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). 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Presentation; Response; Setting; and Scheduling. “Act” means the Individuals with Disabilities Education Act, 20 U.S.C. §§1401—1419. “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. Assistive Technology Device. “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. “Assistive technology device” does not include a medical device that is surgically implanted, or the replacement of such a device. Assistive Technology Service. “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, “Assistive technology service” includes: The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment; Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities; Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; Training or technical assistance for a student with a disability or, if appropriate, the student's family; and 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. At No Cost. “At no cost” means the provision of all specially designed instruction without charge. “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). “Audiology” means services which include: Identification of students with hearing loss; Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; Provision of habilitative activities such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation; Creation and administration of programs for the prevention of hearing loss; Counseling and guidance of students, parents, and teachers regarding hearing loss; and Determination of the student's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. “Autism” means a developmental disability that: Does not include emotional disability as defined in §B(23) of this regulation; Significantly affects verbal and nonverbal communication and social interaction; Is generally evident before 3 years old; Adversely affects a student's educational performance; and May be characterized by: Engagement in repetitive activities and stereotyped movements, Resistance to environmental change or change in daily routines, and Unusual responses to sensory experiences. “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. “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. “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. Consent. “Consent” means a parent: 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; 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 Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. “Consent” includes consent given to an action before a parent revokes consent, so that: 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 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. “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. “Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. “Critical life skill” means a skill determined by the individualized education program (IEP) team to be critical to the student's overall educational progress. “Day” means a calendar day unless otherwise indicated as a school day or business day. “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. “Deafness” means a hearing impairment which: Is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification; and Adversely affects the student's educational performance. “Department” means the Maryland State Department of Education. “Early identification” means the implementation of a formal process for identifying a disability as early as possible in a child's life. “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. Elementary School. “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. “Elementary school” includes: Elementary charter schools; and Preschool programs. Emergency Conditions. “Emergency Conditions” means a period of time of 10 school days or longer, during which: A child with a disability cannot be provided with an individualized education program or special education services at school; and The school is providing instruction in some form to its students. “Emergency conditions” does not include: Disciplinary removals for 10 or more days under COMAR 13A.08.01.11; or Students unable to participate in their school of enrollment due to a physical or emotional condition as described under COMAR 13A.03.05. Emotional Disability. “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: An inability to learn that cannot be explained by intellectual, sensory, or health factors; An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; Inappropriate types of behavior or feelings under normal circumstances; A general, pervasive mood of unhappiness or depression; or A tendency to develop physical symptoms or fears associated with personal or school problems. “Emotional disability” includes schizophrenia. “Emotional disability” does not include a student who is socially maladjusted, unless it is determined that the student has an emotional disability. “Equipment” means: Machinery, utilities, and built-in equipment, and enclosures necessary to house the machinery, utilities, or equipment; and Other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including: Instructional equipment and necessary furniture; Printed, published, and audiovisual instructional materials; Telecommunications, sensory, and other technological aids and devices; Books, periodicals, and documents; and Other related materials. Evaluation. “Evaluation” means the process of reviewing: Information from parents; Existing data; and 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. “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. “Extended school year services” means the individualized extension of specific special education and related services that: 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; Are provided at no cost to the parents of the student; and Meet the standards of the Department. “Free appropriate public education (FAPE)” means special education and related services that: Are provided at public expense, under public supervision and direction; 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; Include preschool, elementary, or secondary education; and Are provided in conformity with an IEP that meets the requirements of 20 U.S.C. §1414, and this chapter. “General curriculum” means the curricular content adopted by a public agency, or schools within a public agency, for students from preschool through secondary education. “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. “Homeless students” means children and youth as defined by §725 of the McKinney-Vento Homeless Assistance Act and COMAR 13A.05.09. “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. “Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. “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. “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. “IEP team” means a group of individuals responsible for: Identifying and evaluating students with disabilities in accordance with 34 CFR §§300.301—300.311 and Regulations .04—.06 of this chapter; 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 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. “Intellectual disability” means general intellectual functioning, adversely affecting a student's educational performance, that: Is significantly subaverage; Exists concurrently with deficits in adaptive behavior; and Is manifested during the developmental period. Interpreting Services. “Interpreting services” means services for students who are deaf or hard of hearing. “Interpreting services” include: Oral transliteration services; Cued language transliteration services; Sign language transliteration and interpreting services; Transcription services, including Communication Access Real-Time Translation (CART), C-Print, and TypeWell; and Special interpreting services for students who are deaf-blind. “Learning Continuity Plan” means the sections of the IEP that address the provisions of a free appropriate public education during emergency conditions. “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. “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. “Mediator” means a qualified individual: 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 