Program Standards. The Department shall administer the following food and nutrition programs according to the following federal laws and the implementing regulations, which are incorporated by reference: 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. Program Administration. 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative hearing” means the fair hearing provided upon request to: An institution that has been given notice by the Department of any action or proposed action that will affect their participation or reimbursement under any of the programs listed in Regulation .01 of this chapter, in accordance with 7 CFR §226.6(k) and Regulation .03A of this chapter; or A principal or individual responsible for an institution’s serious deficiency after the responsible individual has been given a notice of intent to disqualify them from any of the programs listed in Regulation .01 of this Chapter. “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. Actions Subject to an Administrative Hearing Upon Request. An institution or local educational agency may request a hearing to review the following actions by the Department: For all programs: Denial of an institution’s or local educational agency’s application for participation in a program; Denial of an application submitted by an institution or local educational agency on behalf of a facility to participate in the program; Denial of an advance payment; Denial of all or part of a claim for reimbursement, except for late submission; Denial by the Department to forward to the U.S. Department of Agriculture, Food and Nutrition Service, an exception request by an institution or local educational agency for payment of a late claim or request for an upward adjustment to a claim; Demand for the remittance of an overpayment; Withholding payment, if applicable; Any other action of the Department affecting the participation of an institution or local educational agency in the program or the institution’s claim for reimbursement under the Program; and A demand for recovery of funds determined to have been illicitly or inappropriately obtained as determined by a federal audit conducted by the USDA Office of Inspector General (OIG) or other authorized audit/oversight agency; For all programs except the Summer Food Service Program: Proposed termination of the participation of an institution, local educational agency, or facility in a program; Notice of proposed disqualification of a responsible principal or responsible individual; Suspension of an institution’s or local educational agency’s participation; Denial of an institution’s or local educational agency’s application for expansion funds or start-up payments; and Recovery of advances; and For all programs except the Child and Adult Care Food Program, program participation termination for an institution or site. Actions Not Subject to an Administrative Hearing. The following actions are not subject to an administrative hearing: 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. Notice of Department’s Action. 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. Appeal of Agency Action and Request for a Hearing. 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. Acknowledgment. The Director shall mail written acknowledgment of receipt of the request for a hearing to the institution or local educational agency within 10 calendar days, and shall transmit the request to the Office of Administrative Hearings within 5 working days of receipt of the request for a hearing. Delegation to the Office of Administrative Hearings. 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: The parties jointly agree to a delay of the hearing; The administrative law judge, based on the request of one party and for good cause shown, grants a request for a delay of the hearing; or The administrative law judge delays the hearing for good cause. Exception — Summer Food Service Program — Appeal of Department Action. If a hearing is requested: The hearing shall be held within 14 calendar days of the Department’s receipt of the request for hearing and conducted by an administrative law judge in accordance with COMAR 28.02.01; 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 5 working days of the conclusion of the hearing; The appellant shall be allowed to refute the charges contained in the notice of action either in person or by filing a written documentation with the administrative law judge; Written documentation shall be submitted by the appellant within 7 days of submitting the appeal, shall clearly identify the Department’s action being appealed, and shall include a photocopy of the notice of action being issued by the Department; A hearing shall be held by the administrative law judge in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter appealing the action; Failure of the appellant or appellant’s representative to appear at a scheduled hearing shall constitute the appellant’s waiver of the right to a personal appearance before the administrative law judge, unless the administrative law judge agrees to reschedule the hearing; and A representative of the Department shall be allowed to attend the hearing to respond to the appellant’s testimony and written information and to answer questions from the administrative law judge. If the institution or local educational agency appeals the Department action but does not request a hearing, the administrative law judge shall, within 5 working days after receipt of the appeal: Make a written determination based on a review of the administrative record; and Inform the appellant and the Department of the final decision by certified mail, return receipt requested. 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: The information submitted on the application was false; The institution, one of its sponsored sites, or one of the principals of the institution or its sites is on the national disqualified list; The institution, one of its sponsored sites, or one of the principals of the institution or its sites is ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or The institution, one of its sponsored sites, or one of the principals of the institution or its sites has been convicted for any activity that indicates a lack of business integrity. 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: Written documentation shall be filed with the administrative law judge not later than 30 calendar days after the appellant received the notice; An administrative hearing shall be held as described in §F(1)—(5) of this regulation by the administrative law judge in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review; and Failure of the appellant’s local educational agency’s representative to appear at a scheduled hearing shall constitute the appellant’s local educational agency’s waiver of the right to a personal appearance before the administrative law judge unless the review official agrees to reschedule the hearing. Discovery. Information on which the Department’s action was based shall be available to the institution or local educational agency for inspection from the date of the Department’s receipt of the request for a hearing. No further discovery shall be available. Burden of Proof. The institution or local educational agency has the burden of proof by a preponderance of the evidence. Final Decision. The decision of the administrative law judge is the final agency determination of the State Department of Education in accordance with the federal regulations governing the program and shall be implemented promptly. Education Article, §§5-214, 7-601—7-605, and 7-701—7-704, Annotated Code of Maryland;Federal Statutory Reference: 42 U.S.C. §§1751—1762a, 1765, 1766, 1766a, 1769a, 1772, 1773, 1776, 1779, 1788;Federal Regulatory Reference: 7 CFR 210, 215, 220, 225—227, 235, 240, 245, 250 Effective date: February 23, 1967 Regulation .01 and .02 adopted; amended effective May 19, 1978 (5:10 Md. R. 782); June 15, 1979 (6:12 Md. R. 1052); October 25, 1982 (9:21 Md. R. 2107) Regulation .01 amended effective March 10, 1978 (5:5 Md. R. 325); February 26, 1979 (6:4 Md. R. 278) Regulation .01A amended effective May 16, 1980 (7:10 Md. R. 953); February 20, 1981 (8:4 Md. R. 344); May 29, 1981 (8:11 Md. R. 975); March 1, 1982 (9:4 Md. R. 334); March 28, 1983 (10:6 Md. R. 559); September 12, 1983 (10:18 Md. R. 1609); February 27, 1984 (11:4 Md. R. 317); September 24, 1984 (11:19 Md. R. 1667); April 8, 1985 (12:7 Md. R. 708); July 29, 1985 (12:15 Md. R. 1525); June 2, 1986 (13:11 Md. R. 1274); July 28, 1986 (13:15 Md. R. 1735); May 4, 1987 (14:9 Md. R. 1081); June 15, 1987 (14:12 Md. R. 1351) Regulation .01 amended effective April 4, 1988 (15:7 Md. R. 851) Regulation .02 repealed effective April 4, 1988 (15:7 Md. R. 851) Regulation .03 amended effective May 18, 1979 (6:10 Md. R. 842) Regulation .04 amended effective December 1, 1978 (5:24 Md. R. 1799); May 18, 1979 (6:10 Md. R. 843) Regulations .03 and .04 repealed effective October 25, 1982 (9:21 Md. R. 2107) Regulation .01 repealed and new Regulations .01 and .02 adopted effective December 7, 1992 (19:24 Md. R. 2127) Regulation .02A amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .03 adopted effective January 2, 1995 (21:26 Md. R. 2191) Regulation .04 adopted effective January 2, 1995 (21:26 Md. R. 2191) Regulation .05 adopted effective April 22, 1996 (23:8 Md. R. 607) Regulations .01—.03 repealed and new Regulations .01—.03 adopted effective April 11, 2005 (32:7 Md. R. 683) Regulation .01 amended effective October 3, 2011 (38:20 Md. R. 1204) Regulation .01A amended effective July 28, 2008 (35:15 Md. R. 1350) Regulation .01B amended effective December 19, 2005 (32:25 Md. R. 1942); July 28, 2008 (35:15 Md. R. 1350) Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1350); October 3, 2011 (38:20 Md. R. 1204); September 25, 2017 (44:19 Md. R. 898); December 27, 2021 (48:26 Md. R. 1112) Regulation .03 amended effective July 28, 2008 (35:15 Md. R. 1350); October 3, 2011 (38:20 Md. R. 1204); September 25, 2017 (44:19 Md. R. 898) Regulation .03F amended effective December 27, 2021 (48:26 Md. R. 1112) Regulations .04 and .05 repealed effective November 7, 2005 (32:22 Md. R.1757) This chapter applies to all publicly funded prekindergarten programs for all eligible 4-year-old children, as defined in Education Article, §7-101.1(a)(3), Annotated Code of Maryland, administered by local boards of education or qualified vendors. The overall goal of the prekindergarten program is to provide learning experiences to help children develop and maintain school readiness skills necessary for successful school performance. Local boards of education shall provide prekindergarten programs to accommodate all eligible 4-year-old children seeking enrollment in public school programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Is partnering with a local school system through a memorandum of agreement; and Meets the requirements of Regulation .05 of this chapter. “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 shall enroll in prekindergarten all 4-year-old applicants who are from families with economically disadvantaged backgrounds or who are homeless. For vacancies remaining after compliance with §A of this regulation a local school system may enroll 4-year-old applicants who are not from families with economically disadvantaged backgrounds but who represent a student population that exhibits a lack of school readiness. Prekindergarten Programs for 3-Year-Old Children. 