Title 13A — Subtitle 05. Special Instructional Programs

Chapter 01. Provision of a Free Appropriate Public Education

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to implement Part B of the Individuals with Disabilities Education Act (IDEA), 34 CFR 300, and Education Article, Title 8, Subtitles 3 and 4, Annotated Code of Maryland, which assure a free appropriate public education (FAPE) for all students with disabilities, birth through the end of the school year in which the student turns 21 years old, in accordance with the student's individualized education program (IEP).

Regulation .02 Scope.Link Copy Citation

This chapter applies to public agencies that provide educational services to students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, in accordance with the student's IEP, including the Maryland State Department of Education, local school systems, the SEED School, the Maryland Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.

Early intervention services to eligible infants and toddlers, birth through 2 years old, and their families shall be provided in accordance with Part C of IDEA, 34 CFR 303, and COMAR 13A.13.01.

Regulation .03 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Accommodation” means practices and procedures, in accordance with the Maryland Accommodations Manual, that provide students with disabilities equitable access during instruction and to assessments in the areas of:

(a)

Presentation;

(b)

Response;

(c)

Setting; and

(d)

Scheduling.

(2)

“Act” means the Individuals with Disabilities Education Act, 20 U.S.C. §§1401—1419.

(3)

“Assessment” means the process of collecting data in accordance with Regulation .05 of this chapter, to be used by the IEP team to determine a student's need for special education and related services.

(4)

Assistive Technology Device.

(a)

“Assistive technology device” means an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability, in accordance with 34 CFR §300.5.

(b)

“Assistive technology device” does not include a medical device that is surgically implanted, or the replacement of such a device.

(5)

Assistive Technology Service.

(a)

“Assistive technology service” means a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device,

(b)

“Assistive technology service” includes:

(i)

The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment;

(ii)

Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

(iii)

Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(iv)

Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(v)

Training or technical assistance for a student with a disability or, if appropriate, the student's family; and

(vi)

Training or technical assistance for professionals, including individuals providing education or rehabilitation services, employers, or other individuals who provide services, employ, or are otherwise substantially involved in the major life functions of a student with a disability, in accordance with 34 CFR §300.6.

(6)

At No Cost.

(a)

“At no cost” means the provision of all specially designed instruction without charge.

(b)

“At no cost” does not include incidental fees that are typically charged to students without disabilities or to parents as a part of the regular education program, consistent with 34 CFR §300.39(b)(1).

(7)

“Audiology” means services which include:

(a)

Identification of students with hearing loss;

(b)

Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(c)

Provision of habilitative activities such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation;

(d)

Creation and administration of programs for the prevention of hearing loss;

(e)

Counseling and guidance of students, parents, and teachers regarding hearing loss; and

(f)

Determination of the student's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

(8)

“Autism” means a developmental disability that:

(a)

Does not include emotional disability as defined in §B(23) of this regulation;

(b)

Significantly affects verbal and nonverbal communication and social interaction;

(c)

Is generally evident before 3 years old;

(d)

Adversely affects a student's educational performance; and

(e)

May be characterized by:

(i)

Engagement in repetitive activities and stereotyped movements,

(ii)

Resistance to environmental change or change in daily routines, and

(iii)

Unusual responses to sensory experiences.

(9)

“Business day” means a day when a public agency is open for business whether or not students are required to be in attendance for instruction.

(10)

“Career and technology education” means organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree.

(11)

“Charter school” means a school that operates under the supervision of the public chartering authority in accordance with Education Article, §9-102, Annotated Code of Maryland.

(12)

Consent.

(a)

“Consent” means a parent:

(i)

Has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;

(ii)

Understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and

(iii)

Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(b)

“Consent” includes consent given to an action before a parent revokes consent, so that:

(i)

If a parent revokes consent, that revocation is not retroactive and does not negate an action that occurred after the consent was given and before the consent was revoked; and

(ii)

If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the student's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

(13)

“Consultation” means services provided to a teacher, parent, or other service provider, regarding a specific student, designed to support and enhance the implementation of a student's IEP.

(14)

“Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

(15)

“Critical life skill” means a skill determined by the individualized education program (IEP) team to be critical to the student's overall educational progress.

(16)

“Day” means a calendar day unless otherwise indicated as a school day or business day.

(17)

“Deaf-blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that the student cannot be accommodated solely as a student with deafness or a student with blindness.

(18)

“Deafness” means a hearing impairment which:

(a)

Is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification; and

(b)

Adversely affects the student's educational performance.

(19)

“Department” means the Maryland State Department of Education.

(20)

“Early identification” means the implementation of a formal process for identifying a disability as early as possible in a child's life.

(21)

“Education record” means personally identifiable information, as defined by §B(55) of this regulation, about a student with a disability, maintained by a public agency, consistent with 34 CFR 99 and COMAR 13A.08.02.

(22)

Elementary School.

(a)

“Elementary school” means a public day or residential school that provides elementary education and programs in accordance with 34 CFR §300.7, and Education Article, §1-101, Annotated Code of Maryland.

(b)

“Elementary school” includes:

(i)

Elementary charter schools; and

(ii)

Preschool programs.

(22-1)

Emergency Conditions.

(a)

“Emergency Conditions” means a period of time of 10 school days or longer, during which:

(i)

A child with a disability cannot be provided with an individualized education program or special education services at school; and

(ii)

The school is providing instruction in some form to its students.

(b)

“Emergency conditions” does not include:

(i)

Disciplinary removals for 10 or more days under COMAR 13A.08.01.11; or

(ii)

Students unable to participate in their school of enrollment due to a physical or emotional condition as described under COMAR 13A.03.05.

(23)

Emotional Disability.

(a)

“Emotional disability” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects a student's educational performance:

(i)

An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(ii)

An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(iii)

Inappropriate types of behavior or feelings under normal circumstances;

(iv)

A general, pervasive mood of unhappiness or depression; or

(v)

A tendency to develop physical symptoms or fears associated with personal or school problems.

(b)

“Emotional disability” includes schizophrenia.

(c)

“Emotional disability” does not include a student who is socially maladjusted, unless it is determined that the student has an emotional disability.

(24)

“Equipment” means:

(a)

Machinery, utilities, and built-in equipment, and enclosures necessary to house the machinery, utilities, or equipment; and

(b)

Other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including:

(i)

Instructional equipment and necessary furniture;

(ii)

Printed, published, and audiovisual instructional materials;

(iii)

Telecommunications, sensory, and other technological aids and devices;

(iv)

Books, periodicals, and documents; and

(v)

Other related materials.

(25)

Evaluation.

(a)

“Evaluation” means the process of reviewing:

(i)

Information from parents;

(ii)

Existing data; and

(iii)

Results of assessment procedures used to determine whether a student has a disability, and the nature and extent of the special education and related services that the student needs.

(b)

“Evaluation” means a review at a meeting of the IEP team and other qualified professionals, as appropriate, in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter.

(26)

“Extended school year services” means the individualized extension of specific special education and related services that:

(a)

Are provided to a student with a disability beyond the normal school year of the public agency or nonpublic school the student attends, in accordance with the student's IEP;

(b)

Are provided at no cost to the parents of the student; and

(c)

Meet the standards of the Department.

(27)

“Free appropriate public education (FAPE)” means special education and related services that:

(a)

Are provided at public expense, under public supervision and direction;

(b)

Meet the standards of the Department, including the requirements of 34 CFR §§300.8, 300.101, 300.102, and 300.530(d) and this chapter;

(c)

Include preschool, elementary, or secondary education; and

(d)

Are provided in conformity with an IEP that meets the requirements of 20 U.S.C. §1414, and this chapter.

(28)

“General curriculum” means the curricular content adopted by a public agency, or schools within a public agency, for students from preschool through secondary education.

(29)

“Hearing impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a student's educational performance, but which is not included in §B(18) of this regulation.

(30)

“Homeless students” means children and youth as defined by §725 of the McKinney-Vento Homeless Assistance Act and COMAR 13A.05.09.

(31)

“Impartial hearing officer” means an administrative law judge appointed by the Office of Administrative Hearings to conduct a due process hearing in accordance with 34 CFR §300.511(c) and Education Article, §8-413, Annotated Code of Maryland.

(32)

“Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

(33)

“Independent educational evaluation” means assessment procedures conducted by a qualified individual who is not employed by the public agency responsible for the education of the student.

(34)

“Individualized education program (IEP)” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§300.320—300.324 and Regulations .08 and .09 of this chapter.

(35)

“IEP team” means a group of individuals responsible for:

(a)

Identifying and evaluating students with disabilities in accordance with 34 CFR §§300.301—300.311 and Regulations .04—.06 of this chapter;

(b)

Developing, reviewing, or revising an IEP for a student with a disability in accordance with 34 CFR §§300.320—300.328 and Regulation .07 of this chapter; and

(c)

Determining the placement of a student with a disability in the least restrictive environment (LRE) in accordance with 34 CFR §§300.114 — 300.117 and Regulation .10 of this chapter.

(36)

“Intellectual disability” means general intellectual functioning, adversely affecting a student's educational performance, that:

(a)

Is significantly subaverage;

(b)

Exists concurrently with deficits in adaptive behavior; and

(c)

Is manifested during the developmental period.

(37)

Interpreting Services.

(a)

“Interpreting services” means services for students who are deaf or hard of hearing.

(b)

“Interpreting services” include:

(i)

Oral transliteration services;

(ii)

Cued language transliteration services;

(iii)

Sign language transliteration and interpreting services;

(iv)

Transcription services, including Communication Access Real-Time Translation (CART), C-Print, and TypeWell; and

(v)

Special interpreting services for students who are deaf-blind.

(37-1)

“Learning Continuity Plan” means the sections of the IEP that address the provisions of a free appropriate public education during emergency conditions.

(38)

“Limited English proficient (LEP)” means an individual who does not speak English as the individual's primary language and who has a limited ability to read, speak, write, or understand English.

(39)

“Local school system (LSS)” means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities.

(40)

“Mediator” means a qualified individual:

(a)

Selected by the Office of Administrative Hearings to conduct mediation in accordance with 34 CFR §300.506, Education Article §8-413, Annotated Code of Maryland, and Regulation .15B of this chapter; and

(b)

Trained in effective mediation techniques.

(41)

“Medical services” means services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services.

(42)

Meeting.

(a)

“Meeting” means a prearranged event when personnel of a public agency, a parent, and others who have knowledge or special expertise regarding the student, at the discretion of the public agency or the parent, come together at the same time and place to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a student with a disability.

(b)

“Meeting” does not include:

(i)

Informal or unscheduled conversations with public agency personnel;

(ii)

Conversations on issues of teaching methodology, lesson plans, or coordination of service provision, if these issues are not addressed on the student's IEP; or

(iii)

Preparatory activities of public agency personnel necessary to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(43)

“Modifications” means practices that change, lower, or alter learning expectations, in accordance with the Maryland Accommodations Manual.

(44)

Multiple Disabilities.

(a)

“Multiple disabilities” means concomitant impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes such severe educational problems that the student cannot be accommodated in special education programs solely for one of the impairments.

(b)

“Multiple disabilities” does not include students with deaf-blindness.

(45)

Native Language.

(a)

“Native language” means the language normally used by an individual who is limited English proficient, or the language normally used by the parent of the student in accordance with 34 CFR §29.

(b)

“Native language” includes the language normally used by the student in:

(i)

All direct contact;

(ii)

Assessment and evaluation;

(iii)

The student's home; and

(iv)

The student's learning environment.

(c)

“Native language” includes the mode of communication that is normally used by an individual:

(i)

Who is blind;

(ii)

Who is deaf; or

(iii)

With no written language.

(46)

“Nonacademic and extracurricular activities and services” means activities and services which may include:

(a)

Counseling services, athletics, transportation, health services, recreational activities, special interest groups, or clubs sponsored by the public agency;

(b)

Referrals to agencies that provide assistance to individuals with disabilities; and

(c)

Employment of students, including employment by the public agency and assistance in making outside employment available.

(47)

“Nonpublic school” means a day or residential educational program that is governed and operated by an individual or entity, excluding the federal government or any State, county, or municipal agency, or division of these, in accordance with COMAR 13A.09.10.

(48)

“Occupational therapy” means services which include:

(a)

Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(b)

Improving ability to perform tasks for independent functioning when functions are impaired or lost; and

(c)

Preventing, through early intervention, initial or further impairment or loss of function.

(49)

Orientation and Mobility Services.

(a)

“Orientation and mobility services” means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community.

(b)

“Orientation and mobility services” includes:

(i)

Teaching students spatial and environmental concepts and use of information received by the senses, such as sound, temperature, and vibrations, to establish, maintain, or regain orientation and line of travel;

(ii)

Teaching students to use the long cane or a service animal, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

(iii)

Teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and

(iv)

Other concepts, techniques, and tools, as determined appropriate.

(50)

Orthopedic Impairment.

(a)

“Orthopedic impairment” means a severe orthopedic impairment that adversely affects a student's educational performance.

(b)

“Orthopedic impairment” includes impairments:

(i)

Caused by congenital anomaly, such as clubfoot or absence of some member;

(ii)

Caused by disease such as poliomyelitis or bone tuberculosis; and

(iii)

From other causes such as cerebral palsy, amputations, and fractures or burns which cause contractures.

(51)

“Other health impairment” means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that is adversely affecting a student's educational performance, due to chronic or acute health problems such as:

(a)

Asthma;

(b)

Attention deficit disorder or attention deficit hyperactivity disorder;

(c)

Diabetes;

(d)

Epilepsy;

(e)

A heart condition;

(f)

Hemophilia;

(g)

Lead poisoning;

(h)

Leukemia;

(i)

Nephritis;

(j)

Rheumatic fever;

(k)

Sickle cell anemia; or

(l)

Tourette syndrome.

(52)

Parent.

(a)

“Parent” means:

(i)

A biological or adoptive parent;

(ii)

A guardian;

(iii)

A person acting as a parent of a student, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare;

(iv)

A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care; or

(v)

A surrogate parent who has been appointed in accordance with 34 CFR §300.519 and Education Article, §8-412, Annotated Code of Maryland.

(b)

“Parent” does not include:

(i)

An employee of a public agency responsible for the education or care of the child; or

(ii)

The State, if the child is a ward of the State.

(53)

“Parent counseling and training” means:

(a)

Assisting parents in understanding the special needs of the child; and

(b)

Providing parents with information about child development.

(54)

“Participating agency” means a public agency, other than the public agency responsible for the student's education, that is financially and legally responsible for providing or paying for the provision of transition services to the student.

(55)

“Personally identifiable information” means information that includes:

(a)

The name of the student, the student's parent, or other family member;

(b)

The address of the student;

(c)

A personal identifier such as the student's Social Security number or student number; and

(d)

A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

(56)

Physical Education.

(a)

“Physical education” means the development of:

(i)

Physical and motor fitness;

(ii)

Fundamental motor skills and patterns; and

(iii)

Skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports.

(b)

“Physical education” includes:

(i)

Special physical education;

(ii)

Adaptive physical education;

(iii)

Movement education; and

(iv)

Motor development.

(57)

“Physical therapy” means services provided by a qualified physical therapist or physical therapy assistant, in accordance with Health Occupations Article, §13-101(h), Annotated Code of Maryland, and COMAR 10.38.03.02.

(58)

“Psychological services” means services that include:

(a)

Administering psychological and educational tests, and other assessment procedures;

(b)

Interpreting assessment results;

(c)

Obtaining, integrating, and interpreting information about student behavior and conditions relating to learning;

(d)

Consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(e)

Planning and managing a program of psychological services, including psychological counseling for students and parents; and

(f)

Assisting in developing positive behavioral intervention strategies.

(59)

Public Agency.

(a)

“Public agency” means a State or local government or quasi-government entity responsible for the provision of a free appropriate public education to students with disabilities.

(b)

“Public agency” includes local school systems, the SEED School, the Department, the Maryland Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.

(60)

“Public expense” means the cost of services paid or provided by a public agency at no cost to the parent.

(61)

“Qualified” means an individual who has met the State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individual is providing special education or related services.

(62)

“Recreation” means services which include assessment of leisure function, therapeutic recreation services, recreation programs in schools and other community agencies, and leisure education.

(63)

“Reevaluation” means an evaluation conducted after the initial evaluation in accordance with Regulation .06D of this chapter.

(64)

“Rehabilitation counseling services” means services provided:

(a)

By qualified personnel in individual and group sessions that focus specifically on:

(i)

Career development,

(ii)

Employment preparation,

(iii)

Achieving independence, and

(iv)

Integration in the workplace and community of a student with a disability; and

(b)

To students with disabilities by vocational rehabilitation services funded under the Rehabilitation Act of 1973.

(65)

Related Services.

(a)

“Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a student with a disability to benefit from special education.

(b)

“Related services” includes:

(i)

Speech-language pathology;

(ii)

Audiology;

(iii)

Interpreting services;

(iv)

Psychological services;

(v)

Physical and occupational therapy;

(vi)

Recreation, including therapeutic recreation;

(vii)

Early identification and assessment of disabilities in students;

(viii)

Counseling services, including rehabilitation counseling;

(ix)

Orientation and mobility services;

(x)

Medical services for diagnostic or evaluation purposes;

(xi)

School health services, including school nursing services;

(xii)

Social work services in schools; and

(xiii)

Parent counseling and training.

(c)

“Related services” does not include:

(i)

A surgically implanted medical device;

(ii)

The optimization of the device's functioning;

(iii)

Maintenance of the device; or

(iv)

Replacement of the device.

(66)

“School day” means a day, including a partial day, when a public agency is open and students with and without disabilities are required to be in attendance for instruction in accordance with COMAR 13A.08.02.01.

(67)

“School health services” means services:

(a)

Provided by a qualified school nurse or other qualified individual; and

(b)

Designed to enable a student with a disability to receive FAPE as described in the student's IEP.

(68)

Secondary School.

(a)

“Secondary school” means a public day or residential school that provides secondary education in accordance with 34 CFR §300.36, Education Article.

(b)

“Secondary school” does not include education beyond grade 12.

(69)

“Service plan” means a written statement developed and implemented in accordance with 34 CFR §§300.131—300.144 and Regulation .16B of this chapter, that describes the special education and related services a local school system shall provide to a parentally placed private school student with a disability designated to receive services, including the location of the services and any transportation necessary.

(70)

“Social work services in schools” means services which include:

(a)

Preparing a social or developmental history of a student with a disability;

(b)

Group and individual counseling with the student and family;

(c)

Working with those problems in a student's living situation, such as home, school, and community, that affect the student's adjustment in school;

(d)

Mobilizing school and community resources to enable the student to learn as effectively as possible in the student's educational program; and

(e)

Assisting in the development of positive behavioral intervention strategies.

(71)

Special Education.

(a)

“Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings.

(b)

“Special education” includes speech-language pathology services, travel training, career and technology education, and instruction in physical education if the service consists of specially designed instruction.

(72)

“Specially designed instruction” means the adaptation of content, methodology, or delivery of instruction to address the unique needs of a student with a disability to ensure access to the general curriculum, so that the student can meet the educational standards that apply to each student within the jurisdiction of the public agency.

(73)

Specific Learning Disability (SLD).

(a)

“SLD” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, consistent with Department criteria.

(b)

“SLD” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(c)

“SLD” does not include students who have learning problems which are primarily the result of visual, hearing, or motor impairments, intellectual disability, emotional disability, or environmental, cultural, or economic disadvantage.

(74)

“Speech or language impairment” means a communication disorder such as stuttering, impaired articulation, voice impairment, or language impairment that adversely affects a student's educational performance.

(75)

“Speech-language pathology” means services which include:

(a)

Identification of students with speech or language impairments;

(b)

Diagnosis and appraisal of specific speech or language impairments;

(c)

Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

(d)

Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(e)

Counseling and guidance of parents, students, and teachers regarding speech and language impairments.

(76)

“Statewide assessment” means the testing procedures adopted by the State Board of Education to measure student or school performance, consistent with 20 U.S.C. §1412(a)(16).

(77)

“Student with a developmental delay” means a student within the age range of 3 years old through 7 years old assessed and evaluated in accordance with Regulations .05 and .06 of this chapter as having:

(a)

A 25 percent or greater delay in adaptive, cognitive, communicative, emotional, physical, or social development;

(b)

Atypical development or behavior as defined in COMAR 13A.13.01.03B(12)(b); or

(c)

A diagnosed physical or mental condition as defined in COMAR 13A.13.01.03B(12)(c).

(78)

“Student with a disability” means a student, 3 years old through the end of the school year in which the student turns 21 years old:

(a)

Evaluated in accordance with Regulation .06 of this chapter as having:

(i)

Autism,

(ii)

Deaf-blindness,

(iii)

Emotional disability,

(iv)

Hearing impairment, including deafness,

(v)

Intellectual disability;

(vi)

Multiple disability,

(vii)

Orthopedic impairment,

(viii)

Other health impairment,

(ix)

Specific learning disability,

(x)

Speech or language impairment,

(xi)

Traumatic brain injury, or

(xii)

Visual impairment, including blindness; and

(b)

Who, because of the impairment, needs special education and related services.

(79)

“Supplementary aids and services” means aids and services and other supports that are provided in regular education classes, other education-related settings, and extracurricular and nonacademic settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate in accordance with 34 CFR §§300.114 — 300.116 and Regulation .10 of this chapter.

(80)

Transition Services.

(a)

“Transition services” means a coordinated set of activities for a student with a disability, designed within a results-oriented process, that is focused on improving the academic and functional achievement of a student with a disability to facilitate the student's movement from school to post-school activities, including:

(i)

Post-secondary education;

(ii)

Career and technology education;

(iii)

Integrated employment, including supported employment;

(iv)

Continuing and adult education;

(v)

Adult services;

(vi)

Independent living; or

(vii)

Community participation.

(b)

“Transition services” also means activities based on the student's needs, taking into account the student's strengths, preferences, and interests.

(c)

“Transition services” include:

(i)

Needed activities in the areas of instruction, related services, community experiences, development of employment, or other post-school adult living objectives;

(ii)

Acquisition of daily living skills; and

(iii)

Functional vocational evaluation, if appropriate.

(81)

“Transportation” means services which include:

(a)

Travel to and from school and between schools;

(b)

Travel in and around school buildings; and

(c)

Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability.

(82)

Traumatic Brain Injury.

(a)

“Traumatic brain injury” means an acquired injury to the brain, caused by an external force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance.

(b)

“Traumatic brain injury” includes open or closed head injuries resulting in impairments in one or more areas such as:

(i)

Cognition;

(ii)

Language;

(iii)

Memory;

(iv)

Attention;

(v)

Reasoning;

(vi)

Abstract thinking;

(vii)

Judgment;

(viii)

Problem solving;

(ix)

Sensory, perceptual, and motor abilities;

(x)

Psychosocial behavior;

(xi)

Physical functions;

(xii)

Information processing; and

(xiii)

Speech.

(c)

“Traumatic brain injury” does not include brain injuries that are:

(i)

Congenital or degenerative; or

(ii)

Induced by birth trauma.

(83)

“Travel training” means providing instruction to students with disabilities, as appropriate, who require this instruction to enable them to:

(a)

Develop an awareness of the environment in which they live; and

(b)

Learn the skills necessary to move effectively and safely from place to place within that environment.

(84)

Visual Impairment.

(a)

“Visual impairment” means impairment in vision which, even with correction, adversely affects a student's educational performance.

(b)

“Visual impairment” includes partial sight and blindness.

(85)

Ward of the State.

(a)

“Ward of the State” means a child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child.

(b)

“Ward of the State” does not include a foster child who has a foster parent who meets the definition of a parent as defined in §B(52)(a)(iv) of this regulation.

Regulation .04 Referral.Link Copy Citation

Referral to a Public Agency.

(1)

A student with a suspected disability who may need special education shall be referred, in writing, to a public agency.

(2)

An initial referral may be initiated by:

(a)

The student's parent; or

(b)

A representative of a public agency.

(3)

A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services:

(a)

When, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided instruction, as described in §B(1) of this regulation; and

(b)

Whenever a student is referred for an evaluation.

(4)

A public agency shall adhere to the time frames described in Regulation .06A of this chapter, unless the student's parent and the IEP team extend the time frame by mutual written agreement.

Determination of Need for Assessment.

(1)

The public agency shall ensure:

(a)

That assessment procedures are administered as needed, in accordance with Regulation .05 of this chapter; and

(b)

The student's parent receives written notice of any assessment procedure the public agency proposes or refuses to conduct, in accordance with Regulation .12 of this chapter.

(2)

The public agency shall provide the student's parent written notice in accordance with Regulation .12 of this chapter if the public agency:

(a)

Determines that no additional data is needed; or

(b)

Does not suspect the student of being a student with a disability or a student with a developmental delay in accordance with this chapter.

