Title 13A — Subtitle 06. Supporting Programs

National School Lunch Program, 42 U.S.C. §§1751—1760, 1769a, and 1779, and 7 CFR Part 210;

Special Milk Program, 42 U.S.C. §§1772 and 1779, and 7 CFR Part 215;

School Breakfast Program, 42 U.S.C. §§1773 and 1779, and 7 CFR Part 220;

Summer Food Service Program, 42 U.S.C. §§1758, 1761, and 1762a, and 7 CFR Part 225;

Child and Adult Care Food Program, 42 U.S.C. §§1758, 1759a, 1762a, 1765, 1766, and 1766a, and 7 CFR Part 226;

Nutrition Education and Training Program, 42 U.S.C. §1788, and 7 CFR Part 227;

State Administrative Expense Funds, 42 U.S.C. §§1776 and 1779, and 7 CFR Part 235;

Cash in Lieu of Donated Foods, 42 U.S.C. §§1751, 1755, 1762a, 1765, 1766, and 1779, and 7 CFR Part 240;

Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, 42 U.S.C. §§1751—1752, 1758, 1759a, 1760, 1772—1773, and 1779, and 7 CFR Part 245; and

Food Distribution Program, 42 U.S.C. §§1751, 1755, 1758, 1760—1762a, and 1766, and 7 CFR Part 250.

This chapter applies to the administration of the National School Lunch Program, the School Breakfast Program, the Special Milk Program, the Summer Food Service Program, the Child and Adult Care Food Program, Nutrition Education and Training Program, State Administrative Expense Funds, Cash in Lieu of Donated Foods, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and the Food Distribution Program pursuant to the federal programs standards set forth in this regulation and pursuant to the terms and conditions set forth in the agreements between the State Department of Education and the local educational agencies, and institutions, commercial food processors, and other contractors.

Local educational agencies and institutions participating in the federal programs set forth in this regulation shall maintain a financial management system as authorized by the federal regulations and prescribed by the Department in compliance with the Financial Reporting Manual for Maryland Public Schools Revised 2009, which is incorporated by reference at COMAR 13A.02.01.02C.

“Administrative hearing” means the fair hearing provided upon request to:

“Appellant” means a local educational agency, institution, or responsible principal or individual.

“Department” means the State Department of Education, the State agency designated to administer food and nutrition programs.

“Director” means the Director of the Office of School and Community Nutrition Programs within the State Department of Education.

“Institution” means an agency that is participating in or applying to participate in a program.

"Local educational agency” has the meaning stated in 7 CFR §210.2.

“National Disqualification List” means the list maintained by the U.S. Department of Agriculture of institutions, responsible principals and responsible individuals, and day care homes disqualified from participation in the Child and Adult Care Food Program authorized by Section 17 of the National School Lunch Act, as amended, in accordance with 7 CFR §226.2.

“Program” means the National School Lunch Program, Special Milk Program, School Breakfast Program, Summer Food Service Program, or Child and Adult Care Food Program.

For all programs:

For all programs except the Summer Food Service Program:

For all programs except the Child and Adult Care Food Program, program participation termination for an institution or site.

U.S. Department of Agriculture decision on claim deadline exceptions and requests for upward adjustments to a claim;

Determination of serious deficiency;

Disqualification and placement on the national disqualified list; and

Termination of participation in a Program.

The institution or local educational agency shall be advised in writing of the grounds on which the Department based its action affecting the institution's participation in a program, reimbursement, or other actions noted in §A of this regulation. The notice of action shall be sent by certified mail with return receipt requested, email, and standard mail.

A notice is considered received by the institution or responsible principal or responsible individual when it is delivered, sent by facsimile, or sent by email.

If the notice is undeliverable, it is considered to be received by the institution, responsible principal, or responsible individual 5 days after being sent to the addressee’s last known mailing address, facsimile number, or email address.

Except for the Summer Food Service Program, the institution or local educational agency may request an administrative hearing by filing a written request for a hearing with the Director of the Department not later than 15 calendar days after the date the notice of action is received. The request for a hearing shall clearly identify the action appealed and contain a brief statement of the reasons for requesting a hearing.

The Department's action shall remain in effect during the hearing process.

Participating institutions or local educational agencies may continue to operate under the Program during the hearing process of a proposed termination unless the action is based on imminent dangers to the health or welfare of participants or for submission of a false or fraudulent claim.

If the institution or local educational agency has been terminated based on imminent dangers to the health or welfare of participants, the Department shall so specify in its notice of action.

Institutions or local educational agencies electing to continue operating while the proposed termination is under review shall be reimbursed for valid claims submitted during the period of review in accordance with 7 CFR Parts 210—299.

The Director shall delegate a request for a review hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.

The review hearing shall be conducted by an administrative law judge in accordance with COMAR 28.02.01.

The institution or local educational agency shall be provided with at least 10 calendar days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing.

An institution may retain counsel or may be represented by an individual designated through a properly executed power of attorney form. Individuals may represent themselves or retain counsel.

Except as provided in §F(6) for the Summer Food Service Program, the administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies and procedures governing the Program and shall be submitted to the Director and to the institution or local educational agency within 60 days of the Department’s receipt of the request for a hearing, unless:

Exception — Summer Food Service Program — Appeal of Department Action.

Exception — Child and Adult Care Food Program — Abbreviated Administrative Review. If the institution or local educational agency appeals the Department’s action as described in §F(6) of this regulation and a hearing is requested, the Department shall limit the administrative hearing to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because:

Exception — National School Lunch and School Breakfast Programs — Appeal of Department Action. An institution or local education agency may refute the action specified in the notice in person and by written documentation to the administrative law judge. The action may be refuted as follows:

“Accredited” means meets standards of high quality set by the Department’s Early Childhood Accreditation Program Standards or by an accrediting organization recognized by the Department.

“Bridge to Excellence Master Plan” means the comprehensive master plan required by Education Article, §5-401, Annotated Code of Maryland.

