent of each revenue source.

(b)

Any restrictions applicable to a revenue source shall continue to apply notwithstanding this regulation.

(c)

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.

(4)

Enrollment Counts.

(a)

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:

(i)

The enrollment data collected on September 30 or an alternate date set by the Department; or

(ii)

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.

(b)

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.

(5)

Special Education Allocation.

(a)

The special education allocation identified in §A(2) of this regulation shall be determined by the local school system based on:

(i)

The special education revenue and special education transportation revenue for which each student enrolled in each public charter school is eligible;

(ii)

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

(iii)

Equivalent costs for services delivered in other schools within the local school system.

(b)

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:

(i)

Excluded from the public charter school’s preliminary total per pupil allocation; and

(ii)

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.

(c)

If a public charter school elects to manage special education directly, the special education allocation amount shall be:

(i)

Included in the public charter school’s preliminary total per pupil allocation; and

(ii)

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.

(d)

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.

(e)

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.

(6)

The local board shall identify a final total per pupil allocation for each public charter school after:

(a)

Negotiating with the public charter schools in good faith regarding in-kind services, buy backs, and the management of special education; and

(b)

Subtracting the cost of the negotiated items from the preliminary total per pupil allocation.

(7)

The local board shall provide each public charter school with a table showing:

(a)

The calculation of its preliminary total per pupil allocation, including:

(i)

The base per pupil allocation;

(ii)

The eligibility per pupil allocation;

(iii)

The special education allocation;

(iv)

The amount of the shared cost deductions; and

(v)

The amount the administrative fee;

(b)

The calculation of its final total per pupil allocation; and

(c)

To the extent practicable, the per pupil allocation of a comparable public school that is not a public charter school.

(8)

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.

(9)

Compliance Monitoring.

(a)

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.

(b)

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.

Shared Cost Deductions.

(1)

A local board may apply shared cost deductions when calculating commensurate funding under §A of this regulation.

(2)

Each of the following shared cost deductions may be applied by a local board:

(a)

Retiree benefits;

(b)

Adult education;

(c)

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

(d)

If a public charter school occupies one of the local board’s buildings, debt service.

Administrative Fee.

(1)

A local board may charge an administrative fee to each public charter school in its jurisdiction.

(2)

The administrative fee shall account for the costs related to:

(a)

Implementation of Education Article, §9-110(a), Annotated Code of Maryland;

(b)

Local superintendent and local board administration;

(c)

Special education and student services administration; and

(d)

Human resources administration.

(3)

The administrative fee applied by a local board shall:

(a)

Not exceed 5 percent of each public charter school’s preliminary total per pupil allocation; and

(b)

Be adequately documented, including the specific services rendered, in the table provided to each public charter school under §A(7) of this regulation.

Regulation .14 Public Charter School Policies.Link Copy Citation

Submission of Public Charter School Policy to the State Board.

(1)

Each local board shall develop a public charter school policy and provide it to the State Board.

(2)

The policy required under §A(1) of this regulation shall include guidelines and procedures regarding:

(a)

Evaluation of public charter schools;

(b)

Revocation of a charter;

(c)

Reporting requirements;

(d)

Financial, programmatic, or compliance audits of public charter schools; and

(e)

Calculation of commensurate funding, including the formula established under Regulation .13 of this chapter.

(3)

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.

Regulation .15 School Sites or Buildings Available for Public Charter School Use.Link Copy Citation

Notice of Availability of School Sites or Buildings.

(1)

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.

(2)

Each local board:

(a)

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

(b)

May consider the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building.

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.

Regulation .16 Property Tax Exemption.Link Copy Citation

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.

Title 13A — Subtitle 02. Local School Administration

Chapter 01. Local Boards of Education

Regulation .01 Rules for Meetings.LinkCopy Citation

Regulation .02 Records and Reports.LinkCopy Citation

Regulation .03 Specific Responsibilities.LinkCopy Citation

Regulation .04 Length of the School Year.LinkCopy Citation

Chapter 02. Emergency Plans

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Incorporation by Reference.LinkCopy Citation

Regulation .04 Emergency Plan.LinkCopy Citation

Regulation .05 Annual Certification.LinkCopy Citation

Chapter 03. Local Administrative and Supervisory Staff

Regulation .01 Organization and Administration.LinkCopy Citation

Regulation .02 Annual Leave of Staff.LinkCopy Citation

Chapter 04. Tobacco-Free School Environment

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Tobacco Use.LinkCopy Citation

Regulation .04 Notification of a Tobacco-Free Environment.LinkCopy Citation

Regulation .05 Tobacco-Free Guidelines.LinkCopy Citation

Regulation .06 Smoking Cessation Classes.LinkCopy Citation

Regulation .07 Certification Procedures.LinkCopy Citation

Chapter 05. Maintenance of Effort

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Nonrecurring Cost Exclusion.LinkCopy Citation

Regulation .04 Waiver of Maintenance of Effort Requirement.LinkCopy Citation

Regulation .05 Additional Maintenance of Effort for Low-Effort Counties.LinkCopy Citation

Chapter 06. General Financial Aid to Local School Systems

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 State Financial Assistance under the Foundation Program.LinkCopy Citation

Regulation .04 State Financial Assistance under the Compensatory Education Grant.LinkCopy Citation

Regulation .05 State Financial Assistance Under the English Learner Education Grant.LinkCopy Citation

Regulation .06 State Financial Assistance Under the Special Education Grant.LinkCopy Citation