(3)

If the parent disagrees with the decision as described in §B(2) of this regulation, the parent may appeal the decision in accordance with Regulation .15B and C of this chapter.

Regulation .05 Assessment.Link Copy Citation

Nondiscrimination. A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are selected and administered in a manner which is not racially or culturally discriminatory.

Assessment Procedures.

(1)

A student shall be assessed in all areas related to the suspected disability, consistent with 34 CFR §300.304(c)(4).

(2)

A variety of assessment tools and strategies shall be used to gather sufficient relevant functional, cognitive, developmental, behavioral, academic, and physical information, and information provided by the parent to enable the IEP team to determine:

(a)

If the student is a student with a disability;

(b)

The student's educational needs;

(c)

The content of a student's IEP, including information related to enabling the student to be involved in and progress in the general curriculum, or, for preschool students, to participate in appropriate activities; and

(d)

Each special education and related service needed by a student, regardless of whether the need is commonly linked to the student's disability.

(3)

A single procedure may not be used as the sole criterion for determining:

(a)

If a student is a student with a disability; and

(b)

An appropriate educational program for a student.

(4)

Initial assessments for students with disabilities who transfer from one public agency to another in the same school year shall be expeditiously coordinated with the student's prior and subsequent public agency to ensure prompt completion of an initial evaluation as specified in 34 CFR §300.301 and Regulation .06 of this chapter.

(5)

Observation for the Determination of an SLD.

(a)

If a student is suspected of being a student with an SLD, or is a student with an SLD, at least one member of the IEP team, other than the student's regular education teacher, shall observe the student in the student's learning environment, including the regular classroom setting, to document academic performance and behavior in the areas of difficulty, in accordance with 34 CFR §300.310.

(b)

In determining whether the student has an SLD, the IEP team shall:

(i)

Use information from an observation in routine classroom instruction and monitoring of the student's performance that occurred before the child was referred for an evaluation; or

(ii)

Have at least one member of the IEP team conduct an observation of the student's academic performance in the regular classroom after the student has been referred for an evaluation and parental consent is obtained consistent with 34 CFR §300.300(a).

(c)

If a student is younger than school age or not in school, an IEP team member shall observe the student in an environment appropriate for a student of that age.

Assessment Materials.

(1)

A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are:

(a)

Technically sound; and

(b)

Provided and administered in the student's native language or other mode of communication, in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to provide or administer.

(2)

A standardized test administered to a student shall be:

(a)

Valid for the specific purpose for which it is used; and

(b)

Administered by trained and knowledgeable personnel in conformance with the instructions provided by the producer of the test.

(3)

Tests and other assessment materials are not limited to procedures designed to provide a single general intelligence quotient and include procedures tailored to assess:

(a)

Specific areas of educational need; and

(b)

The extent to which a student with limited English is a student with a disability, rather than measuring a student's English language skills.

(4)

The results of assessment procedures selected for use with a student with impaired sensory, manual, or speaking skills shall accurately reflect the student's aptitude or achievement level, and the other factors procedures purport to measure, rather than the student's impaired sensory, manual, or speaking skills, except when those skills are the factors that procedures purport to measure.

Report of Assessments.

(1)

A report of assessment procedures administered to a student in each area of suspected disability, as determined in accordance with Regulation .04 of this chapter, shall be available to the parents, consistent with Education Article, §8-405, Annotated Code of Maryland, and to the IEP team at the time of the evaluation.

(2)

Each report of assessment procedures shall be written, dated, and signed by the individual who conducted the assessment.

(3)

Each report of assessment procedures shall include:

(a)

A description of the student's performance in each area of suspected disability;

(b)

Relevant information in accordance with §B(2) of this regulation;

(c)

Instructional implications for the student's participation in the general curriculum or, for a preschool student, participation in appropriate activities; and

(d)

A description of the extent to which assessment procedures were not conducted under standard conditions, consistent with 34 CFR §300.304(c).

Regulation .06 Evaluation, Reevaluation, and Eligibility.Link Copy Citation

Initial Evaluation.

(1)

An IEP team shall complete an initial evaluation of a student, consistent with 34 CFR §300.301(c)(1), within:

(a)

60 days of parental consent for assessments in accordance with Regulation.13A of this chapter; and

(b)

90 days of the public agency receiving a written referral in accordance with Regulation .04A of this chapter.

(2)

Exception to the Time Line for Completion of Initial Evaluation.

(a)

The time line for completion of the initial evaluation described in §A(1) of this regulation does not apply, in accordance with 20 U.S.C. §1414(a)(1)(C)(ii), if:

(i)

The parent of the student repeatedly fails or refuses to produce the student for assessments; or

(ii)

A student enrolls in a different public agency before the completion of the initial evaluation started in the student's former public agency of enrollment.

(3)

The exceptions to the time line described in §A(2) of this regulation apply only if:

(a)

The subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation; and

(b)

The parent and subsequent public agency agree to a specific time for completion of the evaluation.

A public agency shall convene an IEP team meeting to determine if a child in transition from a local infants and toddlers program has a disability or developmental delay that requires the provision of special education and related services, in accordance with COMAR 13A.13.01.09B(10).

Review of Assessment Information.

(1)

To conduct an evaluation, the IEP team shall:

(a)

Draw on information from a variety of sources, including:

(i)

Existing data;

(ii)

Current classroom-based, local, and Statewide assessments;

(iii)

Parent input; and

(iv)

Observations by teachers and related service providers; and

(b)

Carefully consider and document information used as a basis of the team's decision.

(2)

Evaluation Report.

(a)

The IEP team shall document its decision.

(b)

The written decision shall include:

(i)

Information provided by the parent;

(ii)

Results of assessment procedures used as a basis for determination;

(iii)

A statement as to whether the assessment procedures were valid for the purposes intended and valid for the student; and

(iv)

Whether the student is a student with a disability.

(3)

The IEP team may not determine that a student is a student with a disability if:

(a)

The determinant factor for the determination is:

(i)

The lack of appropriate instruction in reading, defined in §1208(3) of the Elementary and Secondary Education Act of 1965, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency and oral reading skill, and reading comprehension strategies;

(ii)

A lack of instruction in math; or

(iii)

Limited English proficiency; and

(b)

The student does not otherwise meet the criteria specified in 34 CFR §300.8.

(4)

The IEP team shall provide the parent with a copy of the IEP team decision.

Determination of an SLD.

(1)

In determining whether a student has an SLD, consistent with 20 U.S.C. §1414(b)(6) and 34 CFR §300.307, a public agency:

(a)

May use a process that determines whether a student responds to scientific research-based interventions as part of assessment procedures, as described in 20 U.S.C. §1414(b)(2) and (3) and in accordance with Regulation .05 of this chapter;

(b)

May use alternative research-based procedures for determining whether a student has a specific learning disability; and

(c)

May not be required to use a severe discrepancy between intellectual ability and achievement.

(2)

The IEP team shall determine that a student has an SLD if:

(a)

The student does not achieve adequately for the student's age or meet State-approved grade level standards when provided with learning experiences appropriate for the student's age and ability levels in one or more of the following areas:

(i)

Oral expression;

(ii)

Listening comprehension;

(iii)

Basic reading skills;

(iv)

Reading fluency skills;

(v)

Reading comprehension;

(vi)

Written expression;

(vii)

Mathematics calculation; or

(viii)

Mathematics problem solving; and

(b)

The student's lack of achievement described in §D(2) of this regulation is not primarily the result of:

(i)

A visual, hearing, or motor impairment;

(ii)

Intellectual disability;

(iii)

Emotional disability;

(iv)

Cultural factors;

(v)

Environmental, cultural, or economic disadvantage; or

(vi)

Limited English proficiency.

(3)

The IEP team may consider evaluative data and appropriate assessments, consistent with 34 CFR §§300.304 and 300.305, if the team determines that data to be relevant to the identification of an SLD if the student:

(i)

Does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in §D(2) of this regulation, when using a process based on the student's response to scientific research-based intervention; or

(ii)

Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development.

(4)

To ensure that underachievement in a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the IEP team shall consider, as part of the evaluation:

(a)

Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(b)

Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, that was provided to the student's parent.

(5)

When a student is suspected of having an SLD, the IEP team shall prepare a written report that includes:

(a)

A statement of whether the student has a specific learning disability;

(b)

The basis for making the determination;

(c)

The relevant behaviors, if any, noted during the observation of the student;

(d)

The relationship of the behaviors to the student's academic functioning;

(e)

The educationally relevant medical findings, if any;

(f)

The determination of the IEP team concerning the effects of visual, hearing, or motor disability, intellectual disability, emotional disability, cultural factors, environmental or economic disadvantage, or limited English proficiency on the student's achievement level;

(g)

If the student participated in a process to assess the student's response to scientific, research-based intervention as described in §D(1) of this regulation, the:

(i)

Instructional strategies used and the student-centered data collected;

(ii)

Documentation that the student's parents were notified of the Department's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

(iii)

Strategies for increasing the student's rate of learning; and

(iv)

Parents' right to request an evaluation; and

(h)

The written certification of each IEP team member as to whether the written report reflects the member's conclusion.

(6)

If the written report in §D(5) of this regulation does not reflect an IEP team member's conclusion, the team member shall submit a separate statement presenting the team member's conclusion.

(7)

The determination of an SLD shall be made by an IEP team as described in Regulation .07A of this chapter and include at least one person qualified to conduct individual diagnostic assessments of students in accordance with 34 CFR §300.308(b) and Regulation.05 of this chapter.

Reevaluation.

(1)

A public agency shall ensure that a reevaluation of each student with a disability is conducted in accordance with 34 CFR §§300.303 and 300.305 and Regulation .05 of this chapter:

(a)

If the public agency determines that the educational and related services needs, including improved academic achievement and functional performance of the student, warrant reevaluation;

(b)

If the student's parent or teacher requests a reevaluation; or

(c)

Before determining a student is no longer a student with a disability.

(2)

In accordance with 34 CFR §300.303(b), a reevaluation shall occur:

(a)

Not more frequently than once a year, unless the parent and public agency agree otherwise; and

(b)

At least once every 3 years, unless the parent and public agency agree that a reevaluation is not necessary.

(3)

The IEP team shall review existing assessment data in accordance with §C of this regulation.

(4)

On the basis of the review, and input from the student's parents, the IEP team shall identify what additional data, if any, is needed to determine:

(a)

Whether the student continues to be a student with a disability;

(b)

The educational needs of the student;

(c)

The present levels of academic achievement and related developmental needs of the student;

(d)

Whether additions or modifications to special education and related services are needed to enable the student to meet the measurable annual goals in the student's IEP and to participate in the general curriculum; and

(e)

Whether the student continues to need special education and related services.

(5)

If the IEP team determines the need for additional data, the public agency shall conduct assessment procedures in accordance with Regulation .05B of this chapter.

(6)

The results of assessment procedures shall be used by the IEP team in reviewing, and, as appropriate, revising the student's IEP in accordance with Regulation .08B of this chapter within 90 days of the IEP team meeting as described in §E(4) of this regulation.

(7)

The IEP team shall notify the parents, in accordance with Regulation .12B of this chapter, if the IEP team determines that no additional data is needed to determine:

(a)

Whether the student with a disability continues to be a student with a disability; and

(b)

The student's educational needs.

(8)

The notification described in §E(7) of this regulation shall include:

(a)

The decision of the IEP team and the basis of the determination; and

(b)

The right of the parents to request a public agency to conduct assessment procedures to determine:

(i)

Whether the child continues to be a student with a disability; and

(ii)

Their child's educational needs.

(9)

A public agency shall conduct assessment procedures in accordance with Regulation .05 of this chapter before determining that a student is no longer a student with a disability.

(10)

A public agency is not required to conduct assessment procedures:

(a)

Unless requested to do so by the student's parent; or

(b)

Before the termination of a student's eligibility in accordance with this chapter due to:

(i)

Graduation from secondary school with a regular high school diploma; or

(ii)

Exceeding the age of eligibility for FAPE in accordance with Regulation .01 of this chapter.

(11)

On termination of a student's eligibility for services, in accordance with COMAR 13A.03.02 and as described in §E(10)(b) of this regulation, a public agency shall provide the student with a summary of the student's academic achievement and functional performance, including recommendations on how to assist the student in meeting the student's postsecondary goals, in the Exit Document, in accordance with 34 CFR §300.305(e)(3).

(12)

A public agency shall consolidate a reevaluation meeting with other IEP team meetings for a student with a disability to the extent possible.

Regulation .07 Individualized Education Program (IEP) Team.Link Copy Citation

IEP Team Members.

(1)

A public agency shall ensure that the IEP team for a student with a disability includes:

(a)

The parents of the student;

(b)

Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment;

(c)

Not less than one special education teacher, or not less than one special education provider of the student;

(d)

A representative of the public agency who is:

(i)

Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, and

(ii)

Knowledgeable about the general curriculum and about the availability of resources of the public agency;

(e)

An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in §A(1)(b)—(d) of this regulation;

(f)

Other individuals, at the discretion of the parent or public agency, who have knowledge or special expertise regarding the student, including related service personnel, as appropriate; and

(g)

The student, if appropriate.

(2)

If a student does not have a regular teacher, or is younger than school age, the regular educator described in §A(1)(b) of this regulation shall be an individual qualified to teach a student of the student's age.

(3)

When a purpose of the IEP meeting is to consider transition services, in accordance with 34 CFR §§300.320(b) and 300.321(b), and Regulation .09 of this chapter, the public agency shall ensure that the IEP team invites:

(a)

The student; and

(b)

A representative of any other agency that is likely to be responsible for providing or paying for transition services, with the consent of the:

(i)

Student's parent; or

(ii)

Student, if the student has reached the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.

(4)

If the student does not attend the meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered.

(5)

If an invited representative of a participating agency does not attend the meeting, the public agency shall take other steps to obtain the involvement of the agency in the planning and provision of transition services.

(6)

If a student with a disability attends a nonpublic school and is receiving, or may receive, special education and related services from a public agency, the public agency shall invite a representative of the nonpublic school.

(7)

If a representative of the nonpublic school does not attend the meeting, the public agency shall take other steps to obtain the involvement of the nonpublic school, including individual or conference telephone calls.

(8)

For the initial IEP team meeting of a child who was previously served by a local infants and toddlers program, the IEP team shall, at the request of the child’s parent, invite the local infants and toddlers program service coordinator or other representatives of the local infants and toddlers program to assist with the smooth transition of services, in accordance with COMAR 13A.13.01.09F.

IEP Team Meetings.

(1)

A public agency shall ensure that an IEP team meets:

(a)

To conduct an evaluation before the initial provision of special education and related services to a student with a disability in accordance with Regulation .06 of this chapter; and

(b)

To develop, review, and revise, as appropriate, a student's IEP in accordance with 34 CFR §300.324.

(2)

A public agency shall ensure that meetings to determine a student's need for extended school year services are conducted early enough in the school year to provide the parent the opportunity to request mediation or file a due process complaint in accordance with Regulation .15B and C of this chapter.

IEP Team Attendance.

(1)

A member of the IEP team is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the public agency agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed, in accordance with 34 CFR §300.321(e)(1).

(2)

A member of the IEP team may be excused from attending an IEP team meeting, in whole or in part, in accordance with 34 CFR §300.321(e)(2), when the meeting involves a modification to or discussion of the member's area of curriculum or related service, if, before the IEP team meeting:

(a)

The parent and the public agency consent to the excusal of the IEP team member; and

(b)

The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team.

(3)

The agreement of the parent and the public agency described in §C(1) of this regulation and the consent described in §C(2)(a) of this regulation shall be in writing, in accordance with 34 CFR §300.321(e).

Parent Participation.

(1)

A public agency shall take steps to ensure that one or both of the parents of the student with a disability are present or are afforded an opportunity to attend and participate at meetings of the IEP team.

(2)

The parent of a student with a disability shall be provided with written notice in advance of the meeting. Reasonable notice shall be at least 10 days in advance of the meeting, unless an expedited meeting is being conducted to:

(a)

Address disciplinary issues;

(b)

Determine the placement of the student with a disability not currently receiving educational services; or

(c)

Meet other urgent needs of the student to ensure the provision of FAPE.

(3)

Consistent with Education Article, §8-405(c), Annotated Code of Maryland, appropriate school personnel shall provide the parent of a student with a disability an accessible copy of:

(a)

Each assessment, report, data chart, draft individualized education program (IEP), or other document the IEP team or other multidisciplinary team plans to discuss at that meeting, at least 5 business days before the scheduled meeting; and

(b)

The completed IEP not later than 5 business days after a scheduled IEP or other multidisciplinary team meeting.

(4)

Efforts to obtain the participation of the parent include:

(a)

Scheduling the IEP meeting at a mutually agreed on time and place; and

(b)

Indicating, as part of the written notice:

(i)

The purpose, time, date, and location of the meeting;

(ii)

Who will be in attendance;

(iii)

That parents may invite other individuals to attend and participate as a member of an IEP team as described in §A(1)(f) of this regulation; and

(iv)

That the determination of the knowledge or special expertise of an individual is made by the party who invited the individual in accordance with 34 CFR §300.321(c).

(5)

For a student with a disability who is 14 years old, or younger if appropriate, the written notice shall indicate that:

(a)

A purpose of the meeting will be the consideration of postsecondary goals and transition services for the student; and

(b)

The public agency will invite the student.

(6)

For a student with a disability who is 16 years old, or younger if appropriate, the written notice shall include the information in §D(4) of this regulation and shall identify any other agencies that may be invited to send a representative, consistent with §A(3)(b) of this regulation.

(7)

If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual, video conference, or teleconference calls, consistent with 34 CFR §300.328.

(8)

A meeting may be conducted without a parent in attendance if the public agency:

(a)

Is unable to convince the parent to attend; and

(b)

Has a record of its attempts to arrange a mutually agreed on time and place, such as:

(i)

Detailed records of telephone calls made or attempted and the results of those attempts,

(ii)

Copies of correspondence sent to the parent and any responses received, or

(iii)

Detailed records of visits made to the parent's home or place of employment and the results of those visits.

(9)

The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is other than English.

(10)

The public agency shall provide a copy of the IEP to the parent at no cost.

Regulation .08 Individualized Education Program (IEP) Team Responsibilities.Link Copy Citation

IEP Development.

(1)

A public agency shall ensure that an IEP team meets to develop an IEP for a student with a disability within 30 days of the evaluation.

(2)

Transition from a Local Infants and Toddlers Program.

(a)

If a child transitioning from a local infants and toddlers program is determined to be a student with a disability or developmental delay in accordance with Regulation .06B of this chapter, the public agency shall:

(i)

Ensure that an IEP team meets in a timely manner to determine a child’s eligibility for special education and related services before the child’s third birthday;

(ii)

Invite the child’s local infants and toddlers service coordinator or other representatives of the local infants and toddlers program to assist with a smooth transition of services, consistent with Regulation .07A(8) of this chapter; and

(iii)

Ensure that the student’s IEP is in effect on the student’s third birthday in accordance with Regulation .09 of this chapter if a child’s family chooses to receive preschool special education services.

(b)

The IEP team shall consider the student's individual family service plan when developing the child's IEP, in accordance with §A(2)(a)(i) of this regulation.

(3)

In developing an IEP, the IEP team shall consider and document:

(a)

Strengths of the student;

(b)

Concerns of the parent for enhancing the education of the student;

(c)

Results of the initial or most recent evaluation;

(d)

Communication needs of the student;

(e)

Whether the student requires assistive technology devices and services;

(f)

The results of the student's performance on Statewide, district-wide, or alternative assessment programs, as appropriate; and

(g)

The academic, developmental, and functional needs of the student.

(4)

If a student's behavior impedes the student's learning or the learning of others, the IEP team shall consider strategies, including positive behavioral interventions, strategies, and supports, to address that behavior, as appropriate.

(5)

If a student is limited English proficient, the IEP team shall consider the language needs of the student as these needs relate to the student's IEP.

(6)

Blind or Visually Impaired Students.

(a)

If a student is blind or visually impaired, the IEP team shall provide for instruction in:

(i)

Braille and the use of braille, including textbooks in braille, unless the IEP team determines that instruction in braille is not appropriate for the student in accordance with 34 CFR §300.324(a)(2)(iii), Education Article, §8-408, Annotated Code of Maryland, and COMAR 13A.06.05.01; and

(ii)

Orientation and mobility, unless the IEP team determines that instruction in orientation and mobility is not appropriate for the student in accordance with Education Article, §8-408, Annotated Code of Maryland, and §A(6)(b)—(d) of this regulation.

(b)

If the IEP team determines that instruction in orientation and mobility is not appropriate for the student, the IEP team shall order an orientation and mobility assessment, consistent with guidelines established by the Department, that:

(i)

Includes input from the student’s parent or guardian;

(ii)

Includes input from the student’s classroom teacher; and

(iii)

Takes into consideration the student’s age, current and future needs, ability to function in familiar and unfamiliar areas, and ability to function under various lighting conditions.

(c)

To be qualified to conduct an orientation and mobility assessment under §A(6)(b) of this regulation or provide orientation and mobility instruction, an individual shall:

(i)

Hold a Bachelor’s degree from an accredited college or university; and

(ii)

Have completed any one of the credentialing options listed in §A(6)(d) of this regulation.

(d)

Credentialing Options. To meet the credentialing requirement under §A(6)(c) of this regulation, an individual may:

(i)

Hold a certificate as a Certified Orientation and Mobility Specialist (COMS) from the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP);

(ii)

Hold National Orientation and Mobility Certification (NOMC) from the National Blindness Professional Certification Board (NBPCB); or

(iii)

Complete all requirements of a university-based program in orientation and mobility, including a supervised internship or externship in orientation and mobility.

(7)

If a student is deaf or hard of hearing, the IEP team shall consider the student's:

(a)

Language and communication needs;

(b)

Opportunities for direct communication with peers and professional personnel in the student's language and mode of communication; and

(c)

Academic level and full range of needs, including opportunities for direct instruction in the student's language and mode of communication.

(8)

When considering the factors as described in §A(3)—(7) of this regulation, if the IEP team determines that a student with a disability needs a particular device or service, including intervention, accommodations, or other program modifications, to receive FAPE, the student's IEP shall include a statement to that effect.

(9)

As a member of the IEP team, a regular education teacher of the student shall, to the extent appropriate, participate in the development of the student's IEP. Participation includes assisting in the determination of:

(a)

Appropriate positive behavioral interventions and strategies for the student; and

(b)

Supplementary aids and services, program modifications, and supports for school personnel, consistent with 34 CFR §300.320(a)(4) and Regulation .09A(1)(d) of this chapter.

(10)

The IEP team shall consider a student's need for transportation as a related service as defined in Regulation .03B(65) of this chapter to assist a student to benefit from special education in accordance with 34 CFR §300.34.

(11)

Each public agency shall ensure that hearing aids or the external components of surgically implanted medical devices worn in school by students with hearing impairments are functioning properly, in accordance with 34 CFR §300.113.

IEP Review.

(1)

A public agency shall ensure that the IEP team meets periodically, but not less than annually, to review and revise the IEP, as appropriate, to:

(a)

Determine whether the annual goals for the student are being achieved;

(b)

Address any lack of expected progress in the annual goals or in the general curriculum;

(c)

Review data and information from assessment procedures conducted as part of the reevaluation in Regulation .06 of this chapter, as appropriate;

(d)

Address any information about the student provided to or by the parent;

(e)

Address the student’s anticipated needs;

(f)

Address planning for emergency conditions; and

(g)

Discuss other matters, as identified on the notice of the IEP team meeting.

(2)

Extended School Year Services.

(a)

At least annually, the IEP team shall determine whether the student requires the provision of extended school year services in accordance with Education Article, §8-405, Annotated Code of Maryland.

(b)

The IEP team shall consider:

(i)

Whether the student's IEP includes annual goals related to critical life skills;

(ii)

Whether there is a likelihood of substantial regression of critical life skills caused by the normal school break in the regular school year and a failure to recover those lost skills in a reasonable time;

(iii)

The student's degree of progress toward mastery of IEP goals related to critical life skills;

(iv)

The presence of emerging skills or breakthrough opportunities;

(v)

Interfering behaviors;

(vi)

The nature and severity of the disability; and

(vii)

Special circumstances.

(c)

Following the consideration of factors described in §B(2)(b) of this regulation, the IEP team shall determine whether the benefits the student with a disability gains during the regular school year will be significantly jeopardized if that student is not provided with an educational program during a normal break in the regular school year.

(3)

A parent of a student with a disability or a public agency may request a meeting at any time to review and, as appropriate, revise the student's IEP.