“Department” means the Maryland State Department of Education.

“CDA” means the Child Development Associate Credential.

“Economically disadvantaged background” means a family whose income would make a child eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture if the child were in kindergarten.

“Eligibility” means meeting the criteria for enrollment into prekindergarten as stated in Regulation .03A of this chapter.

“Head Start” means a federally sponsored preschool program for children 3 years old to 5 years old from low income families that is licensed by Child Care Administration or administered by local boards of education.

“Homeless student” means a child or youth who lacks a fixed, regular, or adequate nighttime place of residence as defined in COMAR 13A.05.09.02.

“Maryland Common Core State Curriculum” means measurable statements of what students should know and be able to do within a content area as defined and approved for prekindergarten by the Department in collaboration with local school systems.

Prekindergarten” means a publicly funded program for all eligible 4-year-olds focusing on social/emotional, physical, and cognitive development as described in the Maryland Common Core State Curriculum.

“Qualified vendor” means a State or nationally accredited child care program or an approved nonpublic school that:

“School readiness” means the stage of early development that enables an individual child to engage in and benefit from early learning experiences. As a result of family nurturing and interactions with others, a young child in this stage has reached certain levels of social and emotional development, cognition and general knowledge, language development, and physical well-being and motor development. School readiness acknowledges individual approaches toward learning as well as the unique experiences and backgrounds of each child.

A local school system or qualified vendor may establish a prekindergarten program enrolling 3-year-old applicants who are from economically disadvantaged or homeless families, or who represent a student population that exhibits a lack of school readiness.

A local school system shall be in compliance with 34 CFR §300.115(a)(b) and COMAR 13A.05.01.10 regarding children with disabilities.

A prekindergarten program for 3-year-old children shall meet the requirements of Regulation .05 of this chapter.

Develop and maintain a policy for determining the eligibility and selection of prekindergarten sites as well as the eligibility of 4-year-old students for prekindergarten programs consistent with the requirements of this chapter;

Develop criteria in reference to Regulation .03B and C of this chapter that establishes procedures to include children in the prekindergarten program who are not eligible under Regulation .03A of this chapter;

Operate the prekindergarten educational program 5 days per week for a minimum of 2.5 hours per day consistent with the school calendar approved by the local board;

Analyze the Department-approved kindergarten assessment system information described in COMAR 13A.08.01.02-3 to evaluate the effectiveness of the prekindergarten program, and make necessary adjustments to the prekindergarten instructional program;

Provide data in the Bridge to Excellence Master Plan needs assessment to indicate progress on prekindergarten program goals;

Provide staffing for each session of prekindergarten to include a teacher who possesses a current State professional certificate in early childhood education and a para-professional with a minimum of a high school diploma, or its equivalent, or a CDA;

Align each prekindergarten program with the Maryland Common Core State Curriculum;

Based on the September 30 enrollment count, maintain an average staff to student ratio of 1:10 with an average of 20 students per classroom; and

Provide responses to Department requests for information and data related to the operation of the prekindergarten program.

Maintain State or national early childhood program accreditation;

Have the capacity to meet the responsibilities identified in this regulation;

Be licensed to operate a child care center pursuant to COMAR 13A.16; and

Provide responses to Department requests for information and data related to the operation of the prekindergarten program.

The outside participation may not conflict with the practice or contests schedule of the school including district, regional, and State championship play unless prior written approval has been obtained from the school principal and coach;

Students who elect to participate on an outside team and do not participate and practice with the school team throughout the designated sport's season are ineligible to represent the school in all contests that determine a county, district, regional, or State championship during that sport season.

Graduates of high schools are not eligible to practice with or participate on interscholastic sports teams. However, they may participate in the remaining athletic contests of that semester.

Students are considered graduates when they have completed the work required for graduation and are declared graduates by the local board of education.

“Fall” means the 6th Wednesday following the first Sunday of July, until the final date of the local, conference, district, regional, or State tournament.

“Winter” means November 15th until the final date of the local, conference, district, regional, or State tournament.

“Spring” means March 1st until the final date of the local, conference, district, regional, or State tournament.

When November 15th or March 1st falls on Sunday, practice will start the preceding Saturday.

Sanctioned Events. Local school systems may approve the participation of member schools to practice and compete in sanctioned National Federation of High Schools (NFHS) and MPSSAA events outside the defined sport season.

Required Practice. A member MPSSAA school may not participate in a regularly scheduled game until at least 20 calendar days have elapsed after and including the first day of practice. Golf is the only exception to this regulation.

All school athletic schedules shall be established according to the following instructions:

Conference/League Championships. One additional contest beyond the maximum allowable number may be played to determine a conference/league championship. The results of that contest may not count towards MPSSAA standings.

Postponed Games. Postponed contests may be rescheduled during the season, provided the number of games does not exceed the maximum number permitted in a week plus one additional contest.

Students may not be excluded on the basis of sex from overall equal opportunity to participate in athletic programs. If a school sponsors a team in a particular sport for members of one sex but sponsors no such team for members of the opposite sex, and before July 1, 1975, overall opportunities for members of the excluded sex have been limited, the excluded sex shall be allowed to try out for the team.

Athletics Equity for Students with Disabilities.

Member MPSSAA schools shall employ as coaches:

If no acceptable and qualified coaches are available from the teachers or certifiable professional educators employed by the local board of education, temporary emergency coach may be employed if the following procedures are followed:

All coaches shall have completed or be enrolled in a one-credit course in the prevention and care of athletic injuries.

Member MPSSAA schools may permit volunteer athletic coaches to assist their coaching staff. The volunteer coaches may not serve as head coaches at any level and shall work only under the direction of the head coach. The volunteer coach may be used if the following procedures are followed:

Each local school system and state tournament committee shall establish guidelines that ensure a minimum loss of instructional time for coaches and students involved in interscholastic athletic contests.