Trained in effective mediation techniques. “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. Meeting. “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. “Meeting” does not include: Informal or unscheduled conversations with public agency personnel; 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 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. “Modifications” means practices that change, lower, or alter learning expectations, in accordance with the Maryland Accommodations Manual. Multiple Disabilities. “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. “Multiple disabilities” does not include students with deaf-blindness. Native Language. “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. “Native language” includes the language normally used by the student in: All direct contact; Assessment and evaluation; The student's home; and The student's learning environment. “Native language” includes the mode of communication that is normally used by an individual: Who is blind; Who is deaf; or With no written language. “Nonacademic and extracurricular activities and services” means activities and services which may include: Counseling services, athletics, transportation, health services, recreational activities, special interest groups, or clubs sponsored by the public agency; Referrals to agencies that provide assistance to individuals with disabilities; and Employment of students, including employment by the public agency and assistance in making outside employment available. “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. “Occupational therapy” means services which include: Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; Improving ability to perform tasks for independent functioning when functions are impaired or lost; and Preventing, through early intervention, initial or further impairment or loss of function. Orientation and Mobility Services. “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. “Orientation and mobility services” includes: 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; 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; Teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and Other concepts, techniques, and tools, as determined appropriate. Orthopedic Impairment. “Orthopedic impairment” means a severe orthopedic impairment that adversely affects a student's educational performance. “Orthopedic impairment” includes impairments: Caused by congenital anomaly, such as clubfoot or absence of some member; Caused by disease such as poliomyelitis or bone tuberculosis; and From other causes such as cerebral palsy, amputations, and fractures or burns which cause contractures. “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: Asthma; Attention deficit disorder or attention deficit hyperactivity disorder; Diabetes; Epilepsy; A heart condition; Hemophilia; Lead poisoning; Leukemia; Nephritis; Rheumatic fever; Sickle cell anemia; or Tourette syndrome. Parent. “Parent” means: A biological or adoptive parent; A guardian; 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; 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 A surrogate parent who has been appointed in accordance with 34 CFR §300.519 and Education Article, §8-412, Annotated Code of Maryland. “Parent” does not include: An employee of a public agency responsible for the education or care of the child; or The State, if the child is a ward of the State. “Parent counseling and training” means: Assisting parents in understanding the special needs of the child; and Providing parents with information about child development. “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. “Personally identifiable information” means information that includes: The name of the student, the student's parent, or other family member; The address of the student; A personal identifier such as the student's Social Security number or student number; and A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty. Physical Education. “Physical education” means the development of: Physical and motor fitness; Fundamental motor skills and patterns; and Skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports. “Physical education” includes: Special physical education; Adaptive physical education; Movement education; and Motor development. “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. “Psychological services” means services that include: Administering psychological and educational tests, and other assessment procedures; Interpreting assessment results; Obtaining, integrating, and interpreting information about student behavior and conditions relating to learning; 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; Planning and managing a program of psychological services, including psychological counseling for students and parents; and Assisting in developing positive behavioral intervention strategies. Public Agency. “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. “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. “Public expense” means the cost of services paid or provided by a public agency at no cost to the parent. “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. “Recreation” means services which include assessment of leisure function, therapeutic recreation services, recreation programs in schools and other community agencies, and leisure education. “Reevaluation” means an evaluation conducted after the initial evaluation in accordance with Regulation .06D of this chapter. “Rehabilitation counseling services” means services provided: By qualified personnel in individual and group sessions that focus specifically on: Career development, Employment preparation, Achieving independence, and Integration in the workplace and community of a student with a disability; and To students with disabilities by vocational rehabilitation services funded under the Rehabilitation Act of 1973. Related Services. “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. “Related services” includes: Speech-language pathology; Audiology; Interpreting services; Psychological services; Physical and occupational therapy; Recreation, including therapeutic recreation; Early identification and assessment of disabilities in students; Counseling services, including rehabilitation counseling; Orientation and mobility services; Medical services for diagnostic or evaluation purposes; School health services, including school nursing services; Social work services in schools; and Parent counseling and training. “Related services” does not include: A surgically implanted medical device; The optimization of the device's functioning; Maintenance of the device; or Replacement of the device. “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. “School health services” means services: Provided by a qualified school nurse or other qualified individual; and Designed to enable a student with a disability to receive FAPE as described in the student's IEP. Secondary School. “Secondary school” means a public day or residential school that provides secondary education in accordance with 34 CFR §300.36, Education Article. “Secondary school” does not include education beyond grade 12. “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. “Social work services in schools” means services which include: Preparing a social or developmental history of a student with a disability; Group and individual counseling with the student and family; Working with those problems in a student's living situation, such as home, school, and community, that affect the student's adjustment in school; Mobilizing school and community resources to enable the student to learn as effectively as possible in the student's educational program; and Assisting in the development of positive behavioral intervention strategies. Special Education. “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. “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. “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. Specific Learning Disability (SLD). “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. “SLD” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. “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. “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. “Speech-language