(4)

After the annual IEP meeting for a school year, the parent of a student with a disability and the public agency may agree to develop a written document amending or modifying a student's IEP without convening an IEP team meeting as described in §B(1) of this regulation, in accordance with 34 CFR §300.324(a)(4).

(5)

Changes to a student's IEP may be made by:

(a)

The student's IEP team, in accordance with §B(1) of this regulation; or

(b)

Amending the student's IEP without redrafting the entire IEP, in accordance with §B(4) of this regulation.

(6)

If a student's IEP is amended, the public agency shall ensure the IEP that incorporates the amendments is:

(a)

Accessible to the student's service providers, as described in Regulation .09D(5) of this chapter; and

(b)

Provided, on request, to the student's parent, consistent with 34 CFR §300.324(a)(6).

Regulation .09 Individualized Education Program Document.Link Copy Citation

IEP Content.

(1)

The IEP for a student with a disability shall include:

(a)

A statement of the student's present levels of academic achievement and functional performance, including:

(i)

How the student's disability affects the student's involvement and progress in the general curriculum, or

(ii)

For a preschool student, as appropriate, how the disability affects the student's participation in appropriate activities;

(b)

Measurable academic and functional annual goals, including benchmarks or short-term instructional objectives related to:

(i)

Meeting the student's needs that result from the student's disability to enable the student to be involved in and make progress in the general curriculum, and meeting each of the student's other educational needs that result from the student's disability; or

(ii)

For a preschool student, as appropriate, to participate in appropriate activities;

(c)

The special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, including staffing support, to be provided to the student, or on behalf of the student;

(d)

Program modifications or supports for school personnel that will be provided for the student to enable the student to:

(i)

Advance appropriately toward attaining the annual goals;

(ii)

Be involved in and make progress in the general curriculum;

(iii)

Participate in extracurricular and other nonacademic activities; and

(iv)

Be educated and participate with other students with disabilities and students without disabilities;

(e)

An explanation of the extent, if any, to which the student will not participate with students without disabilities in the regular class and in the activities, as described in §A(1)(e) of this regulation;

(f)

A statement of any appropriate individual accommodations that are needed to measure the student's academic achievement and functional performance on Statewide or district-wide assessments, consistent with 34 CFR §300.320(a)(6);

(g)

If the IEP team determines that a student may not participate in a particular Statewide or district-wide assessment, documentation by the team of:

(i)

Why the assessment, or part of an assessment, is not appropriate for the student;

(ii)

How the student will be assessed; and

(iii)

Why a particular alternate assessment is appropriate;

(h)

The projected dates for initiation of services, and modifications as described in §A(1)(c) and (d) of this regulation, including the anticipated frequency, location, and duration; and

(i)

A learning continuity plan to address the provision of a free appropriate public education during emergency conditions.

(2)

If a student requires extended school year services, the IEP shall include the specific special education and related services to be provided beyond the regular school year consistent with Regulation .08B(2) of this chapter.

(3)

Transition Services.

(a)

Beginning not later than the first IEP to be in effect when a student turns 14 years old, and younger if appropriate, and updated annually, consistent with Education Article, §21-305, Annotated Code of Maryland, the student's IEP shall include:

(i)

The transition services, including course of study needed to assist the student reach those goals;

(ii)

Appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and independent living, as appropriate; and

(iii)

A statement of needed transition services including, if appropriate, a statement of a public agency's and a participating agency's responsibilities or linkages, or both, before the student leaves the secondary school setting.

(b)

If a participating agency fails to provide agreed-on transition services contained in a student's IEP, the public agency responsible for the student's education shall, as soon as possible, initiate a meeting for the purpose of:

(i)

Identifying alternative strategies to meet the transition objectives; and

(ii)

If necessary, revising the student's IEP.

(c)

The Act does not relieve a participating agency of the responsibility to provide or pay for a transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of the agency.

(4)

Transfer of Rights at Age of Majority. Beginning not later than 1 year before the student reaches the age of majority under State law, the IEP shall include a statement that the student has been informed of the student's rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.

(5)

Information included under one component of the student's IEP is not required to be repeated under another component.

Report of Progress.

(1)

An IEP shall include how a parent is to be regularly informed of the:

(a)

Student's progress toward the annual goals; and

(b)

Extent to which the progress is sufficient to enable the student to achieve the goals within a year.

(2)

A parent of a student with a disability shall be informed of the student's progress at least as often as a parent is informed of a nondisabled student's progress.

(3)

A public agency shall make a good faith effort to achieve the goals of a student's IEP as described in §A(1)(b) of this regulation.

(4)

A public agency, teacher, or other individual may not be held accountable if a student does not achieve the growth projected in the IEP as described in §A(1) of this regulation.

Students in Adult Correctional Facilities.

(1)

Each school system is required to provide special education and related services to students with disabilities incarcerated in local adult correctional facilities located within the jurisdiction of the local school system to ensure FAPE as defined in 20 U.S.C. §1401(9).

(2)

The local adult correctional facilities identified in §C(1) of this regulation do not include adult correctional institutions under the jurisdiction of the Maryland Department of Public Safety and Correctional Services.

(3)

The Maryland Department of Labor provides special education and related services to students with disabilities incarcerated in adult correctional institutions identified in §C(2) of this regulation.

(4)

The requirements of §A(1)(f) and (g) of this regulation do not apply to students with disabilities incarcerated in adult correctional facilities.

(5)

The requirements of §A(3) of this regulation do not apply to a student with a disability incarcerated in an adult correctional facility, whose eligibility under Part B of the Act and this chapter will end before the student is eligible for release, based on the consideration of the sentence and eligibility for early release.

IEP in Effect.

(1)

A public agency shall ensure that an IEP is in effect before special education and related services are provided to a student with a disability within its jurisdiction, including students with disabilities:

(a)

Placed in or referred to a nonpublic school by the public agency; or

(b)

Incarcerated in an adult correctional facility and in need of special education or related services from the local school system as described in §C(1) of this regulation.

(2)

A public agency shall have an IEP in effect for a student with a disability at the beginning of a school year.

(3)

A public agency shall implement an IEP as soon as possible after the meeting where the IEP is developed or revised, except as described in §D(4) of this regulation.

(4)

Exceptions to §D(3) of this regulation are:

(a)

When the meeting occurs during the summer or a vacation period; or

(b)

When there are circumstances that require a short delay, such as working out transportation arrangements.

(5)

Each service provider, as defined in COMAR 13A.05.02.03B(3), responsible for the implementation of the IEP for a student with a disability shall:

(a)

Have access to the IEP; and

(b)

Be informed of the service provider's specific responsibilities, accommodations, modifications, and supports that shall be provided for the student in accordance with the student's IEP.

Program for Students who Transfer School Districts.

(1)

Transfer Within the State. When a student with a disability with an IEP in effect in accordance with §D of this regulation transfers from one public agency to another public agency in the State, as specified in 34 CFR §300.323(e), the public agency in which the student intends to enroll, in consultation with the student's parents, shall provide FAPE to the student, including services comparable to those identified in the former public agency's IEP, until the public agency:

(a)

Adopts the student's IEP from the former public agency; or

(b)

Develops, adopts, and implements a new IEP.

(2)

Transfer from Outside the State. When a student with a disability with an IEP in effect in accordance with §D of this regulation transfers to a public agency in Maryland from another state, as specified in 34 CFR §300.323(f), the public agency in which the student intends to enroll, in consultation with the student's parents, shall provide FAPE to the student, including services comparable to those identified in the former public agency's IEP, until the public agency:

(a)

Conducts an evaluation in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter; or

(b)

Develops a new IEP, if appropriate, consistent with 34 CFR §300.320 and Regulation .09 of this chapter.

(3)

To facilitate the transition of a student described in §E(1) or (2) of this regulation, the new public agency in which the student enrolls shall take reasonable steps to promptly obtain the student's records from the previous public agency in which the child was enrolled, pursuant to 34 CFR §99.31(a)(2), including:

(a)

The student's IEP;

(b)

Supporting documents; and

(c)

Any other records relating to the provision of special education or related services to the student.

Uniform IEP. Beginning July 1, 2008, each public agency shall use:

(1)

The Maryland Online IEP; or

(2)

An IEP product that conforms to the form and format of the Maryland Online IEP, in accordance with 34 CFR §§300.320—300.328 and Regulations .08—.10 of this chapter.

Learning Continuity Plan.

(1)

Consistent with §A(1)(i) of this regulation, each IEP shall include a learning continuity plan to ensure the provision of a free appropriate public education during emergency conditions.

(2)

The learning continuity plan shall:

(a)

Describe the methods through which the IEP services will be delivered during emergency conditions; and

(b)

Be reviewed and updated, as appropriate, at least annually.

(3)

The following sections of the IEP shall include planning for emergency conditions:

(a)

Instructional and Assessment Accommodations;

(b)

Supplementary Aids, Services, Program Modifications and Supports;

(c)

Secondary Transition Activities;

(d)

IEP Goals;

(e)

Services; and

(f)

Extended School Year Services.

(4)

Notification of Emergency Conditions.

(a)

Within 10 days of the local school system, public agency, or school determining that emergency conditions exist, a member of the IEP team shall make a documented reasonable attempt to notify the parent or guardian of a child that the plan for emergency conditions is in place.

(b)

In contacting the parent or guardian, a member of the IEP team shall ensure the developed plan is still appropriate and discuss how it will best operate during the emergency conditions.

(5)

Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under Education Article, §8-413, Annotated Code of Maryland.

Regulation .10 Least Restrictive Environment (LRE).Link Copy Citation

General. A public agency shall ensure that:

(1)

To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are not disabled; and

(2)

Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services, as described in Regulation .09A(1)(d) and (e) of this chapter, cannot be achieved satisfactorily.

Continuum of Alternative Placements. A public agency shall ensure that:

(1)

A continuum of alternative placements is available:

(a)

To the extent necessary to implement the IEP; and

(b)

To meet the needs of students with disabilities for special education and related services;

(2)

Alternative placements include the settings as listed in Regulation .03B(71) of this chapter; and

(3)

Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement.

Placements.

(1)

A public agency shall ensure that:

(a)

The educational placement decision of a student with a disability is:

(i)

Made by the IEP team;

(ii)

Made in conformity with the LRE provision of the Act and Regulation .10 of this chapter;

(iii)

Determined at least annually;

(iv)

Based on the student's IEP; and

(v)

As close as possible to the student's home;

(b)

Unless the IEP of a student requires some other arrangement, the student is educated in the school or typical early childhood setting that the student would attend if not disabled;

(c)

In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs;

(d)

A student with a disability is not removed from education in an age-appropriate regular classroom or typical early childhood setting solely because of needed modifications in the general curriculum; and

(e)

If the IEP team determines a student with a disability cannot be educated in the school or typical early childhood setting the student would attend if not disabled, the IEP shall document the specialized transportation needs of the student as defined in Regulation .03B(81) of this chapter, including consideration of the effect transportation may have on the student in relation to the:

(i)

Student's age and disability;

(ii)

Specialized equipment needs of the student;

(iii)

Personnel needed to assist the student during transportation;

(iv)

Amount of time involved in transporting the student; and

(v)

Distance the student will be transported.

(2)

If a public agency provides a preschool program for students without disabilities, the public agency shall ensure that the requirements of §B of this regulation are met.

(3)

If a public agency does not provide a preschool program for students without disabilities, the public agency:

(a)

Is not required to initiate a program as described in §C(2) of this regulation to satisfy the requirements of §B of this regulation; and

(b)

May meet the requirements of §B of this regulation through alternative methods including:

(i)

Providing opportunities for preschool students with disabilities to participate in preschool programs operated by other agencies;

(ii)

Placing preschool students with disabilities in private school programs for nondisabled preschool students or private school preschool programs that integrate students with disabilities and nondisabled students; and

(iii)

Locating classes for preschool students with disabilities in regular elementary schools.

(4)

Students in Adult Correctional Facilities. The student's placement, as determined by the IEP team, consistent with §A of this regulation and Regulation .09A of this chapter may be modified by the IEP team if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(5)

Placement in the Home.

(a)

If a student with a disability is unable to participate in the student's school of enrollment and is provided instruction at home because of a physical or an emotional condition, consistent with COMAR 13A.03.05.04A, the IEP team shall meet to review and revise the student's IEP.

(b)

The IEP team shall:

(i)

Determine the instructional services to be provided to the student in accordance with Regulations .08 and .09 of this chapter and COMAR 13A.03.05, as long as the medical restrictions apply; and

(ii)

Develop a plan for returning the student to a school-based program.

(c)

When the period of treatment or convalescence ends, the IEP team shall:

(i)

Review and revise the IEP, in accordance with Regulations .08 and .09 of this chapter; and

(ii)

Determine the appropriate placement in the LRE, in accordance with this section.

(d)

Educational placement in the home, for a student with an emotional condition, may not exceed 60 consecutive school days.

(e)

A student's home may not be used as an instructional setting for a student with a disability waiting for:

(i)

Placement in a nonpublic special school, in accordance with Regulation .16A of this chapter; or

(ii)

A change of placement, in accordance with Regulation .10 of this chapter.

(6)

Removal of Students for Disciplinary Actions.

(a)

The removal of a student with a disability from the student's current educational setting and the provision of educational services shall conform with the provisions of 34 CFR §§300.101 and 300.530 —300.536, Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.

(b)

The instructional setting for the provision of educational services to a student who has been removed from school in accordance with 34 CFR §300.121(d) and COMAR 13A.08.03 may not be a student's home.

Regulation .11 Procedural Safeguards — General Provisions.Link Copy Citation

Procedural Safeguards Notice.

(1)

The public agency responsible for the provision of FAPE to a student with a disability shall provide a copy of the procedural safeguards to the parents of a student with a disability once a year.

(2)

A copy of the procedural safeguards shall also be given to the student's parents on:

(a)

Initial referral as described in Regulation .04 of this chapter;

(b)

Parental request for evaluation as described in Regulation .06 of this chapter;

(c)

Department receipt of an individual's first State complaint, as described in Regulation .15A of this chapter, in the school year, as described in 34 CFR §§300.151 — 300.153;

(d)

The parent's first due process complaint in a school year, as described in Regulation .15C of this chapter; and

(e)

Parental request.

(3)

The contents of the procedural safeguards notice shall include a full explanation of all of the procedural safeguards as described in 34 CFR §300.504.

(4)

A public agency may place a current copy of the procedural safeguards notice on its Internet website.

(5)

A parent of a student with a disability may elect to receive written notice as described in §A(1) of this regulation by an electronic mail communication, if the public agency makes that option available.

Extended School Year Services. A public agency shall ensure that parents of students with disabilities are notified at least annually of the availability of extended school year services as described in Regulation .08B(2) of this chapter.

Graduation Requirements. A public agency shall inform the parent of a student with disabilities of State graduation requirements, as specified in COMAR 13A.03.02, and the student's progress toward meeting the requirements.

Low Cost Legal and Other Relevant Services. On request, parents shall be informed of any free or low cost legal and other relevant services available in the area.

Opportunity to Examine Records. In accordance with the confidentiality procedures of 34 CFR 99, 34 CFR §§300.610—300.626, and COMAR 13A.08.02, the parent of a student with a disability shall be given the opportunity to inspect and review all of the student's records relating to the identification, evaluation, and educational placement, and the provision of FAPE.

Confidentiality of Information. A public agency shall ensure the confidentiality of personally identifiable information in accordance with 34 CFR 99, 34 CFR §§300.610—300.626, and COMAR 13A.08.02.

Parent Surrogates. In accordance with Education Article, §8-412, Annotated Code of Maryland, a public agency shall ensure that the rights of a student with a suspected or identified disability are protected by the appointment of a parent surrogate when:

(1)

A parent cannot be identified;

(2)

The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or

(3)

The student is a ward of the State.

Regulation .12 Procedural Safeguards — Prior Written Notice.Link Copy Citation

General.

(1)

Consistent with 34 CFR §300.503, a public agency shall provide written notice to the parent of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student.

(2)

Prior Written Notice Content. The notice shall include:

(1)

A description of the action proposed or refused;

(2)

An explanation of why the public agency proposes or refuses to take the action;

(3)

A description of the options the public agency considered and the reason the options were rejected;

(4)

A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal;

(5)

A description of any other factors relevant to the proposed or refused action;

(6)

A statement that the parent has protections under the procedural safeguards of the Act and the manner in which the parent may obtain a copy of the procedural safeguards;

(7)

A list of sources a parent may contact to obtain assistance in understanding the provisions of 20 U.S.C. §1415 and Regulations .11—.15 and .16B(3) of this chapter; and

(8)

If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.

Native Language.

(1)

The notice shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so.

(2)

If the native language used by the parent is not a written language, the public agency shall ensure that the notice is translated orally or by other means to the parent, and the parent understands the content of the notice.

(3)

A public agency shall maintain written documentation that the requirements of §C(1) and (2) of this regulation have been met.

Regulation .13 Procedural Safeguards — Consent.Link Copy Citation

Consent for Assessment Procedures.

(1)

A public agency shall obtain written parental consent in accordance with 34 CFR §300.300 before conducting assessment procedures as described in Regulations .05B and .06D of this chapter.

(2)

If a parent refuses consent for initial assessment procedures, or assessment procedures as part of a reevaluation, a public agency may pursue assessment through mediation or due process as described in 34 CFR §§300.506—300.518, and Regulation .15B and C of this chapter.

(3)

A public agency is not required to obtain parental consent:

(a)

Before reviewing existing data;

(b)

Before administering a test or other procedure that is administered to all students unless, before administration of that test or procedure, consent is required of the parents of all students; or

(c)

For assessment procedures as part of a reevaluation, if the public agency can demonstrate that reasonable measures have been taken to obtain consent, and the parent has failed to respond.

(4)

To satisfy the requirement of §A(3) of this regulation, a public agency shall maintain a record of its attempts to obtain parental consent consistent with the procedures in Regulation .07C(7)(b) of this chapter.

(5)

If a student is a ward of the State, a public agency shall make reasonable efforts to obtain informed parental consent from the student's parent as defined in Regulation .03B(52) of this chapter for initial assessments in accordance with 34 CFR §300.300 and Education Article, §8-412, Annotated Code of Maryland.

Consent for Special Education Services.

(1)

A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability.

(2)

A public agency may not provide special education and related services consistent with 34 CFR §300.300 if a student's parent:

(a)

Refuses to provide the public agency consent for the initiation of special education and related services; or

(b)

Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services.

(3)

If a parent refuses to provide consent for the initiation of special education and related services, the public agency may not provide special education and related services to the student by using procedures described in Regulation .15B and C of this chapter and consistent with 34 CFR §300.300.

(4)

Consistent with 34 CFR §300.300, if a parent of a student with a disability refuses to provide the initial consent as described in §B(2) of this regulation, or revokes consent as described in §B(5) of this regulation, the public agency is not:

(a)

Considered to be in violation of the requirement to make FAPE available to the student for failing to provide the student with the special education and related services for which the public agency sought parental consent in accordance with §B(1) of this regulation or further special education and related services in accordance with §B(5) of this regulation and consistent with 34 CFR §300.300; and

(b)

Required to convene an IEP team meeting or develop an IEP for the student for the special education and related services for which the public agency sought initial consent consistent with 34 CFR §300.300.

(5)

If, at any time subsequent to the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the public agency:

(a)

Shall provide the parent prior written notice in accordance with 34 CFR §300.503 and Regulation .12 of this chapter before ceasing the provision of special education and related services;

(b)

May not continue to provide special education and related services to the student;

(c)

May not use the procedures described in Regulation .15B and C of this chapter to obtain agreement or a ruling that the services may be provided to the child; and

(d)

Is not required to amend the student's education records to remove any references to the student's receipt of special education and related services, in accordance with 34 CFR §300.9(c)(3).

(6)

After the initiation of special education and related services, parental consent is not required to implement the student's IEP.

(7)

Consent for initial evaluation may not be construed as consent for initial placement.

(8)

A public agency shall obtain parental consent or the consent of the student who has reached the age of majority in accordance with Education Article §8-412.1, Annotated Code of Maryland, before inviting a participating agency to attend a student's IEP team meeting to consider services described in Regulation .09A(3) of this chapter, consistent with 34 CFR §300.321(b)(3).

(9)

A public agency shall annually obtain parental consent to access medical assistance for service coordination and health-related services, in accordance with 34 CFR §300.154(d)(2)(iv).

(10)

A public agency may not use a parent's refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of the public agency, except as required by this chapter.

Regulation .14 Procedural Safeguards — Independent Educational Evaluation.Link Copy Citation

General.

(1)

A parent of a student with a disability may obtain an independent educational evaluation.

(2)

On request, a public agency shall provide the parent with information about where an independent educational evaluation may be obtained and the public agency's criteria applicable for independent educational evaluations consistent with 34 CFR §300.502.

Parental Right to Independent Educational Evaluation at Public Expense.

(1)

If a parent disagrees with the evaluation obtained by the public agency, the parent may request an independent educational evaluation at public expense.

(2)

When a parent requests an independent educational evaluation at public expense, the public agency shall provide a written response approving or denying the request within 30 days of the date the request was made, and:

(a)

If the public agency approves the request, advise the parent of the process for arranging the evaluation at public expense; or

(b)

If the public agency denies the request, file a due process complaint in accordance with Regulation .15C of this chapter within 30 days of the date of the denial.

(3)

Decision of the Impartial Hearing Officer.

(a)

If an impartial hearing officer determines that the evaluation obtained by the public agency is appropriate, the parent may not obtain an independent educational evaluation of the student at public expense.

(b)

If an impartial hearing officer determines that the evaluation obtained by the public agency is not appropriate, the public agency shall provide an independent evaluation of the student at public expense.

(c)

If an impartial hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the independent educational evaluation shall be at public expense.

(4)

When an independent educational evaluation is provided at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria used by the public agency when it initiates an assessment, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

(5)

The results of an independent educational evaluation obtained at public or private expense:

(a)

Shall be considered by an IEP team in making any decision regarding the provision of FAPE for the student; and

(b)

May be presented as evidence at a due process hearing initiated under Regulation .15C of this chapter.

(6)

Except for the criteria described in §B(4) of this regulation, a public agency may not impose conditions or time lines related to obtaining an independent educational evaluation at public expense.

(7)

A parent is entitled to not more than one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees in accordance with 34 CFR §300.502(b)(5).

Regulation .15 Procedural Safeguards — State Complaints, Mediation, and Due Process.Link Copy Citation

State Complaints.

(1)

An organization or individual may file a signed written complaint with the Department regarding an alleged violation of Part B of the Act, 34 CFR 300, State law, or this chapter regarding the education of students with disabilities by a public agency.

(2)

A public agency shall provide parents and other interested parties with information regarding the procedures for filing a complaint.

(3)

The content of a signed written complaint shall meet the requirements specified in 34 CFR §300.153.

(4)

The complaint shall allege a violation that occurred not more than 1 year prior to the date that the complaint is received by the Department, in accordance with 34 CFR §300.151.

(5)

Either party to the complaint shall be given the opportunity to submit additional information and documentation about the allegations in the complaint, which will be considered in making the final decision.

(6)

Following the receipt of the complaint, the Department shall conduct an investigation, consistent with guidelines and procedures established by the Department, of any complaint that meets the requirements of §A(3) of this regulation. The Department shall issue a written decision to the complainant that addresses each allegation and contains:

(a)

Findings of facts and conclusions;

(b)

The reasons for the final decision; and

(c)

Procedures for effective implementation of the final decision including, as appropriate:

(i)

Technical assistance,

(ii)

Negotiations, and

(iii)

Corrective actions required to achieve compliance.

(7)

The Department shall issue the written decision described in §A(6) of this regulation within 60 days unless:

(a)

Exceptional circumstances exist with respect to the State complaint that requires an extension of the time limit; or

(b)

The complainant and the public agency agree to extend the time line in order to engage in mediation or other alternative means of dispute resolution in accordance with 34 CFR §300.152.

(8)

The Department shall set aside any part of a State complaint that is being addressed in a due process hearing until the conclusion of the hearing when the Department receives a State complaint that:

(a)

Is also the subject of a due process hearing; or

(b)

Contains multiple issues of which one or more are part of a due process hearing.

(9)

The Department shall resolve any issue in a State complaint that is not part of a due process hearing within the time line described in §A(7) of this regulation using the procedures described in §A(6) of this regulation.

(10)

The Department shall inform the complainant that a due process hearing decision is binding when a complainant raises an issue in a State complaint that was the subject of a previous due process hearing decision involving the same parties.

Mediation.

(1)

A parent of a student or the public agency may request mediation when there is a dispute about any matter related to the identification, evaluation, or educational placement, or the provision of FAPE to a student.

(2)

Mediation is voluntary on the part of the parties.

