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<regulation prefix="Regulation" num=".13" citation="COMAR 13A.05.02.13" title_num="13A" subtitle_num="05" chapter_num="02" heading="Local Public Agency Administration.">
  <paragraph num="A.">
    <text>Assurance.</text>
    <paragraph num="(1)">
      <text>A local school system shall ensure that all students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, residing within the jurisdiction of the local school system are located, identified, evaluated, and provided services consistent with 20 U.S.C. §§1400—1419, 34 CFR 300 and 301, Education Article, §§8-401—8-415, Annotated Code of Maryland, and COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Students under §A(1) of this regulation include:</text>
      <paragraph num="(a)">
        <text>Students with disabilities attending private schools within the jurisdiction of the local school system;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Highly mobile students;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Migrant students;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Homeless students, as defined in COMAR 13A.05.09;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Wards of the State, as defined in 34 CFR §300.45 and Education Article §8-412, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade, in accordance with 34 CFR §300.101.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Interagency Collaboration. A local school system shall establish and maintain interagency planning and program implementation agreements for students with disabilities in the manner specified by the Department or Article 49D, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Local Application for Federal Funds.</text>
    <paragraph num="(1)">
      <text>A public agency shall submit a local application for Part B funds annually, in the manner specified by the Department, consistent with 20 U.S.C. §1413(a), including:</text>
      <paragraph num="(a)">
        <text>Grant budgets;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Policies and procedures for the implementation of FAPE for students with disabilities, consistent with federal and State laws and regulations; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A staffing plan consistent with §D of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall review the local application, as described in §C(1) of this regulation, and issue a written decision to the public agency.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department shall prohibit a public agency from reducing maintenance of effort for any fiscal year, consistent with 20 U.S.C. §1413(a)(2), 34 CFR §300.203, and COMAR 13A.02.05, and in accordance with 20 U.S.C. §1416(f), if the Department determines a public agency is not meeting the:</text>
      <paragraph num="(a)">
        <text>Requirements of the Act; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Targets in the State performance plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Early Intervening Services. A local school system may use not more than 15 percent of the federal funds received under the Act to develop and implement coordinated early intervening services in accordance with 20 U.S.C. §1413(f) and 34 CFR §300.226.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Disproportionality. A local school system shall reserve 15 percent of the federal funds in accordance with 20 U.S.C. §1418(d)(2)(B) and 34 CFR §300.646 to provide comprehensive, coordinated early intervening services consistent with 20 U.S.C. §1413(f) and 34 CFR §300.226 to serve students identified in those groups where significant disproportionality exists.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A public agency shall make available all documents relating to the eligibility of the public agency in accordance with 20 U.S.C. §1413(a)(8) and 34 CFR §300.212.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Staffing Plan.</text>
    <paragraph num="(1)">
      <text>A public agency shall develop a staffing plan consistent with the procedures provided by the Department to ensure that personnel and other resources are available to provide FAPE to each student with a disability in the least restrictive environment as determined by an IEP team.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local board shall approve the staffing plan.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Procedural Safeguards.</text>
    <paragraph num="(1)">
      <text>A public agency shall establish and maintain procedures consistent with 20 U.S.C. §1415, 34 CFR §§300.500—300.536, and COMAR 13A.05.01.11—15 and .16C to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a FAPE.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Parent Surrogates. A public agency shall appoint a parent surrogate for a student with a disability, as described in COMAR 13A.05.01.11G and in accordance with Education Article, §8-412, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Continuum of Alternative Placements. A public agency shall ensure a continuum of alternative placements is available for students with disabilities who require special education and related services, consistent with COMAR 13A.05.01.10B.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Reports. A public agency shall submit reports at the time and in the manner specified by the Department.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Accessibility of Technology-Based Instructional Products.</text>
    <paragraph num="(1)">
      <text>A public agency shall ensure that a request for bid, request for proposal, and local public agency guidelines for the selection and evaluation of technology-based instructional products used by students include the requirements governing equivalent access consistent with Subpart B, Technical Standards, Section 508 of the Rehabilitation Act of 1973, as amended.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A public agency shall ensure that technology-based instructional products provide students with disabilities equivalent access unless doing so would:</text>
      <paragraph num="(a)">
        <text>Fundamentally alter the nature of the instructional activity;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Result in undue financial and administrative burdens on the public agency; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Not meet all other specifications.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a technology-based instructional product meets the criteria described in §H(2) of this regulation or is not available, the public agency shall implement an alternative method of instruction designed to enable a student with a disability to access the general curriculum and meet the student's IEP goals and objectives as specified in COMAR 13A.05.01.09A.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Local Special Education Citizens Advisory Committee.</text>
    <paragraph num="(1)">
      <text>Each local school system shall establish a special education citizens advisory committee to advise the local school system on the needs of students with disabilities within the jurisdiction.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall annually allocate federal funds to each local school system to support the activities of the local special education citizen advisory committee.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Each local school system shall submit a budget for the use of federal funds, consistent with §C(1)(a) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Charter Schools. A local school system shall serve students with disabilities attending charter schools in the same manner as the public agency serves students with disabilities in its other schools, in accordance with 20 U.S.C. §1413(a)(5) and Education Article, Title 9, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Medications. Public agencies may not require a student with a disability to obtain a prescription for a substance covered by the Controlled Substances Act, as described in 20 U.S.C. §1412(a)(25), as a condition of:</text>
    <paragraph num="(1)">
      <text>Attending school;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Receiving an evaluation; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Receiving special education and related services in accordance with COMAR 13A.05.01.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Personnel Development. A public agency shall ensure all personnel necessary to implement the Act are prepared in accordance with 20 U.S.C. §1412(a)(14), 34 CFR §300.207, and §2122 of the Elementary and Secondary Education Act of 1965.</text>
  </paragraph>
  <paragraph num="M.">
    <text>Purchase of Instructional Materials. A public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials in the same manner and subject to the same conditions as the Department as described in Regulation .04 of this chapter and in accordance with 34 CFR §300.210 and Education Article, §8-408(d), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="N.">
    <text>Reimbursement of Licensing Fee.</text>
    <paragraph num="(1)">
      <text>A local school system shall provide an amount equal to the initial licensing fee or renewal of license fee to an audiologist or speech-language pathologist, in accordance with Education Article, §6-112.1, Annotated Code of Maryland, who:</text>
      <paragraph num="(a)">
        <text>Provides audiology and speech language services on a third-party billing basis in schools; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is licensed by the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An audiologist or speech-language pathologist shall reimburse the local school system the full amount of aid received if the audiologist or speech-language pathologist does not:</text>
      <paragraph num="(a)">
        <text>Complete all the requirements for renewal of a license; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide audiology or speech-language pathology services on a third-party billing basis in a school.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="O.">
    <text>Transition from a Local Infants and Toddlers Program. The public agency shall ensure that a representative of the public agency attends the local infants and toddlers transition planning meeting as described in 20 U.S.C. §1437(a)(9)(A)(ii)(II).</text>
  </paragraph>
</regulation>