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<regulation prefix="Regulation" num=".09-1" citation="COMAR 13A.03.02.09-1" title_num="13A" subtitle_num="03" chapter_num="02" heading="Appeal of Denial of Diploma for Failure to Meet Maryland Comprehensive Assessment Requirement.">
  <paragraph num="A.">
    <text>A school system shall notify each senior and the senior's parents or guardians on or before the end of February of the senior year if a student may not graduate. The notice shall explain:</text>
    <paragraph num="(1)">
      <text>The reasons the student may not graduate;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The options available to meet all graduation requirements;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That a waiver of the Maryland Comprehensive Assessment graduation requirement may be one of the options, if the student meets the criteria set forth in §§C and E of this regulation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The waiver process and timeline; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>That parents or guardians may submit information in writing to the principal concerning eligibility of their child for the waiver.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>On or before the end of February, the principal shall report to the local superintendent the name and student identification number of each student identified in the February notice.</text>
  </paragraph>
  <paragraph num="C.">
    <text>On or before April 1, the school system shall identify each student who may fail to graduate because the student has taken none of the required Maryland Comprehensive Assessments.</text>
  </paragraph>
  <paragraph num="D.">
    <text>On or before April 1, the principal shall report to the local superintendent the name and student identification number of each student identified as meeting the criteria in §C of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>By April 1, for each senior identified in §C of this regulation, the school principal shall consider whether to recommend to the local superintendent a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date if:</text>
    <paragraph num="(1)">
      <text>The student has or is expected to meet all the other graduation requirements; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The student is prevented from meeting the Maryland Comprehensive Assessment graduation requirements because:</text>
      <paragraph num="(a)">
        <text>Of a decision made by the local school system concerning the provision of appropriate assistance as required by Regulation .06C of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The student experienced a special, extraordinary, or extenuating circumstance or combination of circumstances preceding the administration of the most recent Maryland Comprehensive Assessment, such as a recent death in the immediate family, a serious or prolonged illness or pregnancy with medical complications, an accident causing serious injury, or a destructive house fire;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The student moved to the United States in the junior or senior year and the student is literate in the student's native language but not literate in English; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The student moved to Maryland in the senior year.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>On or about April 1, the principal shall notify the student and the student's parents or guardians that the student is being considered for a waiver of the Maryland Comprehensive Assessment graduation requirements that the student has not fulfilled to date. The notice shall explain the waiver decision-making process.</text>
  </paragraph>
  <paragraph num="G.">
    <text>On or before May 1, the principal of the high school shall make a Maryland Comprehensive Assessment waiver recommendation to the local superintendent for each student who meets the criteria set forth in §E of this regulation with the participation of:</text>
    <paragraph num="(1)">
      <text>The student's IEP team, if the student is a student with disabilities;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The English Language Learner staff, if the student is an English Language Learner;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Other school personnel; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>One or more of them.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The principal shall explain the reason for each recommendation under §G of this regulation, whether the recommendation is to grant or deny the waiver.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The local superintendent shall review each recommendation and shall:</text>
    <paragraph num="(1)">
      <text>Grant or deny the waiver;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Promptly notify the student and the student's parent or guardian of the decision; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the waiver is granted, include in the notification the local procedures and requirements that must be met for a diploma to be awarded.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>The superintendent's decision in this matter is not appealable to the local board of education, but may be appealed to the State Superintendent of Schools.</text>
  </paragraph>
  <paragraph num="K.">
    <text>A student or the student's parents or guardians may appeal the waiver denial to the State Superintendent by sending a written appeal letter explaining why the waiver denial was an arbitrary or unreasonable decision. The State Superintendent may affirm or reverse the local superintendent's decision and shall inform the student, the student's parents or guardians, the local superintendent, and the State Board in writing of the decision.</text>
  </paragraph>
  <paragraph num="L.">
    <text>The decision of the State Superintendent may be appealed to the circuit court pursuant to Maryland Rules 7-201, et seq. On appeal:</text>
    <paragraph num="(1)">
      <text>If the State Superintendent has reversed the local superintendent's decision to deny the Maryland Comprehensive Assessment waiver and the local school system appeals that decision, the State Superintendent shall defend the decision on appeal; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the State Superintendent has affirmed the local superintendent's decision and the aggrieved student appeals, the local superintendent shall defend the State Superintendent's decision on appeal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>By August 1, the local superintendent shall send a report to the State Superintendent or the State Superintendent's designee on waiver decisions rendered under this regulation.</text>
  </paragraph>
  <paragraph num="N.">
    <text>Nothing in this regulation is intended to establish any right to participate in the graduation ceremony while an appeal is pending. Participation in the graduation ceremony remains at the discretion of the local superintendent.</text>
  </paragraph>
</regulation>