(3)

Mediation may not be used:

(a)

To deny or delay a parent's right to a hearing on the parent's due process complaint in accordance with 34 CFR §300.506(b) and Education Article, §8-413, Annotated Code of Maryland; or

(b)

To deny any other rights afforded parents under this chapter in accordance with 34 CFR §300.506.

(4)

A party to the mediation has the right to be accompanied or advised by counsel.

(5)

A party's request for mediation shall be made in writing to the other party and the Office of Administrative Hearings.

(6)

Reasonable efforts shall be made to schedule a mediation session within 20 calendar days of the receipt of a written request and shall be held in a location that is convenient to the parties of the dispute.

(7)

Mediation sessions are closed proceedings.

(8)

An agreement reached by the parties to the dispute in the mediation shall be set forth in a written mediation agreement, in accordance with 34 CFR §300.506.

Due Process Complaint.

(1)

A parent or a public agency may file a due process complaint on any matter related to the identification, evaluation, or educational placement, or the provision of FAPE to a student with a disability, in accordance with 34 CFR §300.507 and Education Article, §8-413, Annotated Code of Maryland.

(2)

A party's due process complaint shall be made in writing to the other party and the Office of Administrative Hearings.

(3)

The content of a due process complaint, as described in §C(2) of this regulation, shall be consistent with 34 CFR §300.508.

(4)

A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements specified in 34 CFR §300.508(b).

(5)

When a party files a due process complaint, the public agency responsible for the student's education shall:

(a)

Inform the parent of free or low cost legal and other relevant services available;

(b)

Provide the parent with a copy of the procedural safeguards, in accordance with Regulation .11A(2)(e) of this chapter; and

(c)

Inform the parent of the availability of mediation as described in §B of this regulation.

(6)

The due process complaint described in §C(3) of this regulation shall be considered sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the content of the due process complaint does not meet the requirements specified in 34 CFR §300.508.

(7)

In accordance with 34 CFR §300.508, a party may only amend its due process complaint if the:

(a)

Other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to 34 CFR §300.510; or

(b)

Hearing officer grants permission at any time not later than 5 days before the due process hearing begins.

(8)

If a party files an amended due process complaint, the time line for the resolution meeting and the time period to resolve the complaint described in 34 CFR §300.510 begins again with the filing of the amended due process complaint.

(9)

When a parent files a due process complaint, the public agency shall respond in a manner consistent with 34 CFR 300.508(e).

(10)

The time line for filing a due process complaint described in 34 CFR §300.508 does not apply if the parent was prevented from filing a due process complaint because the public agency:

(a)

Made specific misrepresentations that the problem forming the basis of the due process complaint was resolved; or

(b)

Withheld information from the parent that the public agency is required to provide the parent under this chapter.

(11)

Resolution Session.

(a)

The public agency shall convene a meeting with the parent and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process complaint before being provided the opportunity for an impartial due process hearing.

(b)

The resolution session shall be held in accordance with 34 CFR §300.510.

(c)

The parent may seek the intervention of the hearing officer to begin the due process hearing time line if the public agency fails to:

(i)

Hold a resolution session within 15 days of receiving the due process complaint; or

(ii)

Participate in the resolution session.

(d)

In accordance with 34 CFR §300.510(a)(3), a resolution session need not be held if:

(i)

The parent and the public agency agree in writing to waive the meeting;

(ii)

The parent and the public agency agree to try mediation; or

(iii)

The public agency initiated the due process complaint.

(e)

A due process hearing may occur if the issues in the due process complaint are not resolved to the satisfaction of either party within 30 calendar days of the receipt of the due process complaint.

(f)

A due process hearing may not occur unless the parties:

(i)

Attend a resolution session to resolve the issues in the due process complaint;

(ii)

Agree, in writing, to waive the resolution session;

(iii)

Attend mediation to resolve the issues in the due process complaint; or

(iv)

Participate in some other means to resolve the issues in the due process complaint.

(g)

If the parties reach a resolution, the parties shall execute a legally binding agreement in accordance with 34 CFR §300.510.

(h)

A party may void the agreement described in §C(13)(f) of this regulation within the time line specified in 34 CFR §300.510(e).

(i)

If a party requests mediation pursuant to §B of this regulation and a due process complaint is filed pursuant to §C of this regulation within the same written request as described in §C(2) of this regulation, the issue shall proceed directly to mediation if the noncomplaining party agrees to mediate.

(12)

The Office of Administrative Hearings shall appoint a qualified impartial hearing officer to conduct a due process hearing in accordance with the Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01.

(13)

An impartial hearing officer shall conduct a due process hearing and provide a written decision to each of the parties in accordance with 34 CFR §300.515 and Education Article, §§8-407 and 8-413, Annotated Code of Maryland.

(14)

The 45 day time line for a due process hearing decision begins after one of the following events occurs:

(a)

Both parties agree in writing to waive the resolution meeting described in §C(12) of this regulation;

(b)

Both parties agree in writing that no agreement is possible after either the mediation or resolution meeting starts but before the end of the 30 day resolution period; or

(c)

Both parties agree in writing to continue to try to resolve the disagreement at the end of the 30 day resolution period, but later, the parent or the public agency withdraws from the mediation process.

(15)

An expedited due process hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing if:

(a)

At the time of the hearing request, the student is not enrolled and attending an approved educational program; or

(b)

The due process hearing request concerns the placement or manifestation determination of a student due to a violation of the rules of conduct.

(16)

If, at the time of the hearing request, the student has been removed from the student's current education program for disciplinary reasons, the due process hearing shall be expedited.

(17)

A party to a due process hearing conducted pursuant to §C of this regulation has the rights specified in 34 CFR §300.512 and Education Article, §8-413, Annotated Code of Maryland.

(18)

Any party to a due process hearing, conducted in accordance with 34 CFR §§300.507—300.513 or §§300.530—300.536, has the right to:

(a)

Represent themselves;

(b)

Be represented by an attorney, in accordance with State Government Article, §9-1607.1, Annotated Code of Maryland; and

(c)

Be accompanied and advised by persons with special knowledge or training with respect to the problems of children with disabilities.

(19)

Student's Status During Proceedings. Unless the parent and the public agency agree on an alternative placement, the student shall remain in the present educational placement during the pendency of an administrative or judicial proceeding in accordance with 20 U.S.C. §1415(j) and 34 CFR §300.518.

(20)

A party aggrieved by the findings and decision of a due process hearing may bring a civil action in State or federal court in accordance with 20 U.S.C. §1415(i)(2), 34 CFR §300.516 and Education Article, §8-413, Annotated Code of Maryland.

(21)

A public agency shall comply with the decision of the impartial hearing officer within the time line specified unless either party obtains a court order granting a stay of the decision.

(22)

Attorneys' Fees. In an action or proceeding under this section, courts may award reasonable attorneys' fees to the prevailing party under the circumstances described in 20 U.S.C. §1415(i)(3) and 34 CFR §300.517.

(23)

After deleting personally identifiable information from hearing decisions, the Department shall:

(a)

Transmit the findings and decisions to the State Advisory Committee as described in COMAR 13A.05.02.05; and

(b)

Make the findings and decisions available to the public, at a reasonable cost.

(24)

The Department shall forward the records of the administrative proceedings to the court, on request, when an aggrieved party brings a civil action as described in §C(20) of this regulation.

Regulation .16 Students in Nonpublic Schools.Link Copy Citation

Local School System Placement of a Student with a Disability in a Nonpublic School.

(1)

If a student's IEP cannot be implemented in a public school program, the local school system shall take steps in accordance with Education Article, §§4-122, 8-401, and 8-409, Annotated Code of Maryland, to ensure that the student is provided FAPE.

(2)

Before the local school system proposes a placement of a student with a disability in a nonpublic school, the local school system shall ensure that an IEP has been developed for the student in accordance with Regulations .08 and .09 of this chapter.

(3)

A local school system shall initiate and conduct meetings to review the student's IEP in accordance with Regulations .07—.10 of this chapter.

(4)

A nonpublic school shall contact the local school system to request IEP team meetings to review the student's IEP, as appropriate.

(5)

Responsibility for compliance with this chapter remains with the local school system and the Department.

Parental Enrollment of a Student with a Disability in a Nonpublic School.

(1)

Each local school system shall locate, identify, and evaluate all students with disabilities who are enrolled by their parents in nonpublic schools, including religious elementary and secondary schools located within the jurisdiction of the local school system, in accordance with 34 CFR §§300.130—300.144 and COMAR 13A.05.02.13A.

(2)

Each local school system shall ensure annual timely and meaningful consultation with nonpublic school representatives and parent representatives of parentally placed nonpublic school students with disabilities.

(3)

The consultation described in §B(2) of this regulation shall include a review and discussion of the:

(a)

Child find process;

(b)

Proportionate amount of federal funds available for services;

(c)

Consultation process;

(d)

Provision of services to parentally placed nonpublic school students with disabilities; and

(e)

Written explanation of the local school system decision.

(4)

Students with disabilities enrolled by their parents in a nonpublic school do not have an individual right to receive some or all of the special education and related services the student would receive if enrolled in a public school in accordance with 34 CFR §300.137.

(5)

Each local school system shall initiate and conduct meetings to develop, review, and revise the service plan for parentally placed nonpublic school students with disabilities designated to receive services, in accordance with 34 CFR §300.137 and Regulations .08 and .09 of this chapter.

(6)

A local school system shall make special education and related services available to the student in accordance with 20 U.S.C. §1412(a)(10)(A) and 34 CFR §§300.130—300.144.

Unilateral Placement in a Nonpublic School by a Parent when FAPE is at Issue.

(1)

If a local school system has made FAPE available to a student with a disability and the parent chooses to place the student in a nonpublic school, the local school system is not required to pay for the student's education at the nonpublic school, in accordance with 34 CFR §300.148 and Education Article, §8-413(i), Annotated Code of Maryland.

(2)

Before removing a student from a local school system, a parent shall notify the local school system of the parent's:

(a)

Decision to reject the local school system's proposed placement;

(b)

Concerns leading to the decision to remove the student from the local school system; and

(c)

Intentions to enroll the student in a nonpublic school at public expense.

(3)

The parent shall provide notice as described in §B(3)(b) of this regulation by:

(a)

Informing the IEP team at the most recent meeting the parent attended before the removal of the student; or

(b)

Providing the local school system with written notice at least 10 business days, including holidays that occur on business days, before the removal of the student.

(4)

If the parent decides to enroll the student in a nonpublic school without the consent or referral of the local school system, an impartial hearing officer or a court may require the local school system to reimburse the parent for the reasonable costs of the placement if the local school system had not made FAPE available to the student in a timely manner before the parent enrolled the student in the nonpublic school, consistent with 34 CFR §300.148(c).

(5)

Reimbursement may be reduced or denied by the impartial hearing officer or court if the:

(a)

Parent failed to notify the local school system of the decision as described in §B(3)(b) of this regulation;

(b)

Parent's actions were unreasonable; or

(c)

Parent failed to make the student available for assessment, before the student's removal, after the local school system provided the parent with written notice of its intention to assess the student in accordance with Regulations .05 and .06 of this chapter.

(6)

An impartial hearing officer or court may not reduce or deny reimbursement if:

(a)

The public agency prevented the parent from providing notice as described in §C(2) and (3) of this regulation;

(b)

The parent was not provided with a copy of the procedural safeguards notice as described in Regulation .11A of this chapter, including the requirements of this subsection; or

(c)

Providing notice would likely result in physical harm to the student.

(7)

An impartial hearing officer or court may not reduce or deny reimbursement for failure to provide notice, as described in §C(2) and (3) of this regulation if:

(a)

The parent is illiterate or cannot write in English; or

(b)

Providing notice would likely result in serious emotional harm to the student.

(8)

Disagreements between a parent and a local school system regarding the availability of FAPE and the question of financial responsibility are subject to the provisions of Regulation .15C of this chapter.

(9)

A unilateral placement in a nonpublic school by a parent may be found to be appropriate by an impartial hearing officer or court even if the placement does not meet State standards that apply to education provided by a public agency or the Department.

Chapter 02. Administration of Services for Students with Disabilities

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to implement administrative procedures related to Part B of the Individuals with Disabilities Education Act (IDEA), 34 CFR 300, and Education Article, Title 8, Subtitles 3 and 4, Annotated Code of Maryland, which assure a free appropriate public education (FAPE) for students with disabilities, birth through the end of the school year in which the student turns 21 years old, in accordance with the student's individualized education program (IEP).

Regulation .02 Scope.Link Copy Citation

This chapter applies to public agencies that provide educational services to students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, in accordance with the student's Individualized Education Program (IEP), including the Department, local school systems, the SEED School, Maryland Department of Health, Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.

Early intervention services to eligible infants and toddlers, birth through 2 years old, and their families are provided in accordance with Part C of IDEA, 34 CFR 303, and COMAR 13A.13.01.

Regulation .03 Definitions.Link Copy Citation

In this chapter, the definitions in COMAR 13A.05.01 apply, and the following terms have the meanings indicated.

Terms Defined.

(1)

“Local care team (LCT)” means the interagency committee established in each jurisdiction in accordance with Human Services Article §8-405, Annotated Code of Maryland, to:

(a)

Identify interagency resources to assist students with special needs;

(b)

Facilitate the provision of interagency services to students with disabilities; and

(c)

Review requests for State funding of residential placements of students with disabilities in accordance with COMAR 14.31.01.

(2)

“Local management board” means the entity established or designated in accordance with Human Services Article, §8-301, Annotated Code of Maryland, to ensure the implementation of a local interagency service delivery system for children, youth, and families in each local jurisdiction.

(3)

“Service provider” means an individual who provides special education or related services to students with disabilities, including:

(a)

A general educator;

(b)

A special educator;

(c)

A related service provider; or

(d)

Another individual, determined appropriate.

(4)

“State Coordinating Council (SCC)” means the interagency committee established in Human Services Article, §8-401, Annotated Code of Maryland.

(5)

“Technology-based instructional products” means instructional software, on-line resources, and computer-based equipment.

Regulation .04 State Administration.Link Copy Citation

Assurance.

(1)

The Department shall ensure that all students, birth through the end of the school year in which the student turns 21 years old residing in the State, who have disabilities, regardless of the severity of the disability, and who are in need of special education and related services, are located, identified, evaluated, and provided with services consistent with:

(a)

The student's IEP;

(b)

20 U.S.C. §§1400—1419;

(c)

34 CFR 300;

(d)

Education Article, §§8-401—8-415, Annotated Code of Maryland; and

(e)

COMAR 13A.05.01.

(2)

Students under §A(1) of this regulation include:

(a)

Students with disabilities attending private schools;

(b)

Highly mobile students;

(c)

Migrant students;

(d)

Homeless students, as defined in COMAR 13A.05.09;

(e)

Wards of the State, as defined in COMAR 13A.05.01; and

(f)

Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade in accordance with 34 CFR §300.101.

Oversight Responsibility. The Department shall have in effect policies and procedures to ensure that a FAPE is available to all students with disabilities residing in the State in accordance with §A of this regulation.

State Implementation. To receive funds under Part B of the Act, the Department shall submit information that includes the requirements of 20 U.S.C. §1411 to the United States Department of Education at the time and in the manner specified by the Secretary of the U. S. Department of Education.

State Performance Plan.

(1)

The Department shall have a performance plan that:

(a)

Evaluates the State's efforts to implement the requirements and purposes of the Act in accordance with 20 U.S.C. §1416(b) and 34 CFR §300.601; and

(b)

Describes how the Department shall improve implementation.

(2)

The Department shall establish measurable rigorous targets for the indicators established in accordance with 20 U.S.C. §1416(a)(3).

(3)

The Department shall collect information to report annually to the Secretary of the U. S. Department of Education in accordance with 20 U.S.C. §1416(b)(2)(B), 34 CFR §300.602, and Regulation .11 of this chapter.

(4)

The Department shall use the targets described in §D(2) of this regulation to analyze and report annually on the performance of each public agency in the State in accordance with 20 U.S.C. §1416(b)(2)(C) and 34 CFR §300.602.

(5)

If the Department receives notice that the Secretary of the U.S. Department of Education is proposing to take or is taking an enforcement action pursuant to 34 CFR §300.604, the Department shall notify the public in the manner described in 34 CFR §300.606.

Access to Instructional Materials. The Department shall adopt the National Instructional Materials Standards (NIMAS) and coordinate with the National Instructional Materials Access Center (NIMAC) to provide instructional materials in specialized formats to blind students and students with print disabilities in accordance with 34 CFR §300.172 and Education Article, §8-408, Annotated Code of Maryland.

Significant Disproportionality.

(1)

The Department shall collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in each public agency in the State in accordance with 34 CFR §300.646.

(2)

In making determinations of significant disproportionality, the Department shall use:

(a)

A risk ratio threshold of 2.0;

(b)

A minimum cell size of 5; and

(c)

A minimum n-size of 20.

(3)

The Department shall determine that significant disproportionality is occurring in a public agency that has:

(a)

Exceeded the risk ratio threshold for 2 consecutive years; and

(b)

Failed to demonstrate reasonable progress under §F(4) of this regulation.

(4)

Demonstrating reasonable progress means that a public agency has:

(a)

Decreased its risk ratio by 0.15 and the current risk ratio is 2.0 to 4.0; or

(b)

Decreased its risk ratio by 0.50 and the current risk ratio is above 4.0.

Regulation .05 State Advisory Committee.Link Copy Citation

The State Superintendent of Schools shall appoint a State Advisory Committee for Special Education.

Membership shall represent the population and geographic diversity of the State.

The term of appointment for each member shall be 3 years. Members may be reappointed for one term.

The State Advisory Committee shall include:

(1)

Parents of students, ages birth through 26 years old, with disabilities;

(2)

Individuals with disabilities;

(3)

Special education and general education teachers;

(4)

Representatives from institutions of higher education that prepare special education and related services personnel;

(5)

State and local school system officials, including general education administrators and officials responsible for the implementation of COMAR 13A.05.09;

(6)

Administrators of programs for students with disabilities;

(7)

Representatives from other State agencies involved in financing or delivering related services to students with disabilities;

(8)

Representatives from nonpublic schools and public charter schools;

(9)

Not less than one representative of a vocational, community, or business organization concerned with the provision of transition services to students with disabilities;

(10)

Representatives from the State juvenile and adult corrections agencies;

(11)

A representative of the Maryland Department of Human Services (DHS); and

(12)

A representative of the State Parent Training and Information Center.

A majority of the members shall be individuals with disabilities or parents of students, ages birth through 26 years old, with disabilities.

The State Advisory Committee shall:

(1)

Advise the Department of unmet needs within the State in the education of students with disabilities;

(2)

Comment publicly on any regulations proposed by the Department regarding the education of students with disabilities;

(3)

Advise the Department in developing evaluations and reporting data to the Secretary of the U. S. Department of Education under 20 U.S.C. §1418;

(4)

Advise the Department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the Act; and

(5)

Advise the Department in developing and implementing policies relating to the coordination of services for students with disabilities.

Meetings.

(1)

The State Advisory Committee shall meet at least four times per year, or as often as necessary, to conduct its business.

(2)

Official minutes shall be kept on State Advisory Committee meetings and shall be made available to the public on request.

(3)

State Advisory Committee meetings, including agendas, shall be publicly announced before the meetings and the meetings shall be open to the public consistent with 20 U.S.C. §1412(a)(21).

(4)

Interpreters and other necessary services shall be provided for Advisory Committee members or participants.

(5)

State Advisory Committee members shall serve without compensation, but the State shall reimburse the members for reasonable and necessary expenses for attending meetings and performing duties.

Annual Report.

(1)

Not later than July 1 of each year, the State Advisory Committee shall submit an annual report of Committee activities and suggestions to the Department.

(2)

The report shall be made available to the public in a manner consistent with other public reporting requirements under the Act.

The State may use Part B funds allocated under 20 U.S.C. §1411 for the services in §F(4) and (5) of this regulation.

Regulation .06 Department Procedural Safeguards.Link Copy Citation

The Department shall establish and maintain procedures to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provisions of FAPE consistent with 34 CFR §§300.500—300.537 and Education Article, §§8-407 and 8-412—8-413, Annotated Code of Maryland.

Mediation.

(1)

The Department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services.

(2)

The Department shall bear the cost of the mediation process.

Impartial Due Process Hearing. The Office of Administrative Hearings shall ensure the appointment of an individual to serve as the impartial hearing officer to conduct a due process hearing in accordance with 20 U.S.C. §1415(f), 34 CFR §300.511, State Government Article, Title 10, Subtitle 2, and Education Article, §8-413, Annotated Code of Maryland, COMAR 13A.05.01.15C, and COMAR 28.02.01.

Regulation .07 Compliance Review Activities.Link Copy Citation

The Department is responsible for the development and implementation of policies and procedures for compliance review of public agencies to ensure implementation of the requirements of 20 U.S.C. 1400—1419, Education Article, §§8-401—8-415, Annotated Code of Maryland, COMAR 13A.05.01, and Regulation .13 of this chapter.

If the Department identifies a violation of federal or State law or regulation by a public agency, the Department shall require the public agency to submit documentation verifying the implementation of a corrective action.

The Department shall develop policies and procedures to address the provision of technical assistance, monitoring, and enforcement of corrective actions implemented by a public agency as a result of a violation under §B of this regulation and consistent with 20 U.S.C. §1416(a)(1)(C) and 34 CFR §300.600.

If a public agency has not implemented the corrective actions in the time and manner specified by the Department, the Department shall:

(1)

Advise the public agency in writing that the corrective actions shall be implemented within a specified time frame to avoid further enforcement action; and

(2)

Offer additional technical assistance to the public agency to assist in the implementation of the corrective actions.

If, after the implementation of §D of this regulation, a public agency has not implemented the corrective actions or made good faith efforts to correct substantial violations, the Department may initiate sanctions, including, but not limited to the following:

(1)

Redirect or target the use of funds allocated under IDEA Part B Discretionary funds;

(2)

Reduce or eliminate the use of funds allocated under IDEA Part B Discretionary funds;

(3)

Redirect or target the use of funds allocated under IDEA Part B Passthrough funds;

(4)

Withhold or reduce Part B Passthrough funds pending completion of the corrective actions;

(5)

Withhold or reduce State funds for special education services pending the completion of corrective actions;

(6)

Assign Department staff on-site to assist in the completion of the corrective actions; and

(7)

Assign a monitor to oversee the public agency's special education programs, with the responsibility for the costs of monitoring to be determined by the Department.

Prior to reducing or withholding funds, all requirements regarding proper notice by the Department to the public agency shall be met, consistent with 20 U.S.C. §1413(c) and (d).

Regulation .08 Funding.Link Copy Citation

The Department may use available State, federal, and private sources of support, including public or private third-party reimbursements which do not result in cost to parents of students with disabilities, to meet the requirements of 20 U.S.C. §§1400—1419.

Regulation .09 Interagency Collaboration.Link Copy Citation

The Department shall establish, implement, and maintain interagency planning and program implementation agreements for students with disabilities, consistent with federal and State law.

Regulation .10 State Complaint Procedures.Link Copy Citation

The Department shall develop and implement State complaint investigation procedures consistent with COMAR 13A.05.01.15A.

The complaint investigation procedures and guidelines shall be disseminated on request.

Regulation .11 Reports.Link Copy Citation

The Department shall submit reports at the time and in the manner specified by the Secretary of the U.S. Department of Education.

Regulation .12 Nonpublic School Approval.Link Copy Citation

An in-State nonpublic school offering special education and related services may have the program approved if the nonpublic school:

(1)

Has a certificate of approval from the Department for the school's special education program;

(2)

Meets the requirements of COMAR 13A.09.10.18A—C;

(3)

Meets the requirements of COMAR 13A.09.10.14A—B;

(4)

Employs teachers who meet the highest standard of the Department and the requirements of 34 CFR §300.18; and

(5)

Has written policies and procedures regarding the:

(a)

School's participation in the development, review, or revision of a student's IEP with the local school system that referred the student,

(b)

Notification of a local school system when a student's IEP needs to be reviewed or revised,

(c)

Notification of a local school system before dismissing a student with a disability, and

(d)

Maintenance of a student's placement during mediation or due process hearings in accordance with COMAR 13A.05.01.15B and C, unless the local school system and parent agree to an alternative placement.

An out-of-State nonpublic school that offers special education and related services may have its program approved if there is a demonstrated need for the services of the nonpublic school, and the nonpublic school program:

(1)

Is approved by the state education agency of the state where the school is located;

(2)

Is determined by the Department to substantially meet the requirements of COMAR 13A.09.10;

(3)

Meets the requirements of COMAR 13A.09.10.09B and C, or equivalent standards as established by the state education agency of the state where the nonpublic school is located; and

(4)

Has written policies and procedures consistent with §A(4) of this regulation.

Regulation .13 Local Public Agency Administration.Link Copy Citation

Assurance.