Students who participate on both varsity and junior varsity teams may not play in a number of contests that exceed the maximum number allowed for that sport in a week or season. Students may not compete on both a varsity and junior varsity level against the same school on the same day.

Except as set forth in Regulation .03 of this chapter, school athletic teams may not participate in any contests representing their school.

Member MPSSAA schools may not play or practice on Sundays.

Individual students may participate in all-star games and events, upon completion of their eligibility in the sport in which this participation occurs.

Member MPSSAA schools shall practice with or play against only high school teams as defined in §H of this regulation.

Individual students or teams representing a member MPSSAA school shall participate only in games, meets, or tournaments which are conducted by appropriate educational institutions.

Member MPSSAA schools may not enter competition preliminary to a college or professional game.

A varsity or junior varsity team member of the previous season may not participate in interscholastic competition and in intramurals or school sponsored athletic programs in the same sport outside the sport season.

Students shall have their minimum weight class in which they can wrestle certified by a qualified physician before the students' first match.

Students may not wrestle below the minimum weight class established for them at the time of certification.

A wrestling meet is a contest involving two or three schools.

A wrestling tournament is a contest involving four or more schools.

Member MPSSAA schools and coaches of member schools shall confine school practices to:

A coach may not coach a team representing the coach’s school beyond the defined competition opportunities designated in Regulation .03 of this chapter unless during approved local school system sponsored summer camps.

Students may attend a summer sports camp of their choice.

Students and member schools may participate in summer camps that are sponsored by the local school system.

MPSSAA member schools and coaches may not require school personnel or students to participate in a summer camp.

Participation in summer camps is strictly voluntary and does not have any bearing on seasonal participation.

It is a violation of the out-of-season practice rule established in Regulation .03 of this chapter for coaches of member MPSSAA schools, while affiliated with a camp that is not sponsored by the local school system, to conduct any form of team or group practice involving their school.

A member MPSSAA school may not provide school uniforms or equipment for students who attend a camp outside of the defined sports season in Regulation .03 of this chapter.

Member MPSSAA schools shall only practice with or play against high school teams that:

High school teams that meet these purposes include high school teams that:

To verify compliance under §H(2)(d) of this regulation, the administrative head of the school who is responsible for the day-to-day administration of the school shall:

Against a member MPSSAA school:

Against a student:

Against a coach:

First — Any member MPSSAA school, student, or coach shall notify the local supervisor of interscholastic athletics and the MPSSAA Executive Director of the alleged violation.

Second — The superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located shall convene a hearing within 5 school days.

Third — If the superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located concludes that a violation has occurred, a penalty shall be imposed in accordance with this regulation.

Fourth — A report of the hearing and decision in the local school system shall be forwarded to the Executive Director of the MPSSAA.

Fifth — The MPSSAA Executive Director, in consultation with the appropriate committees, or the Executive Council of the MPSSAA, shall review the report of the local hearing and decision in the local school system. The MPSSAA Executive Director shall either accept the penalty imposed or modify the penalty in accordance with this regulation.

A member MPSSAA school, student, or coach may appeal the imposed penalty within 30 days and request a hearing before the Appeals Committee of MPSSAA.

The Appeals Committee of the MPSSAA serves in a quasi-judicial capacity.

The membership of the MPSSAA Appeals Committee shall include one representative from each district in the Association and a representative from the Association of Secondary School Principals. Five members will constitute a quorum.

The MPSSAA Executive Director shall notify the Appeals Committee of the hearing and establish a date, time, and hearing site. The appealing school, student, or coach, or all of the above, shall be notified of the date, site, and time of the hearing.

The MPSSAA Executive Director or the Executive Director's designee shall present the case to the Appeals Committee on behalf of the MPSSAA.

The principal of the involved school, the student, or coach, or all of the above, shall present grounds for appeal. If appropriate, the local school system's supervisor of interscholastic athletics involved in the appeal may present the case.

The MPSSAA Appeals Committee shall convene in closed session and vote to deny or uphold the appeal or modify the penalty. A majority vote is required to deny or uphold an appeal or modify the penalty.

The MPSSAA Appeals Committee shall report its findings to the concerned parties.

Any party aggrieved by the MPSSAA Appeals Committee decision may appeal the decision to the State Superintendent of Schools within 30 days after receipt of the Appeals Committee decision. The State Superintendent of Schools, upon examination of the facts, may, in his or her discretion, allow the appeal and appoint a special committee of three local superintendents of schools to hear the appeal. The committee of superintendents may deny or uphold the appeal or modify the penalty.

Unless otherwise ordered by the State Superintendent of Schools, the application for appeal to the State Superintendent of Schools may not stay the enforcement of the MPSSAA Appeals Committee decision, or excuse the person affected thereby from complying with its terms.

The decision of the committee of local superintendents of schools is final.

A member of the MPSSAA Appeals Committee or the committee of local superintendents of schools may not hear an appeal if that member has offered advice, made a recommendation, rendered a decision, or in any other way participated in the case being appealed.

The tournament may not interfere with local board of education policy.

A member MPSSAA school or local school system may decide whether or not to participate in the tournament.

A member MPSSAA school shall compete in its classification when the tournament is so structured.

Certified and approved officials' organizations shall be assigned games in a fair, equitable, and nondiscriminatory manner.

All awards and recognition shall conform to Regulation .08 of this chapter.

MPSSAA tournament committees shall make every effort to establish game sites to avoid extensive travel for participating teams.

All policy and procedure changes for State tournaments shall be subject to the approval of the MPSSAA Executive Council with the Association Tournament Committee serving in an advisory capacity. Emergency decisions on tournament policies and procedures may be made by the MPSSAA Executive Director.

When a student is found ineligible during the progress of a tournament, the contest last played shall be forfeited, and the team which was defeated shall take its place.

“All-star teams” or best “individual athlete” awards may not be selected from approved tournaments.

Sports at the State tournament level shall be governed by approved game rules.

