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. Beginning with the 2002—2003 school year through the 2004—2005 school year, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on: November 30, 2002, if the child applies for entrance for the 2002—2003 school year; October 31, 2003, if the child applies for entrance for the 2003—2004 school year; and September 30, 2004, if the child applies for entrance for the 2004—2005 school year. Beginning with the 2005—2006 school year and each school year thereafter, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on September 1 of the school year in which the child applies for entrance. The local board of education shall adopt a regulation permitting a 3-year-old child, upon request by the parent or guardian, to be admitted to prekindergarten if the local superintendent of schools or the superintendent's designee certifies that the child is eligible under COMAR 13A.06.02 and has demonstrated educational needs warranting early admission. Kindergarten. Beginning with the 2003—2004 school year through the 2005—2006 school year, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on: November 30, 2003, if the child applies for entrance for the 2003—2004 school year; October 31, 2004, if the child applies for entrance for the 2004—2005 school year; and September 30, 2005, if the child applies for entrance for the 2005—2006 school year. Beginning with the 2006—2007 school year and each school year thereafter, a child admitted to the kindergarten program in the public schools shall be 5 years old or older on September 1 of the school year in which the child applies for entrance. The local board of education shall adopt a regulation permitting a 4-year-old child, upon request by the parent or guardian, to be admitted to kindergarten if the local superintendent of schools or the superintendent's designee determines that the child demonstrates capabilities warranting early admission. The regulation shall include a provision for promotion of the 5-year-old child to first grade if the local superintendent or the superintendent's designee determines that the child demonstrates capabilities warranting promotion to first grade. First Grade. Beginning with the 2004—2005 school year through the 2006—2007 school year, a child admitted to the first grade in the public schools shall be 6 years old or older on: November 30, 2004, if the child applies for entrance for the 2004—2005 school year; October 31, 2005, if the child applies for entrance for the 2005—2006 school year; and September 30, 2006, if the child applies for entrance for the 2006—2007 school year. Beginning with the 2007—2008 school year and each school year thereafter, a child admitted to the first grade in the public schools shall be 6 years old or older on September 1 of the school year in which the child applies for entrance. The local board of education shall adopt a regulation permitting a 5-year-old child, upon request of the parent or guardian, to be admitted to the first grade if the local superintendent of schools or the superintendent's designee determines that the child has demonstrated capabilities warranting early admission. In Regulation .02-2 of this chapter, the following terms have the meanings indicated. Terms Defined. “Full-time in a licensed child care center” means the child is enrolled in the child care center only and does not attend any other kindergarten program. “Full-time in a registered family day care home” means the child is cared for by the family day care provider only and does not attend any other kindergarten program. “Part-time in a Head Start 5-year-old program” means the child is enrolled in the Head Start program and may or may not be enrolled in another child care program. Level of Maturity Waiver. A child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian believes that a delay in school attendance is in the best interest of the child and the parent or guardian files a written request with the local superintendent of schools asking that the child's attendance be delayed due to the child's level of maturity. A written request for a 1-year exemption from mandatory attendance for a 5-year-old shall be filed with the local superintendent of schools or the superintendent's designee before the opening of school of the year in which the child becomes 5 years old. After a child is enrolled in kindergarten, a parent or guardian may file a written request to withdraw the child from the program and delay attendance until the following school year if the parent or guardian believes it is in the best interest of the child. The local school system shall approve the request for delay or withdrawal in writing within 5 working days from date of receipt. The local school system shall report to the State Department of Education, on forms provided by the State Department of Education, information on the number of 5-year-old children for whom requests have been received. Alternative Program Settings. A child may be exempted from attending kindergarten if a parent or guardian of the child files in writing their intent to place the child in an alternative setting and verifies that the child is enrolled: Full-time in a licensed child care center; Full-time in a registered family day care home; or Part-time in a Head Start 5-year-old program. A parent or guardian who elects to enroll a child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall file their intent to enroll the 5-year-old child in an alternative program with the local school system before the opening of school of the year in which the child becomes 5 years old. The parent or guardian shall verify enrollment by providing the following information: Name of program; Address of facility location; and License or registration number and expiration date. A parent or guardian of a child who attended an alternative program shall register the child for first grade before the opening of school of the year in which the child becomes 6 years old and shall provide documentation showing proof of attendance in the alternative program setting. Documentation includes: Date child was enrolled; and Number of days child was absent. Program directors/providers who enroll a 5-year-old child full-time in a licensed child care center, full-time in a family day care home, or part-time in a Head Start 5-year-old program shall furnish the parent or guardian with the documentation as specified in §B(2)—(3) of this regulation. 