(1)

A local school system shall ensure that all students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, residing within the jurisdiction of the local school system are located, identified, evaluated, and provided services consistent with 20 U.S.C. §§1400—1419, 34 CFR 300 and 301, Education Article, §§8-401—8-415, Annotated Code of Maryland, and COMAR 13A.05.01.

(2)

Students under §A(1) of this regulation include:

(a)

Students with disabilities attending private schools within the jurisdiction of the local school system;

(b)

Highly mobile students;

(c)

Migrant students;

(d)

Homeless students, as defined in COMAR 13A.05.09;

(e)

Wards of the State, as defined in 34 CFR §300.45 and Education Article §8-412, Annotated Code of Maryland; and

(f)

Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade, in accordance with 34 CFR §300.101.

Interagency Collaboration. A local school system shall establish and maintain interagency planning and program implementation agreements for students with disabilities in the manner specified by the Department or Article 49D, Annotated Code of Maryland.

Local Application for Federal Funds.

(1)

A public agency shall submit a local application for Part B funds annually, in the manner specified by the Department, consistent with 20 U.S.C. §1413(a), including:

(a)

Grant budgets;

(b)

Policies and procedures for the implementation of FAPE for students with disabilities, consistent with federal and State laws and regulations; and

(c)

A staffing plan consistent with §D of this regulation.

(2)

The Department shall review the local application, as described in §C(1) of this regulation, and issue a written decision to the public agency.

(3)

The Department shall prohibit a public agency from reducing maintenance of effort for any fiscal year, consistent with 20 U.S.C. §1413(a)(2), 34 CFR §300.203, and COMAR 13A.02.05, and in accordance with 20 U.S.C. §1416(f), if the Department determines a public agency is not meeting the:

(a)

Requirements of the Act; and

(b)

Targets in the State performance plan.

(4)

Early Intervening Services. A local school system may use not more than 15 percent of the federal funds received under the Act to develop and implement coordinated early intervening services in accordance with 20 U.S.C. §1413(f) and 34 CFR §300.226.

(5)

Disproportionality. A local school system shall reserve 15 percent of the federal funds in accordance with 20 U.S.C. §1418(d)(2)(B) and 34 CFR §300.646 to provide comprehensive, coordinated early intervening services consistent with 20 U.S.C. §1413(f) and 34 CFR §300.226 to serve students identified in those groups where significant disproportionality exists.

(6)

A public agency shall make available all documents relating to the eligibility of the public agency in accordance with 20 U.S.C. §1413(a)(8) and 34 CFR §300.212.

Staffing Plan.

(1)

A public agency shall develop a staffing plan consistent with the procedures provided by the Department to ensure that personnel and other resources are available to provide FAPE to each student with a disability in the least restrictive environment as determined by an IEP team.

(2)

The local board shall approve the staffing plan.

Procedural Safeguards.

(1)

A public agency shall establish and maintain procedures consistent with 20 U.S.C. §1415, 34 CFR §§300.500—300.536, and COMAR 13A.05.01.11—15 and .16C to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a FAPE.

(2)

Parent Surrogates. A public agency shall appoint a parent surrogate for a student with a disability, as described in COMAR 13A.05.01.11G and in accordance with Education Article, §8-412, Annotated Code of Maryland.

Continuum of Alternative Placements. A public agency shall ensure a continuum of alternative placements is available for students with disabilities who require special education and related services, consistent with COMAR 13A.05.01.10B.

Reports. A public agency shall submit reports at the time and in the manner specified by the Department.

Accessibility of Technology-Based Instructional Products.

(1)

A public agency shall ensure that a request for bid, request for proposal, and local public agency guidelines for the selection and evaluation of technology-based instructional products used by students include the requirements governing equivalent access consistent with Subpart B, Technical Standards, Section 508 of the Rehabilitation Act of 1973, as amended.

(2)

A public agency shall ensure that technology-based instructional products provide students with disabilities equivalent access unless doing so would:

(a)

Fundamentally alter the nature of the instructional activity;

(b)

Result in undue financial and administrative burdens on the public agency; or

(c)

Not meet all other specifications.

(3)

If a technology-based instructional product meets the criteria described in §H(2) of this regulation or is not available, the public agency shall implement an alternative method of instruction designed to enable a student with a disability to access the general curriculum and meet the student's IEP goals and objectives as specified in COMAR 13A.05.01.09A.

Local Special Education Citizens Advisory Committee.

(1)

Each local school system shall establish a special education citizens advisory committee to advise the local school system on the needs of students with disabilities within the jurisdiction.

(2)

The Department shall annually allocate federal funds to each local school system to support the activities of the local special education citizen advisory committee.

(3)

Each local school system shall submit a budget for the use of federal funds, consistent with §C(1)(a) of this regulation.

Charter Schools. A local school system shall serve students with disabilities attending charter schools in the same manner as the public agency serves students with disabilities in its other schools, in accordance with 20 U.S.C. §1413(a)(5) and Education Article, Title 9, Annotated Code of Maryland.

Medications. Public agencies may not require a student with a disability to obtain a prescription for a substance covered by the Controlled Substances Act, as described in 20 U.S.C. §1412(a)(25), as a condition of:

(1)

Attending school;

(2)

Receiving an evaluation; or

(3)

Receiving special education and related services in accordance with COMAR 13A.05.01.

Personnel Development. A public agency shall ensure all personnel necessary to implement the Act are prepared in accordance with 20 U.S.C. §1412(a)(14), 34 CFR §300.207, and §2122 of the Elementary and Secondary Education Act of 1965.

Purchase of Instructional Materials. A public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials in the same manner and subject to the same conditions as the Department as described in Regulation .04 of this chapter and in accordance with 34 CFR §300.210 and Education Article, §8-408(d), Annotated Code of Maryland.

Reimbursement of Licensing Fee.

(1)

A local school system shall provide an amount equal to the initial licensing fee or renewal of license fee to an audiologist or speech-language pathologist, in accordance with Education Article, §6-112.1, Annotated Code of Maryland, who:

(a)

Provides audiology and speech language services on a third-party billing basis in schools; and

(b)

Is licensed by the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.

(2)

An audiologist or speech-language pathologist shall reimburse the local school system the full amount of aid received if the audiologist or speech-language pathologist does not:

(a)

Complete all the requirements for renewal of a license; or

(b)

Provide audiology or speech-language pathology services on a third-party billing basis in a school.

Transition from a Local Infants and Toddlers Program. The public agency shall ensure that a representative of the public agency attends the local infants and toddlers transition planning meeting as described in 20 U.S.C. §1437(a)(9)(A)(ii)(II).

Regulation .14 Nonpublic Placements by Local School Systems.Link Copy Citation

General. A local school system shall consider the placement of a student with a disability in a nonpublic program when:

(1)

The local school system cannot implement the student's IEP; and

(2)

The nonpublic school program to which the student has been referred:

(a)

Has been approved by the Department;

(b)

Can implement the student's IEP; and

(c)

Is the least restrictive environment.

State Contributions for Funding In-State Nonpublic Placements.

(1)

A State contribution for funding the costs of a placement for a student with a disability in an approved nonpublic school program is available for placements which meet the requirements of Education Article, §8-406, Annotated Code of Maryland, and Regulation .12 of this chapter.

(2)

A local school system requesting a State funding contribution in accordance with Education Article, §8-414, Annotated Code of Maryland, shall apply to the Department for approval of the funding contribution for the placement of the student at the time and in the manner specified by the Department.

(3)

The local school system shall provide written notice to the parents of a student with a disability when an application for a State contribution for funding a nonpublic school placement is submitted to the Department.

(4)

If the Department disapproves a request for State funding of a nonpublic school placement recommended by a local school system for a student with a disability, the Department shall identify an available appropriate alternative placement.

(5)

State Contribution for Funding an In-State Residential Placement.

(a)

A local school system shall obtain approval from the LCT before a local school system requests a State funding contribution of an in-State residential placement for a student with a disability.

(b)

A local school system shall notify the Department of the LCT approval when the request for a State funding contribution is submitted to the Department.

State Contribution for Funding Out-of-State Nonpublic Placements.

(1)

A local school system shall participate as a member of the LCT and the LMB, in accordance with COMAR 14.31.01.

(2)

A local school system shall obtain approval from the LCT to request a State contribution for funding an out-of-State nonpublic placement for a student with a disability whose educational needs cannot be met in an in-State nonpublic placement consistent with §A of this regulation.

(3)

The LCT shall review the funding request for an out-of-State nonpublic placement in accordance with COMAR 14.31.01.

(4)

If the LCT approves the out-of-State nonpublic placement funding request, the local school system shall forward the funding request and supporting documentation at the time and in the manner specified by the SCC.

(5)

On approval of the State contribution for funding the out-of-State residential nonpublic placement, the SCC shall notify the Department and the local school system.

Limitations on Local School System and State Funding Contributions to Nonpublic Placements.

(1)

If the LCT determines that a student with a disability requires a nonpublic placement for noneducational reasons, the local school system may agree to be responsible for the educational cost not to exceed the local share of the basic cost of the local school system education program, as defined in Education Article, §8-415, Annotated Code of Maryland.

(2)

The local school system is not responsible for the cost of the educational component of a nonpublic placement if the placement:

(a)

Is not required to provide a student FAPE consistent with COMAR 13A.05.01.06 and §A of this regulation; and

(b)

Is made by another agency without local school system approval for funding.

(3)

Notwithstanding §D(2) of this regulation, the local school system shall:

(a)

Assist the placing agency with the transfer of educational records as set forth in Education Article, §§8-501—8-506, Annotated Code of Maryland; and

(b)

Review student progress at least annually, in accordance with COMAR 13A.05.01.07 —10.

(4)

When another public agency places a student with a disability in a residential placement as defined in COMAR 14.31.01.02B(18), for noneducational reasons, the nonpublic school shall:

(a)

Immediately enroll the student;

(b)

Allow the student to access the full array of instructional opportunities offered by the nonpublic school; and

(c)

Provide special education and related services as outlined in the student's IEP.

In accordance with the fiduciary responsibilities for public funds, the Department may audit the records of nonpublic schools to which the Department has contributed funding for placements.

Chapter 03. Programs of Adult Education

Repealed

Chapter 04. Programs for Library Media Services

Regulation .01 Definitions.Link Copy Citation

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

Terms Defined.

(1)

Digital Citizenship.

(a)

“Digital citizenship” means a set of norms that define how to use technology responsibly and appropriately.

(b)

The norms include digital access, etiquette, law, communication, digital literacy, commerce, safety, security, health, wellness, digital rights, and digital responsibilities.

(2)

Digital Literacy.

(a)

“Digital literacy” means the knowledge and skills that enable individuals to effectively utilize digital, information, and communication technologies to locate, evaluate, synthesize, create, and communicate information.

(b)

“Digital literacy” requires both cognitive and technical competencies, as well as an understanding of the human and technological complexities within the digital media landscape.

(3)

Information Literacy.

(a)

“Information literacy” means the knowledge and skills that enable individuals to recognize when information is needed and to effectively locate, evaluate, organize, use, and communicate that information.

(b)

“Information literacy” is critical in situations that involve decision making, problem solving, or knowledge acquisition, requiring the ability to navigate and utilize information in a variety of formats.

(4)

Media Literacy.

(a)

“Media literacy” means the knowledge and skills that enable individuals to interpret and produce media content by encoding and decoding symbols transmitted through various media, while also critically analyzing, synthesizing, and creating mediated messages.

(b)

“Media literacy” includes all forms of electronic, digital, print, and artistic visuals used to convey messages.

Regulation .02 Public School Library Programs.Link Copy Citation

Each local school system shall establish in each school a unified school library media program for the use of all students which shall include, but not be limited to:

(1)

An organized and centrally managed collection of instructional materials and technologies;

(2)

Instruction emphasizing digital, media, and information literacy integrated into all content areas;

(3)

Appropriate materials and technologies to support the instructional programs of the local school system; and

(4)

A certified school library media specialist.

The school library media program shall be integrated with the local school system’s instructional programs by having certified library media personnel:

(1)

Participate in the development and implementation of all educational programs;

(2)

Participate in the selection of school library media materials; and

(3)

Instruct students, in cooperation with other teachers, in information literacy skills, which have been integrated into other areas of the curriculum.

Each local school system shall develop and implement a plan for its school library media program which shall include the following goals and subgoals to:

(1)

Provide direct instruction to help students become digital, media, and information literate through the achievement of the following learner outcomes:

(a)

Locating and using information resources including digital technologies;

(b)

Reviewing, evaluating, and selecting materials and digital tools for an identified information need;

(c)

Learning and applying reading, research, and critical thinking skills to organize information;

(d)

Comprehending content in various types of media;

(e)

Retrieving and managing information;

(f)

Demonstrating an appreciation of literature and other creative expressions as sources of information and recreation;

(g)

Creating materials with digital tools and formats; and

(h)

Applying ethical behavior to the use of information through digital citizenship instruction;

(2)

Support instruction by:

(a)

Collaborating with school and system level staff as well as with other individuals and organizations;

(b)

Including school library personnel in curriculum development implementation and evaluation at each grade level;

(c)

Providing resources to support instruction; and

(d)

Providing professional development services which include but are not limited to:

(i)

(ii)

Privacy;

(iii)

Accessibility;

(iv)

Instructional technology and digital learning; and

(v)

Digital citizenship;

(3)

Provide services which include but are not limited to:

(a)

Evaluating and selecting instructional materials and technologies in accordance with local board of education policies;

(b)

Implementing procedures for the acquisition, organization, circulation, and removal of instructional materials and technologies in accordance with Education Article, §4-142, Annotated Code of Maryland;

(c)

Providing reference and information assistance for specific requests;

(d)

Promoting instructional materials, technologies, and services that address the interest, information, and instructional support of students, staff, parents, and the community; and

(e)

Providing access to people and information outside of the school community;

(4)

Provide personnel who include:

(a)

Certified school library media personnel with technical or clerical assistance at the school building level to organize and operate a school library media program, and

(b)

A certified library media administrator or central office leadership and technical and clerical assistance to support and coordinate the school library media program;

(5)

Make accessible a comprehensive and organized collection of selected instructional materials and technologies according to policies established by local boards of education; and

(6)

Provide an adequate physical facility which is accessible and conducive to learning.

Each local school system shall have school library media program implementation documents which are reviewed and approved by the local school system on a periodic basis. These documents shall include:

(1)

Selection policies and procedures consistent with §B(2) of this regulation;

(2)

Objection policies and procedures consistent with §E of this regulation;

(3)

Curriculum and instruction documents for teaching digital and information literacy skills including reading, research, and critical thinking skills which:

(a)

Align with the Maryland Standards for School Library Media;

(b)

Align with the Maryland Digital Learning Standards for Students;

(c)

Integrate with content curriculum;

(d)

Include a scope and sequence of skills and objectives; and

(e)

Include the use of technology; and

(4)

Handbooks or manuals of operational procedures which include but are not limited to:

(a)

Circulation policies and procedures;

(b)

Budgeting and purchasing policies and procedures;

(c)

Policies and procedures for the evaluation and removal of obsolete or damaged books;

(d)

Inventory policies and procedures; and

(e)

Policies and procedures for end-of-year reports.

Objection Policies and Procedures.

(1)

Objection Review Committee.

(a)

Each local school system shall establish a committee to review objections to materials in a school library media program.

(b)

The committee must include at least one certified school library media specialist or certified school library media administrator, one classroom teacher, one school administrator, one student, and one parent or guardian representative.

(2)

Each local school system shall establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel.

(3)

The process shall include:

(a)

The standards or criteria used to review materials;

(b)

A reasonable timeline to conduct and conclude the review process;

(c)

A requirement that the objection review committee make a recommendation to the local superintendent regarding the objected materials;

(d)

A requirement that the recommendation of the objection review committee be posted publicly for the local school community;

(e)

A 30-day period for the local school community to provide written comment to the local superintendent before the superintendent issues a written decision;

(f)

A requirement that the local superintendent publicly post:

(i)

The written decision;

(ii)

The basis for the decision; and

(iii)

Notice of the right to appeal to the local board for individuals and organizations with established standing; and

(g)

A right to appeal to the local board.

(4)

The local superintendent’s decision is considered prima facie correct, and the local board may not substitute its judgment for that of the local superintendent unless the decision is arbitrary, unreasonable or illegal.

(5)

The approved policy and procedures shall be posted on the website of the local school system.

(6)

The approved policy and procedures shall align with the following standards:

(a)

The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;

(b)

Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and

(c)

Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.

(7)

Materials under review due to an objection shall remain available for use by students and school personnel until the review process has concluded and a final decision has been issued.

(8)

A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards in §F(4) of this regulation.

Regulation .03 Public School Library Program Reporting and Monitoring.Link Copy Citation

Each local school system superintendent shall certify to the State Superintendent that the elementary and secondary school library media programs meet or are working towards meeting the requirements set forth in these regulations, according to the periodic review schedule established by the State Department of Education, including but not limited to:

(1)

Annual submission of the Maryland Annual School Library Survey by May 31; and

(2)

The biannual submission of the school library media program implementation documents referenced in Regulation .02E of this chapter.

The State Department of Education shall implement a procedure for conducting periodic reviews of local school system school library media programs in order to identify program and professional development needs that exist in library media programs. The Department shall submit a copy of the results of its periodic review to the appropriate local school system superintendent.

Regulation .04 Library Programs Involving Federal Funds.Link Copy Citation

The regulations for the acceptance and administration of federal funds for the further development of public library and cooperative library services as provided in Public Law 91-600, as amended, shall be those set forth in the Basic State Plan for the administration on the Library Services and Construction Act.

Regulation .05 Special Library Services.Link Copy Citation

The Maryland State Library Agency shall provide library services to the blind and physically disabled. The Maryland State Library Agency shall receive and utilize the resources of federal agencies in accordance with policies governing these resources. It shall coordinate library service to the blind and physically disabled with those of public libraries and other educational institutions so as to provide an effective Statewide program. The service is provided by the State Library for the Physically Handicapped administered by the Maryland State Library Agency.

Regulation .06 Free Public Library Services.Link Copy Citation

The board of public library trustees for each county, including Washington County and Baltimore City, shall develop and submit to the Maryland State Library Agency a statement of its policies relating to the provision of free library services to the public. Each statement shall state the board's policies with respect to:

(1)

Limits to be placed on the amount of free services, such as limits on the number of books or other materials borrowed at one time, or time limits on borrowing;

(2)

Online database searches, including a statement of:

(a)

Reasonable time limitations on Internet or database searches; and

(b)

Charges to users for additional online searches;

(3)

Charges for utilities or conveniences available to library users, such as copying machines, printers, fax machines, or other equipment.

The Maryland State Library Agency shall report to the Maryland State Library Board any statements submitted pursuant to this regulation which are not in compliance with State laws and regulations regarding free library services.

“Free library services” is defined to include the use of all library materials and services available for reference/information and for circulation to library users regardless of format, including printed materials, media, computer software, Internet, online databases, or other forms of electronic storage of information.

A public library may not charge usage fees for circulation or use of any materials, excluding late return and excess use charges authorized in this regulation.

Regulation .07 Audits of County Public Libraries.Link Copy Citation

Audit Required. Each board of library trustees for a county public library shall have an audit made of its financial statements for each fiscal year.

Qualifications and Approval of Auditor. The auditor shall meet the qualifications in COMAR 13A.02.07.04B. The director of the county public library shall submit to the State Librarian for approval, by May 1 of the fiscal year to be audited, the name of the auditor.

Audit Standards and Report. The auditor shall conduct the audit in accordance with the standards in COMAR 13A.02.07.04D and the audit reporting package shall include the information in COMAR 13A.02.07.04E.

Submission of Report. The director of the county public library shall submit a copy of the audit reporting package to the State Librarian and appropriate county governing body by November 1 after the close of the fiscal year, except that a county having a population of more than 500,000 and having a county library agency as provided by Education Article, §23-401(b), Annotated Code of Maryland, shall submit the audit report by January 1 after the close of the fiscal year.

Audits of Federal Awards. Each county public library that expends $500,000 or more in federal awards in any fiscal year shall have an audit made in accordance with COMAR 13A.02.07.05.

Additional Provisions. The provisions of COMAR 13A.02.07.06—.10 shall apply to audits conducted under this regulation.

Exemptions. This regulation does not apply to county public libraries which:

(1)

Do not receive, account for, control, and supervise the spending of any public funds for the library;

(2)

Do not prepare separate financial statements; and

(3)

Are audited as a part of the county government.

Regulation .08 County Library Capital Project Grants Program.Link Copy Citation

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

Terms Defined.

(1)

“LLA” means local library agency or county library system.

(2)

“MSL” means the Maryland State Library Agency.

(3)

“Project completion” means:

(a)

Construction work has been completed in accordance with the contract documents;

(b)

The project architect has issued a certificate of completion;

(c)

The contractor has submitted the application for final payment; and

(d)

The building has been accepted by the LLA.

Responsibilities of MSL. MSL shall:

(1)

Develop and administer a grant program for county library capital projects to provide a uniform and objective analysis of proposed capital projects and support projects that address the library needs in the State;

(2)

Evaluate and prioritize grant requests to provide a uniform and objective analysis of proposed capital projects, including the review of each applicant's library facilities master plan;

(3)

Review proposed county library construction grants and issue approvals that are specific to a definite project with a prescribed scope and cost; and

(4)

Use the following criteria to evaluate capital project requests:

(a)

The public necessity and urgency of a project;

(b)

The need for additional sources of funding for a project;

(c)

The estimated cost and timeliness of executing a project;

(d)

The viability of matching funds for a project;

(e)

Geographic diversity; and

(f)

Other factors that may give priority to a project.

Library Facilities Master Plan.

(1)

By July 1 of each year, as a condition of receiving State project approval, each LLA shall submit to MSL or its designee:

(a)

Countywide library plan, which includes:

(i)

A mission statement;

(ii)

A needs statement; and

(iii)

Multiyear goals and objectives; and

(b)

Library facilities master plan, which includes:

(i)

A description of the capital project approved by the applicant's governing body;

(ii)

An updated and detailed capital improvement program for the following fiscal year; and

(iii)

A library capital improvement program for the following 5 years.

(2)

The annual and subsequent 5-year capital improvement program shall be consistent with the current library facilities master plan of record.

Capital Improvement Projects Grants Program.

(1)

By July 15 of each year, an LLA may submit up to 3 applications to MSL to receive grants for capital projects for the next fiscal year.

(2)

An application shall include:

(a)

A description of the scope and purpose of the project;

(b)

A building plan that includes the estimated total cost of the project, including matching funds; and

(c)

Any other information required by MSL.

(3)

On or before October 1 of each year, MSL shall make a recommendation to the State Library Board regarding LLA capital project grants for the following fiscal year that:

(a)

Identifies capital projects for funding approval; and

(b)

Recommends a maximum State construction allocation for each project.

(4)

On or before November 1 of each year, on approval of the State Library Board, MSL shall forward the list of approved LLA capital projects to the Department of Budget and Management.

(5)

By December 1 of each year, each local library board shall submit documentation that:

(a)

The local government has approved the LLA request for State funds and agreed to provide the required matching funds; and

(b)

The requested State funding will be expended within the fiscal year following the fiscal year in which the funds are requested.

(6)

Amendments to the State capital improvement program that a local library board considers necessary to submit during the course of the year shall be reviewed and approved by MSL and the State Library Board before an amendment may be implemented.

(7)

State and Local Cost Share Formula.

(a)

The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under Education Article, §23-505(b), Annotated Code of Maryland, by the library program amount for a county calculated under Education Article, §23-503(b), Annotated Code of Maryland, and multiplying this quotient by 1.25.

(b)

The minimum State share of a county library capital project is 50 percent and the maximum State share of a county library capital project is 90 percent of the project expenses that are approved by MSL pursuant to this regulation and Education Article, §23-502, Annotated Code of Maryland.

(c)

Grants under this program may not be for an amount less than $20,000.

Planning and Design of Capital Projects.

(1)

Land or buildings for a capital project shall be acquired by the board of library trustees or, in Montgomery County, the Department of Public Library Services.

(2)

Architects and Engineers.

(a)

The plans, specifications, and related documents for each construction project shall be developed under the supervision and responsibility of a licensed architect or engineer.

(b)

The LLA shall select the architect or engineer.

(c)

The LLA shall notify MSL of the architect or engineer selected.

Grant Close-Out.

(1)

Within 180 days after project completion, the LLA shall submit a close-out summary to MSL using a form provided by MSL.

(2)

MSL may conduct financial and procedural compliance audits.

Rescinding Funding Approval.

(1)

If, within 2 years after funding is made available for a project, no part of the project is under contract, MSL may determine the project to be abandoned and rescind the funding approval.