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. A local school system shall develop a facilities plan identifying appropriate sites to ensure that a publicly funded prekindergarten program is available to all eligible 4-year-old children in its jurisdiction. The facilities plan may include local school system memorandums of agreement with qualified vendors and Head Start to provide prekindergarten program services that meet the local school system responsibilities in accordance with Regulation .05 of this chapter. A local school system shall: A local school system shall: 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. A qualified vendor shall: 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. Education Article §§2-205(c) and (g) and 7-101.1, Annotated Code of Maryland Effective date: March 8, 1999 (26:5 Md. R. 392) Regulations .01—.07 repealed and new Regulations .01—.05 adopted effective April 12, 2004 (31:7 Md. R. 585) Regulation .01 amended effective October 31, 2011 (38:22 Md. R. 1346) Regulation .02B amended effective January 14, 2010 (37:1 Md. R. 15); October 31, 2011 (38:22 Md. R. 1346) Regulation .03 amended effective October 31, 2011 (38:22 Md. R. 1346) Regulation .04 amended effective October 31, 2011 (38:22 Md. R. 1346) Regulation .05 amended effective October 31, 2011 (38:22 Md. R. 1346) The following regulations have been established by the State Superintendent of Schools to govern the athletic program for all high school students in Maryland public secondary schools which are members of the Maryland Public Secondary Schools Athletic Association (MPSSAA). Local school systems may adopt rules governing their athletic programs that are more restrictive than those of the MPSSAA. Less restrictive rules may not be adopted. Student eligibility for participation in interscholastic athletics at the high school level shall be based on the following criteria: Students shall be officially registered and attending the member MPSSAA school they are authorized to attend under regulations of the local school system. They may represent only the school in which they are registered and at which it is anticipated they will complete their graduation requirements. Each local school system shall establish standards of participation which assure that students involved in interscholastic athletics are making satisfactory progress toward graduation. Students who are 19 years old or older as of August 31 are ineligible to participate in interscholastic athletics. Students in grades 9, 10, 11, and 12 may participate in interscholastic athletic contests for a maximum of four seasons in any one sport. Middle, intermediate, or junior high school students are not eligible to compete or practice with high school teams. However, ninth grade public school students who reside in the attendance area of a high school organized grades 10—12 may participate in the interscholastic athletic program of that high school. Students shall maintain amateur status as defined by Regulation .10 of this chapter. Students, while participating on a school team, are permitted to participate on sports teams outside of school during the high school sport's season. This participation shall meet the following criteria: 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. Students shall present to their high school principal a certificate of permission to participate signed by their parent or parents, or guardian or guardians. Students shall be examined and certified to the high school principal as being physically fit to participate in any try-out, practice, or contest of a school team. The examination shall be performed by a licensed physician, certified physician assistant under the supervision of a licensed physician, or certified nurse practitioner. Students legally transferred to another school may participate. “Legally transferred” means a change of residence or a transfer from one school to another by action approved by the local superintendent of schools. Graduates. 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. Member MPSSAA schools shall conduct all interscholastic athletic contests and practice sessions in accordance with the following: The sports seasons shall be defined as follows: “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. Maximum Number of Contests Permitted During a Sports Season. All school athletic schedules shall be established according to the following instructions: Badminton: 15 regular season games; Not more than two matches per week; and Three matches in one week may be scheduled twice during the season. Baseball: 18 regular season games or 20 with designated optional tournament; Not more than three games per week; A team may elect to play in one designated optional two or three-game tournament; If a team elects to play in a designated optional three-game tournament, only 17 regular season games may be scheduled; and If a team elects to play in the designated optional two or three-game tournament, a fourth game may be played during that week. Basketball: 20 regular season games or 22 with designated optional tournament; Not more than two games per week; Three games in one week may be scheduled twice during the season; A team may elect to play in one designated optional two or three-game tournament; and If a team elects to play in a designated optional three-game tournament, only 19 regular season games may be scheduled. Cross Country: 10 regular season meets; Not more than two meets per week; and Three meets in one week may be scheduled once during the season. Field Hockey: 12 regular season games or 14 with designated optional tournament; Not more than two games per week; Three games in one week may be scheduled twice during the season; A team may elect to play in one designated optional two or three-game tournament; and If a team elects to play in a designated optional three-game tournament, only 11 regular season games may be scheduled. Football: 10 regular season games; and Not more than one game per week. Golf: 12 regular season matches; and Not more than three matches per week. Gymnastics: 8 regular season meets; Not more than two meets per week; and Meets may not be held on consecutive days. Indoor Track: 10 regular season meets; Not more than two meets per week; and Three meets in one week may be scheduled once during the season. Lacrosse: 12 regular season games or 14 with designated optional tournament; Not more than two games per week; Three games in one week may be scheduled twice during the season; and A team may elect to play in one designated optional two-game tournament. Outdoor Track: 10 regular season meets; Not more than two meets per week; and Three meets in one week may be scheduled once during the season. Soccer: 12 regular season games or 14 with designated optional tournament; Not more than two games per week; Three games in one week may be scheduled twice during the season; A team may elect to play in one designated optional two or three-game tournament; and If a team elects to play in a designated optional three-game tournament, only 11 regular season games may be scheduled. Softball: 18 regular season games or 20 with designated optional tournament; Not more than three games per week; A team may elect to play in one designated optional two or three-game tournament; If a team elects to play in a designated optional three-game tournament, only 17 regular season games may be scheduled; and If a team elects to play in the designated optional two or three-game tournament, a fourth game may be played during that week. Swimming: 12 regular season meets; Not more than two meets per week; and Three meets in 1 week may be scheduled once during the season. Tennis: 18 regular season matches; and Not more than three matches per week. Volleyball: 15 regular season matches or 14 with designated optional tournament; Not more than two matches per week; Three matches in one week may be scheduled twice during the season; A team may elect to play tri-matches provided the total number of opponents does not exceed 15 during the season; and Teams may play 14 matches plus one designated optional multi-team tournament. Wrestling: 14 regular season contests including dual meets and a maximum of three tournaments and three tri-meets; Not more than two contests per week including a maximum of one tournament; Multi-team events may be used to make up postponed contests between teams originally scheduled; Three contests may be scheduled one time during the season on a nontournament week; A city/county/conference tournament required to qualify for the state tournament will not be counted as one of the three allowed tournaments; and Wrestling tournaments and meets are defined by Regulation .04D(3) and (4) of this chapter. 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. The regulations given below are established for all MPSSAA interscholastic sports: Equal Opportunity for Participation. 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. Students who meet the eligibility requirements of Regulation .02 of this chapter may not be excluded on the basis of disability from the opportunity to try out for and if selected, participate in mainstream interscholastic athletic programs. Member MPSSAA schools shall provide reasonable accommodations necessary to provide students with disabilities with equal opportunities to participate to the fullest extent possible in mainstream athletic programs. Students with disabilities who meet the eligibility requirements of Regulation .02 of this chapter may be excluded from mainstream athletic programs if inclusion: Presents an objective safety risk to the student or others based on an individualized assessment of the student; or Fundamentally alters the nature of the school's mainstream athletic program. MPSSAA Coaching Eligibility. Member MPSSAA schools shall employ as coaches: Teachers or certificated professional educators employed by the local Board of Education. Persons certifiable as professional educators by the State Department of Education according to 13A.12.01. Credentialed coaches who meet the following requirements: Are eligible to hold a Maryland certificate under COMAR 13A.12.01.03D; Possess a MPSSAA/MSDE Coaching Certification; Have completed 2 years of successful coaching as an emergency coach; and Have spent the previous 1 year as a successful emergency coach at the school of hire in the position of hire. 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: The person shall be officially appointed by the local superintendent of schools on a one-season basis for a specific coaching assignment; The coaching salary of the appointed coach shall be paid exclusively by the local school system; After July 1, 2010, an emergency coach is required to possess an MPSSAA/MSDE coach certification prior to the start of his or her fourth year as an emergency coach; Teams having more than one coach, emergency coaches may not comprise more than 50 percent of that sport staff; The emergency coach shall be at least 21 years old and possess a high school diploma. 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: The volunteer coach is at least 21 years old and possesses a high school diploma or equivalent; The volunteer coach shall have completed or be enrolled in a one-credit course in the prevention and care of athletic injuries; The volunteer coach shall be formally appointed on a 1-season basis for a specific coaching assignment. Limits of Participation. 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. Policies Pertaining to Wrestling. 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. Out-of-Season Practice. Member MPSSAA schools and coaches of member schools shall confine school practices to: The seasonal limitations as defined in Regulation .03 of this chapter; or Approved local school system sponsored camps. 