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. Each school year, each local school system shall administer a Department-approved kindergarten readiness assessment to all incoming kindergarten students that: Is racially and culturally unbiased; Is administered with the purpose for educators to develop a holistic picture of each child’s readiness for kindergarten and ensure that schools and communities are ready to support a child’s development in all areas; and May include an evaluation of: Language and literacy skills; Academic knowledge in mathematics, science, and social studies; Physical development; and Social development. The Department-approved kindergarten readiness assessment is a diagnostic assessment for educators to develop a Except as provided in §A(4) of this regulation, the Department-approved kindergarten readiness assessment may not be administered to an enrolled prekindergarten student. The kindergarten readiness assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school-based professional who intends to use the results of the kindergarten readiness assessment as one of several measures for early detection of learning challenges or to make a referral under COMAR 13A.05.01. Assessment Process. Each local school system shall complete the administration of the Department-approved kindergarten readiness assessment no later than October 10 of each school year. A local school system may administer: A portion of the assessment to students in the local school system during the summer months before kindergarten begins; and The remaining portion of the assessment on or before October 10 of the school year. The Department shall return to the local school system the aggregate results of the assessment within 45 days after the administration of the assessment. 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. Students presently enrolled in public schools are considered lawfully absent from school, including absence for any portion of the day, only under the following conditions: Death in the immediate family. The local school system shall determine what relationships constitute the immediate family. Illness of the student, as follows: The principal or a school appointed designee shall require from the parent or guardian: A physician’s certificate for a student reported continuously absent for a physical illness or somatic health need; or A certificate from an appropriate health care provider licensed or certified under Health Occupations Article, Annotated Code of Maryland, for a student reported continuously absent for a behavioral health need. If a student or the student’s parent or guardian notifies a public school that the student’s absence was due to a behavioral health need, the school shall provide information to the student or the student’s parent or guardian about school or community behavioral health resources that are available to the student. Pregnancy and parenting related conditions as determined by the local school system, including absences due to: Labor, delivery, recovery, and prenatal and postnatal medical appointments; Illness or a medical appointment of the student’s child; and A legal appointment involving the pregnant or parenting student related to family law proceedings, including adoption, custody, and visitation. 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. “Chronic absence” means a student has been enrolled in a school for at least 10 days and has missed 10 percent or more of the school days for any lawful or unlawful reason while enrolled at that school. Chronic Absenteeism. “Chronic absenteeism” means a student has been in membership in a school for at least 10 days and is absent 10 percent or more of the school days while enrolled at that school. A student can be counted as chronically absent in multiple schools, within the State, in the same year. “Day of attendance” means a student is attending an instructional program approved by the State, local school system or school for greater than half the school day. A student is “present” or “attending” if the student is attending an instructional program by the State, local school system, and/or school as defined in Regulation .01D of this chapter; or A student is physically on school grounds or is participating in instruction or instruction-related activities at an approved off-grounds location as defined in Regulation .01D of this chapter. “Multi-Tiered System of Supports (MTSS)” means a proactive and preventative framework that aims to foster growth and success by ensuring all students receive equitable academic, behavioral, and social-emotional support utilizing multiple data points to identify students requiring intervention through three tiers of support. Each local school system shall develop a student attendance policy which includes the following. A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance. Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04 of this chapter. Clarification of special situations for unlawful absence may also be identified. Standards for regular attendance include minimal requirements for student attendance in order to foster continuity of the instructional program. The standards for school attendance may identify a specific number of excessive or unlawful absences allowed within a marking period, semester, or school year. Procedure to verify absences/tardiness includes responsible persons, time limits, and methods of absent/tardy verification. Best practices to identify, prevent, and eliminate chronic absenteeism that are culturally responsive and nonpunitive, which may include: Conducting an in-depth analysis of qualitative and quantitative data to identify priorities for support; Identifying and utilizing a team at the local school system level to oversee the systemwide strategy for attendance improvement; Requiring each school to have a team to oversee the school-wide strategies for attendance improvement and reduction of chronic absenteeism; Developing and implementing a comprehensive communication plan to communicate the importance of regular student attendance to students and parents or guardians; Identifying and addressing common barriers to attendance to determine the best course of action to improve student attendance and reduce chronic absenteeism; Engaging in continuous improvement activities using qualitative and quantitative data to determine effective strategies; Promoting non-punitive strategies that address the root causes of student absence; and Engaging families using positive, proactive, and non-punitive strategies. A multi-tiered system of supports that uses evidence-based identification and responsive strategies to ensure high-quality academic, behavioral, and social-emotional supports for all students. Penalties for not meeting standards for regular attendance requirements include actions taken by school system staff when a student is unlawfully absent or accumulates an equivalent number of excessive or unlawful absences which exceeds the standard for regular school attendance. The penalties should be identified, and should reflect a continuum of excessive or unlawful absences. Make-up work requirements include classroom teacher and student responsibility, time limits, and grading policy for make-up work. Make-up work requirements may also involve a procedure for completing class work in advance of an absence wherever possible. Attendance-monitoring procedure includes: Record-keeping format to comply with State attendance reporting requirements; Intervention strategies and procedures for dealing with absenteeism at the beginning stages of the problem as well as chronic absenteeism; and A referral process to pupil services or other central office professionals for case management of chronic attendance cases. Reward process includes an identified motivational program to reward regular school attendance. Information dissemination includes methods for informing school staff, students, parents, and community members of attendance policy requirements. Appeals process includes specific due process procedures for appealing attendance violation decisions at the school and central office level. Legal foundation includes citations of legal authority for attendance policy development and implementation. Each local school system shall: Review its student attendance data at least annually; Publicly post the most recent student attendance policy on the local school system’s website; and Require each school within the local school system to include the most recent student attendance policy on the school’s website and in the school’s student handbook. 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. A graduate is defined as a student who completes the student's program of study at the high school level and satisfies the graduation requirements for a Maryland High School Diploma or the requirements for a Maryland High School Certificate. A graduate includes a: Student receiving a diploma as a result of the completion of a State-approved regular or alternative secondary school; Handicapped student who cannot meet the requirements for a diploma and is awarded a Maryland High School Certificate. A graduate does not include a student: Leaving school and completing a GED or other State-approved high school equivalency program; Completing a program of study and time in grade but not meeting the basic skills testing requirements. Dropout. A student who terminates the student's formal education is a dropout. A dropout is defined as a student who, for any reason other than death, leaves school before graduation or the completion of a Maryland-approved educational program (including a special education program) and is not known to enroll in another school or State-approved program during a current school year. A dropout includes a student: Who drops out for the reasons as identified in the Maryland Pupil Attendance Register; Who leaves school and enters a program not qualifying as an elementary/secondary school; Of any age who drops out; From special education who drops out. A dropout does not include a student: Who dies; Out of school for temporary periods, for example, extended suspension, reinstatements of expulsion during the school year, or extended illness; Who transfers to another public elementary/secondary school, to another State-approved elementary/secondary educational program that continues the student's education, or to a nonpublic elementary/secondary school; Transferred to another public institution with an educational program; Placed at another grade level. Nontraditional Graduate. A nontraditional graduate is a student who leaves school (terminates/withdraws) but finishes a high school equivalency through the General Educational Development Testing Program or The Adult External Diploma Program. A nontraditional graduate includes all completers of a high school equivalency regardless of age. A nontraditional graduate does not include any student who has earned the Maryland High School Diploma or Maryland High School Certificate. 