pathology” means services which include: Identification of students with speech or language impairments; Diagnosis and appraisal of specific speech or language impairments; Referral for medical or other professional attention necessary for the habilitation of speech or language impairments; Provision of speech and language services for the habilitation or prevention of communicative impairments; and Counseling and guidance of parents, students, and teachers regarding speech and language impairments. “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). “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 25 percent or greater delay in adaptive, cognitive, communicative, emotional, physical, or social development; Atypical development or behavior as defined in COMAR 13A.13.01.03B(12)(b); or A diagnosed physical or mental condition as defined in COMAR 13A.13.01.03B(12)(c). “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: Evaluated in accordance with Regulation .06 of this chapter as having: Autism, Deaf-blindness, Emotional disability, Hearing impairment, including deafness, Intellectual disability; Multiple disability, Orthopedic impairment, Other health impairment, Specific learning disability, Speech or language impairment, Traumatic brain injury, or Visual impairment, including blindness; and Who, because of the impairment, needs special education and related services. “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. Transition Services. “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: Post-secondary education; Career and technology education; Integrated employment, including supported employment; Continuing and adult education; Adult services; Independent living; or Community participation. “Transition services” also means activities based on the student's needs, taking into account the student's strengths, preferences, and interests. “Transition services” include: Needed activities in the areas of instruction, related services, community experiences, development of employment, or other post-school adult living objectives; Acquisition of daily living skills; and Functional vocational evaluation, if appropriate. “Transportation” means services which include: Travel to and from school and between schools; Travel in and around school buildings; and Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability. Traumatic Brain Injury. “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. “Traumatic brain injury” includes open or closed head injuries resulting in impairments in one or more areas such as: Cognition; Language; Memory; Attention; Reasoning; Abstract thinking; Judgment; Problem solving; Sensory, perceptual, and motor abilities; Psychosocial behavior; Physical functions; Information processing; and Speech. “Traumatic brain injury” does not include brain injuries that are: Congenital or degenerative; or Induced by birth trauma. “Travel training” means providing instruction to students with disabilities, as appropriate, who require this instruction to enable them to: Develop an awareness of the environment in which they live; and Learn the skills necessary to move effectively and safely from place to place within that environment. Visual Impairment. “Visual impairment” means impairment in vision which, even with correction, adversely affects a student's educational performance. “Visual impairment” includes partial sight and blindness. Ward of the State. “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. “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. Referral to a Public Agency. A student with a suspected disability who may need special education shall be referred, in writing, to a public agency. An initial referral may be initiated by: The student's parent; or A representative of a public agency. A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services: 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 Whenever a student is referred for an evaluation. 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. The public agency shall ensure: That assessment procedures are administered as needed, in accordance with Regulation .05 of this chapter; and 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. The public agency shall provide the student's parent written notice in accordance with Regulation .12 of this chapter if the public agency: Determines that no additional data is needed; or Does not suspect the student of being a student with a disability or a student with a developmental delay in accordance with this chapter. 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. 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. A student shall be assessed in all areas related to the suspected disability, consistent with 34 CFR §300.304(c)(4). 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: If the student is a student with a disability; The student's educational needs; 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 Each special education and related service needed by a student, regardless of whether the need is commonly linked to the student's disability. A single procedure may not be used as the sole criterion for determining: If a student is a student with a disability; and An appropriate educational program for a student. 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. Observation for the Determination of an SLD. 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. In determining whether the student has an SLD, the IEP team shall: 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 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). 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. 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: Technically sound; and 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. A standardized test administered to a student shall be: Valid for the specific purpose for which it is used; and Administered by trained and knowledgeable personnel in conformance with the instructions provided by the producer of the test. Tests and other assessment materials are not limited to procedures designed to provide a single general intelligence quotient and include procedures tailored to assess: Specific areas of educational need; and The extent to which a student with limited English is a student with a disability, rather than measuring a student's English language skills. 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. 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. Each report of assessment procedures shall be written, dated, and signed by the individual who conducted the assessment. Each report of assessment procedures shall include: A description of the student's performance in each area of suspected disability; Relevant information in accordance with §B(2) of this regulation; Instructional implications for the student's participation in the general curriculum or, for a preschool student, participation in appropriate activities; and A description of the extent to which assessment procedures were not conducted under standard conditions, consistent with 34 CFR §300.304(c). Initial Evaluation. An IEP team shall complete an initial evaluation of a student, consistent with 34 CFR §300.301(c)(1), within: 60 days of parental consent for assessments in accordance with Regulation.13A of this chapter; and 90 days of the public agency receiving a written referral in accordance with Regulation .04A of this chapter. Exception to the Time Line for Completion of Initial Evaluation. 