If a team or any students participating in a State tournament contest leaves the field of competition before completion of a contest, or fails to continue play when eligible to do so, or is guilty of misconduct detrimental to the tournament, then the team, coach, or students may be suspended from further participation in the current tournament, and from the same tournament in the succeeding year, upon the determination of the tournament committee and the Executive Director.

The rules of the MPSSAA do not provide authority to order games replayed. Protests arising from decisions and interpretations by officials during the game will not be considered. Officials' decisions and interpretations are final.

A school, school related, or nonprofit group may purchase and present to a student for athletic achievement a school insignia, medal, pin, or similar article;

Awards from outside the school may be given to individual athletes or school teams provided the awards are approved by the local superintendent, meet MPSSAA guidelines, and the presentation is made at a school-approved function.

Sanctioning for Interstate Competition.

Sanctioning for Intrastate Competition.

MPSSAA Sanction Guidelines. The following criteria shall be met for sanction approval by the MPSSAA:

“Corollary Athletic Program” means a program that is not governed by the requirements of COMAR 13A.06.03 and COMAR 13A.04.13 and that is specifically designed to combine groups of students with and without disabilities together in physical activity.

“Department” means the Maryland State Department of Education.

Interscholastic Athletic Programs means programs governed by the requirements of COMAR 13A.06.03.

“Student with a disability” means:

Be officially registered and attending a Maryland Public School; and

Present to their school principal, or the principal's designee, a form from a parent or guardian giving permission for participation.

Shall be officially registered and attending a Maryland Public School;

Shall present to their high school principal, or the principal's designee, a form from a parent or guardian giving permission for participation;

Shall be making satisfactory progress toward:

May not have participated on an interscholastic athletic team in the same sport.

State the alleged violation;

Contain a brief statement of facts necessary to understand the complaint;

Contain a brief statement of relief sought; and

Be filed within 30 days of the discovery date of the alleged violation.

State the total number of students who participated in the Interscholastic Athletic Program and the Corollary Athletic Program along with the total number of students with disabilities as defined in Regulation .02B of this chapter who participated in the Interscholastic Athletic Program and the Corollary Athletic Program; and

Provide a copy of the plans, policies and procedures developed by the local school systems under Regulation .03 of this chapter.

Submit Annual Reports on May 15;

Describe modifications of policies and procedures by the local school system to engage students with disabilities in the Interscholastic Athletic Program and the Corollary Athletic Program; and

State the total number of students who participated in the Interscholastic Athletic Program and the Corollary Athletic Program along with the total number of students with disabilities as defined in Regulation .02B of this chapter who participated in the Interscholastic Athletic Program and the Corollary Athletic Program.

“Accessible educational materials (AEM)” means print- and technology-based educational materials, including printed and electronic textbooks and related core materials that are designed or converted in a way that makes them usable across the widest range of individual variability regardless of format (print, digital, audio, video, etc.).

“Accessible technology” means any device, hardware, software, or handheld equipment that provides access to activities for everyone, including those with disabilities, and is designed to provide all individuals the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services with equivalent ease of use.

“Digital device” means an electronic device that uses discrete, numerable data and processes for all its operations.

“Digital learning” means any instructional practice that uses technology to support the student and/or educator learning experience.

“Digital learning resources” means digital materials and technologies that support teaching and learning.

“eTextbook” or “e-book” means a book made available in a digital format for display on a digital device.

“National Instructional Materials Access Center (NIMAC)” means a service that provides a national repository of source files for accessible media production of textbooks and related print core materials for use by eligible PreK—12 students.

Open Educational Resources (OERs).

Public Agency.

“Textbook” means a book available in print or digital format or a compilation of digital instructional resources that support content standards and curriculum.

“Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018)” means a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally.

The selection, acquisition, equitable distribution, and sustainability of available, quality-assured digital formats of textbooks (i.e., eTextbooks, e-books, or a compilation of OERs), digital devices, and digital learning resources for all students;

The selection and availability of equitable Accessible Educational Materials (AEM) to meet the needs of all students; and

The privacy and acceptable use of digital devices and resources.

Protective Eye Devices for General Use. All students, teachers, and visitors upon entering and participating in career and technology education or technology education laboratories, or visual arts classrooms and studios in the public schools, where the activities enumerated in the law are in progress, shall be required to wear, for general use, protective eye devices meeting the specifications of the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979 and OSHA Safety and Health Standard 29 CFR §1910.133, both of which are incorporated by reference.

Protective Eye Devices for Special Areas Within a Laboratory or Visual Arts Classroom or Studio.

Protective eye devices shall be available in all courses in chemistry and biology, in all laboratory-centered general science courses, in physics and other physical science courses, and in ceramics, photography, and printmaking courses.

Protective Eye Devices for General Use.

Use of Protective Eye Devices.

Protective Eye Devices for Visitors. Protective eye devices shall be made available to all visitors entering science laboratories or visual arts classrooms and studios identified above. Visitors shall be required to wear the protective devices when caustic or explosive chemicals or hot liquids or solids are actually in use.

Accident.

“Adulterated specimen” means a specimen that contains a substance that:

“Alternative school vehicle” means a vehicle that is used to transport pupils from home to school or school to home as well as to and from school related activities that is neither a Type I nor a Type II school vehicle as stated in Transportation Article, §11-154, Annotated Code of Maryland.

“Alternative school vehicle driver” means a driver who is seeking or has been exclusively certified at the local level to operate an alternative school vehicle.

“Appreciable damage” means property damage in excess of $3,000.

“Appropriate medical examination” has the meaning stated in COMAR 11.19.05.01.

“Assistant supervisor of transportation” means an individual with high level management responsibilities who reports directly to the supervisor of transportation.

“Behind-the-wheel instruction” means time spent driving a school vehicle during preservice or in-service instruction.

“Commercial motor coach” means a bus that:

“Department” means the Maryland State Department of Education.

“External observation” means a school bus driver observation conducted from another vehicle while the school bus driver is on an established route.

“Incapacitating injury” means an injury, other than fatal, that prevents the injured individual from walking, driving, or normally continuing the activities that the individual was capable of performing before the accident.

“Insubordination” means violating a lawful order or failing to obey a lawful order given by a superior.

“Loading zone” has the meaning stated in Transportation Article, §22-228(f)(1), Annotated Code of Maryland.

“Medical review officer” means a doctor of medicine or osteopathy who:

“Misfeasance” means performing a proper act in a wrongful or injurious manner or the improper performance of an act which might have been lawfully done.

Multifunction School Activity Bus (MFSAB).

“Nonpublic school” means nursery school, elementary school, and secondary school as stated in COMAR 13A.09.10.02B.

Off-Highway Loading Zone.

“On-highway loading zone” means a stop made completely off the travel portion of the roadway on a shoulder that is at least 81/2 feet wide.

“On-roadway stopping” means a stop made on the travel portion of the highway, not to include the shoulder.

“Personal injury” means an injury treated by a physician, dentist, or nurse, or in a hospital.

“Preventable accident” means an accident in which the driver failed to do everything the driver reasonably could have done to prevent it, according to accepted standards of the National Safety Council.

“Property damage” means injury to real or personal property, the amount of which is established by evidence of replacement values and cost of repairs.

“Safety-sensitive function” has the meaning stated in 49 CFR §382.107, which is incorporated by reference.

“School charter vehicle” has the meaning stated in Transportation Article, §13-420(c), Annotated Code of Maryland.

“School vehicle” has the meaning stated in transportation Article, §11-154, Annotated Code of Maryland.

“School vehicle attendant” means an individual who:

“School vehicle driver” means an individual who:

“School vehicle driver trainee” means an individual who has applied for employment with a local school system or an entity contracting with a school system and is seeking Department-required certification as a school vehicle driver.

“Seat belt” has the meaning stated in Transportation Article, §22-412, Annotated Code of Maryland.

“Shy bladder” means a donor is unable to provide a sufficient quantity of urine for a drug test.

“Student with a disability” has the meaning stated in COMAR 13A.05.01.03B.

“Substance abuse professional” means a person who meets the credentials, basic knowledge, qualifications, and training requirements in 49 CFR Part 40; Subpart O §40.281 to:

“Substituted specimen” means a specimen that is not consistent with human urine that has been submitted by the individual being tested for a controlled substance in place of the individual's own urine.

“Supervisor of transportation” means the individual designated to be responsible for the administration of the student transportation program in a local school system, or a designee.

“Taxicab” has the meaning stated in COMAR 20.90.02.04.

“Type I school vehicle” has the meaning stated in Transportation Article, §11-173, Annotated Code of Maryland.

“Type II school vehicle” has the meaning stated in Transportation Article, §11-174, Annotated Code of Maryland.

“Unsafe actions” means misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety.

“U.S. Department of Transportation” means an agency or operating administration of the U.S. Department of Transportation administering regulations requiring alcohol testing, drug testing, or both.

U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (as amended).

U.S. Department of Transportation, Federal Motor Carrier Safety Administration 49 CFR 382, Controlled Substances and Alcohol Use and Testing (as amended).

U.S. Department of Transportation, Federal Motor Carrier Safety Administration 49 CFR §§391.1, Qualifications of Drivers (as amended).

Be employed by or under contract with the Board of Education;

Have a high school diploma or a State high-school equivalency certificate;

Meet all Motor Vehicle Administration and Department requirements for school vehicle drivers contained in Regulation .06 of this chapter, unless an exception is approved in writing by the Department;

Have 3 years satisfactory service as a school vehicle driver;

Be certified under this regulation to conduct classroom instruction, behind-the-wheel instruction, or both.

Except as provided in §B(2) of this regulation, school vehicle driver instructor certification to provide classroom instruction requires successful completion of the Department-sponsored 3-day school bus driver instructor workshop.

If the school vehicle driver instructor is required to provide classroom instruction before the school bus driver instructor workshop referenced in §B(1) of this regulation is available to attend, the individual shall do the following to be certified as a school vehicle driver instructor:

Meet all licensing requirements of the Motor Vehicle Administration, including commercial driver's license requirements with appropriate endorsements;

Have not more than two current points on the individual's driving record and a satisfactory past driving record as determined by the supervisor of transportation;

Complete the preservice instruction required under Regulation .10A of this chapter;

Have no evidence of a criminal history which would be a disqualifying condition under Regulation .07C of this chapter or an action under Regulation .07D of this chapter, either of which in the opinion of the supervisor of transportation makes the individual unfit for employment;

Be 21 years old or older;

Satisfactorily pass the appropriate medical examinations for school vehicle drivers under COMAR 11.19.05.01; and

Receive a negative controlled substances test result required under Regulation .11 of this chapter.

Do the following:

Demonstrate the capacity to make appropriate decisions, especially in emergency situations; and

Properly wear a seat belt when the school vehicle is in operation.

A qualified school vehicle driver instructor certified under Regulation .05 of this chapter, a supervisor of transportation, or an assistant supervisor of transportation shall evaluate each driver at least once every 2 years.

For regular school vehicle drivers, the evaluator shall:

For substitute school vehicle drivers, an evaluator may conduct an evaluation over a sample route for a minimum of 30 minutes and incorporate all the elements of a regular school vehicle driver evaluation, except for student and driver interaction.

Except as set forth in §B(2) of this regulation, a school vehicle driver or trainee shall be disqualified from driving a school vehicle if the driving record shows three current points.

If a school vehicle driver has three current points while employed as a school vehicle driver and the supervisor of transportation wishes to retain the individual as a school vehicle driver, the supervisor of transportation shall place a letter in the driver's individual personnel file listing sufficient reasons for continued qualification of the driver as a school vehicle driver.