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: Purpose; Definition of terms; Rules for student behavior; Student referral procedures; Procedures for investigating policy violations; Due process requirements; Provision of emergency medical care; Confidentiality of students' educational records; Alcohol and other drugs policy dissemination; Staff training; and Drug education curriculum. Coordination with Local Law Enforcement. The local board of education shall notify local law enforcement officials of the local board of education's alcohol and other drugs policy. The local board of education, to the extent possible and consistent with applicable law, shall coordinate efforts with local law enforcement officials to: Prevent alcohol and other drug abuse by students; Detect the possession of alcohol or illegal drugs by students on school premises; Adopt standard operating procedures regarding the reporting of activity related to alcohol and other drug abuse on school premises; Adopt standard operating procedures regarding the investigation of activity related to alcohol and other drug abuse on school premises; and Adopt standard operating procedures regarding the seizure and storage of contraband. 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: Reflect a discipline philosophy based on the goals of fostering, teaching, and acknowledging positive behavior; Be designed to keep students connected to school so that they may graduate college and career ready; Describe the conduct that may lead to in-school and out-of-school suspension or expulsion; Allow for discretion in imposing discipline; Address the ways the educational and counseling needs of suspended students will be met; and Explain why and how long-term suspensions or expulsions are last-resort options. Terms Defined. In this regulation, the following terms have the meanings indicated: “Confer” means a discussion or dialogue by any means, for example, telephone, electronic mail, or face-to-face meeting, where the views of the teacher are communicated and considered. “Expulsion” means the exclusion of the student from the student’s regular school program for 45 school days or longer, which only may occur under the following circumstances: The superintendent or designated representative has determined that the student’s return to school prior to the completion of the expulsion period would pose an imminent threat of serious harm to other students or staff; The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and The school system provides the excluded student with comparable educational services and appropriate behavioral support services to promote successful return to the student’s regular academic program. “Extended suspension” means the exclusion of a student from a student’s regular program for a time period between 11 and 45 school days, which only may occur under the following circumstances: The superintendent or designated representative has determined that: The student’s return to school prior to the completion of the suspension period would pose an imminent threat of serious harm to other students and staff; or The student has engaged in chronic and extreme disruption of the educational process that has created a substantial barrier to learning for other students across the school day, and other available and appropriate behavioral and disciplinary interventions have been exhausted. The superintendent or designated representative limits the duration of the exclusion to the shortest period practicable; and The school system provides the excluded student with comparable educational services and appropriate behavioral support services to promote successful return to the student’s regular academic program. “In-school suspension” means the removal within the school building of a student from the student's current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal. “Long-term suspension” means the removal of a student from school for a time period between 4 and 10 school days for disciplinary reasons by the principal. “Principal” means the principal of a school or the principal's designee. “Public prekindergarten program” means: Any publicly funded prekindergarten program established under Education Article, §7-101.1, Annotated Code of Maryland; or Any qualified vendor of prekindergarten services as defined in Education Article, §7-101.2, Annotated Code of Maryland. “Restorative practices” means practices conducted in a whole-school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that: Are conducted by trained staff; Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and Help build a sense of belonging, safety, and social responsibility in the school community. “Short-term suspension” means the removal of a student from school for up to but not more than 3 school days for disciplinary reasons by the principal. “Suspension” means the application of extended suspension, in-school suspension, short-term suspension, or long-term suspension. Suspension and Expulsion. Prohibition. Except as provided in §C(1)(b) of this regulation, a student enrolled in a public prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school. A student described under §C(1)(a) of this regulation may only be: Expelled from school if required by federal law; or Suspended for not more than 5 school days per incident if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports. The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under §C(1)(b) of this regulation. In-School Suspension. An in-school removal is not considered a day of suspension as long as the student is afforded the opportunity to continue to: Appropriately progress in the general curriculum; Receive the special education and related services specified on the student's IEP, if the student is a student with a disability in accordance with COMAR 13A.05.01; Receive instruction commensurate with the program afforded to the student in the regular classroom; and Participate with peers as they would in their current education program to the extent appropriate. A student may not receive an in-school suspension unless the student has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective. The