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: The parent of the student repeatedly fails or refuses to produce the student for assessments; or 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. The exceptions to the time line described in §A(2) of this regulation apply only if: The subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation; and 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. To conduct an evaluation, the IEP team shall: Draw on information from a variety of sources, including: Existing data; Current classroom-based, local, and Statewide assessments; Parent input; and Observations by teachers and related service providers; and Carefully consider and document information used as a basis of the team's decision. Evaluation Report. The IEP team shall document its decision. The written decision shall include: Information provided by the parent; Results of assessment procedures used as a basis for determination; A statement as to whether the assessment procedures were valid for the purposes intended and valid for the student; and Whether the student is a student with a disability. The IEP team may not determine that a student is a student with a disability if: The determinant factor for the determination is: 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; A lack of instruction in math; or Limited English proficiency; and The student does not otherwise meet the criteria specified in 34 CFR §300.8. The IEP team shall provide the parent with a copy of the IEP team decision. Determination of an SLD. 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: 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; May use alternative research-based procedures for determining whether a student has a specific learning disability; and May not be required to use a severe discrepancy between intellectual ability and achievement. The IEP team shall determine that a student has an SLD if: 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: Oral expression; Listening comprehension; Basic reading skills; Reading fluency skills; Reading comprehension; Written expression; Mathematics calculation; or Mathematics problem solving; and The student's lack of achievement described in §D(2) of this regulation is not primarily the result of: A visual, hearing, or motor impairment; Intellectual disability; Emotional disability; Cultural factors; Environmental, cultural, or economic disadvantage; or Limited English proficiency. 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: 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 Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development. 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: 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 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. When a student is suspected of having an SLD, the IEP team shall prepare a written report that includes: A statement of whether the student has a specific learning disability; The basis for making the determination; The relevant behaviors, if any, noted during the observation of the student; The relationship of the behaviors to the student's academic functioning; The educationally relevant medical findings, if any; 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; 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: Instructional strategies used and the student-centered data collected; 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; Strategies for increasing the student's rate of learning; and Parents' right to request an evaluation; and The written certification of each IEP team member as to whether the written report reflects the member's conclusion. 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. 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. 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: If the public agency determines that the educational and related services needs, including improved academic achievement and functional performance of the student, warrant reevaluation; If the student's parent or teacher requests a reevaluation; or Before determining a student is no longer a student with a disability. In accordance with 34 CFR §300.303(b), a reevaluation shall occur: Not more frequently than once a year, unless the parent and public agency agree otherwise; and At least once every 3 years, unless the parent and public agency agree that a reevaluation is not necessary. The IEP team shall review existing assessment data in accordance with §C of this regulation. 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: Whether the student continues to be a student with a disability; The educational needs of the student; The present levels of academic achievement and related developmental needs of the student; 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 Whether the student continues to need special education and related services. 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. 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. 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: Whether the student with a disability continues to be a student with a disability; and The student's educational needs. The notification described in §E(7) of this regulation shall include: The decision of the IEP team and the basis of the determination; and The right of the parents to request a public agency to conduct assessment procedures to determine: Whether the child continues to be a student with a disability; and Their child's educational needs. 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. A public agency is not required to conduct assessment procedures: Unless requested to do so by the student's parent; or Before the termination of a student's eligibility in accordance with this chapter due to: Graduation from secondary school with a regular high school diploma; or Exceeding the age of eligibility for FAPE in accordance with Regulation .01 of this chapter. 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). A public agency shall consolidate a reevaluation meeting with other IEP team meetings for a student with a disability to the extent possible. IEP Team Members. A public agency shall ensure that the IEP team for a student with a disability includes: The parents of the student; Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment; Not less than one special education teacher, or not less than one special education provider of the student; A representative of the public agency who is: Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, and Knowledgeable about the general curriculum and about the availability of resources of the public agency; 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; 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 The student, if appropriate. 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. 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: The student; and A representative of any other agency that is likely to be responsible for providing or paying for transition services, with the consent of the: Student's parent; or Student, if the student has reached the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland. 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. 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. 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. 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. 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. A public agency shall ensure that an IEP team meets: 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 To develop, review, and revise, as appropriate, a student's IEP in accordance with 34 CFR §300.324. 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. 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). 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: The parent and the public agency consent to the excusal of the IEP team member; and The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team. 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. 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. 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: Address disciplinary issues; Determine the placement of the student with a disability not currently receiving educational services; or Meet other urgent needs of the student to ensure the provision of FAPE. 