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. Sports Officials. Schools involved in interscholastic contests shall use only those officials certified by MPSSAA. Only qualified officials shall be used in all sports when MPSSAA certified officials are not available. 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. Competitors. Member MPSSAA schools shall only practice with or play against high school teams that: Ensure fair competition, athlete safety, and appropriate supervision by a responsible entity; Maintain athletics as an integral part of the total educational program; Promote academic progress; Develop leadership; and Deter exploitation of students. High school teams that meet these purposes include high school teams that: Are members of a state interscholastic athletic association recognized by the National Federation of High Schools (NFHS); Have been approved to play members of a state interscholastic athletic association recognized by the NFHS; Are members of an athletic conference that: Formally adopts the standards of competition as established by the Maryland State Superintendent of Schools as part of its constitution and bylaws; and Has enforcement authority; or Represent a school that verifies compliance with standards of competition as established by the Maryland State Superintendent of Schools. 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: Sign the verification provided by the Maryland State Department of Education; and Submit the verification for approval to the State Superintendent of Schools annually before the first practice or athletic competition against a member MPSSAA school team. Failure to comply with these regulations shall constitute a violation which will result in the following penalties against the member MPSSAA school and either the student or the coach, or both. Depending upon the severity of the violation, more than one penalty may be imposed against the member MPSSAA school, student, or coach, or all of the above. Penalties shall be imposed in the order listed below: Against a member MPSSAA school: First — Declare forfeit of all games in which the violation occurred. Second — Declare the member MPSSAA school ineligible for championship honors for the current school year in the sport in which the violation occurred. Third — Declare the member MPSSAA school on probation for one school year which shall render the school ineligible to compete in any approved State meet or tournament for that year. Fourth — Impose additional penalties as may seem justified in the particular case considered. Against a student: First — Declare the student to be ineligible for the next 60 school days following the date the student was found to be in violation. These 60 school days will carry over into the next school year if the violation occurs during the second semester. Second — Declare the student to be ineligible to compete in the sport in which the violation occurred during the subsequent season. Third — Impose additional penalties as may seem justified in the particular case considered. Against a coach: First — Censure. Second — Declare the coach ineligible to coach a team for the current school year in the sport in which the violation occurred. Third — Declare the coach ineligible to coach a team in any sport for the current year. Fourth — Impose additional penalties as may seem justified in the particular case considered. Procedure. 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. Penalties imposed by local school systems for violations of local school system rules adopted in accordance with Regulations .01B and .02B shall be uniform with the penalties designated in Regulation .05A of this chapter. Appeals. 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. For the purpose of parity in competition in meets and tournaments administered by the MPSSAA, member schools shall be divided into classifications based on enrollment. If, in this calculation, two or more schools with equal enrollments fall between two classifications, they shall be placed in the lower classification. The local superintendent of schools shall submit to the MPSSAA Executive Director a report on the actual school enrollment of students in Grades 9, 10, and 11 in each of the member MPSSAA schools as of September 30, in each even-numbered year. The MPSSAA Executive Director and Classification Committee shall present a recommendation for classification of member schools for each MPSSAA-administered sport to the MPSSAA Board of Control for adoption. Classification shall be determined every 2 years based on the September 30 enrollment of the previous year. When the MPSSAA Board of Control adopts classifications for member schools, the classifications shall remain in effect for the next 2 school years. A new member MPSSAA school that opens or a member school whose enrollment is significantly changed by growth or consolidation during the two-year period shall be placed in the proper classification by the Classification Committee. “Significantly changed” means a decrease or an increase in enrollment of more than 25 percent. This new placement shall affect only the involved school and may not affect the classification of other member schools. When a member MPSSAA school does not have all three grades included in the enrollment figures upon which the classification is based in the even-numbered year, but will have all three grades in the following odd-numbered year when classification becomes effective, the enrollment figure shall include the existing grades and average of the current class sizes applied to each projected grade. The MPSSAA games or tournament committees representing all of the districts shall administer and supervise tournaments in the various sports at the district, regional, and State level. All participating schools shall abide by the rules established by each MPSSAA tournament committee. Although certain aspects of a tournament may vary from year to year, the following basic policies shall be observed by all tournament committees: 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. Expansion of any sport to the State level shall be recommended by the State Board of Control of the MPSSAA and approved by the State Superintendent of Schools after consultation with local superintendents of schools. Tournament rules and procedures established by the MPSSAA may be appealed on behalf of a student, coach, or school by a local superintendent of schools to the State Superintendent of Schools. The appeal shall be adjudicated by a committee of three local superintendents of schools appointed by the State Superintendent of Schools. The decision of the committee shall be final. Awards may be made as follows: 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. Recognition of student athletes and teams, other than through awards, shall be limited to appreciation banquets approved by the local superintendent. Students or teams representing a member MPSSAA school shall participate only in contests conducted by educationally related organizations. Member MPSSAA schools may not compete in any contest in any other state if either school's participation violates the regulations or established policies of either state's high school interscholastic athletic authority. Sanctioning Guidelines. Sanctioning for Interstate Competition. Member MPSSAA schools may not compete in any of the following contests unless the contest has been sanctioned by each of the interested state authorities through the NFHS: Any interstate meet in which four or more schools participate; Any competition involving schools from three or more state athletic associations; Any interstate two school contest which is not sponsored by a NFHS state association or a state member school; Any interstate two-school contest which involves travel outside the United States of America; or Any interstate two-school contest, regardless of distance to be traveled, which is sponsored by an individual or an organization other than a member MPSSAA high school. A school or school system that wishes to serve as a host for an interstate contest shall file the appropriate sanction request form prior to the first play date and at least 15 days prior to the event for events within the first 2 weeks of the season. Schools participating in interstate contests shall use the National Federation contract form furnished by the MPSSAA Executive Director. In all interstate contests, each participating school shall follow the rules of the host state athletic authority. Sanctioning for Intrastate Competition. Member MPSSAA schools may only compete against other member MPSSAA schools or schools approved through the Standards of Competition. Approval of the MPSSAA Executive Director is required for any intercounty contest involving more than three teams and sponsored by a non-member educational institution. The host school shall file the appropriate sanction request form with the MPSSAA Executive Director prior to the first play date and at least 15 days prior to the event for events within the first 2 weeks of the season. Member MPSSAA schools may host intercounty contests involving only other member MPSSAA schools or schools approved through the Standards of Competition without sanctioning approval. MPSSAA Sanction Guidelines. The following criteria shall be met for sanction approval by the MPSSAA: The competition may not determine a regional or national championship; The competition is not preliminary to a college or professional game; The competition is sponsored by an educational institution or similar nonprofit organization; Participation in the event is within the United States of America, does not involve loss of instructional time, and complies with the local school system policies and procedures for school-sponsored travel; and All awards shall comply with Regulation .08 of this chapter. Students who have not used or are not using their athletic skill as players for financial gain, or who have not competed under assumed names as players, shall be considered amateurs. Employment as an instructor, counselor, or official may not be considered a violation. Students who have ceased to be amateurs in a particular sport may not represent their school in interscholastic athletics in that sport. Students who have lost amateur standing may apply for reinstatement to the MPSSAA Appeals Committee after the lapse of 60 days. The 60 days shall commence with a letter of determination from the local superintendent of schools. Students may not lose amateur standing by playing with or against professional players as long as they do not receive pay for their services. Students shall lose their amateur status in a particular sport if they sign a professional contract in that sport. Proposed written amendments to these regulations may be submitted only by a member MPSSAA school, local superintendent of schools, MPSSAA committee, or the MPSSAA Executive Director. Proposed amendments shall be received by the MPSSAA Executive Director at least 45 days before the annual meeting of the MPSSAA Board of Control. Upon receipt, proposed amendments shall be referred to the Constitution Committee for appropriate action and recommendation. Notice of the proposed amendments shall be sent to each member MPSSAA school, local superintendent of schools, and the State Superintendent of Schools at least 15 days before the annual legislative meeting of the MPSSAA. Ratification of the proposed amendments shall require a majority vote of the delegates present at the annual legislative meeting of the MPSSAA. Amendments approved by the MPSSAA shall be forwarded to the State Superintendent of Schools who will receive recommendations from local superintendents of schools before the State Superintendent of Schools submits