(2)

When MSL rescinds funding approval, MSL shall transfer the allocation to the Statewide Contingency Account for the fiscal year in which the project was approved for funding.

(3)

Funds transferred to the Statewide Contingency Account may be used for any project approved in a future LLA capital improvement program.

(4)

After a project approval is rescinded, to be considered for reinstatement, the project shall be submitted as a new project request in a succeeding fiscal year's annual LLA capital improvement program.

(5)

MSL may approve a request to extend the allowable time for placing a project under contract if the extension is justified by unusual circumstances.

Chapter 05. Programs of Pupil Services

Regulation .01 General Requirements.Link Copy Citation

Each local school system shall provide a coordinated program of pupil services for all students which shall include but not be limited to:

(1)

School counseling;

(2)

Pupil personnel;

(3)

School psychology; and

(4)

Health services.

The Pupil Services Program shall focus on the health, personal, interpersonal, academic, and career development of students.

Each local school system shall develop and implement a plan to determine the Pupil Services Program needs of students.

Each local school system shall define, develop, implement, and evaluate its Pupil Services Program. The Pupil Services Program may:

(1)

Use preventive and remedial approaches to meet student needs; and

(2)

Include alternative and supplemental programs for students at risk.

Each local school system shall provide a Pupil Services Program Manual and a School Counseling Program Manual for the elementary and secondary schools under its jurisdiction. The following apply:

(1)

The Pupil Services Program Manual shall include:

(a)

The objectives of the Pupil Services Program set forth in §§A—E;

(b)

A pupil services philosophy;

(c)

Local goals and subgoals related to each of the goals established as part of the Pupil Services Program;

(d)

Procedures;

(e)

Program activities; and

(f)

A procedure for an annual evaluation of the Pupil Services Program;

(2)

The School Counseling Program Manual shall include:

(a)

Measurable student performance objectives that relate to each of the goals and subgoals established as part of the School Counseling Program in Regulation .02B of this chapter; and

(b)

A procedure for an annual evaluation of the extent to which student performance objectives are being attained.

The following procedures shall apply to the certification and program services:

(1)

Certification. By September 1, 1988, each local superintendent of schools shall certify to the State Superintendent of Schools that the Pupil Services Program meets, at a minimum, the requirements set forth in this regulation.

(2)

Program Reviews.

(a)

The State Department of Education shall implement a procedure for conducting periodic reviews of local school system Pupil Services Programs by September 1, 1988.

(b)

The purpose of the reviews is to identify, on a regular basis, the program and professional development needs that exist in pupil services.

Individuals providing services to students in the coordinated program of Pupil Services shall meet the State Certification requirements set forth in COMAR 13A.12.03, except nurses who shall meet the requirements set forth in Health Occupations Article, Title 8, Subtitle 3, Annotated Code of Maryland.

Regulation .02 School Counseling Program.Link Copy Citation

The School Counseling Program is a coordinated data driven program of counseling, consulting, and informational services for students in grades K—12 that:

(1)

Promotes student academic success and well-being;

(2)

Enhances awareness of mental health and promotes positive, healthy behaviors;

(3)

Provides school-based prevention and universal and targeted interventions for students with mental health and behavioral health concerns;

(4)

Is comprehensive in scope, preventative in design, and developmental in nature;

(5)

Is aligned with school system goals and objectives;

(6)

Is an integral component of the school’s program and mission;

(7)

Promotes systemic change through the use of leadership skills, advocacy, and collaboration;

(8)

Promotes student achievement;

(9)

Provides equitable access to a rigorous education for all students;

(10)

Provides students with individual and group planning addressing academic, career, and social/emotional needs;

(11)

Identifies the knowledge and skills all students will acquire to promote college and career readiness;

(12)

Is delivered to all students in a systemic fashion;

(13)

Addresses the needs of the whole child so that each student has the opportunity to be healthy, safe, engaged, supported, and challenged for long-term success;

(14)

Is monitored and reviewed through accountability systems; and

(15)

Is provided by a State-credentialed school counselor as defined in COMAR 13A.12.03.02.

The school counseling program shall be formed around the following components:

(1)

Foundation components, including:

(a)

Program focus;

(b)

Student competencies; and

(c)

Professional competencies;

(2)

Management components, including, but not limited to:

(a)

School counselor competency and school counseling program assessments;

(b)

Annual agreements or annual plan;

(c)

Advisory councils;

(d)

Use of data to measure program implementation and outcomes to promote systemic change such as use of time assessments, calendars, and student academic measures; and

(e)

Curriculum, small group, and closing the gap action plans;

(3)

Delivery components, including direct and indirect services to students that focus on students’ academic, career, and social/emotional needs, as follows:

(a)

Direct services, recommended to be 80 percent of school counselor services, are services between school counselors and students that are in person or virtual interactions that include, but are not limited to:

(i)

School counseling core curriculum;

(ii)

Individual student planning; and

(iii)

Responsive services; and

(b)

Indirect services, recommended to be 20 percent of school counselor services, are services for students that result from the school counselor’s interactions with others that include, but are not limited to:

(i)

Referrals for assistance;

(ii)

Consultation and collaboration with families, teachers and other educators, community organizations, and other stakeholders;

(iii)

Participation as members of the educational team; and

(iv)

Other activities that fall in line with the appropriate duties of a school counselor as detailed in this regulation; and

(4)

Accountability components, including the use of school counseling program data to demonstrate the impact of the school counseling program on students and the school in measureable terms that include, but are not limited to:

(a)

Student attendance data;

(b)

Student achievement data; and

(c)

Student behavior data.

School counseling services shall be aligned with the following domains:

(1)

Academic development intended to help students:

(a)

Acquire the attitudes, knowledge, and skills that contribute to effective learning in school and across their life span;

(b)

Complete school with the academic preparation essential to choose from a wide range of substantial post-secondary options, including college; and

(c)

Understand the relationship of academics to the world of work and to life at home and in the community;

(2)

Career development intended to help students:

(a)

Acquire the skills to investigate the world of work in relation to their knowledge of self in order to make informed career decisions;

(b)

Employ strategies to achieve future career goals with success and satisfaction; and

(c)

Understand the relationship between personal qualities, education, training, and the world of work; and

(3)

Social/emotional development intended to help students:

(a)

Acquire the knowledge, attitudes, and interpersonal skills to help them understand and respect self and others;

(b)

Make decisions, set goals, and take the necessary action to achieve goals; and

(c)

Understand safety and survival skills.

Regulation .03 Pupil Personnel Program.Link Copy Citation

The Pupil Personnel Program is a systematic approach to programs and services that use the resources of the home, school, and community to enhance the social adjustment of students. These programs are designed to address a student's academic, personal, and physical needs by providing comprehensive casework management.

Pupil Personnel Program interventions to meet a student's needs may include:

(1)

Consultation with school staff and parents;

(2)

Assumption of a liaison role between home, school, and community;

(3)

Home visits;

(4)

Evaluation of social and educational adjustment; and

(5)

Assistance with the implementation of laws and regulations pertaining to rights and responsibilities of students.

The Pupil Personnel Program shall encompass the following goals and subgoals:

(1)

Assist in optimal health development so that the student will:

(a)

Identify health problems that are interfering with academic achievement,

(b)

Be aware of appropriate community agencies and organizations that provide health care and services,

(c)

Be provided assistance in obtaining basic physical and personal health care needs,

(d)

Understand the effect of appropriate nutritional habits and instruction in the home, school, and community,

(e)

Participate as needed in programs designed to prevent or remediate potential health problems (that is, parenting education, drug and alcohol abuse),

(f)

Understand the importance of good safety habits in the home, school, and community,

(g)

Understand rights and appropriate responsibilities as related to health, and

(h)

Have a greater awareness and understanding of physical development;

(2)

Assist in optimal personal development so that the student will:

(a)

Develop the ability to recognize and solve problems in the home, school, and community,

(b)

Articulate personal feelings and attitudes on the values and beliefs that are characteristic of a democratic society,

(c)

Understand an individual's rights and responsibilities in the home, school, and community,

(d)

Identify unique talents, interests, academic skills, and personality traits that lead to more positive contributions in the home, school, and community, and

(e)

Be aware of appropriate community agencies and organizations that assist in developing coping skills and improving self-esteem;

(3)

Assist in optimal interpersonal development so that the student will:

(a)

Assume responsibility and accountability for behavior in relation to others in the home, school, and community,

(b)

Be aware of school and community resources and services that help remediate behavioral adjustment problems,

(c)

Demonstrate effective communication skills in the home, school, and community,

(d)

Understand the student's rights and responsibilities in relation to the home, school, and community,

(e)

Demonstrate effective group participation and leadership skills, and

(f)

Participate as needed in educational programs that improve behavior and reduce truancy and substance abuse;

(4)

Assist in optimal academic development so that the student will:

(a)

Develop a greater understanding and awareness of academic strengths and weaknesses,

(b)

Attend school and all classes regularly,

(c)

Understand the right to a free and appropriate education as well as responsibilities as prescribed in school policy and procedure,

(d)

Be provided appropriate services and resources in the school and community to ensure a more positive educational adjustment,

(e)

Demonstrate effective study skills,

(f)

Demonstrate appropriate behavior in the school, and

(g)

Demonstrate academic decision-making skills that enhance current and future contributions of the student to the home, school, and community;

(5)

Assist in optimal career development so that the student will:

(a)

Understand aptitudes, interests, and talents as they apply to future career decision making,

(b)

Have access as needed to appropriate educational and vocational training programs,

(c)

Be aware of appropriate public and private agencies and organizations that provide resources, services, or training for career development and employment skills, and

(d)

Be aware of the consequences of, and alternatives to, leaving the educational system before graduation.

Regulation .04 School Psychology Program.Link Copy Citation

The School Psychology Program is a comprehensive and integrated continuum of services and activities regarding the delivery of school psychological services. The goal of the program is to provide direct educational, behavioral, and mental health services for children and youth, as well as work with families, school administrators, educators, and other professionals to create supportive learning and social environments for all students.

To meet a student’s needs, the School Psychology Program shall provide services and interventions across the following domains of practice:

(1)

Data-based decision making and accountability that use varied models and methods of assessment and data collection to:

(a)

Identify strengths and needs;

(b)

Develop effective services and programs; and

(c)

Measure progress and outcomes;

(2)

Consultation and collaboration that use varied models and strategies of consultation and communication applicable to individuals, families, groups, and systems, and methods to promote effective implementation of services;

(3)

To develop cognitive and academic strengths, interventions and instructional support that apply knowledge of biological, cultural, and social influences to:

(a)

Academic skills;

(b)

Human learning;

(c)

Cognitive and developmental processes; and

(d)

Evidence-based curricula and instructional strategies;

(4)

To develop social and life skills, interventions and mental health services that use:

(a)

Knowledge of biological, cultural, developmental, and social influences on behavior and mental health;

(b)

Behavioral and emotional impacts on learning and life skills; and

(c)

Evidence-based strategies to promote social/emotional functioning and mental health;

(5)

Schoolwide practices to promote learning and mental health that use:

(a)

School and school system structure, organization, and theory;

(b)

General and special education;

(c)

Technology resources; and

(d)

Evidence-based school practices that promote learning and mental health;

(6)

Preventive and responsive services that use:

(a)

Principles and research related to resilience and risk factors in learning and mental health;

(b)

Services in schools and communities to support multi-tiered prevention; and

(c)

Evidence-based strategies for effective crisis response;

(7)

Family-school collaboration services that use:

(a)

Principles and research related to family systems, strengths, needs, and culture;

(b)

Evidence-based strategies to support family influences on children’s learning and mental health; and

(c)

Strategies to develop collaboration between families and schools;

(8)

Development and learning to enhance services and address potential influences related to diversity by using:

(a)

Individual differences, abilities, disabilities, and other diverse student characteristics;

(b)

Principles and research related to diversity factors for children, families, and schools, including factors related to culture, context, and individual and role differences; and

(c)

Evidence-based strategies;

(9)

Research and program evaluation that use research design, statistics, measurement, and varied data collection and analysis techniques and program evaluation sufficient for understanding research and interpreting data in applied settings; and

(10)

Legal, ethical, and professional practice that use:

(a)

History and foundations of school psychology;

(b)

Multiple service models and methods;

(c)

Ethical, legal, and professional standards; and

(d)

Other factors related to professional identity and effective practice of school psychology.

The School Psychology Program shall encompass the following goals to meet a student’s needs:

(1)

Improve academic engagement and achievement by working with educators and families to:

(a)

Identify and mitigate barriers to learning, such as disabilities, mental or physical health problems, or social, cultural, language, or family issues;

(b)

Implement appropriate academic interventions by monitoring the effectiveness of academic interventions, developing student organizational skills, and promoting the use of learning strategies; and

(c)

Implement appropriate social/emotional and behavioral strategies such as those that are designed to improve attention, strengthen motivation, and promote student problem solving;

(2)

Facilitate effective instruction that meets the individual needs of diverse learners by consulting with educators to:

(a)

Individualize instructions;

(b)

Manage classroom behavior;

(c)

Monitor student progress; and

(d)

Evaluate classroom data;

(3)

Support positive behavior and socially successful students by providing services that promote a student’s:

(a)

Communication skills;

(b)

Social skills;

(c)

Problem-solving skills;

(d)

Anger management skills;

(e)

Conflict resolution skills;

(f)

Self-regulation;

(g)

Self-determination;

(h)

Resilience; and

(i)

Optimism;

(4)

Support positive behavior and socially successful students by consulting with teachers and administrators on:

(a)

Classroom strategies;

(b)

Programs promoting positive peer relationships and social problem solving;

(c)

Schoolwide positive behavior interventions and supports;

(d)

Use of effective discipline policies and practices; and

(e)

Programs to promote student wellness and reduce risk-taking;

(5)

Support diverse learners by working with teachers and other school staff to:

(a)

Assess learning and behavior needs and distinguish between issues related to family, culture, or language and a learning style or disability;

(b)

Plan appropriate individualized education programs for students with disabilities;

(c)

Modify and adapt curricula and instruction;

(d)

Adjust classroom facilities and routines to promote greater student engagement;

(e)

Promote positive relationships among all students;

(f)

Monitor and effectively communicate with parents about student progress; and

(g)

Coordinate links to community services;

(6)

Create safe, positive school climates by providing expertise to school leadership in:

(a)

Data collection and analysis;

(b)

Social/emotional learning;

(c)

Child development and behavior;

(d)

Violence prevention;

(e)

Crisis and trauma prevention and response; and

(f)

School-family-community collaboration;

(7)

Strengthen school-family-community partnerships by:

(a)

Working with teachers and other school staff to enhance their understanding and acceptance of diverse cultures and backgrounds and to promote culturally responsive schools; and

(b)

Providing specific support to help families:

(i)

Understand and support their child’s learning and mental health needs;

(ii)

Navigate the special education process;

(iii)

Connect with community service providers when necessary;

(iv)

Engage effectively with teachers and other school staff; and

(v)

Reinforce the school-family-community partnership; and

(8)

Improve assessment and accountability by helping school leaders and teachers to:

(a)

Generate and interpret student outcome data; and

(b)

Make decisions regarding programs and interventions in the district, building, classroom, and individual student levels.

Regulation .05 School Health Services Standards — Introductions.Link Copy Citation

In accordance with Education Article, §7-401, Annotated Code of Maryland, the Department of Education and the Maryland Department of Health have developed jointly public standards and guidelines for school health programs. The law further provides that the Department of Education and the Maryland Department of Health shall offer assistance to the local boards of education and local health departments in the implementation of these standards.

Regulation .06 School Health Services Standards — Definitions.Link Copy Citation

In Regulations .05—.15, the following terms have the meanings indicated.

Terms Defined.

(1)

“Communicable disease control” means the prevention, investigation, limitation, and eradication of diseases caused by infectious agents and usually spread from person to person.

(2)

“Designated school health services professional” means a physician, certified nurse practitioner, or registered nurse, or all of these, with experience or special training, or both, in working with children and families in community or school health programs and practices in accordance with the current medical and nursing standards of care.

(3)

“Follow-up” means the process of ascertaining if the recommended services have been obtained and evaluating the outcomes to determine if additional referrals are necessary.

(4)

“Health appraisal” means the process by which a designated school health services professional identifies health problems that may interfere with learning.

(5)

“Health counseling” means a service which provides opportunities for students and parents/guardians to explore options, make decisions, and receive support for understanding and adjusting to or coping with their health problems.

(6)

“Nursing care plan” means the course of action to be used by the nurse to meet the health needs of a student.

(7)

“Physical education” means the component of the school program that seeks, basically through the medium of physical activities, to improve each individual's physical fitness, motor skills, knowledge and appreciation of physical activities, and social competencies.

(8)

“Referral” means the process of helping a student or family obtain additional or comprehensive services, or both, and information.

(9)

“School health services aide” means an unlicensed person who functions under the supervision of a designated school health services professional. The designated school health professional shall determine the required degree of supervision on an individual basis. A school health services aide, at a minimum, shall be certified in cardiopulmonary resuscitation annually and a basic first aid course every 3 years.

(10)

“Screening” means a procedure to identify students who are at risk of having a health problem.

(11)

“Special health needs” means temporary or long-term health problems arising from physical, emotional, or social factors or any combination of these. The student with special health needs may or may not be enrolled in a special education program.

(12)

“Staff development” means the process of both formal and informal acquisition by staff of further knowledge, skills, and attitudes needed to perform assigned functions.

(13)

“Supervision” means the process of critically watching, directing, and evaluating another's performance.

Regulation .07 School Health Services Standards — For All Students.Link Copy Citation

Physical Examination.

(1)

A physical examination is required of each child entering the Maryland public school system for the first time. The examination shall be completed within the period of 9 months before entrance or 6 months after entrance. The physical examination form designated by the Department of Education and the Maryland Department of Health shall be used to meet this requirement.

(2)

The physical examination shall be completed by a physician or certified nurse practitioner.

(3)

For each school year each public school shall report to the local board of education or local health department the number of children entering the public school system for the first time who have not had a physical examination because of the lack of access to health care, insufficient financial resources, or any other reason, including a religious reason, as the public school deems appropriate.

(4)

An effort should be made to facilitate students and their families in obtaining a physical examination. However, if a student is unable to obtain a physical examination, the student may not be excluded from school.

(5)

For each school year the local board of education or local health department shall report the number of children who have not had a physical examination and the reason or reasons for not obtaining the physical examination to the Maryland Department of Health.

Review of Students' Health Records. The initial review of students' health records may be conducted by the designated school health professional or a school health services aide. The review of records shall include a review of the student's health history, health screening reports, physical examination form as designated by the Department of Education and the Maryland Department of Health, dental examination records, and other health reports. During the record review, the designated school health services professional or school health services aide shall document whether the student has a primary care provider. Students with health problems or concerns identified during the initial review of records by the school health services aide shall be referred to the designated school health services professional for a health appraisal.

Health Appraisal. A health appraisal for students identified through the review of records as having health problems or concerns shall be conducted by the designated school health services professional. The health appraisal may include health observations, interviews, and conferences with parents/guardians, students, educators, and other health professionals. Health appraisals shall be conducted as follows:

(1)

The health appraisal shall take place not later than 6 months after the date of entry to a school system and after that as indicated in §C(2), of this regulation.

(2)

The health appraisal of students with identified health problems shall be repeated as frequently as deemed necessary by the designated school health services professional.

(3)

Screening of students shall be carried out according to mandated or recommended screening programs established by the Department of Education and the Maryland Department of Health. These shall include:

(a)

Hearing and Vision Screening Tests. The local board of education or local health department shall provide and fund hearing and vision screenings for all students in the public schools. The local health department shall provide and fund hearing and vision screenings for all students in any private school that has received a certificate of approval under Education Article, §2-206, Annotated Code of Maryland, and students in any nonpublic educational facility in this State approved as a special education facility by the Department.

(b)

Unless evidence is presented that a student has been tested within the past year, these hearing and vision screenings shall be given in the years that a student enters a school system, enters the first grade, and enters the eighth, or ninth grade. Additional screenings may be required under the policies adopted by the local board of education or local health department.

(c)

The results of the hearing and vision screenings shall be made a part of the permanent record file of each student and given to the parents of any student who fails the screenings and reported to the local board of education or the local health department. If a student fails the screenings, the parent/guardian shall report on the recommended services received by the student to the local board of education or local health department on an approved form.

(d)

The local board of education or local health department shall report to the Maryland Department of Health the results of the hearing and vision screenings and, to the extent practicable, the number of students receiving the recommended services.

(e)

Students may be exempt from these hearing and vision screenings if the parent/guardian objects in writing on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which the parent/guardian is a member.

(4)

When a health problem has been identified through the health appraisal process, the designated school health services professional or designee shall notify and assist students, or parents/guardians, or both, in selecting recommended services.

(5)

For students without a usual source of care, the designated school health services professional or designee shall assist the student/family to identify a primary care provider.

(6)

The designated school health services professional shall be responsible for follow-up.

(7)

The designated school health services professional or the school health services aide shall inform appropriate school personnel of students who have health problems which may impede learning or require special care, or both.

Health Counseling.

(1)

The designated school health services professional shall offer health counseling after the identification of a health need.

(2)

If any additional counseling services are required, the designated school health services professional shall assist students and families in selecting the additional counseling services.

Communicable Diseases.

(1)

A school shall comply with the Maryland Department of Health's immunization requirements in accordance with COMAR 10.06.04.

(2)

The principal or the principal's designee shall notify the local health department of all suspected or diagnosed cases of reportable communicable diseases in compliance with Health-General Article, Title 18, Annotated Code of Maryland. The local health department shall assist the local board of education in implementing a plan for preventing the spread of the reported disease.

(3)

The local health department and the local board of education, following State guidelines, shall jointly develop written policies and procedures for dealing locally with outbreaks of nonreportable communicable diseases such as scabies, pediculosis, and athlete's foot.

Physical Education Program.

(1)

The designated school health services professional shall be available for consultation in planning, implementing, and evaluating those aspects of the physical education program which specifically relate to the health and safety of the participants.

(2)

Before participating in interscholastic sports, students shall have a physical examination in compliance with COMAR 13A.06.03.02I. A copy of the results of the physical examination shall be kept in the school health record.

(3)

In compliance with COMAR 13A.06.03.04B(3), all coaches shall be required to enroll and complete a one-credit course in the prevention and care of athletic injuries.

Regulation .08 School Health Services Standards — For All Students with Special Health Needs.Link Copy Citation

A local board of education, in conjunction with the local health department, shall formulate written policies ensuring the provision of school health services to students with special health needs.

A student with special health needs that may require particular attention during the school day shall have a statement of those health needs and a nursing care plan for emergency and routine care prepared by the designated school health services professional.

The designated school health services professional shall make appropriate school personnel aware of the students in the school who have special health needs that may require intervention during the school day.

The principal, in consultation with the designated school health services professional, shall identify school personnel who shall receive in-service training in providing the recommended services for students with special health needs.

A designated school health services professional may serve on all levels of the pupil services team and the admissions, review, and dismissal committees and participate, when appropriate, in the health services component of the Individualized Education Plan (IEP), the Individualized Family Service Plan (IFSP), or the Transitional Plan or any combination of these (COMAR 13A.05.01).

A local board of education, in conjunction with the local health department, shall formulate written policies regarding storage and administration of medication during school hours and during school-sponsored activities.

Regulation .09 School Health Services Standards — Emergency Services.Link Copy Citation

Personnel Qualifications. At least one adult in each school, other than the designated school health services professional and the school health services aide, shall be currently certified both in the First Aid Program of the American National Red Cross or its equivalent, and in adult or pediatric cardiopulmonary resuscitation (CPR), or both. One certified person shall be available on site during the regular school day and at all school-sponsored athletic events.

Emergency Care Procedures.

(1)

A guide for emergency care management shall be developed and distributed by the local health department and the local board of education to each school, and copies shall be placed in multiple locations.

(2)

An emergency information card shall be maintained for each student, and shall be updated at least annually.

(3)

Emergency evacuation plans shall be developed in consultation with the fire department, and shall include provisions for physically handicapped students and students with other special health needs.

Regulation .10 School Health Services Standards — Health Facilities.Link Copy Citation

Health Suite.

(1)

School buildings constructed or renovated and occupied after January 1, 1993 shall provide a handicapped-accessible space that, at a minimum, includes space for waiting, examination and treatment, storage, and resting. There shall be a separate room for private consultation and for use as a designated school health services professional's office. Toilets, a lavatory, and a telephone shall be in the health suite. Locked file cabinets shall be available for storing health records and for medications.

(2)

Schools occupied before January 1, 1993 shall provide space for use as the designated school health professional's office and shall meet the standards in §A(1), above, to the maximum extent possible. At a minimum, a lavatory and a telephone shall be easily accessible. Locked file cabinets shall be available for storing health records and for medications.