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: 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 The completed IEP not later than 5 business days after a scheduled IEP or other multidisciplinary team meeting. Efforts to obtain the participation of the parent include: Scheduling the IEP meeting at a mutually agreed on time and place; and Indicating, as part of the written notice: The purpose, time, date, and location of the meeting; Who will be in attendance; 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 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). For a student with a disability who is 14 years old, or younger if appropriate, the written notice shall indicate that: A purpose of the meeting will be the consideration of postsecondary goals and transition services for the student; and The public agency will invite the student. 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. 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. A meeting may be conducted without a parent in attendance if the public agency: Is unable to convince the parent to attend; and Has a record of its attempts to arrange a mutually agreed on time and place, such as: Detailed records of telephone calls made or attempted and the results of those attempts, Copies of correspondence sent to the parent and any responses received, or Detailed records of visits made to the parent's home or place of employment and the results of those visits. 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. The public agency shall provide a copy of the IEP to the parent at no cost. IEP Development. 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. Transition from a Local Infants and Toddlers Program. 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: 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; 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 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. 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. In developing an IEP, the IEP team shall consider and document: Strengths of the student; Concerns of the parent for enhancing the education of the student; Results of the initial or most recent evaluation; Communication needs of the student; Whether the student requires assistive technology devices and services; The results of the student's performance on Statewide, district-wide, or alternative assessment programs, as appropriate; and The academic, developmental, and functional needs of the student. 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. 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. Blind or Visually Impaired Students. If a student is blind or visually impaired, the IEP team shall provide for instruction in: 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 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. 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: Includes input from the student’s parent or guardian; Includes input from the student’s classroom teacher; and 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. 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: Hold a Bachelor’s degree from an accredited college or university; and Have completed any one of the credentialing options listed in §A(6)(d) of this regulation. Credentialing Options. To meet the credentialing requirement under §A(6)(c) of this regulation, an individual may: Hold a certificate as a Certified Orientation and Mobility Specialist (COMS) from the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP); Hold National Orientation and Mobility Certification (NOMC) from the National Blindness Professional Certification Board (NBPCB); or Complete all requirements of a university-based program in orientation and mobility, including a supervised internship or externship in orientation and mobility. If a student is deaf or hard of hearing, the IEP team shall consider the student's: Language and communication needs; Opportunities for direct communication with peers and professional personnel in the student's language and mode of communication; and Academic level and full range of needs, including opportunities for direct instruction in the student's language and mode of communication. 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. 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: Appropriate positive behavioral interventions and strategies for the student; and 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. 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. 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. 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: Determine whether the annual goals for the student are being achieved; Address any lack of expected progress in the annual goals or in the general curriculum; Review data and information from assessment procedures conducted as part of the reevaluation in Regulation .06 of this chapter, as appropriate; Address any information about the student provided to or by the parent; Address the student’s anticipated needs; Address planning for emergency conditions; and Discuss other matters, as identified on the notice of the IEP team meeting. Extended School Year Services. 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. The IEP team shall consider: Whether the student's IEP includes annual goals related to critical life skills; 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; The student's degree of progress toward mastery of IEP goals related to critical life skills; The presence of emerging skills or breakthrough opportunities; Interfering behaviors; The nature and severity of the disability; and Special circumstances. 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. 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. 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). Changes to a student's IEP may be made by: The student's IEP team, in accordance with §B(1) of this regulation; or Amending the student's IEP without redrafting the entire IEP, in accordance with §B(4) of this regulation. If a student's IEP is amended, the public agency shall ensure the IEP that incorporates the amendments is: Accessible to the student's service providers, as described in Regulation .09D(5) of this chapter; and Provided, on request, to the student's parent, consistent with 34 CFR §300.324(a)(6). IEP Content. The IEP for a student with a disability shall include: A statement of the student's present levels of academic achievement and functional performance, including: How the student's disability affects the student's involvement and progress in the general curriculum, or For a preschool student, as appropriate, how the disability affects the student's participation in appropriate activities; Measurable academic and functional annual goals, including benchmarks or short-term instructional objectives related to: 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 For a preschool student, as appropriate, to participate in appropriate activities; 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; Program modifications or supports for school personnel that will be provided for the student to enable the student to: Advance appropriately toward attaining the annual goals; Be involved in and make progress in the general curriculum; Participate in extracurricular and other nonacademic activities; and Be educated and participate with other students with disabilities and students without disabilities; 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; 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); If the IEP team determines that a student may not participate in a particular Statewide or district-wide assessment, documentation by the team of: Why the assessment, or part of an assessment, is not appropriate for the student; How the student will be assessed; and Why a particular alternate assessment is appropriate; 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 A learning continuity plan to address the provision of a free appropriate public education during emergency conditions. 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. Transition Services. 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: The transition services, including course of study needed to assist the student reach those goals; Appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and independent living, as appropriate; and 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. 