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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Age 3” means that the student is 3 years old on the date specified in COMAR 13A.08.01.02. “Age 5” means that the student is 5 years old on the date specified in COMAR 13A.08.01.02. “Age 6” means that the student is 6 years old on the date specified in COMAR 13A.08.01.02. “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. “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. Bona Fide Resident. “Bona fide resident of Maryland” means a student who: Is living with a parent or guardian who resides in Maryland; Has been determined to be a bona fide resident of Maryland in accordance with local school system policies and procedures; Is from another country and attending school in Maryland under a program approved by the Department which provides for a tuition waiver; or Is homeless as defined by 42 U.S.C. §1302. “Bona fide resident of Maryland” does not include a student who: Lives in another state, but attends a public school in Maryland under a cooperative agreement with the local school system; 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 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. “Department” means the Maryland State Department of Education. “Documented retention and dropout prevention interventions” means documented actions taken by the local school system to keep the student in school. “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. “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. “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. “Local school system” means the public school system of a county and includes the Baltimore City Public School System. “Regular day program” means both the general education and special education programs operated by a local school system. 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: A student may be counted as one full-time equivalent student if the student: Is between age 5 and age 21; Is enrolled in a regular public school day program, grades 1—12 or the equivalent; and Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; 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: The student is between age 5 and age 16; The student is enrolled in a regular public school day school program, grades 1—12 or their equivalent; The school has documented retention and dropout prevention interventions with respect to the student; and The school system has documentation of at least 1 day of attendance by the student in September on file; A student with disabilities may be counted as one full-time equivalent student if the student: Is disabled; Is at least age 6 and under age 21; Is enrolled in a special education program in the public school; and Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; A student may be counted as one full-time equivalent student if the student: Is enrolled in a public school kindergarten program in Garrett County; Is at least age 5; and Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; 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: Is at least age 5; Is enrolled in a public school kindergarten program other than in Garrett County; and Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; A student may be counted as one full-time equivalent student if the student: Is a part-time student enrolled in a day public high school; Is younger than age 21 and older than age 5 at the time of enrollment; Is working to satisfy the completion of requirements for a high school diploma; Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; and 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; 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: Is a part-time student enrolled in a day or evening public high school; Is younger than age 21 and older than age 5 at the time of enrollment; Is working to satisfy the completion requirements for a high school diploma; and Is present at least 1 day in September and has not been determined to have withdrawn on or before September 30; A student may be counted as one full-time equivalent student if the student: Is between age 5 and age 21; Is enrolled in a home and hospital program operated by a local school system; and Has received at least 1 day of service in September and has not been determined to have withdrawn on or before September 30; and A student may be counted as one full-time equivalent student if the student: Is between age 5 and age 21; 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 Is under the supervision of the public school system for the purposes of: Assuring that all graduation requirements are met; Planning the dual enrollment course work for the student; and If appropriate, providing and supervising participation in extracurricular activities at the public school; Is taking four or more credit bearing courses in the early college public school program; and Is under the supervision of the public school for the purposes of: Assuring that all graduation requirements are met; Planning the dual enrollment course work of the student; and 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: The student is not present on or after September 30 or does not receive home and hospital services on or after September 30; and 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. A student may be counted as eligible for State aid under the compensatory education grant if the student: Is eligible for free and reduced price meals as of October 31 of the prior fiscal year; Is between age 5 and age 21; and Is enrolled in: A regular public school day program in grades kindergarten—12; or 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: Is eligible for free and reduced price meals as of October 31 of the prior fiscal year; Is between age 5 and age 21; and 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: 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; 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 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. A student may be counted as eligible for State aid under the English learner education grant if the student: Is between age 3 and age 21; Is enrolled in a public school in a local school system; and 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. A student may be counted as eligible for State aid under the special education grant if the student is: Between age 3 and age 21; Enrolled in a public school in a local school system unless the student is enrolled in or attending: The Maryland School for the Blind; The Maryland School for the Deaf; or An educational program operated by the State; and 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. A student may be counted as eligible for State aid under the transportation services grant if: The student is between age 3 and age 21; The student is enrolled in a public school, a school maintained by a State agency, or a nonpublic school; 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 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. 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. : Education Article, §§2-205, 5-202, 5-205—5-209, 5-212, 5-218, 5-222, 5-224, 5-225, 7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404, Annotated Code of Maryland Effective date: August 30, 1967 Regulation .02 repealed effective May 10, 1982 (9:9 Md. R. 911) Regulation .05 adopted effective August 10, 1979 (6:16 Md. R. 1331) Regulation .06 adopted effective September 19, 1980 (7:19 Md. R. 1808) (Recodified from COMAR 13.02.06.10 to 13A.02.06.06) Chapter revised effective January 15, 1989 (15:27 Md. R. 3130) Regulation .02 repealed and new Regulation .02 adopted effective September 2, 1991 (18:17 Md. R. 1919) Regulation .02F repealed effective August 15, 1994 (21:16 Md. R. 1385) Regulation .03 repealed effective August 7, 1989 (16:15 Md. R. 1651) Regulation .03 adopted effective October 5, 1998 (25:20 Md. R. 1532) Regulations .01—.03 repealed and new Regulations .01—.08 adopted effective July 1, 2003 (30:8 Md. R. 542) Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888) Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 16, 2023 (50:20 Md. R. 888) Regulation .03A amended effective November 8, 2004 (31:22 Md. R. 1596) Regulation .03A amended as an emergency provision effective November 7, 2013 (40:24 Md. R. 2015); emergency status extended to August 13, 2014 (41:5 Md. R. 339); emergency status expired Regulation .03A amended effective September 29, 2014 (41:19 Md. R. 1080) Regulation .04B amended effective November 8, 2004 (31:22 Md. R. 1596) Regulation .05 amended effective October 16, 2023 (50:20 Md. R. 888) Regulation .06A amended effective May 17, 2021 (48:10 Md. R. 401); October 16, 2023 (50:20 Md. R. 888) Regulation .07 amended effective October 16, 2023 (50:20 Md. R. 888) Regulation .07A amended effective June 30, 2008 (35:13 Md. R. 1181)