recommendations to the State Board of Education. The amendments approved by the State Board of Education shall be in effect according to the date established by the Board. Education Article, §§2-205 and 2-303(k), Annotated Code of Maryland Effective date: October 1, 1975 (2:22 Md. R. 1373) Regulations .01, .04, .07A, .09A, and .12 amended effective August 4, 1976 (3:16 Md. R. 853) Regulations .02A, F, .03B, .04, and .07C amended effective August 31, 1977 (4:18 Md. R. 1399) Regulations .02F, J; .03B; .04B; .05; and .07C amended effective September 19, 1980 (7:19 Md. R. 1808) Regulation .03B amended effective February 27, 1984 (11:4 Md. R. 317); August 27, 1984 (11:17 Md. R. 1493) Regulations .03B, .04B, .06D, .07C amended effective August 10, 1979 (6:16 Md. R. 1332) Regulations .03B and .04B amended, .05 repealed, and new .05 adopted effective October 24, 1983 (10:21 Md. R. 1903) Regulations .03B, .05, and .09A, E, G, H amended effective August 11, 1978 (5:16 Md. R. 1260) Regulations .03B and .11A amended effective August 2, 1982 (9:15 Md. R. 1517) Regulations .04B, .07C, and .11 amended effective August 31, 1981 (8:17 Md. R. 1420) Regulations .06E, .09I, and .10E adopted effective August 10, 1979 (6:16 Md. R. 1332) Regulation .12 repealed effective August 10, 1979 (6:16 Md. R. 1332) Chapter revised effective August 15, 1988 (15:16 Md. R. 1916) Regulation .02 amended as an emergency provision effective August 14, 1989 (16:17 Md. R. 1882); adopted permanently effective December 25, 1989 (16:25 Md. R. 2713); August 19, 2013 (40:16 Md. R. 1345) Regulation .02D amended effective September 12, 1994 (21:18 Md. R. 1511) Regulation .02G amended effective August 31, 1992 (19:17 Md. R. 1608) Regulation .02I amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .03 amended effective August 19, 2013 (40:16 Md. R. 1345); August 22, 2022 (49:17 Md. R. 790) Regulation .03A amended effective April 21, 2008 (35:8 Md. R. 807) Regulation .03B amended effective October 6, 1997 (24:20 Md. R. 1405); September 1, 2003 (30:17 Md. R. 1204); January 7, 2016 (42:26 Md. R. 1596); December 27, 2021 (48:26 Md. R. 1112) Regulation .04 amended effective August 19, 2013 (40:16 Md. R. 1345) Regulation .04A-1 adopted effective April 19, 2010 (37:8 Md. R. 618) Regulation .04B amended effective December 24, 1990 (17:25 Md. R. 2908); August 31, 1992 (19:17 Md. R. 1608); November 29, 2010 (37:24 Md. R. 1659) Regulation .04C amended effective December 27, 2021 (48:26 Md. R. 1112); August 22, 2022 (49:17 Md. R. 790) Regulation .04D amended effective January 6, 2005 (31:26 Md. R. 1864); July 3, 2006 (33:13 Md. R. 1064) Regulation .04E amended effective October 6, 1997 (24:20 Md. R. 1405); August 22, 2022 (49:17 Md. R. 790) Regulation .04G amended effective August 22, 2022 (49:17 Md. R. 790) Regulation .04J adopted effective July 3, 2006 (33:13 Md. R. 1064) Regulation .05 amended effective August 19, 2013 (40:16 Md. R. 1345) Regulation .05B amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .05C amended effective August 31, 1992 (19:17 Md. R. 1608); July 3, 1995 (22:13 Md. R. 968) Regulation .06 amended effective August 19, 2013 (40:16 Md. R. 1345) Regulation .06A amended effective August 31, 1992 (19:17 Md. R. 1608) Regulation .06A, B amended effective August 27, 2018 (45:17 Md. R. 804) Regulation .06B amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .06B, E amended effective December 24, 1990 (17:25 Md. R. 2908) Regulation .07A, C amended effective August 19, 2013 (40:16 Md. R. 1345) Regulation .07C amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .07E adopted effective August 31, 1992 (19:17 Md. R. 1608) Regulation .09 amended effective August 19, 2013 (40:16 Md. R. 1345) Regulation .09B, C, G amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .09E, H amended effective December 19, 2005 (32:25 Md. R. 1943) Regulation .11A amended effective July 3, 1995 (22:13 Md. R. 968) Regulation .11A, C amended effective August 19, 2013 (40:16 Md. R. 1345) The purpose of this chapter is to define the requirements for a Corollary Athletic Program in the local school systems to provide athletic opportunities so that every student in public schools may have an equal opportunity to access the benefits of education-based athletic programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: A student who meets the definition of a “handicapped person” at 45 C.F.R. §84.3(j); A student who meets the definition of student with a disability as defined in COMAR 13A.05.01.03B; or A student who meets the definition of a “handicapped person” as defined in 34 C.F.R. §104.3(j). Each local school system shall: Develop a plan, policies and procedures to promote and protect the inclusion of students with disabilities in school athletic programs; Provide students with disabilities equivalent opportunities for participation in either the Interscholastic Athletic Program or the Corollary Athletic Program; and Maintain evidence indicating that the interests and abilities of students with disabilities have been fully and effectively accommodated by the local school systems Interscholastic Athletic or Corollary Athletic Program. Corollary Athletic Programs shall provide for the diversity of abilities and interests of students with disabilities. The local school system shall offer a Corollary Athletic Program in each of the fall, winter and spring seasons. The dates of the fall, winter and spring seasons do not need to match the dates prescribed in COMAR 13A.06.03. The sport season for the Corollary Athletic Program shall be limited to a maximum of 12 consecutive weeks. Students in grades K-8 who participate in the Corollary Athletic Program shall: 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. Secondary school students in grades 9-12 who participate in the Corollary Athletic Program: 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: Graduation with a Maryland High School Diploma specified in COMAR 13A.03.02.09B; or School completion with a Maryland High School Certificate of Program Completion specified in COMAR 13A.03.02.09D; and May not have participated on an interscholastic athletic team in the same sport. If a student acquires a disability during their years of participation in interscholastic ports, the local school system may permit an exception to §B(4) of this regulation. Parents, guardians and legal representatives of students with disabilities may file a written complaint with the local superintendent regarding an alleged violation of this chapter. The written complaint shall: 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. The appeals process set forth in Education Article, §4-205(c), Annotated Code of Maryland, including an appeal to the State Board from a local board's decision on the complaint shall govern the processing of the complaint. In response to systemic complaints filed alleging on-going violations of this chapter or at its discretion, the Department may initiate a fact-finding process and may impose corrective action on a school system. First Annual Report. Local school systems shall submit the first Annual Report on May 15, 2010. It shall: 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. Subsequent Reports. Local school systems shall: 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. Education Article, §§7-4B-01—7-4B-06, Annotated Code of Maryland Effective date: April 19, 2010 (37:8 Md. R. 618) The purpose of this chapter is to direct school systems to develop policies and procedures for the purchase and acquisition of accessible textbooks and supplemental curricular resources, in print and digital formats, that support teaching and learning in and out of the classroom. The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018) is incorporated by reference. In this chapter, the following terms have the meanings indicated. Terms Defined. “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). “Open educational resources (OERs)” means free and openly licensed digital educational materials that can be used for teaching, learning, research, and other purposes and are used and modified based on open licensing. “Open educational resources (OERs)” includes full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. Public Agency. “Public agency” means an institution that provides educational services to students with disabilities from 3 to 21 years old and in accordance with the student’s IEP. “Public agency” includes the Maryland State Department of Education, local school systems, the SEED School, the 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. “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. Each local board of education shall prepare policies and procedures related to: 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. Each local board of education shall notify all students’ parents and guardians of these policies and procedures. Each local board of education shall annually train special education directors, principals, and other purchase specialists on the policies and procedures for purchasing and using accessible teaching and learning materials to ensure enforcement of the policies and procedures. When acquiring print materials, each local board of education and public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when acquiring print or textbook-related supplemental resources for students who meet the NIMAC eligibility criteria. Each local board of education and public agency shall provide equitable access to print instructional materials in a timely manner to students with disabilities who do not meet the NIMAC eligibility criteria. If a local board of education or public agency chooses not to coordinate with the NIMAC, the local board of education or public agency shall provide an assurance to the Department that purchases meet standards set forth in 34 CFR §300.172. Each local board of education and public agency shall comply with WCAG 2.1 Level AA (June 5, 2018) when purchasing or selecting digital learning resources to provide equitable learning opportunities for all students. Education Article, §§2-205, 7-910, and 8-408, Annotated Code of Maryland;34 CFR §§300.210 and 300.172(e)(1)(i) Effective date: April 3, 1964 Regulation .01 amended effective January 15, 1989 (15:27 Md. R. 3135) Regulation .01 repealed and new Regulation .01 adopted effective April 29, 2002 (29:8 Md. R. 701) Regulation .01C, D amended effective July 28, 2008 (35:15 Md. R. 1350) Regulation .01 under School Supplies and Equipment repealed and new Regulations .01—.06 under Purchase and Use of Accessible Teaching and Learning Materials adopted effective October 21, 2019 (46:21 Md. R. 894) Regulations governing the use and care of protective eye devices in the public schools of Maryland shall include the following: Career and Technology Education or Technology Education Laboratories, or Visual Arts Classrooms and Studios. 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. These devices shall meet the standards and specifications of the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979. Face Shields. A face shield shall be worn by an individual when participating in, or exposed to the immediate vicinity, where: Hot molten metal or solder is being prepared, poured, or used in any form; Heat treatment, tempering, kiln firing of any metal or other materials takes place. Cup Goggles, Helmets, and Hand Shields. Gas Welding Area. An individual participating in or observing gas welding operations shall wear cup goggles with appropriate filter lenses and clear cover glass for eye protection in this activity area. Electric Arc Welding. An individual participating in or observing electric arc welding operations shall wear a welding helmet or hand shield equipped with the appropriate filter lenses and clear cover glass for this activity. Welding Flash Protection. Gas and electric arc welding working stations shall be screened off adequately so as to protect nonwelding students, teachers, and visitors from welding flash. Splash-Proof Vented Goggles or Face Shields. An individual using, exposed to, or observing the use of any caustic or explosive materials shall wear a splash-proof vented goggle or a face shield protective device. Chemical or Combined Chemical-Physical Laboratories and Visual Arts Classrooms and Studios. 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. A general purpose goggle of clear plastic frame and lens, sufficient to protect against splashing and spattering, as provided in the American National Standard: Practice for Occupational and Educational Eye and Face Protection, Z87.1-1979, shall be considered adequate for basic protection purposes. A spectacle-type protective device or a general purpose goggle cited by the American Standards Association shall be available to protect visitors to the public schools' science and art department facilities. Use of Protective Eye Devices. Common Classroom, Studio, or Laboratory Activity. All students, teachers, and visitors shall wear protective eye devices when caustic or explosive chemicals or hot liquids or solids are: Being used and manipulated by individuals within the classroom; or Being used by groups of individuals during a laboratory or studio activity. Individual Project Activity. When less than the total class is engaged in activities involving caustic or explosive chemicals or hot liquids or solids, appropriate protective eye devices shall be worn by individuals: Directly involved and all individuals adjacent to the immediate vicinity of the activity; and Working in preparation areas of the science laboratory. Teacher or Student Demonstrations. Every effort should be made to afford adequate protection during demonstrations. All demonstrators shall be adequately protected with eye protective devices during these periods. 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. Provision and Maintenance of Eye Protective Devices. The local board of education shall adopt such regulations as may be necessary for the provision and maintenance of eye protective devices as required to meet the provisions of the law. Education Article, §7-407, Annotated Code of Maryland Effective date: July 1, 1964 Regulation .01 amended effective February 22, 1980 (7:4 Md. R. 351); July 1, 1988 (15:7 Md. R. 851); September 12, 1994 (21:18 Md. R. 1511) In this chapter, the following terms have the meanings indicated. Terms Defined. Accident. “Accident” means an occurrence or action involving a driver of a school vehicle operated by or under contract to a local school system, which results in an injury or fatality to an individual or damage to a motor vehicle or property, except as otherwise provided in 49 CFR §382.303, which is incorporated by reference, for the purpose of post-accident testing for alcohol and controlled substances. “Accident” does not include an occurrence or action involving a driver of a vehicle not registered as a school vehicle or a school charter vehicle. “Adulterated specimen” means a specimen that contains a substance that: Is not expected to be present in human urine; or Is expected to be present in human urine but is at a concentration so high that it is not consistent with human urine. “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: Is at least 26,000 pounds gross vehicle weight; Has a minimum of three axles; Carries a minimum of 16 passengers, including the driver; and May be equipped with a restroom. “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: Is responsible for receiving laboratory results generated by this Program; Has knowledge of substance abuse disorders; Has appropriate training to interpret and evaluate a donor's confirmed laboratory positive or “unsuitable” drug test results, together with the donor's medical history and any other relevant biomedical information; and Is required to have a working knowledge of the U.S. Department of Transportation Federal Motor Carrier Safety Administration regulations applicable to the employer for which drug test results are evaluated. “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). “Multifunction School Activity Bus (MFSAB)” means an alternative school vehicle that meets school bus construction standards. “Multifunction School Activity Bus (MFSAB)” does not include a bus: Used to transport students to and from home or school bus stops; That has traffic control equipment; or That is painted school bus yellow. “Nonpublic school” means nursery school, elementary school, and secondary school as stated in COMAR 13A.09.10.02B. Off-Highway Loading Zone. “Off-highway loading zone” has the meaning stated in Transportation Article, §22-228(f)(2)(ii), Annotated Code of Maryland. “Off-highway loading zone” includes a parking lot and school grounds. “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: Has applied for employment with a local school system or an entity contracting with a local school system as a school vehicle attendant; Is employed by a local school system or an entity contracting with a local school system as a school vehicle attendant; and Is certified and verified by the local school system as having met all local and state requirements to be a school vehicle attendant. “School vehicle driver” means an individual who: Has applied for employment with a local school system or an entity contracting with a school system as a school vehicle driver; Is employed by a school system or an entity contracting with a school system as a school vehicle driver; or Is an owner-operator of a school vehicle; and Is certified and verified by the local school system as having met all local, state, and federal requirements to be a school vehicle driver. “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: Evaluate individuals who have violated a U.S. Department of Transportation controlled substance or alcohol regulation; and Make recommendations concerning education, treatment, follow-up testing, and aftercare. “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. In this chapter, the most recent version of the following documents are incorporated by reference, except that the alcohol concentration limit for disqualification is 0.02 or greater. Documents Incorporated. 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). This chapter applies to the local school systems and a public residential education program under Education Article, §8-701, Annotated Code of Maryland, that provide transportation services for public school students, students with disabilities for whom transportation is provided under Education Article, §8-410, Annotated Code of Maryland, in a public school, a school maintained by a State agency, and a nonpublic school. A local school system is responsible for the safe operation of its student transportation system and shall conform to the regulations promulgated by the U.S. Department of Transportation and the Maryland State Board of Education, and the procedures and guidelines established by the Department. A school system may adopt policies and procedures that do not conflict with existing federal and State statute, rules, regulations, policies, and procedures. Local policies and procedures may exceed the minimum requirements established in this chapter. A local school system shall designate an individual to be responsible for the administration of the student transportation program. The supervisor of transportation designated shall have sufficient time to perform all the duties of the position as detailed in this chapter and established by the policies of a local board of education. General. A school vehicle driver instructor shall: 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. Certification for Classroom Instruction. 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: Observe classroom instruction provided by a certified instructor designated by the Department; and Teach a lesson under the guidance of that certified instructor. Certification for Behind-the-Wheel Instruction. Certification to provide behind-the-wheel instruction requires that the prospective school vehicle driver instructor provide behind-the-wheel instruction to a school vehicle driver trainee while being observed by and under the direct supervision of a certified school vehicle driver instructor. School Vehicle Driver Trainee Qualifications. Before a school vehicle driver trainee transports a student in a school vehicle the trainee shall: 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. School Vehicle Driver Qualifications. A school vehicle driver shall: Do the following: Meet the requirements in §A of this regulation; and Complete the in-service instruction required under Regulation .10B of this chapter; Demonstrate the capacity to make appropriate decisions, especially in emergency situations; and Properly wear a seat belt when the school vehicle is in operation. School Vehicle Driver Evaluations. 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: Ride with the school vehicle driver on a regularly scheduled route to or from school; or Conduct an external observation, if an external observation is approved by the supervisor of transportation. 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. A school vehicle driver or trainee who does not meet the qualifications of the evaluation under Regulation .06C of this chapter may be disqualified from driving a school vehicle at the discretion of the supervisor of transportation, unless the supervisor of transportation determines that retraining, instruction, or both, are satisfactorily completed. Disqualification for Driving Record. 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. Disqualification for Criminal Conduct. A local school system shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual: Has been convicted of a crime or if criminal charges are pending against the individual for a crime involving: Child abuse or neglect; Contributing to the delinquency of a minor; Moral turpitude, if the offense bears directly on the individual's fitness to transport minors; An alcohol or controlled substances offense defined in federal or State law, unless the supervisor of transportation determines and reports the determination in writing, to the Department's Office of Student Transportation, that the permanent disqualification should not apply because mitigating circumstances exist; A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; Any action that may endanger the safety of students being transported; Driving a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or Driving a vehicle other than a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or Has a criminal history, including second degree assault, which in the opinion of the supervisor of transportation, makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification. 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. Disqualification for Unsafe Actions. Any unsafe action may lead to disqualification and termination of a school vehicle driver or trainee by the supervisor of transportation. Disqualification for Accidents. 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: Have a conference with the supervisor of transportation; and Attend appropriate classroom instruction if directed to do so by the supervisor of transportation. 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. Disqualified Driver Database. 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. A school vehicle attendant shall: 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. Disqualifications for Criminal Conduct. 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: Child abuse or neglect; Contributing to the delinquency of a minor; Moral turpitude, if the offense bears directly on the individual's fitness to assist minors; A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or Any conduct that may endanger the safety of students being transported. 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. Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the school vehicle attendant by the supervisor of transportation. Disqualified Attendant Database. 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. An alternative school vehicle driver shall: 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 Driver Training. 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. Disqualifications for Criminal Conduct. 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: Child abuse or neglect; Contributing to the delinquency of a minor; Moral turpitude, if the offense bears directly on the individual's fitness to assist minors; A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or Any conduct that may endanger the safety of students being transported. 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. Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the alternative school vehicle driver by the supervisor of transportation. Disqualification for Driving Record. If an alternative school vehicle driver has three or more current points, they shall be disqualified and the driver may not operate an alternative school vehicle. Disqualified Alternative School Vehicle Driver Database. 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. Preservice Instruction for School Vehicle Drivers. 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: First aid; Railroad grade crossing safety; and Bridge crossing safety. 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: A current holder of a commercial driver's license with a passenger and school bus endorsement for 3 years, and has received a minimum of 3 hours of behind-the-wheel instruction; or Currently certified as a school vehicle driver by a local school system, and has received a minimum of 3 hours of behind-the-wheel instruction. Class size shall be conducive to individualized instruction. In-Service Instruction for School Vehicle Drivers. 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: Shall be selected from the core or advanced units of the school vehicle driver instruction program developed by the Department; and May include other topics contained in the National Safety Council's Defensive Driving Course, controlled substances and alcohol regulations, or personnel and student safety issues. 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: First aid; and Bridge and railroad grade crossing. 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. School Vehicle Driver Recertification. 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. School Vehicle Attendant Instruction. 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: 1 hour of instruction in first aid; and 1 hour of instruction appropriate to the duties of the school vehicle attendant. 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. Instructional Records. A local school system shall maintain attendance records, electronic or printed format, of all preservice and in-service instructional sessions which include the following information, as appropriate: 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. Testing Program Required. 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. Disqualification of School Vehicle Drivers and Trainees. 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: Having an alcohol concentration test result of 0.02 or greater on a test required under this regulation; Possessing alcohol while on duty; Using alcohol while performing safety-sensitive functions; Using alcohol within 4 hours before or after performing safety-sensitive functions; Using alcohol within 8 hours following an accident requiring a post-accident alcohol test under 49 CFR §382.303, or until the driver undergoes the post-accident alcohol test, whichever occurs first; Refusal to submit to a controlled substances test required under this regulation; Refusal to submit to an alcohol test under this regulation; While on duty, using controlled substances legally prescribed by a licensed physician, unless the use is according to the instructions of the prescribing physician who has advised the school vehicle driver or trainee that the substance does not adversely affect the school vehicle driver’s or trainee’s ability to safely operate a school vehicle; or Testing positive for alcohol, controlled substances, or both on a test required under this regulation or by federal regulations. 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: After being directed to report for testing, fails to appear for any test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time, as determined by the employer or supervisor, and consistent with regulations; If an owner-operator or self-employed school vehicle driver, fails to appear for a test when notified to do so by an employer or supervisor; Fails to remain at the testing site until the testing process is completed; Fails to provide a urine specimen for any controlled substances test required by 49 CFR Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, or State or local regulations; Fails to permit the observation or monitoring of urine specimen collection under 49 CFR §§40.67(1) and 40.69(g); Fails to provide a sufficient amount of urine when directed and when it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure to do so; Fails or declines to take a second test as directed by the employer, supervisor of transportation, or collector; Fails to undergo a medical examination or evaluation within 5 business days, as directed by the medical review officer as part of the verification process, or as directed by the employer or supervisor as part of the “shy bladder” procedures, but in the case of a pre-employment controlled substances test, the applicant is considered to have refused to test without a medical evaluation or examination only if the pre-employment test is conducted following a contingent offer of employment; Fails to cooperate with any part of the testing process, including refusing to empty pockets when directed by the collector, or behaving in a confrontational way that disrupts the collection process, and in the case of a pre-employment test, including when the testing process actually commences; or When the medical review officer reports to the employer or supervisor that the donor has a verified adulterated or substituted specimen result. 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: The school vehicle driver or trainee leaves the testing site before the testing process actually commences; or The school vehicle driver or trainee does not leave a urine specimen because the individual left the testing site before the testing actually commences. A school vehicle driver or trainee is determined as having refused to take an alcohol test if the school vehicle driver or trainee: Fails to appear for a test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time as determined by the employer or supervisor and consistent with regulations, after being directed to report for a test; In the case of a school vehicle driver or trainee who is an owner-operator or self-employed school vehicle driver or trainee, fails to appear for a test when notified to do so by an employer or supervisor; Fails to attempt or to provide an adequate amount of saliva or breath for any alcohol test required by Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, State or local regulations; Fails to provide a sufficient breath specimen and the physician has determined through a required medical evaluation that there was no adequate medical explanation for the failure; Fails to undergo a medical examination or evaluation by a licensed medical physician within 5 business days, as directed by the employer or supervisor as part of the insufficient breath procedures; Fails to sign the U. S. Department of Transportation certification at Step 2 of the alcohol test form; or Fails to cooperate with any part of the testing process. 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. Reporting Disqualified Drivers. 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. Return to Service of Disqualified Drivers. 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. Local Authority. A local school system may establish additional policies with respect to the use or possession of alcohol or controlled substances, including any consequences for a school vehicle driver found to have a specified alcohol or controlled substance level, that are based on the local school system's authority independent of this regulation and are otherwise consistent with applicable law. Access to Records. 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. A school vehicle or school charter vehicle may not be used to transport students unless a vehicle acceptance sheet as required by the Department has been completed by the supervisor of transportation and is on file in the local transportation office. Type I or Type II school vehicles shall be used to transport students to and from school and school related activities when local school system sponsored transportation services are provided. Vehicles other than Type I or Type II school vehicles and MFSAB vehicles may be used to transport students to and from school if: 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. Alternative School Vehicles. Local boards of education that use alternative school vehicles shall: Develop written policies and procedures to utilize their alternative school vehicles; Require that the use of alternative school vehicles not expressly permitted by Education Article, §7-801(c), Annotated Code of Maryland and this chapter must be approved in writing by the local school board of education and must specify the length of time that the approved use of the vehicles will remain in effect; Carryout the requirements of Transportation Article, §11-154(b)(2), Annotated Code of Maryland; Require that three-point safety belts and other age-appropriate safety belts and equipment be worn by all passengers and students while in motion; Require that the designated areas for loading and unloading follow COMAR 11.19.06.05B; and Have insurance coverage be the same as for other school system-owned Class A, Class M, and contractor-owned vehicles. Alternative School Vehicle Standards. Unless the vehicle is a MFSAB, the vehicle shall: Have a Gross Vehicle Weight rating of less than 10,000 lbs. and Have a seating capacity of no more than ten passengers not including the driver. 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 Vehicle Inspections. 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. A Type I or Type II charter vehicle shall meet the Motor Vehicle Administration requirements for such vehicles. This regulation does not prohibit the transportation of students by commercial motor vehicles that are not exclusively engaged in the transportation of school students or by entities subject to this chapter which own or operate these vehicles. Vehicles used to transport students on regular routes shall be: New; or Previously registered school vehicles originally used to transport Maryland public school students. Spare Vehicles. Spare vehicles shall be available during the time route vehicles are in operation. Spare vehicles shall be: New; Previously registered regular route vehicles; or Vehicles purchased new and verified in writing by the Motor Vehicle Administration as originally used in Maryland to transport private or parochial school students. An electric-powered wheelchair may be transported in a school vehicle if it meets all of the following conditions: 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. Evacuations. School vehicle evacuations shall be conducted twice each school year. Vehicle Modification. A local school system may not permit an individual to operate a school vehicle if the individual is unable to operate the vehicle without modification of the original manufacturer's design and construction standards, unless the modification is approved in writing by the motor vehicle administration. Three safety inspections and a preventive maintenance inspection shall be conducted on each public school vehicle annually in accordance with Motor Vehicle Administration regulations and inspection standards. The supervisor of transportation or the Department's Chief of Pupil Transportation may require additional inspections of individual vehicles at any time. A daily preoperational check of each vehicle shall be performed each day the vehicle is operated. A post-operational check shall be conducted at the end of each trip. A school vehicle found to be mechanically unsafe shall be immediately discontinued from use until made safe and authorized to be placed in service again by the supervisor of transportation. Each local school system shall have a written procedure for conducting pre-operational and post-operational checks. The prime consideration is the safety of riders. Requirement for Stops. 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 four-lane highways, students shall be picked up and discharged on the side of the roadway where they reside. The use of taxicabs shall be kept to a minimum and restricted to those times when transportation by a school vehicle is not feasible. School vehicles shall be routed so that all students are seated and loads do not exceed the manufacturer's rated capacity. If an emergency situation creates an overload, this condition shall be corrected within a reasonable time. Every reasonable effort shall be made to eliminate the need for a school vehicle carrying passengers to cross a grade-level railroad crossing. A school vehicle with students on board may not be routed across an uncontrolled high-speed railroad crossing. Written or electronic route descriptions shall be maintained by each local school system. Loading zones shall be approved by the local superintendent of schools, the Maryland State Police, or the local police department, in cooperation with the State Highway Administration. Types of Loading Zones. On-Roadway Loading Zones. The location of the loading zone shall be on the travel portion of the roadway. The eight-light safety system shall be used during the execution of on-roadway loading. On-Highway Loading Zones. The loading zone shall be at least 81/2 feet wide and located completely off the roadway. It may be paved, but pavement is not required. The loading zone shall have a student waiting area adequate to accommodate the number of students involved. The loading zone may be near or at an intersection if the volume of traffic from the secondary street or road is low enough to warrant this location. Sight distance at the loading zone shall be adequate for safe ingress and egress. The eight-light safety system may not be used during the execution of on-highway loading. Off Highway Loading Zones. The location of the loading zone may not require the bus to back. Sight distance at the loading zone shall be adequate for safe ingress and egress. The loading zone may not be susceptible to blockage by parked vehicles. The eight-light safety system may not be used during the execution of off-highway loading. 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. Accident Reporting. By September 1 of each year, the supervisor of transportation shall submit a report through the Department's electronic reporting system for each school vehicle accident occurring during the previous fiscal year, for both publicly owned and contract vehicles. Only accidents that involve personal injury or appreciable damage shall be reported to the Department. Number of Students Transported. By November 30 of each year, the supervisor of transportation shall submit a report, in the format required by the Department and signed by the local superintendent of schools, of the number of students transported on the last Friday of October of that year, including distinct information on the number of disabled students transported. Operational Reporting. By July 15 of each year, the supervisor of transportation shall submit reports of the number of vehicles and the number of miles and hours of route operations for the previous fiscal year on the form required by the Department. Alcohol and Controlled Substances Testing. By March 15 of each year, the local supervisor of transportation shall submit an annual summary for the prior calendar year concerning the alcohol and controlled substances testing program, test results, and employment actions taken with respect to school vehicle drivers in the format required by the Department. Annual Report on Students with Disabilities. 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: Certification of preservice and in-service instruction provided to school vehicle drivers, attendants, and taxicab drivers on disabling conditions, behavior management techniques, passenger safety restraints, emergency procedures, and other appropriate topics; and Local regulations, policies, or procedures adopted since the submission of the last report for the transportation of students with disabilities. The Department shall annually review each applicable local school system's report for transporting students with disabilities. The supervisor of transportation shall consult with a county or State highway administrator to ensure that grade-level railroad crossings and bridge crossings are reviewed annually. This shall be done prior to the beginning of each school year. Evidence that a review of grade-level railroad and bridge crossings has been conducted shall be maintained in the transportation office of the local school system. Taxicab drivers involved in transporting students with disabilities to nonpublic special education facilities shall: 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. A local school system shall maintain a file for each taxicab driver regularly engaged in handling and transporting students with disabilities. The file shall contain the following documents: 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. Preservice and in-service instruction for taxicab drivers shall include information on disabling conditions, behavior management techniques, passenger safety restraints, emergency procedures, and other appropriate topics, unless a suitably trained attendant accompanies the student. Grants for the transportation of students with disabilities in the amount specified in Education Article, §5-218, Annotated Code of Maryland, shall be distributed on a bimonthly basis. The disabled student transportation grant shall be distributed to each local board of education. The amount of the grant shall be based upon the number of disabled students requiring special transportation services who were transported by a local board of education, on the last Friday of October of the prior fiscal year. The State Superintendent of Schools may make an exception to this chapter under emergency conditions if compliance with this chapter may make the operation of student transportation impossible or unsafe due to an act of God, strike, rebellion, or other unforeseen disturbance. An exception granted by the State Superintendent of Schools shall remain in effect only until the next regular meeting of the State Board of Education. Unless it is a transit style school vehicle placed into operation before July 1, 2004, or it was under contract before July 1, 2004 to be purchased, a school vehicle may not be used for more than 12 years, unless the conditions for its extended use are satisfied under Education Article, §7-804(b), Annotated Code of Maryland, or it is specifically exempted by statute. A school vehicle may not be used at any time to transport students if it has been in operation for 15 years or more. A school vehicle driver or attendant who has exhausted the local school system appeal process, may appeal to the State Board of Education under COMAR 13A.01.05. Education Article, §§2-205, 5-218, and 8-410, Annotated Code of Maryland Effective date: October 29, 1975 (2:24 Md. R. 1482) Chapter revised effective August 4, 1976 (3:16 Md. R. 854) Regulations .01A, .03F, .04E, J, K, L, .05, and .06 amended effective August 3, 1977 (4:16 Md. R. 1214) Chapter revised effective December 29, 1978 (5:26 Md. R. 1927) Regulation .01B amended effective February 20, 1981 (8:4 Md. R. 344) Regulation .01D amended effective October 31, 1980 (7:22 Md. R. 2075) Chapter revised effective December 21, 1981 (8:25 Md. R. 1996) Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .02A amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .02B amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .03 repealed as an emergency provision effective May 10, 1983 (10:11 Md. R. 972); repealed permanently effective August 1, 1983 (10:15 Md. R. 1351) Regulations .03 and .09-1 adopted effective July 1, 1985 (12:13 Md. R. 1281) Regulation .03 amended effective October 16, 1989 (16:20 Md. R. 2182); July 9, 1990 (17:13 Md. R. 1612) Regulation .03A amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .04B amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .05 amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .06A amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .09A amended effective October 16, 1989 (16:20 Md. R. 2182) Regulation .09-1A and C amended effective July 1, 1988 (15:6 Md. R. 741) Regulation .09-1 amended and recodified as Regulation .10 effective July 1, 1989 (16:9 Md. R. 995) Regulation .10 amended and recodified as Regulation .12 effective July 1, 1989 (16:9 Md. R. 995) Regulation .11 adopted effective July 1, 1989 (16:9 Md. R. 995) Regulations .01—.12 repealed and new Regulations .01—.17 adopted effective August 31, 1992 (19:17 Md. R. 1608) Regulation .01B amended effective November 6, 1995 (22:22 Md. R. 1668) Regulation .01-1 adopted effective November 6, 1995 (22:22 Md. R. 1668) Regulation .03 amended effective April 6, 1998 (25:7 Md. R. 528) Regulation .05 amended effective November 6, 1995 (22:22 Md. R. 1668) Regulation .08C, D repealed effective November 6, 1995 (22:22 Md. R. 1668) Regulation .08-1 adopted effective November 6, 1995 (22:22 Md. R. 1668) Regulation .09D amended effective March 29, 1993 (20:6 Md. R. 583) Regulation .13D amended effective November 6, 1995 (22:22 Md. R. 1668) Regulation .15C amended effective November 6, 1995 (22:22 Md. R. 1668) Regulations .01—.17 repealed and new Regulations .01—.18 adopted effective October 1, 2001 (28:19 Md. R. 1686) Chapter revised effective October 8, 2007 (34:20 Md. R. 1740) Regulation .01B amended effective March 27, 2017 (44:6 Md. R. 326); December 31, 2018 (45:26 Md. R. 1248) Regulation .06B amended effective December 31, 2018 (45:26 Md. R. 1248) Regulation .07 amended effective December 31, 2018 (45:26 Md. R. 1248) Regulation .08 amended effective December 31, 2018 (45:26 Md. R. 1248) Regulation .08B amended effective March 27, 2017 (44:6 Md. R. 326) Regulation .09A,C,D amended effective March 27, 2017 (44:6 Md. R. 326) Regulation .10 amended effective December 31, 2018 (45:26 Md. R. 1248) Regulation .10C amended effective