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: Identifying alternative strategies to meet the transition objectives; and If necessary, revising the student's IEP. 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. 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. Information included under one component of the student's IEP is not required to be repeated under another component. Report of Progress. An IEP shall include how a parent is to be regularly informed of the: Student's progress toward the annual goals; and Extent to which the progress is sufficient to enable the student to achieve the goals within a year. 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. 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. 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. 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). 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. 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. The requirements of §A(1)(f) and (g) of this regulation do not apply to students with disabilities incarcerated in adult correctional facilities. 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. 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: Placed in or referred to a nonpublic school by the public agency; or 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. A public agency shall have an IEP in effect for a student with a disability at the beginning of a school year. 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. Exceptions to §D(3) of this regulation are: When the meeting occurs during the summer or a vacation period; or When there are circumstances that require a short delay, such as working out transportation arrangements. 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: Have access to the IEP; and 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. 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: Adopts the student's IEP from the former public agency; or Develops, adopts, and implements a new IEP. 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: Conducts an evaluation in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter; or Develops a new IEP, if appropriate, consistent with 34 CFR §300.320 and Regulation .09 of this chapter. 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: The student's IEP; Supporting documents; and 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: The Maryland Online IEP; or 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. 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. The learning continuity plan shall: Describe the methods through which the IEP services will be delivered during emergency conditions; and Be reviewed and updated, as appropriate, at least annually. The following sections of the IEP shall include planning for emergency conditions: Instructional and Assessment Accommodations; Supplementary Aids, Services, Program Modifications and Supports; Secondary Transition Activities; IEP Goals; Services; and Extended School Year Services. Notification of Emergency Conditions. 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. 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. 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. General. A public agency shall ensure that: 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 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: A continuum of alternative placements is available: To the extent necessary to implement the IEP; and To meet the needs of students with disabilities for special education and related services; Alternative placements include the settings as listed in Regulation .03B(71) of this chapter; and Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement. Placements. A public agency shall ensure that: The educational placement decision of a student with a disability is: Made by the IEP team; Made in conformity with the LRE provision of the Act and Regulation .10 of this chapter; Determined at least annually; Based on the student's IEP; and As close as possible to the student's home; 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; 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; 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 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: Student's age and disability; Specialized equipment needs of the student; Personnel needed to assist the student during transportation; Amount of time involved in transporting the student; and Distance the student will be transported. 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. If a public agency does not provide a preschool program for students without disabilities, the public agency: 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 May meet the requirements of §B of this regulation through alternative methods including: Providing opportunities for preschool students with disabilities to participate in preschool programs operated by other agencies; 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 Locating classes for preschool students with disabilities in regular elementary schools. 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. Placement in the Home. 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. The IEP team shall: 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 Develop a plan for returning the student to a school-based program. When the period of treatment or convalescence ends, the IEP team shall: Review and revise the IEP, in accordance with Regulations .08 and .09 of this chapter; and Determine the appropriate placement in the LRE, in accordance with this section. Educational placement in the home, for a student with an emotional condition, may not exceed 60 consecutive school days. A student's home may not be used as an instructional setting for a student with a disability waiting for: Placement in a nonpublic special school, in accordance with Regulation .16A of this chapter; or A change of placement, in accordance with Regulation .10 of this chapter. Removal of Students for Disciplinary Actions. 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. 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. Procedural Safeguards Notice. 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. A copy of the procedural safeguards shall also be given to the student's parents on: Initial referral as described in Regulation .04 of this chapter; Parental request for evaluation as described in Regulation .06 of this chapter; 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; The parent's first due process complaint in a school year, as described in Regulation .15C of this chapter; and Parental request. 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. A public agency may place a current copy of the procedural safeguards notice on its Internet website. 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: A parent cannot be identified; The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or The student is a ward of the State. General. 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. 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. Prior Written Notice Content. The notice shall include: A description of the action proposed or refused; An explanation of why the public agency proposes or refuses to take the action; A description of the options the public agency considered and the reason the options were rejected; A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal; A description of any other factors relevant to the proposed or refused action; 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; 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 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. 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. 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. A public agency shall maintain written documentation that the requirements of §C(1) and (2) of this regulation have been met. Consent for Assessment Procedures. 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. 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. A public agency is not required to obtain parental consent: Before reviewing existing data; 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 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. 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. 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. A public agency shall obtain written parental consent before the initial provision of special education and related services to a student with a disability. A public agency may not provide special education and related services consistent with 34 CFR §300.300 if a student's parent: Refuses to provide the public agency consent for the initiation of special education and related services; or Fails to respond to a request by the public agency to provide consent for the initiation of special education and related services. 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. 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: 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 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. 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: 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; May not continue to provide special education and related services to the student; 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 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). After the initiation of special education and related services, parental consent is not required to implement the student's IEP. Consent for initial evaluation may not be construed as consent for initial placement. 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). 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). 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. General. A parent of a student with a disability may obtain an independent educational evaluation. 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. If a parent disagrees with the evaluation obtained by the public agency, the parent may request an independent educational evaluation at public expense. 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: If the public agency approves the request, advise the parent of the process for arranging the evaluation at public expense; or 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. Decision of the Impartial Hearing Officer. 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. 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. 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. 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. The results of an independent educational evaluation obtained at public or private expense: Shall be considered by an IEP team in making any decision regarding the provision of FAPE for the student; and May be presented as evidence at a due process hearing initiated under Regulation .15C of this chapter. 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. 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). State Complaints. 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. A public agency shall provide parents and other interested parties with information regarding the procedures for filing a complaint. The content of a signed written complaint shall meet the requirements specified in 34 CFR §300.153. 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. 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. 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: Findings of facts and conclusions; The reasons for the final decision; and Procedures for effective implementation of the final decision including, as appropriate: Technical assistance, Negotiations, and Corrective actions required to achieve compliance. The Department shall issue the written decision described in §A(6) of this regulation within 60 days unless: Exceptional circumstances exist with respect to the State complaint that requires an extension of the time limit; or 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. 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: Is also the subject of a due process hearing; or Contains multiple issues of which one or more are part of a due process hearing. 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. 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. 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. Mediation is voluntary on the part of the parties. Mediation may not be used: 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 To deny any other rights afforded parents under this chapter in accordance with 34 CFR §300.506. A party to the mediation has the right to be accompanied or advised by counsel. A party's request for mediation shall be made in writing to the other party and the Office of Administrative Hearings. 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. Mediation sessions are closed proceedings. 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. 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. A party's due process complaint shall be made in writing to the other party and the Office of Administrative Hearings. The content of a due process complaint, as described in §C(2) of this regulation, shall be consistent with 34 CFR §300.508. 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). When a party files a due process complaint, the public agency responsible for the student's education shall: Inform the parent of free or low cost legal and other relevant services available; Provide the parent with a copy of the procedural safeguards, in accordance with Regulation .11A(2)(e) of this chapter; and Inform the parent of the availability of mediation as described in §B of this regulation. 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. In accordance with 34 CFR §300.508, a party may only amend its due process complaint if the: 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 Hearing officer grants permission at any time not later than 5 days before the due process hearing begins. 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. When a parent files a due process complaint, the public agency shall respond in a manner consistent with 34 CFR 300.508(e). 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: Made specific misrepresentations that the problem forming the basis of the due process complaint was resolved; or Withheld information from the parent that the public agency is required to provide the parent under this chapter. Resolution Session. 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. The resolution session shall be held in accordance with 34 CFR §300.510. The parent may seek the intervention of the hearing officer to begin the due process hearing time line if the public agency fails to: Hold a resolution session within 15 days of receiving the due process complaint; or Participate in the resolution session. In accordance with 34 CFR §300.510(a)(3), a resolution session need not be held if: The parent and the public agency agree in writing to waive the meeting; The parent and the public agency agree to try mediation; or The public agency initiated the due process complaint. 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. A due process hearing may not occur unless the parties: Attend a resolution session to resolve the issues in the due process complaint; Agree, in writing, to waive the resolution session; Attend mediation to resolve the issues in the due process complaint; or Participate in some other means to resolve the issues in the due process complaint. If the parties reach a resolution, the parties shall execute a legally binding agreement in accordance with 34 CFR §300.510. 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). 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. 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. 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. The 45 day time line for a due process hearing decision begins after one of the following events occurs: Both parties agree in writing to waive the resolution meeting described in §C(12) of this regulation; 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 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. 