If a school vehicle driver or trainee has more than three current points, the driver may not operate a school vehicle.

A local school system shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual:

A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(i) — (vii) of this regulation is permanently disqualified from operating a school vehicle in Maryland, except as provided in §C(1)(a)(iv) of this regulation.

A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(viii) of this regulation is disqualified from operating a school vehicle for a minimum of 10 years from the date of the action.

A school vehicle driver or trainee who engages in conduct prohibited under Regulation .11B(2) of this chapter is disqualified from operating a school vehicle in Maryland, except as provided under Regulation .11D of this chapter.

The school vehicle driver or trainee shall report to the supervisor of transportation a school vehicle accident involving personal injury or property damage as soon as practicable after the accident.

A school vehicle driver or trainee who fails to report an accident as soon as practicable following the accident is disqualified from operating a school vehicle. The duration of the disqualification is at the discretion of the supervisor of transportation.

An accident involving an incapacitating or fatal injury, or appreciable damage shall be reviewed by the local transportation staff.

A driver who has a preventable accident involving personal injury or appreciable damage shall:

A school vehicle driver or trainee who has had two preventable accidents involving personal injury or appreciable damage in a 24-month period may not operate a school vehicle in any local school system for a period of 5 years from the date of the last accident, unless the supervisor of transportation places a letter in the driver’s personnel file documenting sufficient reasons to retain the individual as a qualified school vehicle driver.

A school vehicle driver or trainee who has more than two preventable accidents involving personal injury or appreciable damage in any 24-month period is permanently disqualified from operating a school vehicle in Maryland.

The Department’s Office of Pupil Transportation shall maintain a confidential computer database of school vehicle drivers or trainees who have been disqualified by a local school system under §§B—E of this regulation or for any other reason.

The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of a school vehicle driver’s or trainee’s disqualification within 30 days of the school vehicle driver’s or trainee’s receipt of notification of the disqualification.

The notification to the Department's Office of Pupil Transportation shall be in the format prescribed by the Department.

On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

Within the first 4 business days after receipt of the current list of active school vehicle drivers, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.

Complete the preservice instruction under Regulation .10D(1) of this chapter;

Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;

Be able to exercise sound judgment to make appropriate decisions in emergency situations; and

Complete the prescribed in-service instruction every 12 months under Regulation .10D(2) of this chapter.

An individual may not serve as a school vehicle attendant if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:

An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §B(1) of this regulation, is permanently disqualified from serving as a school vehicle attendant.

An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as a school vehicle attendant for a period of 10 years from the date of the action.

An individual may not serve as a school vehicle attendant if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

The Department’s Office of Pupil Transportation shall maintain a confidential computer database of attendants or trainees who have been disqualified by a local school system under §§B and C of this regulation or for any other reason.

The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of an attendant’s or trainee’s disqualification within 30 days of the attendant’s or trainee’s receipt of notification of the disqualification.

The notification shall be in the format prescribed by the Department.

On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of attendants. The list shall be in an electronic format prescribed by the Department.

Within the first 4 business days after receipt of the current list of active attendants, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an attendant is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.

Meet all licensing requirements of the Motor Vehicle Administration for a Class A or Class M vehicle respectively;

Have not more than two current points on the individual’s driving record and a satisfactory past driving record as determined by the local supervisor of transportation;

Be 21 years old or older;

Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;

Receive a negative controlled substance test result; and

As permitted, be included in the MVA Licensing Monitoring System.

Alternative school vehicle drivers shall have 4 hours of preservice classroom instruction and 1 hour of behind the wheel instruction.

Alternative school vehicle drivers shall complete 2 hours of in-service training annually that shall include topics contained in the National Safety Council's Defensive Driving Course.

An individual may not serve as an alternative school vehicle driver if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:

An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §C(1) of this regulation, is permanently disqualified from serving as an alternative school vehicle driver.

An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as an alternative school vehicle driver for a period of 10 years from the date of the action.

An individual may not serve as an alternative school vehicle driver if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

The Department’s Office of Pupil Transportation shall maintain a confidential computer database of alternative school vehicle drivers who have been disqualified by a local school system under §§C, D, and E of this regulation or for any other reason.

The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of an alternative school vehicle driver disqualification within 30 days of the alternative school vehicle driver receipt of notification of the disqualification.

The notification shall be in the format prescribed by the Department.

On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

Within the first 4 business days after receipt of the current list of active alternative school vehicle drivers, the Department's Office of Pupil Transportation shall match that list with the Department's confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active alternative school vehicle driver is listed on the Department's computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise of their next appropriate action.

A trainee shall satisfactorily complete a minimum of 8 hours of classroom instruction in the core units of the school bus driver instructional program developed by the Department, including:

All or a portion of the classroom instruction required under §A(1) of this regulation may be waived by the supervisor of transportation if the trainee is currently certified by a local school system.

A trainee shall receive a minimum of 9 hours behind-the-wheel instruction, except if the trainee is:

Class size shall be conducive to individualized instruction.

At least 6 hours of in-service instruction shall be provided annually.

Five hours shall have an emphasis on safety procedures, strategies, and laws.

In-service instruction topics:

One hour of the 6 hours of in-service instruction may be on-the-bus observation, instruction, or both.

In-service instruction in the following topics shall be given at least once every 3 years:

Class size shall be limited to 35 students except as provided in §B(7) of this regulation. If the number of students exceeds 35, the session does not meet the State instructional requirements.

A maximum of two large-group safety meetings of more than 35 students, not to exceed 2 hours each, may be provided each year.

At least 2 of the 6 hours per year of in-service instruction shall be conducted in classes of not more than 35 students.

A school vehicle driver who has been deleted from a school system's driver roster for 1 year or less may be recertified as a school vehicle driver if the individual satisfactorily completes refresher training that includes a minimum of 3 hours of classroom instruction and 3 hours of behind-the-wheel instruction, unless the supervisor of transportation determines less refresher training is necessary.