(3)

A designated school health services professional shall be involved at the local level in the planning of health areas in new schools and in the modernization of old schools. A designated school health services professional at the State level shall be available as necessary for consultation.

Screening Facilities.

(1)

A room shall be provided for hearing screening tests. This room shall meet the following criteria:

(a)

The screening room shall be as quiet as possible;

(b)

Areas near fans or air conditioners, hall traffic, playground or street traffic, group activities, bathrooms, lunchrooms, office equipment, refrigerators, or snack machines shall be avoided;

(c)

Excess noise, such as talking, paper shuffling, and moving furniture, shall be avoided;

(d)

The room shall be uncluttered and free of visual distractions.

(2)

Space and lighting requirements for the specific vision test used shall be made available.

Regulation .11 School Health Services Standards — Staff Development.Link Copy Citation

The local board of education and local health department shall jointly develop and annually implement an in-service training plan that includes:

Orientation to the school health services program for all school personnel;

Training in the care and prevention of athletic injuries for all coaches;

Training in first aid and cardiopulmonary resuscitation (CPR) for school personnel; and

Specific health programs required by federal, State, and local law for designated school health professionals.

Regulation .12 School Health Services Standards — Dissemination of School Health Services Information.Link Copy Citation

At the beginning of each school year, all parents/guardians and students shall be informed of the school health services program. The information shall include but not be limited to staffing, emergency care, medications, and communicable diseases, and be specific to that school's health services program. The information shall be updated as necessary.

Regulation .13 School Health Services Standards — Implementation and Coordination.Link Copy Citation

The local school superintendent and the local health officer shall jointly require the development of a local school health council with assistance by the Maryland State School Health Council.

The local school superintendent and the local health officer shall be jointly responsible for the implementation of Regulations .05—.15 of this chapter.

When medical direction is necessary, the designated school health services professional shall work in collaboration with the local health officer or the health officer's designee.

The designated school health services professional, other than the physician, and the school health services aide shall receive nursing direction from a registered nurse employed by either the local health department or the local board of education.

Health services provided in school shall be coordinated with other health services within the community.

By September 1, 1992, the local school superintendent and local health officer shall submit to the State Superintendent of Schools a status report of the implementation of Regulations .05—.15 of this chapter.

By September 1, 1995, the local school superintendent and local health officer shall certify that Regulations .05—.15 of this chapter are being implemented. Annually after that, the local school superintendent and local health officer shall certify to the Department of Education and the Maryland Department of Health that the school health services program which meets Regulations .05—.15 of this chapter is being implemented.

Regulation .14 School Health Services Standards — Monitoring and Evaluation.Link Copy Citation

The Department of Education and the Maryland Department of Health shall jointly develop, in collaboration with local boards of education and local health departments, a monitoring and evaluation component for school health programs that may include on-site reviews.

Regulation .15 School Health Services Standards — Confidentiality and Consent.Link Copy Citation

Issues of parental consent and confidentiality shall be administered in accordance with Health-General Article, §20-102, Annotated Code of Maryland, and COMAR 13A.08.02.

Chapter 06. Programs for Migrant Education

Regulation .01 Programs for Migrant Education.Link Copy Citation

Federal (Title I) Migrant Education Program funds to meet the special educational needs of migratory children of migratory agricultural workers or migratory fishers shall be administered by the State Department of Education pursuant to federal law, 20 U.S.C. §2701, and the implementing federal regulations, 34 CFR Part 200, Subpart C, which are hereby incorporated by reference. Applications for subgrants shall be filed with the Assistant Superintendent, Division of Student and School Services.

Chapter 07. Programs for Multilingual Learners

Regulation .01 Scope.Link Copy Citation

These regulations pertain to all programs for multilingual learners (MLs) that provide instructional assistance and services to enable MLs to attain English Proficiency, develop high levels of academic language, and achieve at high levels in academic subjects so that all MLs can meet the same challenging Maryland College and Career Ready Standards that all students are expected to meet.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Maryland Home Language Survey” means one or more Department-approved questions posed to all parents and students upon entering a local school system in order to determine the language or languages spoken in the home.

(2)

“Multilingual learner (ML)” has the same meaning as “English learner” as defined in 20 U.S.C. §7801(20).

Regulation .03 Programs for Multilingual Learners.Link Copy Citation

Each local school system shall establish an English language development program for those students who have been identified as MLs by:

(1)

The Maryland Home Language Survey; and

(2)

The Department-approved English language proficiency placement assessment.

The English language development programs shall contain the following components:

(1)

Goals;

(2)

Student identification;

(3)

Student placement;

(4)

Curriculum and instruction;

(5)

Certified English for Speakers of Other Languages (ESOL) teachers;

(6)

Materials of instruction;

(7)

Facilities;

(8)

Program delivery models;

(9)

Parent and community involvement;

(10)

Support services;

(11)

Exit criteria; and

(12)

Program evaluation.

A student who has been identified as an ML shall:

(1)

Be placed in an English language development program; and

(2)

Be evaluated each year on the appropriate Department-approved summative English language proficiency assessment in listening, speaking, reading, and writing to determine ML status.

The English language development program shall include the following standards:

(1)

Multilingual learners communicate for Social and Instructional purposes within the school setting.

(2)

Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Language Arts.

(3)

Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Mathematics.

(4)

Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Science.

(5)

Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Social Studies.

Local school systems shall adopt policies and procedures to ensure that there is an English language development program and that the program meets the requirements of this chapter.

Regulation .04 Funding.Link Copy Citation

The amount of State funding shall be determined annually on the basis of the number of MLs who are reported on the Enrollment Survey as of October 31.

Regulation .05 Reporting Requirements.Link Copy Citation

Local school systems shall annually report to the Department their goals, objectives, and strategies regarding the performance of multilingual learners along with timelines for implementation and methods for measuring progress.

Chapter 08. Approved Paid Work-Based Learning Programs

Repealed

Chapter 09. Programs for Homeless Children

Regulation .01 Scope.Link Copy Citation

This chapter establishes minimum requirements to ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth consistent with Title VII, Subtitle B of the McKinney-Vento Homeless Assistance Act as amended by the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.

Homeless children and youth shall have access to the education and other services that they need to ensure that they have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

Homeless children and youth, while receiving a free public education, may not be segregated in a separate school or in a separate program within a school, based on their status as homeless. Homeless children and youth shall be educated as part of a school regular academic program.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Child” and “youth” means an individual who is eligible to attend public school or educational programs in Maryland, including:

(a)

Pre-kindergarten through 12th grade;

(b)

Head Start;

(c)

Even Start;

(d)

Special education; or

(e)

Other programs.

(2)

“Enroll” and “Enrollment” means attending classes and participating fully in school activities.

(3)

Homeless Student.

(a)

“Homeless student” means a child or youth who lacks a fixed, regular, or adequate nighttime place of residence.

(b)

“Homeless student” includes:

(i)

Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations, are living in emergency or transitional shelters, also referred to as transitional housing, or are abandoned in hospitals;

(ii)

Children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for individuals;

(iii)

Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv)

Migratory children, as defined in §6399 of Title 20, who qualify as homeless for the purposes of the McKinney-Vento Act and this chapter because the children are living in circumstances as described in §B(3)(b)(i)—(iii) of this regulation.

(4)

“Local school system” means the public school system in which the student is enrolled.

(5)

“McKinney-Vento Act” refers to the Stewart B. McKinney-Vento Homeless Assistance Act, Subtitle B, as amended by the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.

(6)

“Parent" or "guardian” means the:

(a)

Parent, individual, or public agency having legal or lawful physical custody of the homeless student;

(b)

Person or public agency to whom guardianship of a child or youth has been given by order of court; or

(c)

Homeless student if the student is 18 years old or older and no parent or guardian is available.

(7)

School of Origin.

(a)

“School of origin” means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.

(b)

“School of origin” includes the designated receiving school at the next grade level for all feeder schools when the child or youth completes the final grade level served by the school of origin.

(8)

“Unaccompanied homeless youth” means a homeless youth not in the physical custody of a parent or guardian.

Regulation .03 General Responsibilities.Link Copy Citation

Each local school system in Maryland shall:

(1)

Develop, review, and revise policies to eliminate barriers to the identification enrollment, retention, and success in school of homeless students, including barriers related to:

(a)

Transportation issues;

(b)

Enrollment delays caused by residency requirements;

(c)

Lack of available records normally required for enrollment such as birth certificates, previous school records, immunization records, medical records, proof of residency, or other documentation;

(d)

Guardianship issues;

(e)

Uniform or dress code requirements;

(f)

Outstanding fees or fines;

(g)

Issues related to absences; and

(h)

Opportunities to meet the same challenging State student academic achievement standards to which all students are held.

(2)

Coordinate with local social services agencies and other agencies or programs providing services to homeless children and youth and their families;

(3)

Coordinate with other local school systems on interdistrict issues, such as transportation or transfer of school records;

(4)

Provide services to each eligible homeless student that are comparable to services offered to other students in the local school system, including:

(a)

Public preschool programs;

(b)

Educational programs or services;

(c)

Programs in career and technology education;

(d)

Special education programs;

(e)

Programs for gifted and talented students;

(f)

Before-school and after-school programs;

(g)

School meal programs; and

(h)

Transportation; and

(5)

Designate a homeless education coordinator responsible for:

(a)

Ensuring that homeless children and youth are identified by school personnel, are enrolled in, and have a full and equal opportunity to succeed in schools of that local school system;

(b)

Coordinating the referrals of homeless children to health care, dental care, mental health services, and other appropriate services;

(c)

Expediting school placement decisions;

(d)

Identifying homeless children, youth, and families in the community through outreach and coordination activities with other entities and agencies;

(e)

Coordinating programs and services to prevent duplication of services;

(f)

Monitoring programs and projects to ensure their compliance with applicable statutory and regulatory requirements, if the local school system receives funds under the McKinney-Vento Act;

(g)

Informing parents or guardians of homeless children and youth of the educational and related opportunities available to their children, ensuring that they are provided with meaningful opportunities to participate in the education of their children;

(h)

Disseminating public notice of the educational rights of homeless children and youth in the schools, community agencies, family shelters, soup kitchens, and organizations where children and youth receive services in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth;

(i)

Ensuring that the parent or guardian of a homeless child or youth and any unaccompanied youth is fully informed of all transportation services, including transportation to the school of origin, is assisted in accessing transportation to the school that is selected, and that enrollment disputes are mediated in accordance with Regulation .07 of this chapter;

(j)

Working with Title I administrators to ensure that Title I services are provided in accordance with the reservation of funds required by McKinney-Vento Act;

(k)

Coordinating and collaborating with the State coordinator and community and school personnel responsible for the provision of education and related services to homeless children and youth;

(l)

Developing and implementing a program to train school personnel on the educational rights of homeless children and youth, policies and procedures to identify and serve homeless children and youth, and on the special needs of homeless children and youth;

(m)

Assisting unaccompanied homeless youth in the school selection process;

(n)

Ensuring that enrollment disputes are mediated according to the local school system's appeal process consistent with Regulation .07 of this chapter; and

(o)

Ensuring homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act (42 U.S.C. §9831 et seq.), early intervention services under Part C of the Individuals with Disabilities Education Act (20 U.S.C. §1431 et seq.), and other preschool programs administered by the local school system.

The Department shall:

(1)

Respond to inquiries from parents and guardians of homeless children and youths, and from unaccompanied youth, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by law;

(2)

Coordinate and collaborate with educators, including child development and preschool program personnel, providers of services to homeless and runaway children and youth and homeless families, local school system homeless education coordinators, and community organizations and groups representing homeless children and youth and their families;

(3)

Facilitate coordination of services to homeless students with other State agencies;

(4)

Administer the McKinney-Vento Act grant program;

(5)

Prepare and submit reports to the federal government in accordance with the requirements of the McKinney-Vento Act;

(6)

Provide technical assistance to and conduct monitoring of local school systems in coordination with local school system coordinators to ensure local school system compliance; and

(7)

Provide professional development opportunities for local school system personnel and coordinators to assist such personnel and coordinators in identifying and meeting the needs of homeless children and youth.

Regulation .04 School Placement.Link Copy Citation

The local school system serving each child or youth shall, according to the child's or youth's best interest, establish a procedure to:

(1)

Continue the child's or youth's education in the school of origin for the duration of homelessness:

(a)

In any case in which a family becomes homeless between academic years or during an academic year; or

(b)

For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or

(2)

Enroll the child or youth in any public school that nonhomeless students living in the attendance area in which the child or youth is living are eligible to attend.

In determining the best interest of the child or youth under §A of this regulation, the local school system shall:

(1)

Presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the parent, guardian, or unaccompanied youth;

(2)

Give priority to the request of the parent, guardian, or unaccompanied youth;

(3)

Consider the following student-centered factors:

(a)

The student's age;

(b)

The school which the student's siblings attend;

(c)

The student's experiences at the school of origin;

(d)

The student's academic needs;

(e)

The student's emotional needs;

(f)

Any other special needs of the family;

(g)

Continuity of instruction;

(h)

Length of stay in the shelter;

(i)

The likely location of the family's future permanent housing;

(j)

Time remaining in the school year;

(k)

Distance of commute and the impact it may have on the student's education and other student-centered, transportation-related factors; and

(l)

The safety of the child;

(4)

Provide a written explanation to the parent, guardian, or unaccompanied youth, in a manner and form understandable to the parent, guardian, or unaccompanied youth, including a statement regarding the right to appeal pursuant to Regulation .07 of this chapter if the local school system sends the child or youth to a school other than the school of origin or a school requested by the parent, guardian, or unaccompanied youth; and

(5)

In the case of an unaccompanied youth, ensure that the local school system homeless coordinator:

(a)

Assists in placement or enrollment decisions;

(b)

Gives priority to the views of the unaccompanied youth; and

(c)

Provides notice to the youth of the right to appeal pursuant to Regulation .07 of this chapter.

The homeless student shall remain in the school determined to be in the student's best interest for as long as the student remains homeless, or if the student becomes permanently housed, until the end of the academic year.

Homeless students living separately from their parent shall be offered the same school choice options as other homeless students are offered.

Regulation .05 School Enrollment.Link Copy Citation

A school may not deny enrollment to a student solely because the student is living in a shelter, lacks a permanent residence, or is otherwise homeless.

The school selected in accordance with Regulation .04 of this chapter shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

When a school is notified that a child seeking to enroll is homeless, and the child does not have appropriate transfer or medical documentation, the receiving school shall:

(1)

Immediately enroll the child; and

(2)

If the child or youth needs to obtain immunizations, or immunization or medical records, immediately refer the parent or guardian of the child or youth to the local school system coordinator, who shall assist in obtaining necessary immunizations, or medical records.

The school may not bar enrollment of the homeless student until it has made a diligent effort to assist the parent in obtaining necessary immunizations or records of prior immunization.

If a homeless student has left a school without officially transferring and obtaining the student's educational records:

(1)

The school where the student is seeking to enroll shall:

(a)

(b)

Immediately call the former school for transfer information and relevant academic and other records, and

(c)

Provide appropriate special education and related services as soon as possible, if the student is a student with disabilities; and

(2)

Upon request for information regarding the homeless student, the student's former school shall:

(a)

Provide the information by telephone, and

(b)

Forward records for the homeless student to the receiving school in a timely manner.

Regulation .06 Student Transportation.Link Copy Citation

Each local school system shall:

(1)

Promptly provide homeless students with transportation services comparable to the transportation services provided to non-homeless students attending the school that is determined to be in the best interest of the homeless student; and

(2)

Notify the student and parent of the availability of transportation services, if these services are necessary for the homeless student to attend the school which is in the student's best interest.

If the student requires transportation to attend the school that is determined to be in the student's best interest, transportation shall be provided:

(1)

As long as the child or youth attends the school of origin and remains homeless; or

(2)

Until the end of the current school year, if the child becomes permanently housed during the school year.

If the homeless child or youth no longer resides in the area served by the local school system of origin and the child or youth, though continuing education in the school of origin, begins living in an area served by another local school system:

(1)

The local school system of origin and the local school system in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin; and

(2)

If the local educational agencies are unable to agree upon a method under §C(1) of this regulation, the responsibility and costs for transportation shall be shared equally.

Regulation .07 Dispute Resolution.Link Copy Citation

Each local school system shall establish an expedited dispute resolution process to address disputes arising regarding services to homeless children under this chapter, including the following:

(1)

Upon receipt of a written complaint from the parent, guardian, or an unaccompanied homeless youth, the principal shall resolve the complaint within 5 school days;

(2)

Parents, guardians, or an unaccompanied homeless youth shall be provided with a written explanation of the school's decision of the dispute, including the right to appeal, in a manner and form understandable to the parents, guardians, or unaccompanied youth;

(3)

If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the resolution, or if the principal does not issue a decision within 5 days, the parent may file a written complaint with the local superintendent;

(4)

The local superintendent shall issue a decision within 10 school days;

(5)

If the local superintendent does not issue a decision within 10 days, or if the parent, guardian, or unaccompanied youth is dissatisfied with the decision, the parent, guardian, or unaccompanied youth may appeal the decision to the local board, in writing, within 30 days, pursuant to Education Article, §4-205(c), Annotated Code of Maryland;

(6)

The local board shall decide the appeal on an expedited basis within 45 days of receipt of the appeal; and

(7)

If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the decision of the local board, the parent, guardian, or unaccompanied youth may appeal the decision to the State board, in writing, within 30 days, pursuant to COMAR 13A.01.05.

During the dispute resolution process, including any appeals, the student shall remain enrolled in the school in which enrollment is sought.

If a dispute arises over school selection or enrollment:

(1)

The child or youth immediately shall be:

(a)

Enrolled in the school in which enrollment is sought, pending resolution of the dispute; and

(b)

Provided transportation to the school in which enrollment is sought for the duration of the dispute resolution process;

(2)

The parent, guardian, or unaccompanied homeless youth shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or unaccompanied youth to appeal the decision, in a manner and form understandable to the parent, guardian, or unaccompanied youth;

(3)

The child, youth, parent, or guardian shall be referred to the local school system coordinator, who shall assist with carrying out the dispute resolution process under §A of this regulation, as expeditiously as possible after receiving notice of the dispute; and

(4)

In the case of an unaccompanied homeless youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which the youth is seeking enrollment pending resolution of the dispute.

Chapter 10. Automated External Defibrillator Program in Middle Schools and High Schools

Regulation .01 Scope.Link Copy Citation

This chapter establishes the requirements of the Automated External Defibrillator Program mandated by Education Article, §7-425, Annotated Code of Maryland, for implementation by each county board for each high school and middle school in the county.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Authorized site” means a public high school or middle school that meets the requirements of the Emergency Medical Services (EMS) Board, under Education Article, §13-517, Annotated Code of Maryland, and COMAR 30.06.01—05, for providing automated external defibrillation.

(2)

“Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:

(a)

Is cleared for market by the federal Food and Drug Administration;

(b)

Recognizes the presence or absence of ventricular fibrillation or rapidventricular tachycardia;

(c)

Determines, without intervention by the operator, whether defibrillation should be performed;

(d)

On determining that defibrillation should be performed, automatically charges; and

(e)

Requires operator intervention to deliver the electrical impulse or automatically continues with the delivery of an electrical impulse without operator intervention.

(3)

“Certificate” means a certificate of approval issued by the EMS Board to an authorized site.

(4)

“Event (code) summary” means the electronic report of an AED operation produced by an AED.

(5)

“Individual trained in the operation and use of an AED” means a person who has successfully completed an educational training course and subsequent refresher trainings as required by the EMS Board pursuant to Education Article, §13-517, Annotated Code of Maryland.

(6)

“On-site” means on the grounds of a public high school or middle school.

(7)

“School-sponsored athletic event” means an interscholastic or intramural sporting event that takes place on-site at a public high school or middle school, including practices and scrimmages.

Regulation .03 Minimum Requirements of the High School and Middle School AED Program.Link Copy Citation

Each county board shall develop and implement a High School and Middle School AED Program which shall require, at minimum:

(1)

One AED on-site in each public high school and middle school, which shall be available for use at each school-sponsored athletic event;

(2)

One individual trained in the operation and use of an AED present at each school-sponsored athletic event; and

(3)

One individual trained in the operation and use of an AED on-site at each high school and middle school during the regular school day.

The High School and Middle School AED Program shall:

(1)

Possess a valid certificate from the EMS Board to conduct an AED program;

(2)

Comply with the rules, regulations, and policies that the EMS Board determines are applicable;

(3)

Maintain up-to-date records of the initial and refresher training received by each individual trained in the operation and use of an AED;

(4)

Adhere to the AED manufacturer's guidelines for maintenance, inspection, and repair of AEDs, including weekly inspection of the AED;

(5)

Establish AED maintenance, operation, reporting, and quality improvement procedures to be documented as required by the EMS Board;

(6)

Submit:

(a)

A report for each incident of suspected cardiac arrest at the facility on the Maryland Facility AED Report Form for Cardiac Arrests, including, when available, any event (code) summary, recording, or tape created by the AED to Maryland Institute for Emergency Medical Services Systems (MIEMSS), and be available for follow up as necessary; and

(b)

If the AED fails when operated, in addition to submitting the required report to the federal Food and Drug Administration, a copy of the report to MIEMSS.

(7)

Designate an AED coordinator who:

(a)

Meets the requirements of COMAR 30.06.02.01A, which includes training in cardiopulmonary resuscitation (CPR) and AED operation; and

(b)

Is responsible for implementation and administration of the AED program; and

(8)

Contact and collaborate with the closest jurisdictional emergency medical services operational program once the High School and Middle School AED Program is approved by the EMS Board.

Each county board shall inform all persons who are authorized to participate in the High School and Middle School AED Program of the immunities available under Education Article, §13-517, Annotated Code of Maryland.

Chapter 11. Juvenile Services Education

Regulation .01 Scope.Link Copy Citation

This chapter implements Education Article, Title 22, Subtitle 3, Annotated Code of Maryland, for the conduct and management of the Juvenile Services Educational Program in residential facilities of the Department of Juvenile Services (DJS) in order to meet the special needs and circumstances of the students in the residential facility.

Regulation .02 Definitions.Link Copy Citation

In this title, the following words have the meanings indicated.

Terms Defined.

(1)

“Department” means the Maryland State Department of Education.

(2)

“Director” means the Director of the Juvenile Services Educational Program.

(3)

“Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department of Juvenile Services operates a program.

(4)

(5)

“Program” means a discrete and defined grouping of services provided to youth in the custody of or under the supervision of the DJS to address educational needs.

(6)

“Residential facility” means a facility established under Human Services Article, §9-226, Annotated Code of Maryland.

(7)

“Residential facility school” means the school located in a DJS residential facility.

Regulation .03 Education Program.Link Copy Citation

The Department shall provide a comprehensive education program for youth in DJS residential facilities to meet the public school standards set forth in COMAR 13A.01.04.

The Program consists of instruction to allow students to achieve credit requirements and assessments necessary to progress towards the standards for graduation from a public high school in Maryland consistent with the requirements of COMAR 13A.03.02.

The Program prepares students to successfully obtain a Maryland High School Diploma by examination.

The Juvenile Services Educational Program is a local education agency as defined by 20 U.S.C. §7801(26) of the Elementary and Secondary Education Act and public agency as defined by COMAR 13A.05.01.03B(59).

Regulation .04 Administrative Practices.Link Copy Citation

The Program shall operate at least 220 school days and a minimum of 1,320 school hours during a 12-month period.

The Program shall have a written calendar that states the specific days and total number of days for the implementation of its educational program.

The Program shall have a written schedule for each school that states the beginning and end of the 6-hour school day and the specific time periods during the school day when the areas of instruction are implemented.

The Program shall provide unit-based instructional services a minimum of 6 hours per week to students who are unable to attend the Residential Facility School because of illness or injury.

Regulation .05 Student Assessments.Link Copy Citation

Student academic achievement will be formally assessed upon intake into the education program to determine appropriate instructional placement.

Student academic achievement will be formally assessed after 30 days of enrollment to determine academic gains in reading and math.

Certificates of achievement will be awarded to students based on demonstrated gains.

Regulation .06 Special Education Instruction and Related Services.Link Copy Citation

Eligible students with disabilities will receive special education and related services as specified in an existing IEP or based upon the determination of eligibility as a student with a disability by the Residential Facility School IEP team in accordance with COMAR 13A.05.01 .

Regulation .07 Personnel Requirements.Link Copy Citation

Instructional personnel shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.02.

Residential Facility School and Juvenile Services Educational Program administrators shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.04.

Teacher Evaluation.

(1)

Teachers will be evaluated in accordance with the established State Performance and Evaluation Program set forth in COMAR 17.04.03.21.

