A kindergarten program operated by a public institution of post-secondary education shall meet the requirements of this regulation. The educational program shall comply with the instructional program requirements applicable to public school kindergarten programs found in: COMAR 13A.04.06 — Program of Instruction in Personal Financial Literacy; COMAR 13A.04.08 — Program in Social Studies; COMAR 13A.04.09 — Program in Science; COMAR 13A.04.12 — Program in Mathematics; COMAR 13A.04.13 — Program in Physical Education; COMAR 13A.04.14 — Program in English Language Arts; COMAR 13A.04.16 — Programs in Fine Arts; and COMAR 13A.04.18 — Program in Comprehensive Health Education. Each teacher in the kindergarten program shall hold a Maryland teaching certificate in early childhood education. The educational program shall maintain enrollment and attendance records for a period of 3 years after a child leaves the program. By September 1, 1994, and every 5 years after that, the administrative head of the public institution of post-secondary education shall certify to the State Superintendent of Schools that the kindergarten program meets, at a minimum, the requirements set forth in this chapter. Education Article, §§2-205(h), 4-110, 7-203, 7-204, and 8-403, Annotated Code of Maryland Effective date: February 24, 1965 Regulation .02 repealed and new Regulation .02 adopted effective April 6, 1987 (14:7 Md. R. 833) Regulation .03 amended effective February 22, 1980 (7:4 Md. R. 350) Regulation .04 adopted effective September 22, 1978 (5:19 Md. R. 1446) Regulation .04 amended effective July 4, 1983 (10:13 Md. R. 1181) Regulation .04C amended effective February 22, 1980 (7:4 Md. R. 350); November 23, 1981 (8:23 Md. R. 1858); March 1, 1982 (9:4 Md. R. 332); April 23, 1984 (11:8 Md. R. 715); November 3, 1986 (13:22 Md R. 2400) Regulation .04G amended effective July 29, 1985 (12:15 Md. R. 1524) Chapter revised effective January 15, 1989 (15:27 Md. R. 3131) Regulation .03 amended effective August 15, 1994 (21:16 Md. R. 1386) Regulation .03C amended as an emergency provision effective May 2, 1989 (16:10 Md. R. 1102); amended permanently effective October 16, 1989 (16:20 Md. R. 2181) Regulation .03C amended effective September 28, 1992 (19:19 Md. R. 1709); November 6, 1995 (22:22 Md. R. 1668); March 18, 2002 (29:5 Md. R. 504) Regulation .03D amended effective November 6, 1995 (22:22 Md. R. 1668) Regulation .04 adopted effective August 15, 1994 (21:16 Md. R. 1386) Chapter revised effective July 19, 2004 (31:14 Md. R. 1079) Regulation .01B amended effective June 19, 2017 (44:12 Md. R. 589) This chapter sets out the enrollment, credit, student service, and State assessment requirements for graduation from a public high school in Maryland. It is the expectation of the State Board that each student enrolled in a public school system in Maryland shall earn a Maryland High School Diploma in accordance with the requirements set forth in this chapter. Upon notifying the State Superintendent of Schools, each local school system may establish graduation requirements beyond the minimum requirements established by the State Board. In this chapter, the following terms have the meanings indicated. Terms Defined. “Credit” means successful demonstration of a specified unit of study. “Department” means the State Department of Education. “EOC Assessment” means an end-of-course assessment that comprises 20 percent of the student’s grade in that course. “Individualized education program (IEP)” means a written description for a student with a disability that is developed, reviewed, and revised in accordance with 20 U.S.C. §1414 and COMAR 13A.05.01. “Maryland Comprehensive Assessments” means the assessments within the Maryland Comprehensive Assessment Program in algebra, science, English, and government developed or adopted by the Department that are aligned with and measure a student’s skills and knowledge as set forth in the Maryland Standards for those subjects. Beginning with students entering the 9th grade class of 2014—2015 school year, each student shall enroll in a mathematics course in each year of high school that the student attends, up to a maximum of 4 years of attendance, unless in the 5th or 6th year a mathematics course is needed to meet a graduation requirement. To be awarded a diploma, a student who entered the 9th grade class in the 2020—2021 school year or earlier shall be enrolled in a Maryland public school system and shall have earned a minimum of 21 credits that include the following specified credits: English — four credits of organized instruction in comprehension of literary and informational text, writing, speaking and listening, language, and literacy, of which one credit shall be aligned with the Maryland Comprehensive Assessment for English; Fine Arts — one credit in dance, media arts, music, theatre, or visual art, or a combination of these; Mathematics — three credits, including one with instruction in algebra aligned with the Maryland Comprehensive Assessment for algebra or one or more credits in subsequent mathematics courses for which Algebra I is a prerequisite, and one with instruction in geometry aligned with the content standards for geometry; Physical education — one-half credit; Health education — one-half credit; Science — three credits of organized instruction which includes a laboratory component engaging in the application of the science and engineering practices, the crosscutting concepts, and disciplinary core ideas including Earth/space science, life science, physical science (chemistry and physics), engineering, and technology, aligned to the Maryland Comprehensive Assessment for science; Social studies — three credits including one credit in United States history, one credit in world history, and one credit in local, State, and national government aligned with the Maryland Comprehensive Assessment for government; Technology education — one credit that includes the application of knowledge, tools, and skills to solve practical problems and extend human capabilities; and One of the following: Two credits of world language, which may include American Sign Language; Two credits of advanced technology education; or Successfully complete a State-approved career and technology program. Beginning with students entering the 9th grade class in the 2021—2022 school year, to be awarded a diploma, a student shall be enrolled in a Maryland public school system and shall have earned a minimum of 22 credits that include the following specified credits: English — four credits of organized instruction in comprehension of literary and informational text, writing, speaking and listening, language, and literacy, of which one credit shall be aligned with the Maryland Comprehensive Assessment for English; Fine arts — one credit in dance, media arts, music, theatre, or visual art, or a combination of these; Mathematics — four credits, including one with instruction in algebra aligned with the Maryland Comprehensive Assessment for algebra or one or more credits in subsequent mathematics courses for which Algebra I is a prerequisite, and one with instruction in geometry aligned with the content standards for geometry; Physical education — one-half credit; Health education — one credit; Science — three credits, designed to develop scientific literacy with all courses integrating the application of the science and engineering practices, crosscutting concepts, and each containing a laboratory component, including one credit in life science aligned to the Maryland Comprehensive Assessment for Life Science; one credit in physical science (including chemistry, physics, or integrated physical science); and one credit in Earth/space science or a course with the topics of Earth/space science integrated; Social studies — three credits including one credit in United States history, one credit in world history, and one credit in local, State, and national government aligned with the Maryland Comprehensive Assessment for government; Computer science, engineering, or technology education — one credit that includes the study of computers and algorithmic processes or the application of knowledge, tools, and skills to solve practical problems and extend human capabilities; and One of the following: Two credits of the same world language, which may include two credits of American Sign Language; or Successful completion of a State-approved career and technical education program. Elective programs and instruction shall be developed at the discretion of the local school system, open to enrollment for all students, and shall focus on in-depth study in required subject areas, exploration, or application and integration of what has been learned. All students must complete a locally designed high school program of environmental literacy as set forth in COMAR 13A.04.17 that is approved by the State Superintendent of Schools. In addition to earning credits during the regular school day and year, credits may be earned, at the discretion of the local school system, through the means specified in §§B—H of this regulation. Summer School. Each local school system may provide summer school programs for original and review credit as determined by the needs of students. Credit instruction shall meet the aggregate time requirements specified by the local school system. Consistent with local school system policy and procedure, credit may be given for acceptable summer study offered by approved public and nonpublic institutions in or outside of Maryland. Evening School. A local school system may provide evening school programs for credit as an extension of the regular school day as determined by the needs of students. Online Courses. Consistent with local school system policy and procedure, credit may be given for Department-approved online courses. If credit is to be applied toward minimum graduation requirements, the Department-approved online course shall be provided by the local school system or through a Maryland Higher Education Institution as part of dual enrollment, as set forth in Education Article, §18-14-01, Annotated Code of Maryland. Work Study Programs, Job Entry Training Programs, or Experience Outside the School. Consistent with local school system policy and procedure, actual time spent in work study, job entry training, or other experience may be counted for credit when identified as an integrated part of a planned study program. For work or experience outside the school which is approved and supervised by the local school system, not more than nine elective credits toward meeting graduation requirements may be granted to a student. College Courses. Consistent with the payment requirement of Education Article, §§18-14A-04 and 18-14A-05, Annotated Code of Maryland, credit toward high school graduation shall be given for courses offered by accredited colleges that: Meet the local school system policies and procedures; Have prior approval of the local superintendent of schools or the superintendent’s designee; Are aligned with the Maryland College and Career Ready Standards or an elective credit for graduation requirements; and Prepare students to earn an industry-recognized credential or college credits. Independent Study/Internship. Consistent with local school system policy and procedure, credit toward high school graduation may be earned for independent study or internships in which a student successfully demonstrates preestablished curricular objectives. Credit Through Examination. Credit toward high school graduation may be earned by passing an examination that assesses student demonstration of local school system curricular objectives, which are based on the Maryland State Standards. A student who would be eligible to graduate but for attaining credit in English 12 may obtain that credit by taking a State-approved examination and achieving a passing score as defined by the Maryland State Department of Education. Notwithstanding any other provision of law, a county board shall award credit to a middle school student for any course for which a high school student would be awarded credit if the middle school student meets the same requirements as the high school student. To graduate, students shall complete one of the following: 75 hours of student service that includes preparation, action, and reflection components and that, at the discretion of the local school system, may begin during the middle grades; or A locally designed program in student service that has been approved by the State Superintendent of Schools. A student shall take the requisite Maryland Comprehensive Assessment during its next regular administration if the student received credit for taking, by the methods identified in Regulations .03 and .04 of this chapter, any of the following courses aligned with the Maryland Comprehensive Assessment: Algebra; Science; English; or Government. To be awarded the Maryland High School Diploma, all students, including elementary and middle school students who take high school level courses, shall take the Maryland Comprehensive Assessment for algebra, science, English, and government after the student completes the required course or courses. Reporting Student Performance. A school system shall state on the student’s performance record card only that the student has or has not met all assessment requirements. For the purpose of this section, except for students identified in §D of this regulation, “met all assessment requirements” means taking all Maryland Comprehensive Assessments. For the 2020—2021, 2021—2022, and 2022—2023 school years, a student will have met the assessment requirement for Algebra I, English 10, science, and government if: The student has passed the Algebra I course, English 10 course, science course, and government course; and The student takes the Algebra I, English 10, science, and government Maryland Comprehensive Assessment aligned with the course. Beginning with the 2023—2024 school year: A student shall take the requisite Maryland Comprehensive Assessment during its regular administration if the student is taking, by the methods identified in Regulations .03 and .04 of this chapter, any of the following courses aligned with the Maryland Comprehensive Assessment: Algebra; English; Science; or Government; and Students entering the ninth grade, the Maryland Comprehensive Assessment for science and government shall account for 20 percent of the student’s final grade in the respective high school level science and government courses. Each principal shall inform all students and their parents or guardians annually at a minimum of the following: Maryland's graduation requirements; The student's progress on fulfilling the credit, Maryland Comprehensive Assessment, service, and applicable IEP requirements for graduation; The results of each Maryland Comprehensive Assessment taken; The Department's schedule for the Maryland Comprehensive Assessment administration; and Beginning with the 2023—2024 school year, the student’s progress on completing the course credit, which includes the end-of-course Maryland Comprehensive Assessment in science and government, service, and applicable IEP requirements for graduation. Each school system in Maryland shall recognize and accept any and all credits a student earned toward graduation in any other public school in Maryland. Each local school system shall develop a written policy on grading and reporting that complies with the student record requirements as set forth in COMAR 13A.08.02 and that includes: An explanation of the grading scale at the elementary and secondary levels; An explanation of the calculation of the final grade for a course; An explanation of weights of honors, Advanced Placement, International Baccalaureate, and dual enrollment courses; An explanation of how attendance factors into the student’s grade; An explanation of grade changing procedures, including: A timeline for final grade changes that cannot exceed 45 school days following the last day of the grading period. For a change of grade for the fourth marking period, the timeline would begin on the first day of school in the new school year. The names of personnel at the school and central office level authorized to make final grade changes; Documentation that authorized personnel are required to maintain to support the final grade changes, including, at a minimum the: Name of teacher requesting grade change; Reason for the grade change; Signature of person approving the grade change; Reason for the approval; Date of the approval; and Signature of the principal; How and when the school system will audit the validity of the grade changes each year; and Appeal procedures. On October 1 of each school year, each local school system shall: File its policy on grading and reporting with State Superintendent of Schools; and Submit a copy of the grade change validity audit in accordance with §B(5)(d) of this regulation to the State Superintendent of Schools. Upon submission of the items contained in §C of this regulation, the Maryland State Department of Education will: Verify that the local school system has met the requirements of this regulation; or Direct the local school system to develop a corrective action plan to bring it into compliance with this regulation and monitor the school system’s progress in completing its corrective action. The types of diplomas and certificates specified in §§B—D of this regulation shall be awarded to any student who meets the requirements for award. Maryland High School Diploma. Except as provided in Regulation .12 of this chapter, to be awarded a Maryland high school diploma, a student shall: Complete the enrollment, credit, and service requirements as specified in this chapter; Complete local school system requirements; and Meet the graduation assessment requirements in the following ways: Take the Maryland Comprehensive Assessments for Algebra I, science, government, and English 10; or Take an approved alternative assessment as established by the Department, such as Maryland Comprehensive Assessment for Algebra II, Advanced Placement examinations, SAT, ACT, or International Baccalaureate examinations. Exception to Passing Score Requirement. For the 2020—2021, 2021—2022, and 2022—2023 school years, students taking the Algebra I, English 10, science, and government Maryland Comprehensive Assessment will meet the graduation assessment requirement for Algebra I, English 10, science, and government. Maryland High School Diploma by Examination. General Educational Development Testing Program. A Maryland High School Diploma by Examination may be awarded for satisfactory performance on approved general educational development tests if the student meets those requirements as defined in Labor and Employment Article, §11-808, Annotated Code of Maryland, and COMAR 09.37.01.04. Maryland Adult External High School Diploma Program. A Maryland High School Diploma by Examination may be awarded for demonstrating competencies in general life skills and individual skills on applied performance tests if the student meets those requirements as defined in COMAR 09.37.01.20. Maryland High School Certificate of Program Completion. This certificate shall be awarded only to students with disabilities who cannot meet the requirements for a diploma but who meet the following standards: The student is enrolled in an education program for at least 4 years beyond grade 8 or its age equivalent, and is determined by an IEP team, with the agreement of the student and the parents of the student, to have developed appropriate skills for the individual to enter the world of work, act responsibly as a citizen, and enjoy a fulfilling life, with the world of work including but not limited to: Gainful employment; Post-secondary education and training; Supported employment; and Other services that are integrated in the community; or The student has been enrolled in an education program for 4 years beyond grade 8 or its age equivalent and will have reached age 21 by the end of the student's current school year. The Maryland Summary of Performance that describes the student's skills shall accompany the Maryland High School Certificate of Program Completion. The final decision to award a student with disabilities a Maryland High School Certificate of Program Completion will not be made until after the beginning of the student's last year in high school. A student with significant cognitive disability may not meet high school graduation requirements, in accordance with §B of this regulation, if a student: Participates in an Alternative Assessment based on Alternative Academic Achievement Standards (AA-AAAS); and Continues to receive instruction based on Alternative Academic Achievement Standards through high school. If a student participates in a graduation ceremony prior to the completion of the student's education program, at the ceremony the school system shall issue to the student a Certificate of Achievement or other similarly titled certificate in place of a diploma. Certificate Endorsement. Beginning with the 2024—2025 school year, students completing a Certificate may earn one or more endorsements. The endorsements include a Post-Secondary Education endorsement, a Work-Ready/Employment/Career endorsement, and a Community/Citizenship endorsement. Requirements for the endorsements will be identified by the Department. Local Endorsements. Consistent with procedures established by the Department, each local school system may add endorsements to the diploma as incentives for students to meet locally established requirements and outcomes in instruction beyond the minimums specified by the State. At least yearly, through the end of the implementation, the State Board will review and assess updated information on the graduation assessment requirements and scores. Maryland High School Diploma. Beginning with the 2022—2023 school year, except as provided in Regulation .12 of this chapter, to be awarded a Maryland high school diploma, a student shall: Complete the enrollment, credit, assessment and service requirements as specified in this chapter; and Complete local school system requirements. State Endorsements. Beginning with the 2024—2025 school year, students graduating may earn a College Ready State endorsement, a Career and Technical Education (CTE) State endorsement, or both. The Department will establish the requirements for the endorsements. A school system shall notify each senior and the senior's parents or guardians on or before the end of February of the senior year if a student may not graduate. The notice shall explain: The reasons the student may not graduate; The options available to meet all graduation requirements; That a waiver of the Maryland Comprehensive Assessment graduation requirement may be one of the options, if the student meets the criteria set forth in §§C and E of this regulation; The waiver process and timeline; and That parents or guardians may submit information in writing to the principal concerning eligibility of their child for the waiver. On or before the end of February, the principal shall report to the local superintendent the name and student identification number of each student identified in the February notice. On or before April 1, the school system shall identify each student who may fail to graduate because the student has taken none of the required Maryland Comprehensive Assessments. On or before April 1, the principal shall report to the local superintendent the name and student identification number of each student identified as meeting the criteria in §C of this regulation. By April 1, for each senior identified in §C of this regulation, the school principal shall consider whether to recommend to the local superintendent a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date if: The student has or is expected to meet all the other graduation requirements; and The student is prevented from meeting the Maryland Comprehensive Assessment graduation requirements because: Of a decision made by the local school system concerning the provision of appropriate assistance as required by Regulation .06C of this chapter; The student experienced a special, extraordinary, or extenuating circumstance or combination of circumstances preceding the administration of the most recent Maryland Comprehensive Assessment, such as a recent death in the immediate family, a serious or prolonged illness or pregnancy with medical complications, an accident causing serious injury, or a destructive house fire; The student moved to the United States in the junior or senior year and the student is literate in the student's native language but not literate in English; or The student moved to Maryland in the senior year. On or about April 1, the principal shall notify the student and the student's parents or guardians that the student is being considered for a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date. The notice shall explain the waiver decision-making process. On or before May 1, the principal of the high school shall make a Maryland Comprehensive Assessment waiver recommendation to the local superintendent for each student who meets the criteria set forth in §E of this regulation with the participation of: The student's IEP team, if the student is a student with disabilities; The English Language Learner staff, if the student is an English Language Learner; Other school personnel; or One or more of them. The principal shall explain the reason for each recommendation under §G of this regulation, whether the recommendation is to grant or deny the waiver. The local superintendent shall review each recommendation and shall: Grant or deny the waiver; Promptly notify the student and the student's parent or guardian of the decision; and If the waiver is granted, include in the notification the local procedures and requirements that must be met for a diploma to be awarded. The superintendent's decision in this matter is not appealable to the local board of education, but may be appealed to the State Superintendent of Schools. A student or the student's parents or guardians may appeal the waiver denial to the State Superintendent by sending a written appeal letter explaining why the waiver denial was an arbitrary or unreasonable decision. The State Superintendent may affirm or reverse the local superintendent's decision and shall inform the student, the student's parents or guardians, the local superintendent, and the State Board in writing of the decision. The decision of the State Superintendent may be appealed to the circuit court pursuant to Maryland Rules 7-201, et seq. On appeal: If the State Superintendent has reversed the local superintendent's decision to deny the Maryland Comprehensive Assessment waiver and the local school system appeals that decision, the State Superintendent shall defend the decision on appeal; or If the State Superintendent has affirmed the local superintendent's decision and the aggrieved student appeals, the local superintendent shall defend the State Superintendent's decision on appeal. By August 1, the local superintendent shall send a report to the State Superintendent or the State Superintendent's designee on waiver decisions rendered under this regulation. Nothing in this regulation is intended to establish any right to participate in the graduation ceremony while an appeal is pending. Participation in the graduation ceremony remains at the discretion of the local superintendent. In recognition of the fact that 4-year enrollment in a public high school may not serve the best interests of some students, the alternatives in §§B and C of this regulation shall be made available. Early College Admission Program. A student may receive a Maryland High School Diploma through acceptance in the early college admission program, if: The student is accepted for early admission to an accredited college before high school graduation; All Maryland Comprehensive Assessments and student service requirements have been met; A written request by the student and parent or guardian is made to and approved by the local superintendent of schools certifying the early admission acceptance; The student's program for the first year of college is approved by the local superintendent of schools if this program is included toward the issuance of a diploma; and At the conclusion of the program or after 1 year, a written request for a Maryland High School Diploma is submitted to the superintendent together with a transcript or letter from the college to the high school principal indicating that the student has successfully completed a year of college work. Early Admission to Approved Vocational, Technical, or Other Postsecondary School Program. A student may receive a Maryland High School Diploma through acceptance in an early admission program of an approved vocational, technical, or postsecondary school program if: The student is accepted for early admission by an approved vocational, technical, or postsecondary school program before high school graduation; All Maryland Comprehensive Assessments and student service requirements have been met; A written request by the student and parent or guardian is made to and approved by the local superintendent of schools certifying the early admission acceptance; The student's program for the first year of the postsecondary program is approved by the local superintendent of schools if this program is included toward the issuance of a diploma; and At the conclusion of a full year of study, a written request for a Maryland High School Diploma is submitted to the superintendent together with a transcript or letter from the postsecondary school to the high school principal indicating that the student has successfully completed a year of postsecondary school work. Each local school system shall be permitted to develop alternative ways for individual or groups of students to fulfill graduation requirements. An alternative plan may include a waiver of the fourth year enrollment requirement if all credit, assessments, and student service requirements are met and if the local superintendent of schools or designee determines that the waiver is in the best interest of the student. Procedures for implementing these alternative programs leading to high school diplomas are as follows: Development and approval of a curricular plan which assures that the content of the specified credits is included and the standards for graduation are met pursuant to the requirements of this chapter with the plan containing a program description, performance requirements, and evaluation procedures; and The local superintendent of schools is responsible for approving any plan and shall notify the State Superintendent of Schools once approval has been given. Length of School Year. Maryland public high schools shall be open for at least 180 school days and a minimum of 1,170 school hours during a 10-month period in each school year. Graduation Requirements for Transfer Students. Attendance Requirements. To receive a diploma, a student shall be in attendance at a Maryland public high school one full semester immediately preceding graduation in addition to meeting the other diploma requirements. In cases where this requirement creates an undue hardship for a student transferring to or from a Maryland nonpublic school or from an out-of-State school and wishing to receive a Maryland high school diploma, the local superintendent of schools may waive the one full semester attendance requirement. Exception shall be made for a student with disabilities in a State-approved nonpublic program. Students transferring from one Maryland public high school to another during the second semester of their senior year and meeting all requirements for graduation shall be given the option of graduating from either high school by agreement of the local superintendent of schools or the respective local superintendents when more than one local school system is involved. Maryland Comprehensive Assessment Exemption Requirements. A student who transfers from a nonpublic school or a school out of State is exempt from one or more of the Maryland Comprehensive Assessments if, consistent with local school system policy and procedure, the local superintendent determines that the course taken is aligned with the relevant Maryland Comprehensive Assessment and awards the student credit for taking any of the courses aligned with the Maryland Comprehensive Assessments, that is, algebra, science, English, or government, or all of these, in accordance with the principles set forth in §B(2)(c) of this regulation. A student who transfers from a nonpublic school or a school out of State and has not received credit for algebra but has demonstrated mastery of the Maryland College and Career Ready Standards for algebra either through an evaluation or successful completion of subsequent mathematics courses for which algebra is a prerequisite is exempt from the Maryland Comprehensive Assessment for algebra. To award credit for taking any of the courses aligned with the Maryland Comprehensive Assessments, that is, algebra, science, English, or government, a principal shall determine through the following considerations whether the transfer student demonstrates subject matter knowledge aligned with the content standards for the subject: Administration of standardized tests and examinations; Observation of the student in the classroom; Use of interviews that are focused around the student's demonstration of course content knowledge and performance levels; and Inspection of transcripts, report cards, and other documentation. A student who transfers from a nonpublic school or from a school out of State into a local school system after the first semester of their senior year is exempt from the Maryland Comprehensive Assessment Requirements. The exemption provided in §B(2)(d) of this regulation does not apply to a student with disabilities in a State-approved nonpublic program. Local Graduation Requirements. A student who enters a local school system in their senior year shall be granted a waiver from locally established graduation requirements unless the student chooses to fulfill the requirements. A student in foster care or a homeless student who enters a local school system in their junior year shall be granted a waiver from locally established graduation requirements unless the local school system makes a finding that the student is reasonably able to complete the locally established graduation requirements in time to graduate from high school. Unavailability of Official Transcript. If the transcript of record is not available, a local superintendent of schools or designee shall determine the appropriate placement of the student within the high school program by an evaluation of the student that shall include one or more of the following: Administration of standardized tests and examination; Observation of the student in a classroom setting; Use of interviews that are focused around the student's demonstration of course content knowledge and performance levels; Inspection of report cards and other documentation. Education Article, §§2-205, 7-203, 7-205, 7-205.1, and 8-404, Annotated Code of Maryland Effective date: April 14, 1976 (3:8 Md. R. 427) Regulation .02B amended effective August 11, 1978 (5:16 Md. R. 1259); September 22, 1978 (5:19 Md. R. 1446); May 21, 1984 (11:10 Md. R. 864) Regulation .02C amended effective March 21, 1980 (7:6 Md. R. 609) Regulation .02D amended as an emergency provision effective February 10, 1982 (9:5 Md. R. 520); emergency status expired March 12, 1982 Regulation .02D amended effective August 2, 1982 (9:15 Md. R. 1516) Regulations .01—.03 repealed and new Regulations .01—.07 adopted effective July 29, 1985 (12:15 Md. R. 1524) Regulation .03B amended as an emergency provision effective April 14, 1986 (13:9 Md. R. 1021) Regulation .03F amended effective January 15, 1989 (15:27 Md. R. 3131) Regulation .03G amended effective April 4, 1988 (15:7 Md. R. 851) Regulation .03I amended effective October 3, 1988 (15:20 Md. R. 2334) Regulation .06 repealed effective January 15, 1989 (15:27 Md. R. 3131) Regulations .07 amended and .08 adopted as an emergency provision effective August 14, 1985 (12:18 Md. R. 1760) Regulations .07 amended and .08 adopted effective December 2, 1985 (12:24 Md. R. 2350) Regulation .07 recodified to Regulation .06 effective January 15, 1989 (15:27 Md. R. 3131) Regulation .08 amended and recodified to Regulation .07 effective January 15, 1989 (15:27 Md. R. 3131) Regulations .01—.07 repealed and new Regulations .01—.08 adopted effective September 28, 1992 (19:19 Md. R. 1710) Regulation .03 amended effective August 15, 1994 (21:16 Md. R. 1386); July 29, 1996 (23:15 Md. R. 1089); March 18, 2002 (29:5 Md. R. 504) Regulations .05—.06 repealed effective March 18, 2002 (29:5 Md. R. 504) Regulations .01—.08 repealed and new Regulations .01—.12 adopted effective July 19, 2004 (31:14 Md. R. 1079) Regulation .02B amended effective April 11, 2005 (32:7 Md. R. 682); July 28, 2008 (35:15 Md. R. 1349) Regulation .02B amended as an emergency provision effective July 7, 2012 (39:17 Md. R. 1145); emergency provision expired December 31, 2012 Regulation .04A amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882); July 3, 2006 (33:13 Md. R. 1064); March 12, 2007 (34:5 Md. R. 561); March 22, 2010 (37:6 Md. R. 479) Regulation .04C adopted effective July 11, 2011 (38:14 Md. R. 790) Regulation .05D amended as an emergency provision effective July 7, 2012 (39:17 Md. R. 1145); emergency provision expired December 31, 2012 Regulation .05I amended effective July 26, 2010 (37:15 Md. R. 999) Regulation .05J amended effective July 28, 2008 (35:15 Md. R. 1349) Regulation .07A amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882) Regulation .07C amended effective May 22, 2006 (33:10 Md. R. 882) Regulation .08B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882); August 28, 2006 (33:17 Md. R. 1437) Regulation .09 amended effective April 21, 2008 (35:8 Md. R. 807); February 18, 2013 (40:3 Md. R. 218) Regulation .09B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882) Regulation .09-1 adopted as an emergency provision effective January 23, 2009 (36:4 Md. R. 346); emergency status expired effective July 22, 2009 Regulation .09-1 adopted effective April 19, 2010 (37:8 Md. R. 618) Regulation .12B amended effective July 3, 2006 (33:13 Md. R. 1064); July 28, 2008 (35:15 Md. R. 1349) Chapter revised effective September 29, 2014 (41:19 Md. R. 1081) Regulation .01B amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .02B amended effective June 22, 2015 (42:12 Md. R. 763); November 24, 2016 (43:23 Md. R. 1280); February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727) Regulation .03 amended effective June 14, 2021 (48:12 Md. R. 474) Regulation .03B amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .04 amended effective June 14, 2021 (48:12 Md. R. 474) Regulation .04F amended effective August 21, 2023 (50:16 Md. R. 727) Regulation .04I amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .06 amended effective February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727) Regulation .06D, F, G amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .06E, F amended effective June 22, 2015 (42:12 Md. R. 763) Regulation .06G adopted effective June 22, 2015 (42:12 Md. R. 763) Regulation .07 amended effective June 14, 2021 (48:12 Md. R. 474); August 21, 2023 (50:16 Md. R. 727) Regulation .07C, E amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .08 amended effective December 31, 2018 (45:26 Md. R. 1248) Regulation .08B amended effective June 14, 2021 (48:12 Md. R. 474) Regulation .09 amended effective June 22, 2015 (42:12 Md. R. 763); June 14, 2021 (48:12 Md. R. 474) Regulation .09B, C amended effective November 24, 2016 (43:23 Md. R. 1280); February 26, 2018 (45:4 Md. R. 206); August 21, 2023 (50:16 Md. R. 727) Regulation .09C amended effective August 12, 2019 (46:16 Md. R. 689) Regulation .09E amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .09G adopted effective November 24, 2016 (43:23 Md. R. 1280) Regulation .09H amended effective August 21, 2023 (50:16 Md. R. 727) Regulation .09-1 amended effective June 14, 2021 (48:12 Md. R. 474) Regulation .09-1C, E amended effective August 21, 2023 (50:16 Md. R. 727) Regulation .09-1O repealed effective February 26, 2018 (45:4 Md. R. 206) Regulation .10B amended effective February 26, 2018 (45:4 Md. R. 206) Regulation .10B, C amended effective June 14, 2021 (48:12 Md. R. 474) Regulation .12B amended effective February 26, 2018 (45:4 Md. R. 206); June 14, 2021 (48:12 Md. R. 474); October 28, 2024 (51:21 Md. R. 927) Effective date: April 3, 1964 Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .01B amended effective May 29, 1981 (8:11 Md. R. 975); July 1, 1987 (14:7 Md. R. 833) Regulation .02 adopted effective September 12, 1983 (10:18 Md. R. 1609) Chapter revised effective January 15, 1989 (15:27 Md. R. 3131) Regulation .01 repealed and new Regulation .01 adopted effective March 15, 1992 (19:4 Md. R. 474) Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29) Regulation .01 amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701) Regulation .01 amended effective March 26, 2007 (34:6 Md. R. 627) Regulation .01C amended effective January 26, 1998 (25:2 Md. R. 77) Regulation .01D amended effective March 3, 2003 (30:4 Md. R. 317) Regulation .01F amended effective July 1, 1996 (23:13 Md. R. 945); March 20, 2000 (27:5 Md. R. 585) Regulation .01Q amended effective January 26, 1998 (25:2 Md. R. 77); March 20, 2000 (27:5 Md. R. 585) Chapter repealed effective January 14, 2010 (37:1 Md. R. 14) This chapter applies to: Tests administered by or through the State Board of Education including but not limited to: The Maryland Comprehensive Assessment Program (MCAP) (English and Language Arts and Mathematics); The Maryland Integrated Science Assessment (MISA) for grades 5 and 8; The Alternate Maryland Integrated Science Assessment (Alt-MISA); The Alternative Maryland Comprehensive Assessment for Government (Alt-Gov); The Maryland Comprehensive Assessment for Government; The Life Science Maryland Integrated Science Assessment (LS MISA); The Kindergarten Readiness Assessment (KRA); The English Language Proficiency Assessment (ELPA) ACCESS for ELLs; The norm-referenced test or tests in use by the State; The Educator Credentialing Tests; and Other instruments required by the State Board of Education; Data reporting required by the State Board of Education including the data-based areas described in COMAR 13A.01.04 and other measures used to determine availability of services and funding; Local school system-owned materials that are the same as those used in any State-operated assessment program; and The security and monitoring of any instrument administered by or through the State Board of Education, to include assessments and surveys. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the State Department of Education. “Individual” means a student, teacher, administrator, or other school system or Department employee. Local Education Agency. “Local education agency” means a public school system. “Local education agency” includes special schools and institutions and nonpublic schools approved under COMAR 13A.09.10 that use tests administered on behalf of the State Board of Education. “Maryland School Performance Program (MSPP)” means a performance-based education accountability program that focuses on accountability through school improvement in the public schools. “Test administration” means the range of activities from procurement of secure assessment materials through the return of secure assessment materials to the Department or its agents. A local school system shall develop and adopt test administration and data-reporting policies. The test administration policy shall provide for: The security of the materials during testing and the storage under lock and key of all secure tests and test materials in all versions, including, but not limited to, answer keys, audio tapes, videotapes, compact disks (CDs), and examinee answer documents, before, during, and after testing; The proper administration of tests and the monitoring of test administrations; Training, at least annually, of appropriate personnel on test administration policy and procedures; The prohibition of electronic devices, including personal devices, (unless required for testing or administrative purposes) in testing rooms during testing; and The retention of an archival document for a minimum of 6 years after the date of test administration, containing the following information for each testing group each testing day: Name and student identification number for each student; School and system names and identifiers; Names of the test administrators, examiners, accommodators, and proctors; and Unique test document identification number for each student for paper testing only. The data reporting policy shall contain: Procedures for the accurate and timely collection, storage, and retrieval of data required by the State Board as described in Regulation .01 of this chapter; Procedures for reporting assessment results to parents/guardians of students within 30 days of receipt by the local school system, but no later than the 15th of September for spring assessment results. Procedures for the delivery of assessment results to parents/guardians by one or more of these methods: First-class mail; Backpack or student folder only if parents/guardians are notified by phone or electronically to expect the assessment results to be delivered on a date certain by that method; Personally at Parent/Teacher conferences; or Electronically through the communication system used by the local school system to keep parents/guardians informed; and Training of appropriate personnel on data reporting procedures. Test Administration and Certification of Training Forms. The Department and each local school system shall use a Department provided or approved test administration and certification of training form and a Department provided or approved nondisclosure agreement, as appropriate, for its employees. Before initially handling any test materials, and annually after that, each individual directly or indirectly involved shall sign a test administration and certification of training form or a nondisclosure agreement, whichever is applicable. All signed forms and agreements shall be retained by the Department or local school system for the duration of the individual's employment or relationship with the Department or local school system. Forms and agreements may be signed electronically using any means approved by the Department. Electronic Archival of Documents. Each local school system may develop and adopt policies and procedures for the secure electronic archival of paper documents. All personnel involved in testing shall be employees of the local school system, be trained for their role, meet the requirements of their role as described herein, and sign a Department approved Test Administration and Certification of Training Form. Personnel may not serve as a Test Administrator, Proctor, or Accommodator in the same testing room as a student who is a family member or who resides within the same dwelling. Testing Personnel. Local Accountability Coordinators (LACs). A local superintendent of schools shall designate annually one individual per school system to serve as the Local Accountability Coordinator (LAC). The LAC shall have oversight of the: Procurement of test instruments that are used in testing programs administered by or through the State Board of Education; Organization, implementation, orientation, and verification of the Maryland educational assessment programs in the school system; and Administration and security of state-mandated assessments. The name of the LAC shall be provided in writing to the Department within 10 days of the designation. School Test Coordinators (STCs). Each school system shall designate one individual per school to serve as the Primary School Test Coordinator (STC). A Principal may not serve as the STC unless permission has been granted by the Department. STCs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff. Eligible STCs include the following: State-certified teachers; and State-certified guidance counselors, library media specialists, school psychologists, pupil personnel workers, and school administrators (other than the Principal). The Primary STC shall: Have responsibility for training and supervising school personnel in test administration policy and procedures; and Be the primary point of contact with the LAC and the Department during the administration of all state assessments. The school system may further designate, one or both, an: Alternate STC per school. Assistant STC per state-mandated assessment. Test Administrators (TAs). TAs are selected by each public school’s principal subject to review and approval by the local Superintendent. For any multi-state assessment consortium testing, TAs shall possess a valid Maryland State Department of Education (MSDE) certificate for professional school staff. Proctors. A local school system may use Proctors. A Proctor shall be under the direct supervision of an eligible TA. TAs may serve as Proctors. Proctors may include: Instructional assistants and aides; or Substitutes or other staff members who are employees of the school system. Accommodators. Accommodators may provide accommodations to students during testing. Accommodators shall be under the direct supervision of an eligible TA. Accommodators may include: Test Administrators; Instructional assistants and aides; or Substitutes or other staff members who are employees of the school system. It is a violation of test security for an individual to fail to follow test administration procedures promulgated by the local board of education or the State Board of Education and published in test administration manuals and related materials for mandatory tests administered by or through the State Board of Education to students or educators. It is a violation of test security for an individual to: Give examinees access to secure test items or materials before testing; Give unauthorized individuals access to secure test items or materials; Copy, reproduce, use, or otherwise disclose in any manner inconsistent with test security regulations and procedures any portion of secure test materials; Provide answer keys or answers orally, in writing, or by any other means, to examinees; Coach examinees during testing by giving them answers to test questions or otherwise directing or guiding their responses or altering or interfering with examinees' responses in any way; Fail to follow security regulations and procedures for distribution and return of secure test materials, or fail to account for all secure test materials before, during, and after testing; Fail to properly monitor test administration, including permitting inappropriate collaboration between or among individuals; Administer State-mandated tests on dates other than those specified by the Department; Participate in, direct, aid, counsel, assist, encourage, or fail to report any of the acts prohibited in this chapter; or Refuse to disclose information regarding test security violations. The local school system shall investigate any allegations of violations of test security and report the results to the Department in a timely fashion. It is a violation of data collection and reporting for an individual, school, or school system to: Fail to report test scores, numbers of students tested, and other indicators of test performance on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department; Report incorrect or otherwise inaccurate test scores, numbers of students tested, other indicators of test performance, and participation on mandatory tests administered by or through the State Board of Education, as well as all other data elements reported to the Department; or Exclude a student or students from participation in mandatory tests administered by or through the State Board of Education except in accordance with Department-approved procedures. The local school system shall investigate any allegations involving data collection or reporting violations and report the results to the Department in a timely fashion. Invalidation of Test Scores or Other Data. An individual shall adhere to all procedures specified in all operating manuals and related materials governing the Maryland School Performance Program including the mandated testing programs. The Department: Shall establish procedures to identify: Improbable test score gains or improbable changes in data in consecutive years, Situations in which inappropriate collaboration between or among individuals occurs during the test administration or data collection and reporting, and Any other situation which may result in the invalidation of test results or other data; and May invalidate test scores or other data that reflect improbable gains which cannot be satisfactorily explained through changes in the student population or instruction. The invalidation of test results or other data because of a breach of security, or action of the State Board of Education, also invalidates any graduation, programmatic, or evaluative criteria dependent upon these data or test results. The Department may invalidate test results of a student who causes, allows, or is otherwise involved in the presentation of forged, counterfeit, or altered identification for the purpose of obtaining admission to a test administration site for any of the tests listed in Regulation .01 of this chapter, and the student may be ineligible to retake the test until the next official testing opportunity. A student who engages in any activities during testing which result in invalidation of scores may be ineligible to retake the test until the next official testing opportunity. All central office and school-based personnel whose duties involve either test administration or data collection and reporting shall be held accountable for compliance with all of the requirements described in this chapter. Other Sanctions. A testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or a violation of any other regulation in this chapter constitutes misconduct, insubordination, or neglect of duty for which: Personnel sanctions may be imposed by the Department or local school system, whichever is the employer; The administrative credentials, teaching credentials, or both, of the violator may be suspended or revoked under COMAR 13A.12.05; The school or school system may be censured; and The Department may recover costs incurred as the result of the violation. Mitigating Circumstances. Any mitigating circumstances shall be considered before a sanction is imposed for a testing behavior violation as described in Regulation .05 of this chapter, a data collection and reporting violation as described in Regulation .06 of this chapter, or violation of any other regulation in this chapter. An individual may be sanctioned if the individual failed to take appropriate action after learning about the violation. Reasonable Person Standard. All conduct with respect to test administration and data reporting will be reviewed under a reasonable person standard, that is, what a reasonable person would do under similar circumstances. Whistleblower Protection. The local school system shall not take any personnel action as retaliation against an employee who reports information that the employee reasonably believes involves a test security violation under this chapter. The local school system may take personnel action against an employee if the local school system investigates and concludes that the employee was involved in the reported test security violation. Education Article, §§2-205 and 7-203, Annotated Code of Maryland Effective date: Regulation .01 effective July 31, 1968 Regulation .02 effective June 9, 1964; amended effective May 26, 1976 (3:11 Md. R. 593); July 20, 1977 (4:15 Md. R. 1153); July 1, 1978 (5:12 Md. R. 969); June 15, 1979 (6:12 Md. R. 1052); May 30, 1988 (15:11 Md. R. 1331) Regulation .02A amended effective May 16, 1980 (7:10 Md. R. 952); June 12, 1981 (8:12 Md. R. 1064); August 2, 1981 (9:15 Md. R. 1516); July 4, 1983 (10:13 Md. R. 1181); July 1, 1984 (11:12 Md. R. 1064); August 11, 1986 (13:16 Md. R. 1828); August 24, 1987 (14:17 Md. R. 1872) Regulation .02A and B amended effective May 20, 1985 (12:10 Md. R. 962) Regulation .02C and D adopted effective July 25, 1980 (7:15 Md. R. 1426) Regulation .03 amended effective October 15, 1975 (2:29 Md. R. 1734); March 31, 1976 (3:7 Md. R. 402); July 20, 1977 (4:15 Md. R. 1153); July 28, 1978 (5:15 Md. R. 1190); July 13, 1979 (6:14 Md. R. 1208) Regulation .03A amended effective August 2, 1982 (9:15 Md. R. 1516); July 29, 1985 (12:15 Md. R. 1525) Regulation .04 effective August 21, 1968 Regulation .05 adopted effective November 14, 1975 (2:29 Md. R. 1734) Regulation .05 amended effective July 21, 1976 (3:15 Md. R. 806); October 7, 1977 (4:21 Md. R. 1604); September 22, 1978 (5:19 Md. R. 1447); September 21, 1979 (6:19 Md. R. 1520) Regulation 06 adopted effective October 13, 1976 (3:21 Md. R. 1208) Regulation 06 amended May 11, 1977 (4:10 Md. R. 768); December 30, 1977 (4:27 Md. R. 2108); November 17, 1978 (5:23 Md. R. 1741) Regulation .07 adopted effective January 11, 1980 (7:1 Md. R. 44) Regulation .07A amended effective May 2, 1980 (7:9 Md. R. 848); April 17, 1981 (8:8 Md. R. 723); July 19, 1982 (9:14 Md. R. 1431); May 9, 1983 (10:9 Md. R. 702); April 9, 1984 (11:7 Md. R. 628); May 6, 1985 (12:9 Md. R. 813); August 25, 1986 (13:17 Md. R. 1923); March 7, 1988 (15:5 Md. R. 622) Regulation .07B amended effective July 19, 1982 (9:14 Md. R. 1431); May 6, 1985 (12:9 Md. R. 813) Annotation: Appendix F to the “Methods of Administration for the Office of Civil Rights Guidelines for the Division of Vocational-Technical Education” (see Regulation .02C) was incorporated by reference effective February 20, 1981 (8:4 Md. R. 344) Regulations .01, .03—.07 repealed effective January 15, 1989 (15:27 Md. R. 3132) Regulation .02 and Chapter, Instructional Programs Involving Federal Funds, repealed effective August 7, 1989 (16:15 Md. R. 1651) Regulations .01—.06, Test Security and Data Reporting Policy and Procedures, adopted effective January 6, 1992 (18:26 Md. R. 2831) Regulation .05B amended effective August 15, 1994 (21:16 Md. R. 1386) Chapter repealed effective April 20, 1998 (25:8 Md. R. 598) Regulations .01—.07, Test Administration and Data-Reporting Policies and Procedures, adopted effective April 20, 1998 (25:8 Md. R. 598) Regulation .01 amended effective August 12, 2019 (46:16 Md. R. 689) Regulation .01A amended effective April 23, 2007 (34:8 Md. R. 768); March 16, 2015 (42:5 Md. R. 486); August 21, 2023 (50:16 Md. R. 727) Regulation .02B amended effective April 23, 2007 (34:8 Md. R. 768); July 16, 2018 (45:14 Md. R. 697); August 21, 2023 (50:16 Md. R. 727) Regulation .03 amended effective March 20, 2000 (27:5 Md. R. 585); July 16, 2018 (45:14 Md. R. 697) Regulation .03B amended effective August 12, 2019 (46:16 Md. R. 689) Regulation .03B, D amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .03E adopted effective March 16, 2015 (42:5 Md. R. 486) Regulation .04 amended effective July 16, 2018 (45:14 Md. R. 697); August 12, 2019 (46:16 Md. R. 689) Regulation .07 amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .07E adopted effective January 9, 2012 (38:27 Md. R. 1765) These regulations, which establish a minimum requirement, apply to the provision of instructional services to public school students who are unable to participate in their school of enrollment due to a physical or emotional condition. In implementing these regulations, all school systems shall comply with the Individuals with Disabilities Education Act, Americans with Disabilities Act, and §504 of the Rehabilitation Act of 1973, as appropriate. Concurrent delivery of instructional services and enrollment in a public school shall be provided for a student whose physical or emotional condition requires the student to be absent from school on an intermittent basis. These conditions include, but are not limited to, kidney failure, cancer, asthma, cystic fibrosis, sickle cell anemia, depression, and bipolar disorder. Instructional services shall be provided to an identified student with disabilities in accordance with federal and State special education law and regulations, including COMAR 13A.05.01. The student and parents shall be involved in the process and are entitled to all rights and due process procedures included within these laws and regulations. Excluded from these regulations are the home-based programs operated through the Office for Children and the Maryland Infants and Toddlers Program for the birth through 2-year-old disabled population and Home Instruction under COMAR 13A.10.01. In this chapter, the following terms have the meanings indicated. Terms Defined. “Local school system” means the public school system in which the student is enrolled, or for an identified student with disabilities, the public school system that has responsibility for the education of the student. “Nurse practitioner” means a nationally board certified, advance practice nurse with a master’s or doctorate degree who, by reason of certification under COMAR 10.27.07, may practice in Maryland as a nurse practitioner under the terms of that chapter or, if out-of-State, as a nurse practitioner in the state in which services are provided. “Psychiatric mental health nurse practitioner” means an advanced practice registered nurse, possessing a master’s or doctorate degree, who, by reason of national certification under COMAR 10.27.12, is recognized as being trained and certified to diagnose and treat individuals who have mental health needs and substance abuse issues. “Therapeutic treatment center” means any day or residential facility, licensed by a unit of State government, providing treatment for medical, physical, or emotional conditions including drug or alcohol dependency, or both. Nature. Each local school system shall make instructional services available to students who are unable to participate in their school of enrollment for those reasons set forth in this chapter. In making instructional services available, local school systems shall consult with any of the following as deemed necessary: Parent; Guardian; Student; Psychologist; Physician; Psychiatrist; and Nurse practitioner. Instructional services, as outlined in this chapter, shall be available to all students during convalescence or treatment time in a medical institution, or therapeutic treatment center, and at the student's place of residence, or all of these. Service Delivery. Each local school system shall: Determine the manner in which instructional services shall be delivered to a student; Develop safety procedures, including training, to ensure an appropriately supervised safe environment for teachers and students; and Develop a review process to resolve any disagreement that arises in the implementation of this chapter. Instructional services as outlined in this chapter shall be delivered by an individual possessing a minimum of a bachelor’s degree from an institution of higher education as defined in COMAR 13A.12.01.02B. This requirement does not apply to an individual who has demonstrated satisfactory performance as a home and hospital teacher in a local school system before July 1, 2001. Delivery Options. The local school system may: Provide directly instructional services to a student; Contract with private providers to deliver instructional services; Contract with other local school systems to provide instructional services; or Combine any of the delivery options described in §C(1)—(3) of this regulation. Attendance and Time of Instruction. A local school system shall either maintain a student on the regular school roll and count the student as present, except when a student is not available for the scheduled instructional service, in which event the student is counted absent, or establish a school for record-keeping purposes called a home and hospital school with a local school number. In the latter event, a student identified for home and hospital teaching shall be withdrawn from the roll of the school the student attends and transferred to the roll of the home and hospital school. The student shall be counted as present, except when the student is not available for the scheduled instructional service. In this instance, the student is counted absent. The length of instruction for students in a full-day program is a minimum of 6 hours a week. The length of instruction for students in half-day programs is a minimum of 3 hours a week. A local school system shall determine the need for service and begin instruction as soon as possible, but not later than 10 school calendar days following the: Notification to the local school system of the inability of the student to attend the school of enrollment; and Receipt of the verification of the need for services as provided in Regulation .04 of this chapter. The local school system shall determine initial service need through verification of the physical condition, including drug and alcohol dependency, by a licensed physician or certified nurse practitioner, or verification of emotional condition by a certified school psychologist, licensed psychologist, licensed psychiatrist, or licensed psychiatric mental health nurse practitioner. The student’s parent or guardian shall submit a statement from a practitioner designated in §A of this regulation verifying that the current physical or emotional condition prevents the student from participating in the students school of enrollment. Continuation of Service Need. Continuation of service need is subject to review and determination by the local school system and requires reverification of the physical or emotional condition in the manner set forth in §§A and B of this regulation. Except as provided in §C(3) of this regulation, service need shall be reverified as follows: 60 calendar days after the initial determination of eligibility and every 60 days thereafter; or Sooner at the request of the parent, guardian, or local school system. Service need shall be reverified annually for students who receive concurrent delivery of instructional services pursuant to Regulation .01C of this chapter. Education Article, §§2-205, 6-704, 7-101, 7-301, and 8-403, Annotated Code of Maryland Effective date: July 4, 1994 (21:13 Md. R. 1158) Regulation .01C, E amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .02B amended effective May 1, 2023 (50:8 Md. R. 339) Regulation .03 amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .03A amended effective May 1, 2023 (50:8 Md. R. 339) Regulation .03B amended effective June 3, 1996 (23:11 Md. R. 810) Regulation .04 amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .04A amended effective May 1, 2023 (50:8 Md. R. 339) Regulation .05 repealed effective February 16, 2015 (42:3 Md. R. 317) The purpose of this chapter is to promote the application of Universal Design for Learning (UDL) principles to maximize learning opportunities for students, including students with disabilities, students who are gifted and talented, and students who are English language learners, and guide local school systems in the development of curriculum, instructional planning, instructional delivery, material selection, and assessment. This chapter applies to local school systems that provide educational services to children, prekindergarten through grade 12. A framework of UDL principles and guidelines as set forth in “A Route for Every Learner, 2011” is incorporated by reference. In this chapter, the following terms have the meanings indicated. Terms Defined. “Materials” means the various media used by: Educators to present and assess learning content; and Students to demonstrate knowledge and skill. “Universal Design for Learning (UDL)” means a research-based framework for curriculum design, that includes goals, methods, materials, and assessments to reduce barriers to learning by providing students multiple accessible support options for: Acquiring information and knowledge; Demonstrating knowledge and skills in alternative forms of action and expression; and Engaging in learning. Beginning in the 2013—2014 school year, using the Maryland Common Core State Curriculum in English and mathematics as a model, local school systems shall use UDL guidelines and principles, consistent with Regulation .03 of this chapter, in the development or revision of curriculum. Beginning in the 2014—2015 school year, local school systems shall use UDL guidelines and principles, consistent with Regulation .03 of this chapter, in the development and provision of: Curriculum; Instructional materials; Instruction; Professional development; and Student assessments. Local school systems shall select instructional materials that meet: The accessibility requirements as described in COMAR 13A.05.02.13H as they pertain to technology-based instructional products; and The UDL guidelines, consistent with Regulation .03 of this chapter, in order to provide multiple options for: Representation, including: Perception; Language, mathematical expressions and symbols; and Comprehension; Action and Expression, including: Physical action; Expression and communication; and Executive functions; and Engagement, including: Recruiting interest; Sustaining effort and persistence; and Self-regulation. Beginning with the 2014—2015 school year, local school system superintendents shall certify in writing to the State Superintendent of Schools that UDL principles and guidelines, consistent with Regulation .03 of this chapter, are used for ongoing curriculum development. Certification will be required every 3 years, thereafter. Education Article, §2-205(c) and (h), Annotated Code of Maryland Effective date: August 20, 2012 (39:16 Md. R. 1081) Recognizing that high school graduates who can function in two or more languages are equipped with the knowledge and skills to participate successfully in college, careers, and a diverse 21st century society, the Maryland Seal of Biliteracy Program is established to recognize and reward excellence in language learning as measured by rigorous proficiency assessments across a range of language skills. In this chapter, the following terms have the meanings indicated. Terms Defined. “Multilingual learner” has the meaning stated in COMAR 13A.05.07.02. “World language” means any natural language, including American Sign Language, native American languages, and languages no longer spoken (e.g., Latin and ancient Greek). Local School System Participation. Participation in the program by a local public school system is voluntary. An individual school may not opt out of participation in a local school system program. Student Eligibility. The pool of students eligible to apply includes any public school student in a participating local school system who demonstrates proficiency in one or more languages in addition to English. The pool of students shall include multilingual learners and any student who has acquired or is acquiring a world language at school, home, or in the community. To receive a Maryland Seal of Biliteracy, the student shall: Meet one of the assessment requirements from the Department’s approved list of English language arts/literacy assessments for the Maryland Seal of Biliteracy; and Meet one of the assessment requirements from the Department’s approved list of world language assessments for the Maryland Seal of Biliteracy. The student shall provide official test results to the local school system. The local school system shall validate the assessment results and affix the Seal of Biliteracy to the student’s diploma or transcript at graduation, at no cost to the student. The local school system shall collect and provide data to the Department on implementation of the program, including: The number of Seals awarded; The languages of the Seals awarded; The race, ethnicity, gender, and multilingual learner status of each Seal recipient; and Any other demographic factors for each Seal recipient as identified by the Department. Education Article, §7-208, Annotated Code of Maryland Effective date: February 13, 2017 (44:3 Md. R. 189) Regulation .02B amended effective September 15, 2025 (52:18 Md. R. 924) Regulation .03 amended effective September 15, 2025 (52:18 Md. R. 924) Regulation .04 amended effective September 15, 2025 (52:18 Md. R. 924) Regulation .06 adopted effective September 15, 2025 (52:18 Md. R. 924) These regulations establish the screening of students enrolled in kindergarten through third grade who may be at risk for reading difficulties, the provision of supplemental reading instruction for identified students, and annual reporting requirements. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Maryland State Department of Education. “Diagnostic survey” means an assessment tool that identifies areas of need within a student’s mastery of reading skills, foundational skills, or both to guide intervention. “Evidence-based” means a program or practice that has demonstrated a statistically significant effect on improving student outcomes or other relevant outcomes based on well-designed and well-implemented studies, quasi-experimental studies, or correlational studies with statistical control for selection bias. “Fluency” means reading accuracy and rate, including oral accuracy, prosody, intonation, and automaticity. “IEP” means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03. “IEP team” has the meaning stated in COMAR 13A.05.01.03. Multi-Tiered System of Supports. “Multi-tiered system of supports” means a proactive framework that aims to foster growth by ensuring that all students receive academic, behavioral, and social-emotional supports that they need to be successful. “Multi-tiered system of supports” utilizes multiple data points to identify students requiring intervention through three tiers of support. “Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words. “Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent. “Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset-rime, and phonemes. “Progress monitoring” means a measurement procedure used at specified time intervals to measure a student’s response to instruction or intervention. “Rapid automatic naming” means how quickly individual students can name letters, digits, or symbols. “Reading difficulties” means a student’s challenges with decoding, language comprehension, or both, which affect their ability to achieve grade-level reading proficiency. “Screening instrument” means a brief, valid, and reliable measurement used to identify or predict whether a student may be at risk for poor learning outcomes. “Student reading improvement plan” means a personalized plan to help students improve their reading skills that includes assessments, goals, instruction, and monitoring. “Supplemental reading instruction” means evidence-based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills, including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum. “Tier I” means core instruction aligned with grade level standards. “Tier II” means supplemental instruction intended for students who have not made sufficient progress through Tier I instruction. “Tier III” means intensive supplemental instruction that is individualized based on severe and persistent learning or social-emotional needs. Each local school system shall ensure that all students enrolled in kindergarten, first grade, second grade, and third grade are screened to identify if the student is at risk for reading difficulties and provided supplemental reading instruction aligned to the results of the screening instrument. The local school system shall screen the students identified in §A of this regulation three times each school year including once in the fall, winter, and spring. The local school system shall establish the screening schedule and require the first screening identified in §B of this regulation to occur within the first 60 calendar days of the beginning of the school year. Upon registration of a student or identification of a student at risk for reading difficulties, the local school system shall provide to the parent or guardian of the student the following: A written description of the screening and supplemental instruction process in the local school system; and Any checklists or screening instrument-specific forms required to support the screening protocol and supplemental instruction process. The Department will provide a list of approved screening instruments for the local school systems. The approved screening instruments shall: Accurately and reliably identify students at risk for poor learning outcomes; Be developmentally appropriate; Be economical to administer based on time and cost; and Use norm-referenced or criterion-based scores. The screening required under this regulation shall be conducted by any of the following trained school personnel: Classroom teacher; School psychologist; Reading specialist; Special education teacher; Speech-language pathologist; Reading interventionist; or Any other educator trained to use appropriate screening instruments. The appropriate grade-level screening instrument shall measure, at minimum: Phonological and phonemic awareness; Sound-symbol recognition; Decoding; Fluency; and Rapid automatic naming. For only the 2025—2026 school year, §§B—E of this regulation shall apply to the local school systems. If the results of screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties: Within 30 calendar days of the screening, the local school system shall notify the parent or guardian of the student in writing of the screening results and a description of the supplemental reading instruction that will be provided to the student; and The local school system shall develop a supplemental reading instructional plan to address the student’s identified areas of need. The supplemental instruction shall take place within the school day. Evidence-based supplemental instruction shall be based on data and aligned with the specific areas of deficit for students identified at risk. The local school system may revise supplemental instruction based upon progress monitoring and the student’s placement in an appropriate multi-tiered system of supports. Beginning in the 2026—2027 school year, §§G—K of this regulation shall apply to the local school systems. If the results of a screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties, the local school system shall: Administer a diagnostic survey to determine the best targeted instruction; Notify the parent or guardian of the student, consistent with §H of this regulation; and Subject to §K of this regulation, develop a Student Reading Improvement Plan to document the student’s identified areas of need and appropriate supplemental reading instruction, consistent with §§I and J of this regulation. Parent or Guardian Notification. Within 30 days of the screening, the local school system shall provide written notification to the parent or guardian that includes: An explanation that their child has been identified as having difficulties in reading; and An invitation to collaborate on the development of a Student Reading Improvement Plan with the teacher, principal or designee, and/or other pertinent school personnel. The notification must be provided in family-friendly language. Student Reading Improvement Plan. The local school system shall develop a student reading improvement plan no later than 30 days after identifying a student at risk of reading difficulties. The student reading improvement plan shall be created in partnership with the parent or guardian by the teacher, principal or designee, or other pertinent school personnel. The student reading improvement plan shall be documented on a template that meets the requirements set by the Department to include: The evidence-based reading intervention program the student will receive to remedy the reading deficit; The necessary frequency and intensity of interventions to remediate the identified areas of need and accelerate learning; and A description of how the student will receive intensive reading intervention until the student no longer demonstrates difficulty in reading as determined by the LEA’s approved system of assessment. The student reading improvement plan shall be reviewed and updated at least once annually with the parent or guardian of the student. The local school system shall provide a copy of the student reading improvement plan to the parent or guardian. Supplemental Instruction and Multi-Tiered System of Supports. Each local school system shall develop a multi-tiered system of supports consistent with guidance issued by the Department. The multi-tiered system of supports shall include: Program-specific progress monitoring system and tools to collect and analyze intervention data to make instructional decisions; Home partnerships with parents or guardians as an integral part of the decision-making team; and Supports that address a student’s identified needs with varying intensity and duration across the three tiers. The supplemental instruction shall be provided within the local school system’s multi-tiered system of supports. In addition to Tier I instruction, supplemental instruction shall be provided through Tier II and Tier III interventions utilizing a reading program aligned with the science of reading. All students, including multilingual learners and students with disabilities, must be provided with access to all levels of tiered instruction. The supplemental instruction shall take place within the school day. Students with an IEP. If a student has an IEP, the IEP team should review the results of the screening instrument and diagnostic survey to determine whether the student’s IEP will be updated. If an update is necessary, the IEP team shall incorporate the data and information that would have been used to develop a Student Reading Improvement Plan. This chapter may not delay or deny a student who may be suspected of having a disability from the appropriate evaluation under the Individuals with Disabilities Education Act. The local school system shall set an individualized review schedule of the supplemental reading instruction for each student at intervals of not more than 30 days for progress monitoring. The student’s parent or guardian will receive written progress reports quarterly or upon revisions to supplemental instruction. The local school system may determine the student reading improvement plan is completed when the student has achieved grade level reading standards based upon age-appropriate re-screening. Each local school system shall provide resources on the school system website that includes: Reading screening instruments used in the local school system; and A checklist of early warning signs by age of reading difficulties and dyslexia. On or before September 1, each year, all local school systems shall provide a report to the Maryland State Department of Education with the following information from the previous school year: The total number of students in kindergarten through third grade, by grade level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals; The number of students in kindergarten through third grade, by grade level, who were screened at each level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals; The number of students in kindergarten through third grade identified through a screening instrument as at risk for reading difficulties, disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals; and The number of students in kindergarten through third grade, by grade level, identified as at risk for reading difficulties who received supplemental reading instruction disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals. Education Article, §4-136(i), Annotated Code of Maryland Effective date: July 26, 2021 (48:15 Md. R. 593) Regulations .01 — .08 repealed and new Regulations .01 — .07 adopted effective March 30, 2026 (53:6 Md. R. 291)