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: At the time of the hearing request, the student is not enrolled and attending an approved educational program; or The due process hearing request concerns the placement or manifestation determination of a student due to a violation of the rules of conduct. 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. 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. 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: Represent themselves; Be represented by an attorney, in accordance with State Government Article, §9-1607.1, Annotated Code of Maryland; and Be accompanied and advised by persons with special knowledge or training with respect to the problems of children with disabilities. 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. 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. 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. 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. After deleting personally identifiable information from hearing decisions, the Department shall: Transmit the findings and decisions to the State Advisory Committee as described in COMAR 13A.05.02.05; and Make the findings and decisions available to the public, at a reasonable cost. 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. Local School System Placement of a Student with a Disability in a Nonpublic School. 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. 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. A local school system shall initiate and conduct meetings to review the student's IEP in accordance with Regulations .07—.10 of this chapter. A nonpublic school shall contact the local school system to request IEP team meetings to review the student's IEP, as appropriate. 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. 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. 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. The consultation described in §B(2) of this regulation shall include a review and discussion of the: Child find process; Proportionate amount of federal funds available for services; Consultation process; Provision of services to parentally placed nonpublic school students with disabilities; and Written explanation of the local school system decision. 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. 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. 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. 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. Before removing a student from a local school system, a parent shall notify the local school system of the parent's: Decision to reject the local school system's proposed placement; Concerns leading to the decision to remove the student from the local school system; and Intentions to enroll the student in a nonpublic school at public expense. The parent shall provide notice as described in §B(3)(b) of this regulation by: Informing the IEP team at the most recent meeting the parent attended before the removal of the student; or 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. 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). Reimbursement may be reduced or denied by the impartial hearing officer or court if the: Parent failed to notify the local school system of the decision as described in §B(3)(b) of this regulation; Parent's actions were unreasonable; or 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. An impartial hearing officer or court may not reduce or deny reimbursement if: The public agency prevented the parent from providing notice as described in §C(2) and (3) of this regulation; 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 Providing notice would likely result in physical harm to the student. 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: The parent is illiterate or cannot write in English; or Providing notice would likely result in serious emotional harm to the student. 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. 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. Education Article, §§2-205, 7-305, 8-301—8-307, 8-3A-01—8-3A-08, and 8-401—8-416;Human Services Article, §§8-401—8-409; Labor and Employment Article, §§11-801 and 11-901 et seq.;State Government Article §9-1607.1; Annotated Code of MarylandFederal Statutory Reference: 20 U.S.C. §§1411—1416;Federal Regulatory References: 34 CFR 99, 300, and 301 Effective date: March 5, 1975 (2:9 Md. R. 666) Chapter revised effective June 25, 1975 (2:14 Md. R. 1020) Regulation .15E amended effective August 18, 1976 (3:17 Md. R. 916) Chapter revised effective May 19, 1978 (5:10 Md. R. 782) Regulation .06F amended effective November 2, 1979 (6:22 Md. R. 1780); August 27, 1984 (11:17 Md. R. 1493) Regulation .06G adopted effective July 13, 1979 (6:14 Md. R. 1209); amended effective June 27, 1980 (7:13 Md. R. 1280); June 7, 1983 (10:11 Md. R. 977); March 24, 1986 (13:6 Md. R. 683); June 30, 1986 (13:13 Md. R. 1493); April 6, 1987 (14:7 Md. R. 833); November 2, 1987 (14:22 Md. R. 2340) Regulation .08 adopted effective October 25, 1982 (9:21 Md. R. 2107) Annotation: COMAR 13A.05.01 cited in Attorney General Opinion No. 82-034 (November 18, 1982) Chapter revised effective September 4, 1989 (16:17 Md. R. 1886) Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective December 23, 1991 (18:25 Md. R. 2757) Regulations .06—.11 repealed and new Regulations .06—.16 adopted effective December 23, 1991 (18:25 Md. R. 2757) Regulation .12E amended effective March 29, 1993 (20:6 Md. R. 582) Chapter, Programs for Students with Disabilities (Birth through Age 20), repealed and new chapter, Provision of a Free Appropriate Public Education, adopted effective July 1, 1999 (26:8 Md. R. 616) Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .02A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530) Regulation .03B amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530); May 16, 2011 (38:10 Md. R. 615); January 2, 2017 (43:26 Md. R. 1447); March 21, 2022 (49:6 Md. R. 405) Regulation .04 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .05 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .05D amended effective January 2, 2017 (43:26 Md. R. 1447) Regulation .06 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .06B amended effective November 8, 2004 (31:22 Md. R. 1596); January 2, 2017 (43:26 Md. R. 1447) Regulation .06D amended effective May 16, 2011 (38:10 Md. R. 615) Regulation .06D, E amended effective October 5, 2009 (36:20 Md. R. 1530) Regulation .07 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .07A amended effective January 2, 2017 (43:26 Md. R. 1447) Regulation .07A, C amended effective January 21, 2002 (29:1 Md. R. 24) Regulation .07D amended effective May 16, 2011 (38:10 Md. R. 615) Regulation .08 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .08A amended effective January 21, 2002 (29:1 Md. R. 24); October 5, 2009 (36:20 Md. R. 1530); January 2, 2017 (43:26 Md. R. 1447); October 9, 2017 (44:20 Md. R. 946) Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 405) Regulation .09 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .09A amended effective March 21, 2022 (49:6 Md. R. 405) Regulation .09C amended effective October 5, 2009 (36:20 Md. R. 1530) Regulation .09G adopted effective March 21, 2022 (49:6 Md. R. 405) Regulation .10 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1530) Regulation .11 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .12 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .12B amended effective January 21, 2002 (29:1 Md. R. 24) Regulation .13A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .13B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530) Regulation .14 amended effective January 21, 2002 (29:1 Md. R. 24) Regulation .14B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); February 24, 2020 (47:4 Md. R. 262) Regulation .15 amended effective May 7, 2007 (34:9 Md. R. 826) Regulation .15C amended effective January 21, 2002 (29:1 Md. R. 24); June 23, 2003 (30:12 Md. R. 789); October 5, 2009 (36:20 Md. R. 1530) Regulation .16 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826) Regulation .16A amended effective June 23, 2003 (30:12 Md. R. 789) Regulation .16C amended effective May 16, 2011 (38:10 Md. R. 615)