school principal shall provide the student's parents with written notification of the in-school suspension action taken by the school. After 10 days of cumulative in-school suspension, the student, the student's parents or guardian, and the principal shall confer. The student's school of current enrollment shall make provision for the student's education during the period of in-school suspension. Local school systems shall develop policies pertaining to a student's participation in extracurricular activities if the student receives an in-school suspension. Local school systems shall develop and implement a behavioral program of positive interventions to address the causes of misbehavior as part of the in-school suspension. Suspension for Not More Than 10 Days. In accordance with the rules and regulations of the local board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal, except as provided in §C(1) of this regulation. The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period. At or before the conference, the student shall receive oral or written notice of the charges against him or her. If the student denies the charges, the student has the right to an explanation of the evidence supporting the charges and an opportunity to present the student's side of the story. A student whose presence in school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed immediately from school, if the notice and conference required by this subsection is provided as soon as possible. If the principal finds that an extended suspension or expulsion is warranted, the principal immediately shall report the matter in writing to the local superintendent. Suspension for More than 10 Days or Expulsion. At the request of a principal, a local superintendent or the designated representative may suspend a student for more than 10 school days or expel the student, except as provided in §C(1) of this regulation. Upon receipt of a written report from a principal requesting an extended suspension or expulsion, the local superintendent or designated representative promptly shall make a thorough investigation of the matter. If after the investigation the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the superintendent or designated representative promptly shall arrange a conference with the student and the student’s parent or guardian. The process described in §C(3)(a)—(c) of this regulation shall be completed by the 10th school day of the initial suspension. If additional time is necessary to complete the process, either because of delays due to parent or guardian unavailability or due to the complexity of the investigation, the student shall be allowed to return to school, unless the local superintendent or designated representative determines that the student’s return to school would pose an imminent threat of serious harm to other students or staff. If the student is not allowed to return to school after the 10th day, the superintendent or designee shall notify the student and the parent or guardian within 24 hours and provide the reasons for the delay in the process and the denial of reentry and send a copy of the notice to the State Superintendent of Schools; If after the conference the local superintendent or designated representative finds that an extended suspension or an expulsion is warranted, the student or the student’s parent or guardian may appeal to the local board within 10 days after the determination. If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 days from the date the appeal was received to hear the appeal and issue a decision, as follows: This timeline period may be extended if the parent, guardian, or his/her representative requests additional time; and This timeline shall also apply in the event that the local board elects to use a hearing examiner. If due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 days, it may petition the State Superintendent for an extension of time. The student or the student’s parent or guardian or representative: Shall be provided the school system’s witness list and a copy of the documents that the school system will present at the hearing 5 days before hearing; and May bring counsel and witnesses to the hearing. Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board. The appeal to the local board does not stay the decision of the county superintendent. The decision of the local board is final. A student expelled or suspended from school shall remain away from the school premises during those hours each school day when the school the student attends is in session, and may not participate in school-sponsored activities. The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by the student's parent or guardian. A student suspended or expelled from school shall be allowed to return to school on the day that the terms and conditions of the suspension or expulsion are met whether or not the student, parent, or guardian has filed an appeal of the suspension. If a student has been suspended or expelled, the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian. If a student's disruptive behavior results in action less than suspension, the principal shall confer with the teacher who referred the student to the principal before returning the student to that teacher's classroom. The principal may satisfy this requirement by consulting with the teacher before returning the student to the classroom. A local superintendent may deny attendance to a student who is currently expelled or on extended suspension from another school system for a length of time equal to that expulsion or extended suspension. A school system shall forward information to another school system relating to the discipline of a student, including information of an expulsion or extended suspension of the student, on receipt of the request for information. 