An explanation to support the decision to require less than the minimum refresher training shall be placed in the school vehicle driver's personnel file.

If a school vehicle driver has been deleted from the school system’s driver roster for more than 1 year, the school vehicle driver shall complete all school vehicle trainee qualifications as required under Regulation .06A of this chapter.

Preservice Instruction. Before riding in the capacity of a school vehicle attendant on a school vehicle with students on board, a school vehicle attendant shall complete a minimum of 4 hours of preservice instruction that includes:

In-Service Instruction. A school vehicle attendant annually shall complete 2 hours of in-service instruction in topics that include equipment, student management, and first aid.

Name of the trainee, driver, or attendant;

Name of the instructor;

Dates of instruction;

Number of hours of classroom instruction and topics of instruction; and

Number of hours of behind-the-wheel instruction.

A local school system shall implement an alcohol and controlled substances testing program for all school vehicle drivers, or shall certify to the Department that all school vehicle drivers are participating in an alcohol and controlled substances testing program.

The testing program shall meet the standards established in 49 CFR 40 and 382, which are incorporated by reference by this chapter and by applicable Maryland law, except that the alcohol concentration limit for disqualification is 0.02 or greater.

A controlled substances test shall be administered as part of the application process and prior to the offer of employment as a school vehicle driver trainee.

An alcohol or controlled substances test shall be administered as soon as practicable if a supervisor of transportation, who has received training in identifying the signs and symptoms of controlled substances and alcohol abuse or use, has determined there is reasonable suspicion that a school vehicle driver or trainee is using alcohol or a controlled substance.

Both a controlled substances and alcohol test, as defined in 49 CFR Parts 40 and 382, shall be performed following a school vehicle accident.

A school vehicle driver or trainee who engages in conduct prohibited by §B(2) of this regulation is permanently disqualified from operating a school vehicle in Maryland except under §D of this regulation.

Prohibited conduct is:

A school vehicle driver or trainee is determined as having refused to take a controlled substances test under §B(2)(f) of this regulation if the school vehicle driver or trainee:

A school vehicle driver or trainee reporting for a pre-employment controlled substances test is not considered to have refused a test under this chapter if:

A school vehicle driver or trainee is determined as having refused to take an alcohol test if the school vehicle driver or trainee:

A school vehicle driver or trainee reporting for a pre-employment test who does not provide a saliva or breath specimen under §B(2)(g) of this regulation because the applicant left the testing site before the testing commences, is not considered to have refused to test.

The supervisor of transportation shall notify the Department’s Office of Pupil Transportation within 3 business days of receipt of positive controlled substances or alcohol test results.

The notification shall be in the format prescribed by the Department and include the date the test was administered and the date of disqualification.

The Office of Pupil Transportation of the Department shall maintain a confidential computer database of the disqualified school vehicle driver’s or trainee’s information reported by the local school systems under §C(1) of this regulation.

On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

Within the first 4 business days of the start of the month, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department’s computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.

An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation may not be considered for service as a school vehicle driver in any local school system unless the individual submits to the local supervisor of transportation a statement signed by a substance abuse professional certifying under oath that the individual successfully completed the substance abuse professional’s education program, treatment recommendations, or both.

An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation shall pass a return-to-duty test as required by 49 CFR §382.309, before returning to service as a school vehicle driver.

An individual who has been placed in service as a school vehicle driver in accordance with the procedures described in §D(1) and (2) of this regulation shall be subject to follow-up testing for up to 60 months.

A supervisor of transportation may disapprove a substance abuse professional's certificate under §D(1) of this regulation if the supervisor of transportation determines that the controlled substances or alcohol abuse rehabilitation program was not certified by the Maryland Department of Health.

A local school system shall have immediately available all results, including documentation, of alcohol and controlled substances tests conducted under its alcohol and controlled substances use and testing program. Confidentiality of records shall be established by local school system policy.

The Department shall identify the specific records to be maintained by the school system.

A school system shall have electronic access to the computer database maintained by the Department under §C(3) of this regulation.

The vehicle is a taxicab;

Only one student is transported;

The vehicle used is a commercial motor coach; or

A local board of education determines that it is necessary to own, operate, or contract the use of an alternative school vehicle for student transportation.

Local boards of education that use alternative school vehicles shall:

Unless the vehicle is a MFSAB, the vehicle shall:

Alternative school vehicles and MFSABs shall have the name of the school district, contractor's name, or other contact information lettered on each side of the body of the vehicle in letters of not less than 2 inches in height and not more than 4 inches in height. Decals are permitted.

Alternative school vehicles and MFSABs may have the words “School Students” in black lettering at least 6 inches in height on a background of National School Bus Yellow located on both sides of the vehicle. Decals or magnetic signs are permitted. Lettering shall conform to Series B of Standard Alphabets for Highway Signs.

Alternative school vehicles and MFSABs shall have an audible back up warning alarm, installed behind the rear axle, that meets the standard under COMAR 11.19.02.24

Alternative school vehicles and MFSABs shall have a first aid kit, fluid clean up kit, and a fire extinguisher located in the storage area, all of which meets the standards under COMAR 11.19.02.25. The vehicle shall have a seat belt cutter that is accessible to the driver.

Video cameras may be installed in alternative school vehicles and MFSABs in line with COMAR 11.19.02.39.

Alternative school vehicles and MFSABs shall undergo two inspections each school year in line with COMAR 11.14.02.01-.26. The two inspections shall be conducted more than 120 calendar days apart.

Inspections shall be conducted by the local school system and records of each inspection shall be maintained in the transportation office of the local school system.

Pre/post-trip inspections may be conducted and retained at the local level.

New; or

Previously registered school vehicles originally used to transport Maryland public school students.

Spare vehicles shall be available during the time route vehicles are in operation.