Regulation .07 State Financial Assistance Under the Transportation Services Grant.LinkCopy Citation

Regulation .08 General Requirements.LinkCopy Citation

Chapter 07. Annual Audits of Financial Statements and Federal Awards

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Incorporation by Reference.LinkCopy Citation

Regulation .04 Audits of Financial Statements.LinkCopy Citation

Regulation .05 Audits of Federal Awards.LinkCopy Citation

Regulation .06 Audit Resolution.LinkCopy Citation

Regulation .07 Fraudulent Acts.LinkCopy Citation

Regulation .08 Inspection and Retention of Records.LinkCopy Citation

Regulation .09 Extensions of Time.LinkCopy Citation

Regulation .10 Relation to Other Audit Requirements.LinkCopy Citation

Chapter 08. Recognition of Employee Organizations

Chapter 09. Closing of Schools

Regulation .01 Adoption of Procedures to Govern School Closings.LinkCopy Citation

Regulation .02 Date of Decision.LinkCopy Citation

Regulation .03 Appeal to State Board of Education.LinkCopy Citation

Chapter 10. Maryland Public Charter School Program

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Waivers for Public Charter Schools on Federal Military Bases.LinkCopy Citation

Regulation .04 Admission of Students on a Lottery Basis.LinkCopy Citation

Regulation .05 Waiver for Converted Public Charter Schools.LinkCopy Citation

Regulation .06 Chartering Authority.LinkCopy Citation

Regulation .07 Applications to Establish Public Charter Schools.LinkCopy Citation

Regulation .08 Renewal of Certain Public Charter School Contracts.LinkCopy Citation

Regulation .09 Certification of Professional Staff Required.LinkCopy Citation

Regulation .10 Compliance with Laws and Regulations Governing Other Public Schools Required.LinkCopy Citation

Regulation .11 Students with Disabilities and Special Education Compliance Required.LinkCopy Citation

Regulation .12 Public Charter School Employees.LinkCopy Citation

Regulation .13 Commensurate Funding.LinkCopy Citation

Regulation .14 Public Charter School Policies.LinkCopy Citation

Regulation .15 School Sites or Buildings Available for Public Charter School Use.LinkCopy Citation

Regulation .16 Property Tax Exemption.LinkCopy Citation

Regulation .01 Rules for Meetings.Link Copy Citation

Regulation .02 Records and Reports.Link Copy Citation

Regulation .03 Specific Responsibilities.Link Copy Citation

Regulation .04 Length of the School Year.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Incorporation by Reference.Link Copy Citation

Regulation .04 Emergency Plan.Link Copy Citation

Regulation .05 Annual Certification.Link Copy Citation

Regulation .01 Organization and Administration.Link Copy Citation

Regulation .02 Annual Leave of Staff.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Tobacco Use.Link Copy Citation

Regulation .04 Notification of a Tobacco-Free Environment.Link Copy Citation

Regulation .05 Tobacco-Free Guidelines.Link Copy Citation

Regulation .06 Smoking Cessation Classes.Link Copy Citation

Regulation .07 Certification Procedures.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Nonrecurring Cost Exclusion.Link Copy Citation

Regulation .04 Waiver of Maintenance of Effort Requirement.Link Copy Citation

Regulation .05 Additional Maintenance of Effort for Low-Effort Counties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 State Financial Assistance under the Foundation Program.Link Copy Citation

Regulation .04 State Financial Assistance under the Compensatory Education Grant.Link Copy Citation

Regulation .05 State Financial Assistance Under the English Learner Education Grant.Link Copy Citation

Regulation .06 State Financial Assistance Under the Special Education Grant.Link Copy Citation

Regulation .07 State Financial Assistance Under the Transportation Services Grant.Link Copy Citation

Regulation .08 General Requirements.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Incorporation by Reference.Link Copy Citation

Regulation .04 Audits of Financial Statements.Link Copy Citation

Regulation .05 Audits of Federal Awards.Link Copy Citation

Regulation .06 Audit Resolution.Link Copy Citation

Regulation .07 Fraudulent Acts.Link Copy Citation

Regulation .08 Inspection and Retention of Records.Link Copy Citation

Regulation .09 Extensions of Time.Link Copy Citation

Regulation .10 Relation to Other Audit Requirements.Link Copy Citation

Regulation .01 Adoption of Procedures to Govern School Closings.Link Copy Citation

Regulation .02 Date of Decision.Link Copy Citation

Regulation .03 Appeal to State Board of Education.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Waivers for Public Charter Schools on Federal Military Bases.Link Copy Citation

Regulation .04 Admission of Students on a Lottery Basis.Link Copy Citation

Regulation .05 Waiver for Converted Public Charter Schools.Link Copy Citation

Regulation .06 Chartering Authority.Link Copy Citation

Regulation .07 Applications to Establish Public Charter Schools.Link Copy Citation

Regulation .08 Renewal of Certain Public Charter School Contracts.Link Copy Citation

Regulation .09 Certification of Professional Staff Required.Link Copy Citation

Regulation .10 Compliance with Laws and Regulations Governing Other Public Schools Required.Link Copy Citation

Regulation .11 Students with Disabilities and Special Education Compliance Required.Link Copy Citation

Regulation .12 Public Charter School Employees.Link Copy Citation

Regulation .13 Commensurate Funding.Link Copy Citation

Regulation .14 Public Charter School Policies.Link Copy Citation

Regulation .15 School Sites or Buildings Available for Public Charter School Use.Link Copy Citation

Regulation .16 Property Tax Exemption.Link Copy Citation