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: Each student suspended or expelled out-of-school who is not placed in an alternative education program shall receive daily classwork and assignments from each teacher, which shall be reviewed and corrected by teachers on a weekly basis and returned to the student; and Each principal shall assign a school staff person to be the liaison between the teachers and the various students on out-of-school suspension or expulsion and to communicate weekly about classwork assignments and school-related issues by phone or email with those out-of-school suspended/expelled students and their parents. Education Services During Short-Term Suspensions. For short-term suspensions, the local board of education shall inform all schools under their jurisdiction: To provide all students who receive short-term suspensions with the opportunity to complete the academic work they miss during the suspension period without penalty; and To provide all students who receive short-term suspensions, and their parents or guardians, with the contact information for a school employee who will be responsible for ensuring that the requirement described in §G(1)(a) is met. All other aspects of the process for suspended students receiving missed assignments, completing missed assignments, and making up tests shall be identical with each school’s established policy and practice for makeup work in the event of any other excused absence. Intervention and Support. School personnel shall provide intervention and support to address the student’s behavior if the student is: Suspended under §C(1)(b) of this regulation; or Enrolled in a public prekindergarten program, kindergarten, first grade, or second grade and: Is disruptive to the school environment; or Commits an act that would be considered an offense subject to suspension but for the student’s grade. Intervention and support provided under §H(1) of this regulation includes: Positive behavior interventions and supports; A behavior intervention plan; A referral to a student support team; A referral to an individualized education program team; and A referral for appropriate community-based services. The school system, to the best of its ability, shall remedy the impact of a student’s behavior on school climate through appropriate intervention methods including restorative practices. 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: “Alternative educational setting” means an alternative education program that allows the student to continue the student's education within the public school system and, if in a secondary school, the opportunity to earn credit. “Expulsion” means at a minimum the removal of a student from the student's regular school program. “Firearm” means a weapon as defined in 18 U.S.C. §921. “School property” means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system. “Year” means a calendar year of 12 months. General Provisions. Except as provided in §B(2) of this regulation, if the local superintendent or designee finds that a student has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity, the student shall be expelled for a minimum of 1 year. The local superintendent may specify in writing, on a case-by-case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the local board, for a student who has brought a firearm onto school property or to a school-sponsored activity or has possessed a firearm on school property or at a school-sponsored activity. Nothing in this regulation applies to a firearm: That is lawfully stored inside a locked vehicle on school property; or For activities approved and authorized by the local school system, if the local school system adopts appropriate safeguards to ensure student safety. 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. Annually by August 1, each local school system shall provide the State Board of Education with a report that includes: Written certification that the local school system is in compliance with the requirements of this regulation; A description of the circumstances surrounding any expulsions imposed under State law as required by §B(1) of this regulation; The number of incidents in which a student brought a firearm onto school property or to a school-sponsored activity or possessed a firearm on school property or at a school-sponsored activity; The name of the school where each incident took place; The type of firearm involved; The disposition of each case, including the number of students: Expelled from each school, and Placed in alternative educational settings; and A description of alternative educational settings used in compliance with this regulation. Each local school system shall report each incident in which a student brings a firearm onto school property or to a school-sponsored activity or possesses a firearm on school property or at a school-sponsored activity to the appropriate juvenile justice or criminal enforcement agency. 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: The local superintendent or the superintendent's designee shall determine, after consultation with the individual from the local department of social services or the police officer, whether a school official shall be present during the questioning of a student pursuant to this section. Records and reports concerning child abuse or neglect are confidential, and unauthorized disclosure is a criminal offense under Article 88A, §6(b), Annotated Code of Maryland. 