This chapter implements Education Article, Title 22, Subtitle 3, Annotated Code of Maryland, for the conduct and management of the Juvenile Services Educational Program in residential facilities of the Department of Juvenile Services (DJS) in order to meet the special needs and circumstances of the students in the residential facility. In this title, the following words have the meanings indicated. Terms Defined. “Department” means the Maryland State Department of Education. “Director” means the Director of the Juvenile Services Educational Program. “Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department of Juvenile Services operates a program. “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 COMAR 13A.05.01.08 and .09. “Program” means a discrete and defined grouping of services provided to youth in the custody of or under the supervision of the DJS to address educational needs. “Residential facility” means a facility established under Human Services Article, §9-226, Annotated Code of Maryland. “Residential facility school” means the school located in a DJS residential facility. The Department shall provide a comprehensive education program for youth in DJS residential facilities to meet the public school standards set forth in COMAR 13A.01.04. The Program consists of instruction to allow students to achieve credit requirements and assessments necessary to progress towards the standards for graduation from a public high school in Maryland consistent with the requirements of COMAR 13A.03.02. The Program prepares students to successfully obtain a Maryland High School Diploma by examination. The Juvenile Services Educational Program is a local education agency as defined by 20 U.S.C. §7801(26) of the Elementary and Secondary Education Act and public agency as defined by COMAR 13A.05.01.03B(59). The Program shall operate at least 220 school days and a minimum of 1,320 school hours during a 12-month period. The Program shall have a written calendar that states the specific days and total number of days for the implementation of its educational program. The Program shall have a written schedule for each school that states the beginning and end of the 6-hour school day and the specific time periods during the school day when the areas of instruction are implemented. The Program shall provide unit-based instructional services a minimum of 6 hours per week to students who are unable to attend the Residential Facility School because of illness or injury. Student academic achievement will be formally assessed upon intake into the education program to determine appropriate instructional placement. Student academic achievement will be formally assessed after 30 days of enrollment to determine academic gains in reading and math. Certificates of achievement will be awarded to students based on demonstrated gains. Eligible students with disabilities will receive special education and related services as specified in an existing IEP or based upon the determination of eligibility as a student with a disability by the Residential Facility School IEP team in accordance with COMAR 13A.05.01 . Instructional personnel shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.02. Residential Facility School and Juvenile Services Educational Program administrators shall obtain and maintain a valid Maryland Educator Certificate in accordance with COMAR 13A.12.01 and 13A.12.04. Teacher Evaluation. Teachers will be evaluated in accordance with the established State Performance and Evaluation Program set forth in COMAR 17.04.03.21. Evaluations will meet the requirements for Evaluation of Professional Certified Personnel set forth in COMAR 13A.07.04.02 and 13A.07.04.03. The Department and DJS shall execute a memorandum of understanding outlining responsibilities of each agency in the provision of education to students in the residential facilities. All residential facility schools shall incorporate and adhere to the residential facility behavior management program established by the DJS. The Juvenile Services Educational Program will establish policies and procedures to obtain, maintain, and share student records as specified in the Program Policy and Procedure Manual and consistent with COMAR 13A.08.02. The Department may transfer education records to DJS personnel who have been determined by the Department to have legitimate educational interests. Education Article, §22-305, Annotated Code of Maryland, establishes an Education Coordinating Council for Juvenile Services Educational Programs within the Maryland State Department of Education. The Education Coordinating Council shall develop, recommend, and approve an educational program for each residential facility to meet the special needs and circumstances of the children in DJS residential facilities in accordance with Education Article, §22-306, Annotated Code of Maryland. The Council shall actively advocate and promote the interests of educational programs and opportunities in programs of the Department of Juvenile Services. On a regular basis the Council shall meet to review the effectiveness of the program of educational instruction. Education Article, §§22-301—22-310, Annotated Code of Maryland Effective date: April 18, 2011 (38:8 Md. R. 506)