(2)

Evaluations will meet the requirements for Evaluation of Professional Certified Personnel set forth in COMAR 13A.07.04.02 and 13A.07.04.03.

Regulation .08 Interagency Cooperation.Link Copy Citation

The Department and DJS shall execute a memorandum of understanding outlining responsibilities of each agency in the provision of education to students in the residential facilities.

All residential facility schools shall incorporate and adhere to the residential facility behavior management program established by the DJS.

Regulation .09 Student Records.Link Copy Citation

The Juvenile Services Educational Program will establish policies and procedures to obtain, maintain, and share student records as specified in the Program Policy and Procedure Manual and consistent with COMAR 13A.08.02.

The Department may transfer education records to DJS personnel who have been determined by the Department to have legitimate educational interests.

Regulation .10 Education Coordinating Council for Juvenile Services Educational Programs.Link Copy Citation

Education Article, §22-305, Annotated Code of Maryland, establishes an Education Coordinating Council for Juvenile Services Educational Programs within the Maryland State Department of Education.

The Education Coordinating Council shall develop, recommend, and approve an educational program for each residential facility to meet the special needs and circumstances of the children in DJS residential facilities in accordance with Education Article, §22-306, Annotated Code of Maryland.

The Council shall actively advocate and promote the interests of educational programs and opportunities in programs of the Department of Juvenile Services.

On a regular basis the Council shall meet to review the effectiveness of the program of educational instruction.

Chapter 12. Hearing Aid and Language and Communication Video Loan Bank

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to implement Education Article, §§8-601—8-606, Annotated Code of Maryland, which establishes a Hearing Aid and Language and Communication Video Loan Bank program within the Department for the purpose of lending hearing aids and language and communication videos on a temporary basis and providing access to online resources to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid to teach language and communication skills.

Regulation .02 Eligibility.Link Copy Citation

An individual is eligible if the individual meets the eligibility criteria set forth in Education Article, §8-601, Annotated Code of Maryland.

To be eligible, an individual:

(1)

Shall be a resident of the State of Maryland;

(2)

Shall be identified by an otolaryngologist or a licensed audiologist as having a hearing loss;

(3)

Shall be under the age of 21 years; and

(4)

May not have graduated from high school.

Regulation .03 Administration.Link Copy Citation

Application. A parent or legal guardian of an eligible individual who has no immediate access to a hearing aid may submit a request for hearing aids, language and communication videos, or other resources on a form developed by the Department that includes:

(1)

The individual’s residential address;

(2)

A copy of the individual’s hearing evaluation from a licensed audiologist;

(3)

A copy of the individual’s medical clearance for hearing aids from an otolaryngologist;

(4)

A statement from the parent or legal guardian explaining why the family is experiencing delays in acquiring hearing aids or needs a loan of hearing aids; and

(5)

The individual’s date of birth.

Loan Period. Except as provided in §C of this regulation, the Department may approve a loan of hearing aids for a period of not more than 1 year.

Loan Extension.

(1)

On the request of a parent or legal guardian, the Department may extend a loan of hearing aids for an additional 1-year period.

(2)

Prior to each extension period, the Department shall consider the following factors to determine whether to extend the loan:

(a)

Insurance coverage or Medical Assistance eligibility;

(b)

The circumstances that necessitated the loan of hearing aids;

(c)

The parent or legal guardian’s plan to obtain access to another hearing aid; and

(d)

The number of previous extensions granted to the individual.

Loaned Hearing Aid Accountability.

(1)

A parent or legal guardian who borrows a hearing aid from the loan bank for an eligible individual shall:

(a)

Be the custodian of the hearing aid;

(b)

Return the hearing aid immediately to the Loan Bank on the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;

(c)

Be responsible for the proper care and use of the hearing aid;

(d)

Be responsible for any damage to or loss of the hearing aid; and

(e)

Sign a written agreement provided by the State Superintendent that states the terms and conditions of the loan.

(2)

If the parent or legal guardian of an eligible individual receives a hearing aid on loan from the Loan Bank, the Department shall ensure that the eligible individual’s otolaryngologist or licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the program.

Language and Communication Videos. A parent or legal guardian of an eligible individual may download from a Department website language and communication videos and resources that offer:

(1)

Information about language and communication options to use with their deaf or hard of hearing child; and

(2)

Resources to teach them the language or other means of communication that they choose to use with their deaf or hard of hearing child.

Chapter 13. State-Aided Educational Institutions

Regulation .01 Purpose.Link Copy Citation

The State-Aided Educational Institutions program is created to provide State funding and support to nonprofit organizations that provide unique, educational experiences to students and teachers that cannot be replicated in the classroom. These educational experiences are aligned with Maryland curricular and educational priorities.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Board” means the Maryland State Board of Education.

(2)

“Department” means the Maryland State Department of Education.

(3)

“Nonprofit organization” means an organization that:

(a)

Is based in the State;

(b)

Is incorporated or registered under the laws of the State;

(c)

Is exempt from federal income tax under §501(c)(3), (4), or (6) of the Internal Revenue Code; and

(d)

Is current in the payment of all tax obligations to the State or any unit or subdivision of the State.

Regulation .03 Program Qualifications.Link Copy Citation

To be considered for funding, an educational institution shall qualify as a State-aided educational institution.

To qualify as a State-aided educational institution, an educational institution shall submit to the Department the following documentation:

(1)

Names of the members of an independent governing board for the institution;

(2)

Proof of status as a nonprofit organization;

(3)

A copy of the most recent independent annual audit or copies of the most recent internally generated financial statements until the annual audit is available;

(4)

A detailed operating budget that:

(a)

For an educational institution other than the Baltimore Zoo, indicates that less than 50 percent of the operating budget comes from State grants;

(b)

Specifies all sources of income, including:

(i)

Grants received;

(ii)

Names of granting agencies; and

(iii)

The amount of each grant; and

(c)

Specifies all expenditures;

(5)

Plans for the use of any grant funds that may be awarded by the State-Aided Educational Institutions grants program;

(6)

Evidence of the provision of a direct service to Maryland school groups or to individuals with disabilities, including:

(a)

Data on age levels of students to be served;

(b)

Data on the projected number of students and teachers to be served both Statewide and by local jurisdiction; and

(c)

Plans of the institution to support the Maryland curricular and educational priorities;

(7)

Evidence of liability insurance coverage; and

(8)

Evidence that the educational program for which funding is sought is not a new program and can show a track record of success.

Regulation .04 Funding.Link Copy Citation

An organization that seeks funding through the State-Aided Educational Institutions program in the fiscal year following the upcoming fiscal year shall submit to the Department:

A fiscal impact statement describing:

(1)

The program for which funding is sought;

(2)

Amount of funds requested;

(3)

Populations to be served;

(4)

Educational goals and objectives; and

(5)

Anticipated outcomes;

An augmentation request describing:

(1)

Who will be served;

(2)

Objectives of the educational program; and

(3)

Anticipated outcomes; and

An application for qualification as a State-aided educational institution containing supporting documentation as described in Regulation .03 of this chapter.

Regulation .05 Approval.Link Copy Citation

The Department shall review applications for qualification as a State-aided educational institution and shall submit a list of the qualified institutions to the State Superintendent of Schools.

The State Superintendent of Schools shall:

(1)

Review and comment on the institutions on the list of qualified institutions and the extent to and manner in which each would forward the goals of the Maryland curricular and educational priorities; and

(2)

Present the list of qualified institutions and comments on each institution to the Board for review and comment by the Board at the August meeting.

The Board shall submit to the Governor after the August meeting:

(1)

The list of qualified institutions;

(2)

The State Superintendent of Schools’ comments on each institution; and

(3)

The Board’s comments, if any, on each institution.

Regulation .06 Accountability Measures.Link Copy Citation

Each institution funded through the State-Aided Educational Institutions program shall submit the following annual reports:

(1)

Midyear/Interim Progress Report;

(2)

Managing for Results (MFR) Report; and

(3)

Annual Progress Report.

The Department will conduct an annual site visit for each nonprofit organization funded through the State-Aided Educational Institutions program.

Chapter 14. Adult High School Pilot Program

Regulation .01 Purpose.Link Copy Citation

The Adult High School Pilot Program establishes an alternative method for adults who did not graduate from high school to earn a high school diploma and, if applicable, a pathway to earn postsecondary credits or an industry-recognized certification in an environment that meets the needs of the adult learner.

Regulation .02 Authority.Link Copy Citation

The Adult High School Pilot Program is under the authority and supervision of the Maryland State Department of Education and the Maryland Department of Labor.

Regulation .03 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Department” means the Maryland State Department of Education.

(2)

“Operator” means a private non-profit entity that establishes a pilot under the Program.

(3)

“Pilot” means an adult high school established by an operator under the Program.

(4)

“Program” means the Adult High School Pilot Program.

(5)

Wraparound Services.

(a)

“Wraparound services” means individualized services, excluding regular school programs and services, that are provided to the student and the student’s family.

(b)

“Wraparound services” includes:

(i)

Child care;

(ii)

Transportation;

(iii)

Housing referrals;

(iv)

Mental health;

(v)

Crisis intervention;

(vi)

Substance abuse prevention or treatment; and

(vii)

Legal aid..

Regulation .04 Program Requirements.Link Copy Citation

A pilot established under the Program shall:

(1)

Operate from a fixed physical location;

(2)

Offer wraparound services necessary for the adult learner;

(3)

Grant a Maryland high school diploma on completion of the required course of study;

(4)

Adopt written standards for the admission and dismissal of students;

(5)

Comply with the requirements of §504 of the Rehabilitation Act of 1973; and

(6)

Provide accommodations equal to those a student would qualify for under the Individuals with Disabilities Education Act if the student has a disability with an educational impact.

Enrollment. A pilot shall enroll:

(1)

A maximum of 350 students at any given time; and

(2)

Students who:

(a)

Are 21 years or older;

(b)

Do not have a high school diploma; and

(c)

Did not complete the requirements for high school graduation through GED testing or the National External Diploma Program.

Regulation .05 Operator Qualifications.Link Copy Citation

The operator of a pilot established under the Program shall:

(1)

Be registered as a nonprofit organization in the State;

(2)

Have previous experience and measured success in providing education or workforce development services, including industry certification and job placement services, to adult learners who have been limited by educational disadvantages, a disability, a criminal record, or similar barriers to employment opportunities;

(3)

Have secured financing to develop or the capability to secure financing for the development of a physical site for the pilot; and

(4)

Hire appropriately trained instructional personnel.

An operator may be a partnership of two or more persons that meet the qualifications required under §A of this regulation.

The operator may partner with a public institution of higher education in the State, if the operator intends to provide coursework for college credit, or a county board of education.

Regulation .06 Advisory Board.Link Copy Citation

An advisory board shall govern a pilot established under the Program.

Membership.

(1)

The advisory board shall consist of at least 11 and no more than 25 members.

(2)

Of the advisory board members:

(a)

One member shall be appointed by the Department;

(b)

One member shall be appointed by the Maryland Department of Labor; and

(c)

The remaining members shall be selected in accordance with the bylaws of the pilot.

A vacancy shall be filled in the same manner in which the vacating member was selected.

The advisory board shall determine its officers.

Regulation .07 Considerations for Approval.Link Copy Citation

The Department, in consultation with the Maryland Department of Labor, may approve up to six pilots under the Program.

When considering whether to approve a pilot under §A of this regulation, the Department and the Maryland Department of Labor shall:

(1)

Give priority to a pilot located in a county or geographic area located within a county that has a high school attainment rate that is lower than the State average high school attainment rate;

(2)

Consider geographic diversity in locations for pilots; and

(3)

Approve one pilot in a rural area for each two pilots approved in urban areas.

Regulation .08 Application.Link Copy Citation

The Department, in consultation with the Maryland Department of Labor, will periodically post a solicitation for a pilot.

In response to a solicitation under §A of this regulation, an eligible organization that seeks approval to establish a pilot through the Program shall submit a detailed application that includes:

(1)

A description and background of the pilot operator or operators;

(2)

A program description;

(3)

The pilot’s bylaws;

(4)

The proposed curriculum and performance standards that align with Maryland high school graduation requirements and the Maryland College and Career Ready Standards;

(5)

Initial student intake assessment procedures;

(6)

Plans for the provision of remedial instruction, if necessary;

(7)

Plans for working with students with disabilities and providing accommodations for qualified students as required under Regulation .04 of this chapter.;

(8)

A description of assessment instruments and procedures for measuring student progress and college and career readiness;

(9)

A description of any programs or partnerships with organizations or businesses for providing job skills, industry certifications, or higher education credits;

(10)

The wraparound services offered;

(11)

A description of the advisory and coaching services that provide support for students to establish career pathways in high need and growth industries and make effective transitions into postsecondary education and industry credentialing opportunities;

(12)

The pilot’s governance plan;

(13)

A detailed budget for the initial 3-year operating period that demonstrates the pilot’s financial self-sufficiency; and

(14)

Plans for working with English learners.

Regulation .09 Approval.Link Copy Citation

Within 60 days of the receipt of a plan submitted under Regulation .08 of this chapter:

(1)

The Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the curriculum; and

(2)

If the curriculum is approved, the Department, in consultation with the Maryland Department of Labor, shall approve or disapprove the applicant’s plan.

The operator may submit curriculum revisions to the Department for review and approval in consultation with the Maryland Department of Labor.

Regulation .10 Waivers.Link Copy Citation

Within 30 days of approval of the pilot, the operator may request waivers from certain regulations.

Except as provided in §C of this regulation, the State Board of Education shall grant an approved pilot a waiver from any regulation that conflicts with the purpose and goals of the pilot’s plan, including the student service requirement set forth in COMAR 13A.03.02.05.

A waiver may not be granted related to assessment requirements in COMAR 13A.03.02.06.

Regulation .11 Funding.Link Copy Citation

The operator or advisory board of a pilot may apply for and accept donations, grants, or other financial assistance from a government entity or any nonprofit or other private organization.

The Program may provide grants to pilots approved and operating in accordance with these regulations, if funding is available.

A pilot established under the Program is not a public school for public financing purposes under Education Article, Title 5, Annotated Code of Maryland.

Regulation .12 Evaluation.Link Copy Citation

An operator shall conduct an evaluation of the pilot each year. After receiving approval of the advisory board, the operator shall submit an evaluation report to the Department and the Maryland Department of Labor for the prior fiscal year that includes:

(1)

Academic and career progress of each student enrolled in the pilot; and

(2)

The pilot’s fiscal year financial report.

On or before October 1 of each year, the operator shall submit to the Department and the Maryland Department of Labor the following information for the prior fiscal year:

(1)

Whether students enrolled in the pilot are on track for completion in a time determined reasonable by the advisory board;

(2)

The academic levels of the students at the time of enrollment in the pilot;

(3)

The academic progress of students as measured by pre-test and post-test assessments and the assessment instruments used;

(4)

Graduation rates; and

(5)

The number of:

(a)

Credits students have completed;

(b)

Students who completed the program and graduated;

(c)

Postsecondary credits earned by the students concurrently and the type of credit sought;

(d)

Industry credentials earned by students and the types of industry credentials; and

(e)

Students in post-graduation employment.

If the Department and the Maryland Department of Labor determine that the pilot is not effective, they shall send written notice to the operator:

(1)

Of any corrective action needed to prevent termination of the pilot; and

(2)

The time period during which corrective action must be completed.

Regulation .13 Termination.Link Copy Citation

If the Department and the Maryland Department of Labor determine that the pilot is not effective after a period of corrective action required under Regulation .12C of this chapter, they shall send written notice to the operator that the pilot has been terminated.

Any termination notice shall address any remaining issues for any enrolled students and existing funding.

Title 13A — Subtitle 05. Special Instructional Programs

Chapter 01. Provision of a Free Appropriate Public Education

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Scope.LinkCopy Citation

Regulation .03 Definitions.LinkCopy Citation

Regulation .04 Referral.LinkCopy Citation

Regulation .05 Assessment.LinkCopy Citation

Regulation .06 Evaluation, Reevaluation, and Eligibility.LinkCopy Citation

Regulation .07 Individualized Education Program (IEP) Team.LinkCopy Citation

Regulation .08 Individualized Education Program (IEP) Team Responsibilities.LinkCopy Citation

Regulation .09 Individualized Education Program Document.LinkCopy Citation

Regulation .10 Least Restrictive Environment (LRE).LinkCopy Citation

Regulation .11 Procedural Safeguards — General Provisions.LinkCopy Citation

Regulation .12 Procedural Safeguards — Prior Written Notice.LinkCopy Citation

Regulation .13 Procedural Safeguards — Consent.LinkCopy Citation

Regulation .14 Procedural Safeguards — Independent Educational Evaluation.LinkCopy Citation

Regulation .15 Procedural Safeguards — State Complaints, Mediation, and Due Process.LinkCopy Citation

Regulation .16 Students in Nonpublic Schools.LinkCopy Citation

Chapter 02. Administration of Services for Students with Disabilities

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Scope.LinkCopy Citation

Regulation .03 Definitions.LinkCopy Citation

Regulation .04 State Administration.LinkCopy Citation

Regulation .05 State Advisory Committee.LinkCopy Citation

Regulation .06 Department Procedural Safeguards.LinkCopy Citation

Regulation .07 Compliance Review Activities.LinkCopy Citation

Regulation .08 Funding.LinkCopy Citation

Regulation .09 Interagency Collaboration.LinkCopy Citation

Regulation .10 State Complaint Procedures.LinkCopy Citation

Regulation .11 Reports.LinkCopy Citation

Regulation .12 Nonpublic School Approval.LinkCopy Citation

Regulation .13 Local Public Agency Administration.LinkCopy Citation

Regulation .14 Nonpublic Placements by Local School Systems.LinkCopy Citation

Chapter 03. Programs of Adult Education

Chapter 04. Programs for Library Media Services

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Public School Library Programs.LinkCopy Citation

Regulation .03 Public School Library Program Reporting and Monitoring.LinkCopy Citation

Regulation .04 Library Programs Involving Federal Funds.LinkCopy Citation

Regulation .05 Special Library Services.LinkCopy Citation

Regulation .06 Free Public Library Services.LinkCopy Citation

Regulation .07 Audits of County Public Libraries.LinkCopy Citation

Regulation .08 County Library Capital Project Grants Program.LinkCopy Citation

Chapter 05. Programs of Pupil Services

Regulation .01 General Requirements.LinkCopy Citation

Regulation .02 School Counseling Program.LinkCopy Citation

Regulation .03 Pupil Personnel Program.LinkCopy Citation

Regulation .04 School Psychology Program.LinkCopy Citation

Regulation .05 School Health Services Standards — Introductions.LinkCopy Citation

Regulation .06 School Health Services Standards — Definitions.LinkCopy Citation

Regulation .07 School Health Services Standards — For All Students.LinkCopy Citation

Regulation .08 School Health Services Standards — For All Students with Special Health Needs.LinkCopy Citation

Regulation .09 School Health Services Standards — Emergency Services.LinkCopy Citation

Regulation .10 School Health Services Standards — Health Facilities.LinkCopy Citation

Regulation .11 School Health Services Standards — Staff Development.LinkCopy Citation

Regulation .12 School Health Services Standards — Dissemination of School Health Services Information.LinkCopy Citation

Regulation .13 School Health Services Standards — Implementation and Coordination.LinkCopy Citation

Regulation .14 School Health Services Standards — Monitoring and Evaluation.LinkCopy Citation

Regulation .15 School Health Services Standards — Confidentiality and Consent.LinkCopy Citation

Chapter 06. Programs for Migrant Education

Regulation .01 Programs for Migrant Education.LinkCopy Citation

Chapter 07. Programs for Multilingual Learners

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Programs for Multilingual Learners.LinkCopy Citation

Regulation .04 Funding.LinkCopy Citation

Regulation .05 Reporting Requirements.LinkCopy Citation

Chapter 08. Approved Paid Work-Based Learning Programs

Chapter 09. Programs for Homeless Children

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 General Responsibilities.LinkCopy Citation

Regulation .04 School Placement.LinkCopy Citation

Regulation .05 School Enrollment.LinkCopy Citation

Regulation .06 Student Transportation.LinkCopy Citation

Regulation .07 Dispute Resolution.LinkCopy Citation

Chapter 10. Automated External Defibrillator Program in Middle Schools and High Schools

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Minimum Requirements of the High School and Middle School AED Program.LinkCopy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Scope.Link Copy Citation

Regulation .03 Definitions.Link Copy Citation

Regulation .04 Referral.Link Copy Citation

Regulation .05 Assessment.Link Copy Citation

Regulation .06 Evaluation, Reevaluation, and Eligibility.Link Copy Citation

Regulation .07 Individualized Education Program (IEP) Team.Link Copy Citation

Regulation .08 Individualized Education Program (IEP) Team Responsibilities.Link Copy Citation

Regulation .09 Individualized Education Program Document.Link Copy Citation

Regulation .10 Least Restrictive Environment (LRE).Link Copy Citation

Regulation .11 Procedural Safeguards — General Provisions.Link Copy Citation

Regulation .12 Procedural Safeguards — Prior Written Notice.Link Copy Citation

Regulation .13 Procedural Safeguards — Consent.Link Copy Citation

Regulation .14 Procedural Safeguards — Independent Educational Evaluation.Link Copy Citation

Regulation .15 Procedural Safeguards — State Complaints, Mediation, and Due Process.Link Copy Citation

Regulation .16 Students in Nonpublic Schools.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Scope.Link Copy Citation

Regulation .03 Definitions.Link Copy Citation

Regulation .04 State Administration.Link Copy Citation

Regulation .05 State Advisory Committee.Link Copy Citation

Regulation .06 Department Procedural Safeguards.Link Copy Citation

Regulation .07 Compliance Review Activities.Link Copy Citation

Regulation .08 Funding.Link Copy Citation

Regulation .09 Interagency Collaboration.Link Copy Citation

Regulation .10 State Complaint Procedures.Link Copy Citation

Regulation .11 Reports.Link Copy Citation

Regulation .12 Nonpublic School Approval.Link Copy Citation

Regulation .13 Local Public Agency Administration.Link Copy Citation

Regulation .14 Nonpublic Placements by Local School Systems.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Public School Library Programs.Link Copy Citation

Regulation .03 Public School Library Program Reporting and Monitoring.Link Copy Citation

Regulation .04 Library Programs Involving Federal Funds.Link Copy Citation

Regulation .05 Special Library Services.Link Copy Citation

Regulation .06 Free Public Library Services.Link Copy Citation

Regulation .07 Audits of County Public Libraries.Link Copy Citation

Regulation .08 County Library Capital Project Grants Program.Link Copy Citation

Regulation .01 General Requirements.Link Copy Citation

Regulation .02 School Counseling Program.Link Copy Citation

Regulation .03 Pupil Personnel Program.Link Copy Citation

Regulation .04 School Psychology Program.Link Copy Citation

Regulation .05 School Health Services Standards — Introductions.Link Copy Citation

Regulation .06 School Health Services Standards — Definitions.Link Copy Citation

Regulation .07 School Health Services Standards — For All Students.Link Copy Citation

Regulation .08 School Health Services Standards — For All Students with Special Health Needs.Link Copy Citation

Regulation .09 School Health Services Standards — Emergency Services.Link Copy Citation

Regulation .10 School Health Services Standards — Health Facilities.Link Copy Citation

Regulation .11 School Health Services Standards — Staff Development.Link Copy Citation

Regulation .12 School Health Services Standards — Dissemination of School Health Services Information.Link Copy Citation

Regulation .13 School Health Services Standards — Implementation and Coordination.Link Copy Citation

Regulation .14 School Health Services Standards — Monitoring and Evaluation.Link Copy Citation

Regulation .15 School Health Services Standards — Confidentiality and Consent.Link Copy Citation

Regulation .01 Programs for Migrant Education.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Programs for Multilingual Learners.Link Copy Citation

Regulation .04 Funding.Link Copy Citation

Regulation .05 Reporting Requirements.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 General Responsibilities.Link Copy Citation

Regulation .04 School Placement.Link Copy Citation

Regulation .05 School Enrollment.Link Copy Citation

Regulation .06 Student Transportation.Link Copy Citation

Regulation .07 Dispute Resolution.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Minimum Requirements of the High School and Middle School AED Program.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Education Program.Link Copy Citation

Regulation .04 Administrative Practices.Link Copy Citation

Regulation .05 Student Assessments.Link Copy Citation

Regulation .06 Special Education Instruction and Related Services.Link Copy Citation

Regulation .07 Personnel Requirements.Link Copy Citation

Regulation .08 Interagency Cooperation.Link Copy Citation

Regulation .09 Student Records.Link Copy Citation

Regulation .10 Education Coordinating Council for Juvenile Services Educational Programs.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation