Title 13A — Subtitle 08. Students

Who Shall Attend. Each child who resides in this State and is 5 years old or older and under 18 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age, or the child is exempted under Regulation .02-2A of this chapter.

A child who resides in this State shall attend a public or nonpublic kindergarten program regularly during the school year before entering the first grade unless the child is enrolled in an alternative program as specified in Regulation .02-2B of this chapter or is receiving home instruction as provided in COMAR 13A.10.01.

A child who resides in this State and attends a nonpublic kindergarten program for part of the year may transfer to a public kindergarten if the child meets the minimum age requirement for admission to a public school kindergarten program, as set forth in Regulation .02B(2) of this chapter.

Students shall be considered in attendance at school when participating in school-sponsored activities during the school day, and when that participation is approved by the local superintendent of schools or the school principal, or their designees. Students shall be considered in attendance in an alternative program setting when participating in activities during the day sponsored by the alternative program, and when that participation is approved by the director of a licensed child care center, registered family day care home, or Head Start 5-year-old program.

Daily Attendance Record. A record of the daily attendance of each student shall be kept in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference in COMAR 13A.08.02.01.

Prekindergarten.

Kindergarten.

First Grade.

In Regulation .02-2 of this chapter, the following terms have the meanings indicated.

Terms Defined.

Level of Maturity Waiver.

Alternative Program Settings.

Non-State Residents. A 5-year-old child who moves into Maryland who has had a kindergarten experience in another state for part of the school year shall be enrolled in kindergarten. A 6-year-old child who moves into Maryland who has not had a kindergarten experience may be enrolled in kindergarten or first grade. The local school system shall determine the appropriate grade placement of a 6-year-old child who moves into Maryland based on a review of the documentation provided by the parent or guardian.

Statewide Assessment.

Assessment Process.

Consultation with Teachers. Before administering the Department-approved kindergarten readiness assessment, the local school system shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.

Death in the immediate family. The local school system shall determine what relationships constitute the immediate family.

Illness of the student, as follows:

Pregnancy and parenting related conditions as determined by the local school system, including absences due to:

Court summons.

Hazardous weather conditions. Hazardous weather conditions shall be interpreted to mean weather conditions which would endanger the health or safety of the student when in transit to and from school.

Work approved or sponsored by the school, the local school system, or the State Department of Education, accepted by the local superintendent of schools or the school principal, or their designees as reason for excusing the students.

Observance of a religious holiday.

State emergency.

Suspension.

Lack of authorized transportation. This does not include students denied authorized transportation for disciplinary reasons.

Other emergency or set of circumstances which, in the judgment of the superintendent or designee, constitutes a good and sufficient cause for absence from school.

An absence, including absence for any portion of the day, for any reason other than those cited as lawful are presumed to be unlawful and may constitute truancy. Local school systems may add specified criteria for unlawful absences to local board-approved attendance policies.

Truancy. A truant is a student who is absent without lawful cause as defined in Regulation .03, of this chapter, from the attendance for a school day or portion of it.

Habitual Truant. A student is an habitual truant if the student is unlawfully absent from school for a number of days or portion of days in excess of 20 percent of the school days within any marking period, semester, or year. A local school system has the prerogative of defining habitual truancy in a more but not less stringent manner (for example, unlawful absences in excess of 15 percent of the school days).

Definitions. In this regulation, the following terms have the meanings indicated.

Each local school system shall develop a student attendance policy which includes the following.

Each local school system shall:

The Department will collect data on student attendance to support local school systems in the development and implementation of local student attendance policies.

The Maryland Pupil Attendance Register prescribes the withdrawal status for students. In general a student will be withdrawn when the student has completed a high school program, transfers to another school, or terminates the student's formal education.

Graduate.

Dropout.

Nontraditional Graduate.

Each local school system shall develop and implement a procedure to conduct an educational interview with all students who leave school before graduation, or with their parent or guardian, or all of the above. At a minimum, the interview should encourage the student to remain in the student's current school program or enroll in an alternative school program, verify the reason, or reasons, for a student dropping out of school, and ensure that the parent or guardian is informed.

Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.

Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.

Alcohol and Other Drugs Policy. Consistent with Regulations .11—.15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of education shall adopt a policy on alcohol and other drug use or possession, or both, by students, which shall address at least the following areas:

Coordination with Local Law Enforcement.

All student organizations desiring to conduct activities in public school buildings or on public school grounds shall be permitted to conduct these activities only if authorized to do so and shall thereafter be subject to the supervision of the administration and faculty of the school.

Any secret, exclusive, or self-perpetuating organization which seeks to organize and perpetuate itself by taking in members from among the students enrolled in the public schools in which they are students, upon the basis of decision of the membership of the organization, rather than from the free choice of any students in the school who are qualified to fill the special aims of the organization, shall be prohibited from conducting its activities in public school buildings or on public school grounds.

Each local board of education shall have a document on students' responsibilities and rights.

This document shall conform to guidelines established by the State Board of Education.

The local document shall be disseminated periodically to all members of the school community, including students, teachers, administrators, and parents or guardians.

There shall be broad involvement of representatives of the school community in the review of the document.

Local Board Authority. Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools. In the context of school discipline, by the beginning of school year 2014—2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regulations at minimum shall:

Terms Defined. In this regulation, the following terms have the meanings indicated:

Suspension and Expulsion.

Restitution. Unless the student is referred to the Department of Juvenile Services, if a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian, and other appropriate individual, the principal shall require the student or the student's parent or guardian to make restitution. The restitution may be made in the form of monetary restitution not to exceed the lesser of the fair market value of the property, or $2,500, or by the student's assignment to a school work project, or both.

Corporal Punishment. Corporal punishment may not be used to discipline a student in a public school in the State.

Minimum Education Services. In order to establish accountability and keep suspended or expelled students on track with classroom work, as is reasonably possible, each local board shall institute education services that at a minimum provide that:

Education Services During Short-Term Suspensions.

Intervention and Support.

When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.

When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting officer, and the location of the student.

When an arrest has taken place on school premises or during school hours, every effort shall be made by school officials to inform the parent or guardians immediately and thereafter promptly to advise the local superintendent of schools.

Arrest on school premises during school hours shall be effectuated in such a manner as to avoid both embarrassment to the student being arrested and jeopardizing the safety and welfare of other students.

School officials may not permit questioning of a student under arrest on the school premises and shall request the arresting officer to remove the student from the premises as soon as practicable after the arrest is made.

Beginning in the 2015—2016 school year, data on school arrests shall be reported in a manner and format developed by the Department, in consultation with local school systems, and approved by the State Board.

In this regulation, the following terms have the meanings indicated:

General Provisions.

Students with Disabilities. An identified student with disabilities who brings a firearm onto school property or to a school-sponsored activity or who possesses a firearm on school property or at a school-sponsored activity may be suspended or expelled in accordance with the procedures set out in Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.

Administrative Procedures.

Nothing in this regulation precludes a local school system from developing or applying more stringent regulations and procedures.

Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughout that questioning.

A local school system shall permit personnel from a local department of social services or a police officer to question a student on school premises during the school day in an investigation involving suspected child neglect or suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland. The following apply:

Except as provided in §D of this regulation, whenever investigative questioning of students is permitted on the premises, the school official shall promptly advise the parent or guardians and the local superintendent's office of the nature of the investigation and such other details as may be required.

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child neglect and suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland.

In the absence of an arrest, school officials may not authorize the removal of a student from school for the purpose of investigative questioning without the consent of the parent or guardians, except as provided below:

Search of Student by Principal, Assistant Principal, or School Security Guard.

Search of School by Principal, Assistant Principal, or School Security Guard.

Search of Student on School-Sponsored Trip by Teacher.

Police officers shall conduct searches of students and the school premises in accordance with their established policies and procedures.

A school official may not conduct a search of the person of a student at the request of a police officer unless a search warrant has been issued authorizing the search.

Every effort shall be made to conduct searches in a manner which will minimize disruption of the normal school routine and minimize embarrassment to students affected.

Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.

Delinquent acts do not include conduct which has been traditionally treated as a matter of discipline to be handled administratively by the particular school, except that all conduct of a serious nature should be promptly reported to the parent or guardians concerned.

Beginning in the 2015—2016 school year, the local school systems shall report data to the Department on school arrests and referrals to law enforcement agencies or to the juvenile justice system in a form and manner developed by the Department, in consultation with local school systems, and approved by the State Board.

Terms Defined. In this regulation the following terms have the meanings indicated:

Notification by Law Enforcement. If a student is arrested for a reportable offense or an offense that is related to the student’s membership in a criminal organization, the law enforcement agency making the arrest:

Safety Determination Procedures and Plan.

Removal from Regular School Program.

Review Procedures.

Confidentiality of Information and Retention of Documents.

Students with Disabilities.

Reportable Offense Involving Rape or a Sexual Offense.

General Provisions.

Data Collection.

In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated.

Terms Defined.

Probationary Status.

Persistently Dangerous Designation.

Each local school system shall allow a student attending a public elementary or secondary school to attend a safe public elementary or secondary school within the school system if the student:

The local school system shall effectuate a transfer pursuant to §A of this regulation in a timely manner following either the:

To the extent possible, the local school system shall allow a student to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action, or restructuring.

Each local superintendent of schools shall certify annually in writing to the State Superintendent of Schools that Regulations .18—.20 of this chapter are implemented.

The State Department of Education shall:

The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.

The Department may use the discrepancy model to assess the impact of discipline on special education students.

If the Department identifies a school’s discipline process as having a disproportionate impact on minority students or a discrepant impact on special education students, the local school system shall prepare and present to the State Board a plan to reduce the impact within 1 year and eliminate it within 3 years.

The local school system will report its progress annually to the State Board.

Have full access to all official records about the student which are maintained by an educational institution or local school system;

Have removed from those records any information about the student which is determined to be inaccurate or misleading;

Enjoy confidentiality and privacy in regard to the disclosure of information contained in those records to outside agencies; and

Provide for efficient student records management.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Student Records.

Procedures for Administration. Records shall be kept for individual students in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual.

Confidentiality. Individual student records maintained by teachers or other school personnel under the provisions of this title are to be confidential in nature, and access to these records may be granted only for the purpose of serving legitimate and recognized educational ends. Individual student records, with the exception of records that are designated as permanent, and with other exceptions provided by law, shall be destroyed when they are no longer able to serve legitimate and recognized educational ends.

Access of Records. Records of a student maintained under the provisions of this title, including confidential records, shall be available to that student's parent or parents (noncustodial—see Regulation .30 of this chapter) or legal guardians in conference with appropriate school personnel. For purposes of this regulation, the term “records” does not include an education department employee's personal notes which are not made available to any other person.

Guidelines and standards for the retention and disposition of student records maintained under this title shall be those adopted in the Maryland Student Records System Manual.

Individual student records not required or specifically regulated by other State or local regulations shall be destroyed when they no longer serve legitimate education purposes, subject to the following exceptions:

To ensure that student records maintained under this title are relevant and accurate, a local school system and educational institution regulated by the State Board of Education shall provide for review and updating of student records.

Changes in identifying information, results of individual and group standardized tests, and health data shall be made within a reasonable time after these changes occur during the school year.

Review of student records shall occur at least under the following conditions:

Each principal of an educational institution shall certify annually in writing to the local superintendent the accuracy of student data maintained in the student records at the educational institution.

For purposes of this regulation, if a student is 18 years old or older, the rights accorded to and the consent required of the parent or guardian of the student shall thereafter only be accorded to and required of the eligible student.

The status of an eligible student as a dependent of the student's parent or guardian does not otherwise affect the rights accorded to and the consent required of the eligible student.

This regulation does not preclude a local school system or educational institution from according to students rights in addition to those accorded to parents or guardians of students.

Each local school system or educational institution shall give parents or guardians of students in attendance or eligible students in attendance at the local school system or educational institution annual notice by such means as are reasonably likely to inform them of their right to:

The notice shall include all of the following:

A local school system or educational institution of elementary and secondary education shall provide a means to effectively notify:

A local school system or educational institution may charge a fee for copies of student records which are made for the parents or guardians of students, students, and eligible students under this chapter, if the fee does not effectively prevent the parents or guardians and students from exercising their right to inspect and review those records.

A local school system or educational institution may not charge a fee to search for or to retrieve the student records.

Subject to the limitations in this regulation, a parent or guardian of a student or an eligible student may waive any of his or her rights under §438 of the Act or this chapter. A waiver may not be valid unless in writing and signed by the parent, guardian, or eligible student, as appropriate.

A local school system or educational institution may not require that a parent or guardian of a student, or an eligible student, waive his or her rights under this regulation. This section does not preclude a local school system or educational institution from requesting a waiver.

An individual who is an applicant for admission to an institution of postsecondary education or employment may waive the individual's right to inspect and review confidential letters and confidential statements of recommendation respecting admission to an educational institution, application for employment, or the receipt of an honorary recognition.

A waiver under §C of this regulation may apply to confidential letters and statements only if:

A waiver under §C of this regulation shall be executed by the individual, regardless of age, rather than by the parent or guardian of the individual.

A waiver under this regulation may be made with respect to specified classes of student records, and persons or institutions.

Revocation of Waiver.

Except as limited under Regulation .12 of this chapter, a parent, guardian, or eligible student shall be given the opportunity to inspect and review the student records. This applies to:

The local school system or educational agency or institution shall comply with a request for access to student records not more than 45 calendar days after the request has been made. For purposes of this section, a State educational agency and its components:

The local school system or educational institution shall respond to reasonable requests for explanations and interpretations of the student records.

If circumstances effectively prevent the parent, guardian, or eligible student from exercising the right to inspect and review the student records, the local school system or educational institution, or State educational agency or its component, shall:

The parent or guardian of a student or an eligible student, who believes that information contained in the student records is inaccurate or misleading or violates the privacy rights of the student, may request that the local school system or educational institution which maintains the records amend them.

The local school system or educational institution shall decide whether to amend the student records in accordance with the request within a reasonable period of time of receipt of the request.

If the local school system or educational institution decides to refuse to amend the student records in accordance with the request, it shall so inform the parent or guardian of the student or the eligible student of the refusal, and advise the parent, guardian, or the eligible student of the right to a hearing.

A local school system or educational institution shall, on request, provide an opportunity for a hearing in order to challenge the content of a student's student records to ensure that information in the student records is not inaccurate, misleading, or otherwise in violation of the privacy rights of students. The hearing shall be conducted in accordance with Regulation .16 of this chapter.

If, as a result of the hearing, the local school system or educational institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the student records accordingly and so inform the parent or guardian of the student or the eligible student in writing.

If, as a result of the hearing, the local school system or educational institution decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent, guardian, or eligible student of the right to place in the student records a statement commenting upon the information in the student records setting forth any reasons for disagreeing with the decision of the system or institution, or both.

An explanation placed in the student records under §C of this regulation shall be maintained by the local school system or educational institution as part of the student records as long as the records or contested portion of the records are maintained by the system or institution. If the student records or the contested portion of the records are disclosed by the local school system or educational institution to any party, the explanation shall also be disclosed to that party.

The hearing required to be held by Regulation .15 of this chapter shall be conducted according to procedures which shall include at least the following elements:

If the decision rendered by the local school administrator is not acceptable to the parent, guardian, or eligible student, appeal can be made according to local procedures.

The parent or guardian of a student or the eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student records, other than directory information, except as provided in Regulation .19 of this chapter.

Whenever written consent is required, a local school system or educational institution may presume that the parent or guardian of the student or the eligible student giving consent has the authority to do so unless the system or institution has been provided with evidence that there is a legally binding instrument or a State law or court order governing such matters as divorce, separation, or custody, which provides to the contrary.

The written consent required by §A of this regulation shall be signed and dated by the parent or guardian of the student or the eligible student giving the consent, and shall include:

The local school system may develop a wide range content statement for the release of all data.

When a disclosure is made pursuant to §A of this regulation, the local school system or educational institution shall, upon request, provide a copy of the record which is disclosed to the parent or guardian of the student or the eligible student, and to the student who is not an eligible student, if so requested by the student's parent or guardian.

A local school system or educational institution may disclose personally identifiable information from the student records without the written consent of the parent or guardian of the student or the eligible student, if the disclosure is:

If a third party fails to destroy information, in violation of §A(6) of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.

This regulation does not require or preclude disclosure of any personally identifiable information from the educational records of a student by a local school system or educational institution to the parties set forth in §A of this regulation.

For each request for and each disclosure of personally identifiable information from the student records, a local school system or educational institution shall maintain a record, kept with the student records, which indicates:

Section A of this regulation does not apply to disclosures:

The record of disclosures may be inspected:

A local school system or educational institution may disclose personally identifiable information from the student records only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent or guardian of the student or the eligible student, except that the personally identifiable information which is disclosed to an institution, school system, or organization may be used by its officers, employees, and agents, but only for the purposes for which the disclosure was made.

Section A of this regulation does not preclude a local school system or educational institution from disclosing personally identifiable information under Regulation .19 of this chapter, with the understanding that the information will be redisclosed to other parties under this regulation, if the record-keeping requirements of Regulation .20 of this chapter are met with respect to each of those parties.

Section A of this regulation does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas under Regulation .19A(9) of this chapter, or to disclosures of directory information under Regulation .25 of this chapter.

Except for the disclosure of directory information under Regulation .25 of this chapter, or disclosure made pursuant to court orders or subpoenas under Regulation .19A(9) of this chapter, a local school system or educational institution shall inform the party to whom a disclosure is made of the requirement set forth in §A of this regulation.

If a third party improperly rediscloses personally identifiable information from student records in violation of §A of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.

A local school system or educational institution transferring the student records pursuant to Regulation .19A(2) of this chapter shall:

If a student is enrolled in more than one school, or receives services from more than one school, the schools may disclose information from the student records to each other without obtaining the written consent of the parent or guardian of the student or the eligible student, if the disclosure meets the requirements of §A of this regulation.

This chapter does not preclude authorized representatives or officials listed in Regulation .19A(3) of this chapter from having access to student and other records which may be necessary in connection with the audit and evaluation of federal or State-supported education programs, or in connection with the enforcement of or compliance with the federal legal requirements which relate to these programs.

Except when the consent of the parent or guardian of a student or an eligible student has been obtained under Regulation .18 of this chapter, or when the collection of personally identifiable information is specifically authorized by federal law, any data collected by officials listed in Regulation .19A(3) of this chapter shall be protected in a manner which will not permit the personal identification of students and their parents or guardians by other than those officials. Personally identifiable data shall be destroyed when no longer needed for an audit, evaluation, or enforcement of or compliance with federal legal requirements.

A local school system or educational institution may disclose personally identifiable information from the student records to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

The factors to be taken into account in determining whether personally identifiable information from the student records may be disclosed under this regulation include the following:

Section A of this regulation shall be strictly construed.

A local school system or educational institution may disclose personally identifiable information from the student records of a student who is in attendance at the institution or system if that information has been designated as directory information under §C of this regulation.

A local school system or educational institution may disclose directory information from the student records of an individual who is no longer in attendance at the system or institution without following the procedures under §C of this regulation.

A local school system or educational institution which wishes to designate directory information shall give public notice of the following:

If reporting or disclosure allowed by State statute adopted after November 19, 1974, concerns the juvenile justice system and the system's ability to effectively serve, before adjudication, the student whose records are released, a local school system or educational institution may disclose student records under Regulation .19A(5)(b) of this chapter.

The officials and authorities to whom the records are disclosed shall certify in writing to the local school system or educational institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent or eligible student.

This chapter does not affect the rights of parents or guardians to examine students' records pursuant to COMAR 13A.05.01.

A local school system or educational institution may presume that either parent or legal guardian of the student has authority to inspect and review the student records unless the local school system or educational institution has been provided with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student records.

If the parents are separated, divorced, or otherwise living apart, the local school system shall permit both the custodial and noncustodial parent to inspect and review the student records in accordance with Regulation .13 of this chapter except as otherwise provided in §F of this regulation.

If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the local school system shall provide the noncustodial parent copies of the information except as otherwise provided in §F of this regulation.

For purposes of this regulation, “school-related information provided to a custodial parent” means:

The local school system may require a noncustodial parent, who requests to be provided with copies of school-related information provided to the custodial parent, to:

The local school system shall waive any fees under §D of this regulation if the noncustodial parent files a notarized statement that the parent is unable to pay the fees.

If the custodial parent provides the local school system with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student's student records or other school-related information, the local school system may not disclose the student records or the school-related information to the noncustodial parent.

Each local school system shall develop a policy and procedure to implement the requirements of this regulation. Information concerning this regulation shall be included in statements on student and parent rights and responsibilities and shall be disseminated to all custodial and identified noncustodial parents at each local school.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Removal of a Student with a Disability for not More than 10 Consecutive School Days.

Removal of a Student with a Disability for More than 10 School Days.

Notify the parents of the decision; and

Provide the parents with the procedural safeguards notice in accordance with COMAR 13A.05.01.11A.

Removal constitutes a change of placement if a student with a disability is:

To determine if the removal constitutes a pattern of removals, the IEP team shall consider the:

During any period of removal beyond 10 school days or its cumulative equivalent, the public agency shall provide services to the extent necessary in accordance with Regulation .03B(3) of this chapter.

A public agency may remove a student with a disability for up to 45 school days to an interim alternative educational setting if, while at school, on school premises, or at a school function under the jurisdiction of the State or a public agency, the student:

The IEP team shall determine the interim alternative educational setting.

An interim alternative educational setting shall enable the student with a disability to:

A student with a disability removed from the student's current placement consistent with §A of this regulation shall:

If a public agency believes the behavior of a student with a disability is likely to result in injury to the student or others, a public agency may request a due process hearing to seek the removal of the student to an interim alternative educational setting.

If a public agency maintains that it is dangerous for the student with a disability to be in the current placement during the pendency of the due process hearing, the public agency may request that the due process hearing be expedited.

An administrative law judge may order a change in placement to an interim alternative educational setting for not more than 45 school days if the administrative law judge determines that the public agency has demonstrated, beyond a preponderance of the evidence, that maintaining the current placement of the student with a disability is substantially likely to result in injury to the student or others.

In making the determination in accordance with §G of this regulation, an administrative law judge shall consider whether:

A student with a disability may be removed to an interim alternative educational setting in accordance with §A of this regulation without regard to whether the behavior is determined to be a manifestation of the student's disability.

The IEP team shall meet within 10 business days of the removal of a student with a disability to develop an assessment plan if the IEP team has not:

As soon as possible after the completion of the assessments determined appropriate by the IEP team as set forth in §A of this regulation, the IEP team shall meet to:

If the student with a disability has a behavioral intervention plan, the IEP team shall meet within 10 business days of the removal to review the plan to address the behavior that resulted in the removal, and determine if:

For subsequent disciplinary removals of the student beyond the first 10 school days the student is removed during the school year, the IEP team shall meet to review the student's behavioral intervention plan as set forth in §C of this regulation.

The IEP team shall modify the behavioral implementation plan and its implementation to the extent the IEP team determines necessary.

Meetings of the IEP team as set forth in §A of this regulation and in Regulation .08B of this chapter may be conducted at the same IEP team meeting.

The IEP team shall meet to determine whether a student's behavior that resulted in a disciplinary removal is a manifestation of the student's disability each time the student is subject to a removal:

The IEP team shall meet within 10 school days of the date when school personnel take disciplinary action for the removal of a student with a disability as set forth in §A of this regulation to determine:

In determining whether the student's behavior was a manifestation of the student's disability, the IEP team shall review:

To determine that the behavior subject to the disciplinary action is a manifestation of the student's disability, the IEP team and other qualified personnel must make the determination that the student's behavior was:

If the IEP team determines the student's conduct was the direct result of the public agency's failure to implement the student's IEP, the public agency shall take immediate steps to remedy those deficiencies in accordance with 34 CFR §300.530(e)(3).

If any of the determinations set forth in §D of this regulation are made, the IEP team shall consider the behavior a manifestation of the student's disability.

If the IEP team determines that the student's behavior is a manifestation of the student's disability, the IEP team shall, as appropriate:

If the IEP team determines that the behavior is not a manifestation of the student's disability:

On initiation of disciplinary actions as set forth in §H of this regulation, the principal shall transmit the student's special education and disciplinary records to the local school superintendent.

The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15C if the parents disagree with the public agency regarding:

If the parents file a due process complaint in accordance with §A of this regulation, the Office of Administrative Hearings shall schedule an expedited due process hearing as set forth in Education Article, §8-413, Annotated Code of Maryland.

The student shall remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the interim alternative educational setting, whichever occurs first, unless the parents and the public agency agree on another course of action.

If the public agency proposes to change the student's current educational placement after the expiration of the student's placement in an interim alternative educational setting, and the parents file a due process complaint to challenge the proposed change of placement, the student shall return to the student's educational placement before removal to an interim alternative educational setting.

At an expedited due process hearing on disciplinary actions as set forth in §B of this regulation, the administrative law judge may:

The public agency may repeat the procedures set forth in Regulation .06D of this chapter as necessary if a public agency believes that:

If a student who has not been identified as a student with a disability engages in behavior that violates any rule or code of conduct of the public agency, the student may assert protection under this chapter if the public agency had knowledge that the student was a student with a disability before the student engaged in the behavior that precipitated the disciplinary action.

A public agency shall be deemed to have knowledge that a student is a student with a disability if:

A public agency is not deemed to have knowledge in accordance with §B of this regulation if:

If a public agency does not have knowledge that a student is a student with a disability before taking disciplinary action, the student may be subject to the same disciplinary measures applied to students without disabilities who engage in comparable behavior.

If the public agency receives a written referral, in accordance with COMAR 13A.05.01.04A, during the time period that the student is subject to disciplinary measures, the public agency shall evaluate the student in accordance with COMAR 13A.05.01.04—.06, in an expedited manner.

The student shall remain in the educational placement determined appropriate by public agency personnel, including suspension or expulsion without educational services, until the evaluation is completed.

If, as a result of the evaluation, as set forth in COMAR 13A.05.01.06B, the IEP team determines that the student is a student with a disability, the public agency shall provide special education and related services.

A public agency may report a crime committed by a student with a disability to appropriate law enforcement authorities consistent with State law and 34 CFR §300.535.

The public agency shall ensure that copies of the student's special education and disciplinary records are transmitted to the appropriate authorities to whom the public agency reported the crime, to the extent permitted, in accordance with COMAR 13A.08.02.

This chapter applies to the use of student behavior interventions by:

Regulations .05—.07 of this chapter do not apply to the Juvenile Services Education Program.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

General. School personnel are encouraged to use an array of positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.

School personnel shall only use exclusion, restraint, or seclusion:

School personnel conducting an escort shall use a natural position and safe manner.

This chapter does not prohibit:

School personnel may use exclusion to address a student's behavior:

A setting used for exclusion shall:

School personnel shall monitor a student placed in exclusion and provide a student in exclusion with:

School personnel shall ensure that each period of exclusion:

Parents and school personnel may at any time request a meeting to address the use of exclusion and to:

School personnel shall consider the need to initiate a referral to a Section 504 or IEP team if a nondisabled student has experienced excessive exclusion, to determine if the student has a disability that may require the provision of accommodations, modifications, or special education and related services.

School personnel shall ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.03, if a student with a disability has experienced an excessive period of exclusion that may result in a change of placement.

Use of Restraint.

Use of Seclusion.

Referral to a Student Services, Section 504, or IEP Team.

Each public agency and nonpublic school shall develop policies and procedures to address:

Each public agency and nonpublic school shall annually review policies and procedures and provide them to school personnel and parents as described in COMAR 13A.08.01.

Professional Development.

Monitoring and Compliance.

Notice of Student’s Tenth Incident of Physical Restraint or Seclusion.

Review, Assessment, and Recommendations.

Corrective Action.

Restraint and Seclusion Data Reporting.

Positive Behavioral Interventions Data Reporting. On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report on steps taken to encourage positive behavioral interventions, including:

In this chapter, the following terms have the meanings indicated.

Terms Defined.

A county superintendent shall allow a child who is a Maryland resident to attend a public school in a county or school attendance area other than the county or school attendance area where the child is domiciled with the child's parent or legal guardian if:

If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.

The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.

The relative providing informal kinship care shall make the full range of educational decisions for the child unless the court:

The parent or legal guardian of a child in an informal kinship care relationship shall have final decision-making authority regarding the educational needs of the child.

Education funding of a child in informal kinship care shall be provided in accordance with Education Article, §4-122.1, Annotated Code of Maryland.

A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.

The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full-time equivalent enrollment as provided by Education Article, §5-202(a), Annotated Code of Maryland.

Each receiving agency shall:

The receiving agency shall send to the sending agency by January 31 of each year:

The receiving agency shall send to the State Superintendent by January 31 of each year the name of each child in an informal kinship care relationship and the name of the sending agency for each child listed.

The sending agency that was determined to be financially responsible under §A of this regulation may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.

The relative providing informal kinship care shall submit to the receiving agency an affidavit verifying the informal kinship care relationship.

The affidavit shall include:

The affidavit shall be in the following form:

Each local school system shall:

The relative providing informal kinship care may file the original affidavit during a school year when the relative begins providing care to the child.

The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.

The relative providing informal kinship care shall submit, with the affidavit, supporting documentation of one or more serious family hardships, which includes, but is not limited to:

The supporting documentation shall be consistent with local, State, and federal privacy and confidentiality policies and statutes.

If the relative providing informal kinship care does not submit the appropriate supporting documentation with the affidavit or within 30 calendar days of submitting the affidavit, the receiving agency may withdraw the child from school or may charge the relative school tuition.

The county superintendent shall remove the child from the county public school system roll if fraud or misrepresentation is discovered after the child has been enrolled in the school system.

Any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attended a public school in the county.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds:

The school principal or the principal's designee and appropriate staff members shall:

The following apply to an elementary school that has at least one grade beyond grade 5:

Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

A school is subject to this regulation if it has a truancy rate that exceeds:

The school principal or the principal's designee and appropriate staff members shall:

A school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

The prompt enrollment of, placement of, and provision of appropriate services to children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and

The prompt transfer of the educational records of children in State-supervised care.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Notice of Enrollment or Imminent Enrollment.

Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall:

After receiving notice under §B of this regulation, a sending school shall:

Notwithstanding §C(3) of this regulation, a placement agency or school employee may hand carry the documents listed in §C(3) of this regulation from a sending school to a receiving school.

Nothing in this chapter shall be construed as diminishing the right of a birth parent of a child in State-supervised care to participate in the educational decision making for the child.

The persons authorized to enroll a child in State-supervised care in school are:

At the time of enrollment, the person enrolling the child shall:

Notwithstanding any other enrollment documentation requirements of the receiving school, the receiving school may not require the person enrolling the child to present more than the following:

It is and remains the responsibility of the sending school system to establish and confirm the residency of the child’s parent or guardian.

Until the sending school system establishes that the child’s parent or guardian has moved out of the sending school system, the parent or guardian is presumed to reside in the sending school system.

The Prince George's County Public School System, pursuant to Education Article, §7-102, Annotated Code of Maryland, may require that a disclosure affidavit be presented at the time of enrollment.

Upon receipt of the documentation required under §C of this regulation, the receiving school shall enroll the child immediately, if possible, but not later than 2 school days from the date of receipt of the documentation.

If not already disenrolled from the sending school, the child is considered disenrolled upon enrollment at the receiving school.

Pursuant to the requirements of Regulation .03B of this chapter, the receiving school shall request the child's educational records from the sending school.

Pursuant to the requirements of Regulation .03C of this chapter, the sending school shall send the complete student record as described in the Maryland Student Records System Manual.

If the sending school does not have or does not provide the records and the placement agency has access to them, the placement agency shall provide to the receiving school:

If the placement of the child changes during the school year and the child's new address remains within the school boundaries, the placement agency caseworker shall send a letter to the school providing the new address, contact information, and any other relevant information.

Definitions.

General Education Decision Making.

Special Education Decision Making.

In order to establish direct communication channels between the local school system and the placement agency, each local school system and each placement agency shall identify a contact person to address issues of coordination, information sharing, decision making, and problem solving on behalf of children in State-supervised care.

On or before August 15 of each year, each local superintendent shall inform the State Superintendent of Schools of the contact information for the designated contact person. At the beginning of each school year, the State Superintendent shall compile a master list of the contact persons for the school systems and provide the master list to the Director of Social Services at the Department of Human Services.

On or before August 15 of each year, each placement agency shall inform the Director of Social Services of the name and contact information of the placement agency's contact person. The Director of Social Services shall compile a master list and provide it to the State Superintendent of Schools, who will disseminate it to the local superintendents.

To the extent practicable, each local school system shall place the contact information required under this regulation on its website.

Each local board of education shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights set forth in this chapter.

Each local board of education shall establish procedures to implement the dispute resolution process that set forth, at a minimum:

The dispute resolution process shall be completed within 20 school days after the request for dispute resolution is filed.

Each local board of education shall provide notice to children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the right to file a request for dispute resolution.

During the dispute resolution process, the child in State-supervised care shall remain enrolled in the receiving school.

The receiving school shall provide appropriate educational services, including the implementation of an existing individualized education program, for a child in State-supervised care who is the subject of a dispute.

Each local board of education and noncollegiate educational institution shall take reasonable measures to implement this chapter.

Each local board of education shall certify annually in writing to the State Superintendent of Schools that:

The State Superintendent of Schools shall require a local board to take corrective action for failure to comply with the requirements of this chapter.

Scope. Children in foster care are children in State-supervised care to whom special provisions apply under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and under Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland. The purpose of this regulation is to implement the educational stability requirements of those laws.

Terms Defined. In this regulation, the following terms have the meaning indicated:

In accordance with Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland, the local school system superintendent of the school of origin shall allow a foster child to remain enrolled in the school of origin unless the child welfare agency responsible for the child provides notice to the principal of the school of origin and the Fostering Connections liaison in the receiving school system that it is not in the best interests of the child to remain enrolled in the school of origin, pursuant to the procedures set forth in COMAR 07.02.11.12B.

If the child welfare agency has determined that it is not in the best interests of the foster child to remain at the school of origin, the receiving school shall immediately enroll the child once a person authorized to enroll the child initiates the enrollment.

The receiving school shall immediately enroll the foster child even if the child welfare agency is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

Notwithstanding any other enrollment documentation requirements of the receiving school, at the time of enrollment the receiving school may not require the person authorized to enroll the foster child to present more than documentation that the child is in the care of the child welfare agency and a written statement of the address where the child has been placed.

The school of origin shall transmit the foster child’s educational records to the receiving school in accordance with Education Article, §8-504, Annotated Code of Maryland, and Regulation .03 of this chapter upon receipt of notice from the receiving school that the child is attending school there.

Transportation to School of Origin.

Fostering Connections Liaison.