March 27, 2017 (44:6 Md. R. 326) Chapter revised effective February 21, 2022 (49:4 Md. R. 301) Regulation .06AB amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .07C amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .08A amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .11D amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .12C amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .18A amended effective July 24, 2023 (50:14 Md. R. 594) Regulation .19A amended effective July 24, 2023 (50:14 Md. R. 594) This chapter implements Education Article, §7-433 and Health-General Article, §14-501, Annotated Code of Maryland, to establish a program of concussion awareness and prevention throughout the State of Maryland for student-athletes, their parents or guardians, and their coaches. In this chapter, the following terms have the meanings indicated. Terms Defined. “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 Policies and Programs on Concussions for Public Schools and Youth Sport Programs (Maryland State Department of Education, updated through December 2012) is incorporated by reference. Each local school system shall train each coach in concussion risk and management. At a minimum, the coach’s training shall include: 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. Each school system shall require a certificate of completion from a coaches’ training course with refresher training every 2 years as a condition of coaching employment. Each school system shall require all Physical Education teachers to provide a certificate of completion of concussion education training. Each school system shall implement policies consistent with this chapter and the Policies and Programs on Concussions for Public Schools and Youth Sport Programs to assure student-athletes, parents, or guardians and school personnel receive an informational sheet describing: 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. Under the policy, each school system shall require every student-athlete and at least one parent or guardian to verify in writing that they have received information on concussions and sign a statement acknowledging receipt of the information before a student participates in an authorized interscholastic athletic activity. By August 15, 2013, each local school system shall implement policies consistent with the Policies and Programs on Concussions for Public Schools and Youth Sport Programs that: 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. By August 15, 2013 the MSDE in collaboration with an appropriate medical, academic and athletic advisory team shall: Identify collision, contact, and noncontact sports; and Recommend limitations of contact exposures in those sports. Any student-athlete suspected of sustaining a concussion shall immediately be removed from practice or play. Each school shall use the graduated return to play protocols instituted in the Policies and Programs on Concussions for Public Schools and Youth Sport Programs. The student-athlete may not return to play until the student receives written clearance after receiving an appropriate medical assessment by one of the following: 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. To assist student-athletes, parents, and school personnel, to manage concussion events, each local school system shall provide to all involved persons: Written notification of possible head injury; Medical clearance forms for gradual return to sports participation following concussion; and Graduated return to play protocols. Youth sports programs seeking to use school facilities shall verify in writing distribution of concussion information to parents or guardians and receive verifiable acknowledgement of receipt. Each youth sports program shall annually affirm to the local school system their compliance with concussion information procedures. Education Article, §7-433; Health-General Article, §14-501; Annotated Code of Maryland Effective date: June 10, 2013 (40:11 Md. R. 975) The Maryland Early Literacy Initiative is a grant program that will assist up to 50 qualifying schools in at least three school systems to implement an evidence-based literacy program in the school to work with participating students to meet literacy proficiency targets by the end of eighth grade. In this chapter, the following terms have the meanings indicated. Terms Defined. 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: Is based in the State; Is incorporated or registered under the laws of the State; Is exempt from federal income tax under §501(c)(3), (4), or (6) of the Internal Revenue Code; Is current in the payment of all tax obligations to the State or any unit or subdivision of the State; and Has been in active business for 3 years or more at the time the application is submitted or has a fiscal sponsor who can meet the requirements of this section. “Participating student” means a student: In prekindergarten through eighth grade; or A student who performs below a certain score, as determined by the Department, on the assessment the Department uses to assess reading level. “Qualifying school” means a public school categorized by the local school system as a Title I school. For the 2018—19 school year through the 2021—22 school year, a qualifying school may apply to the Department to receive a grant to develop an evidence-based early literacy program. A qualifying school may apply for a grant only if the local superintendent endorses the school’s grant application. A qualifying school may coordinate and partner with other qualifying schools in the county to apply jointly for a grant to develop a literacy program among the partnering qualifying schools. A qualifying school may apply for and accept donations, grants, or other financial assistance from a governmental entity, a nonprofit organization, or any other private organization to benefit the literacy program. A local school board may apply on behalf of one or more qualifying schools in the local school system. An application shall: 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: The literacy program to be implemented at the qualifying school; The training that will be provided to the interventionist to provide the services in this section; How the literacy program will meet the grant requirements in this section; and Any other information required by the Department. A literacy program developed under the Initiative shall: 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. To the extent that funds are available, the Department shall distribute up to 50 grants in at least three school systems for a 2-year period. In awarding grants under the Initiative, the Department will fund only those qualifying schools that 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. If the number of applications exceeds the number of available grants, the Department shall give priority to a qualifying school serving a high concentration of students in prekindergarten through third grade who are living in poverty. A grant made to each qualifying school may not exceed $75,000 each year. A grant made under this section shall be renewed by the Department after a 2-year period if the qualifying school presents evidence that the qualifying school is: In compliance with all grant requirements; and Meeting identified targets and benchmarks. Education Article, §§2-205 and 5-216, Annotated Code of Maryland;Ch. 361, Acts of 2018 Effective date: December 31, 2018 (45:26 Md. R. 1249) The purpose of this action is to implement Education Article, §7-129, Annotated Code of Maryland, which establishes a Purple Star Schools Program to recognize public schools that provide strong services and support for military-connected students and their families when, as a result of military service, a military-connected student transfers schools. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Maryland State Department of Education. “Military-connected student” means a student who is a dependent of: A current member of: The United States military serving in the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard on active duty; The National Oceanic and Atmospheric Administration Commissioned Officer Corps; The Public Health Service Commissioned Corps; The Maryland National Guard; The National Guard of any other State; or A reserve force of the United States military; or A member of a military or reserve force described in §B(2)(a) of this regulation who was killed in the line of duty. To be eligible for designation as a Purple Star School, a public school shall: Designate a staff member as a military liaison, whose duties include: Identifying military-connected students who are newly enrolled or soon to be enrolled at the school; Serving as the point of contact between the school and the newly enrolled or soon to be enrolled military-connected students and their families; Determining appropriate school services available to newly enrolled or soon to be enrolled military-connected students; Assisting in coordinating school programs for newly enrolled or soon to be enrolled military-connected students; Providing information, resources, and professional development to school staff on the needs of military-connected students and their families; and Generally aiding with a military-connected student’s transition to a new school; Establish on the school’s website an easily accessible webpage that includes resources for military-connected students and their families, including information regarding: Relocation to, enrollment at, registration at, and transferring records to the school; Preparation for a move from a student’s current school to the school at which the student is newly enrolled or is soon to be enrolled; Academic planning, course sequences, advanced classes, and graduation requirements; Special education and related services; and Counseling and other support services available for military-connected students transitioning into the school; 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: Facilitating guided tours of the campus; Organizing an orientation to familiarize the new student with school information; and If requested, accompanying the student throughout the campus during the first week of school during school hours; and Offer professional development to school staff on issues related to military-connected students transferring to new schools. A public school may partner with a county board to fulfill the criteria described in §A of this regulation to qualify as a Purple Star School. To be considered for designation as a Purple Star School, a public school’s military liaison shall complete an application available on the Department’s website. The Department will release the Purple Star School application on December 1 of each year, beginning with the 2023—2024 school year. A public school that receives the Purple Star School designation shall hold the designation for a period of 2 school years and be eligible to reapply for the designation in the final year of the 2-year period. A public school that fails to receive the Purple Star School designation is eligible to reapply for the designation the following year. The Department shall identify a panel of stakeholders to review Purple Star School applications based on the criteria described in Regulation .03 of this chapter. The Department shall issue its decision on a Purple Star School application no later than the end of the school year in the local school system where the applicant school is located. Education Article, §§2-205 and 7-129, Annotated Code of Maryland, Ch. 361, Acts of 2018 Effective date: March 20, 2023 (50:5 Md. R. 182) Regulation .02B amended effective March 3, 2025 (52:4 Md. R. 219)