Spare vehicles shall be:

The battery is not of the liquid-acid type;

The battery is encased in an impact-resistant container;

The battery container is securely fastened to the wheelchair;

The battery container lid is securely fastened to the battery container; and

All electrical terminals not inside the battery container are protected from accidental contact.

Stops should be approximately 1/4 mile apart. This does not apply to routes exclusively designated for students with disabilities.

On-roadway stops shall be on the travel portion of the highway, not to include the shoulder, using the eight-light safety system.

Stops shall be located, if possible, to maximize the visibility of the stopped school vehicle for approaching traffic.

On-Roadway Loading Zones.

On-Highway Loading Zones.

Off Highway Loading Zones.

Only turn signals shall be used for on-highway and off-highway loading for safe ingress and egress. The eight-light safety system may not be used.

By July 15 of each year, each local school system shall submit a report for the previous fiscal year to the Department's Office of Pupil Transportation, in the format required by the Department, that includes:

The Department shall annually review each applicable local school system's report for transporting students with disabilities.

Meet all licensing requirements of the Motor Vehicle Administration;

Pass the annual physical examination required by the Motor Vehicle Administration for school vehicle drivers;

Have no evidence of a criminal history which in the opinion of the supervisor of transportation makes the individual unfit for employment;

Receive a negative controlled substances test result as required under Regulation .11 of this chapter;

Have a driving record that is acceptable to the supervisor of transportation; and

Complete the preservice and in-service instruction as set forth in §C of this regulation.

Proof of proper license;

Copy of physical examination;

Copy of driving record;

Results of controlled substance and alcohol tests;

Copy of criminal background check; and

Proof of preservice and in-service instruction as required under §C of this regulation.

“Concussion” means a type of traumatic brain injury (TBI) causing an immediate and usually short-lived change in mental status or an alteration of normal consciousness resulting from a bump, blow, jolt, shaking, or spinning of the head or body.

“Graduated return to play protocols” means the progressive return to play stages included in the Policies and Programs on Concussions for Public Schools and Youth Sport Programs (Maryland State Department of Education, updated through December 2012).

“Return to play” means participation in a non-medically supervised practice or athletic competition after a period of exclusion.

“School personnel” means those directly responsible for administering or coaching interscholastic athletic program within a school or county and those employees of the school or school system with overall responsibility for student-athletes’ academic performance and medical well-being.

“Student-athlete” means a student participating in any try-out, practice, or contest of a school team.

“Youth sports program” means a program organized for recreational athletic competition instruction for participants who are younger than 19 years old.

The nature of the risk of a brain injury;

The risk of not reporting a brain injury;

Criteria for removal and return to play;

Understanding concussions;

Recognizing concussions;

Signs and symptoms; and

Response and action plan.

The nature and risk of a concussion or head injury;

The criteria for removal from play and return to play;

The risks of not reporting injury and continuing to play; and

Appropriate academic accommodations for diagnosed concussion victims.

Identify and ensure appropriate academic accommodations and restrictions are made available to student athletes during the recovery phase from a concussion;

Ensure that the parent, guardian, or emergency contact person is notified in person or by telephone and in writing immediately after a student athlete sustains a suspected concussion; and

Ensure that the athletic director and school nurse are notified before the start of the next school day of a student athlete who has sustained a suspected concussion.

Identify collision, contact, and noncontact sports; and

Recommend limitations of contact exposures in those sports.

A licensed physician trained in the evaluation and management of concussions;

A licensed physician’s assistant trained in the evaluation and management of concussions in collaboration with the physician assistant’s supervising physician or alternate supervising physician within the scope of the physician assistant’s Delegation Agreement approved by the Board of Physicians;

A licensed nurse practitioner trained in the evaluation and management of concussions;

A licensed psychologist with training in neuropsychology and in the evaluation and management of concussions; or

A licensed athletic trainer trained in the evaluation and management of concussions, in collaboration with the athletic trainer’s supervising physician or alternate supervising physician and within the scope of the Evaluation and Treatment protocol approved by the Board of Physicians.

Written notification of possible head injury;

Medical clearance forms for gradual return to sports participation following concussion; and

Graduated return to play protocols.

Evidence-based early literacy program” means a program that satisfies §8101(21)(A)(i)(I) or §8101(21)(A)(i)(II) under Title 8, General Provisions of the Every Student Succeeds Act, and includes systematic, direct instruction in phonemic awareness, phonics, vocabulary development, fluency, and comprehension.

“Initiative” means the Maryland Early Literacy Initiative.

“Interventionist” means a trained professional whose primary responsibility is to deliver evidence-based early literacy intervention.

“Nonprofit organization” means a nonprofit organization that:

“Participating student” means a student:

“Qualifying school” means a public school categorized by the local school system as a Title I school.

Identify whether the qualifying school will work in collaboration with a nonprofit organization or the local board of education to implement the literacy program;

Provide the name and qualifications of the nonprofit organization, if the qualifying school will work in collaboration with a nonprofit organization; and

Include a description of:

Provide early literacy intervention services for participating students;

Require participating students to receive direct services at least twice a week;

Have clear literacy targets at each grade level for participating students;

Have benchmark assessments multiple times a year to identify students who need one-on-one interventions;

Collect data on student progress at least monthly;

Be implemented by staff hired and supervised by the collaborating nonprofit organization or the local board of education; and

Use literacy programs that utilize various evidence-based approaches and methodologies for:

Comparison purposes; and

The collection of multiple data points for long-term review.

In compliance with all grant requirements; and

Meeting identified targets and benchmarks.

“Department” means the Maryland State Department of Education.

“Military-connected student” means a student who is a dependent of:

Designate a staff member as a military liaison, whose duties include:

Establish on the school’s website an easily accessible webpage that includes resources for military-connected students and their families, including information regarding:

Maintain a transition program led by students at the school, whenever appropriate, and overseen by the designated military liaison that assists military-connected students enrolled at the school by:

Offer professional development to school staff on issues related to military-connected students transferring to new schools.