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: A student may be removed from school premises if that student is a suspected victim of child abuse or neglect and the local department of social services has guardianship of the child or a court order to remove the child; The Superintendent or the Superintendent's designee shall ensure that prompt notification of a student's removal from school under this section is made to the student's parent or guardians. Search of Student by Principal, Assistant Principal, or School Security Guard. A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is: A criminal offense under the laws of this State; or A violation of: Any other State law; or A rule or regulation of the local board. A search under §A(1) of this regulation shall be made in the presence of a third party. Search of School by Principal, Assistant Principal, or School Security Guard. A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances, including the lockers of students. The right of a principal, assistant principal, or school security guard to search lockers of students under §B(1) of this regulation shall be announced or published previously in the school. Search of Student on School-Sponsored Trip by Teacher. A local board may authorize a teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the teacher has a reasonable belief that the student has in the student's possession an item, the possession of which is: A criminal offense under the laws of this State; or A violation of: Any other State law; or A rule or regulation of the local board. To qualify to conduct a search under §C(1) of this regulation, a teacher shall: Be designated in writing by a principal; and Receive training to conduct a search commensurate with the training received by a principal. A search under §C(1) of this regulation shall be made in the presence of a third party. 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. The local boards of education shall be informed by the State Department of Education as to the legal requirements concerning the integration of schools. The State Department of Education shall check on compliance with these requirements and shall report all suspected violations to the State Board of Education. The organization of school activities shall provide for the involvement of students regardless of sex, race, creed, or national origin. Terms Defined. In this regulation the following terms have the meanings indicated: “Appropriate educational programming” means a regular or alternative education program that allows a student the opportunity to continue the student's education within the public school system and, if in secondary school, the opportunity to receive credit. “Criminal organization” has the meaning stated in Criminal Law Article, §9-801, Annotated Code of Maryland. “Law enforcement agency” means the law enforcement agencies listed in Public Safety Article, §3—101(e), Annotated Code of Maryland. “Local school system” means the schools and school programs under the supervision of the local superintendent. “Local superintendent” means the county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator. “Regular school program” means the courses, classes, and related services the student is enrolled in by a local school system at the time of the student’s reportable offense. “Related services” means any supportive intervention that is available through the local school system. “Reportable offense” means an offense that: Occurred off school premises; Did not occur at an event sponsored by the school; and Involved any of the following: A crime of violence, as defined in Criminal Law Article, §14–101, Annotated Code of Maryland; Any of the offenses enumerated in Courts and Judicial Proceedings Article, §3–8A–03(e)(4), Annotated Code of Maryland; A violation of Criminal Law Article, §4–101, 4–102, 4–203, or 4–204, Annotated Code of Maryland; A violation of Criminal Law Article, §5–602, 5–603, 5–604, 5–605, 5–606, 5–607, 5–608, 5–608.1, 5–609, 5–612, 5–613, 5–614, 5–617, 5–618, 5–627, or 5–628, Annotated Code of Maryland; A violation of Criminal Law Article, §4–503, 9–504, or 9–505, Annotated Code of Maryland; A violation of Criminal Law Article, §6–102, 6–103, 6–104, or 6–105, Annotated Code of Maryland; A violation of Criminal Law Article, § 9–802 or 9–803, Annotated Code of Maryland; A violation of Criminal Law Article, §3–203, Annotated Code of Maryland; A violation of Criminal Law Article, §6–301, Annotated Code of Maryland; A violation of Criminal Law Article, §9–302, 9–303, or 9–305, Annotated Code of Maryland; A violation of Criminal Law Article, §7–105, Annotated Code of Maryland; A violation of Criminal Law Article, §6–202, Annotated Code of Maryland; or A violation of Criminal Law Article, §10–606, Annotated Code of Maryland. “School principal” means the principal of the public or nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator. School Security Officer. “School security officer” means an individual designated to maintain the security and safety of a school. “School security officer” includes: A school principal or other school administrator; A law enforcement officer; or Other individual employed by a local school system or a local government who is designated by the [county] local superintendent or a school principal to help maintain the security and safety of a school. “School security officer” does not include: A teacher; A school counselor; A school psychologist; or A school social worker. “Student” means an individual enrolled in a public school system in the State who is 5 years old or older and younger than 22 years old. “Student with a disability” means a student eligible under the Individuals with Disabilities Act or Section 504 of the Rehabilitation Act of 1973. 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: Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable: The local superintendent; The school principal; and For a school that has a school security officer, the school security officer; and May notify the State’s Attorney of the arrest and charges. Safety Determination Procedures and Plan. Promptly, upon receipt of information from a law enforcement agency or another verified source of an arrest of a student for a reportable offense: The local superintendent shall provide the school principal of the school in which the student is enrolled with the arrest information, including the charges; or If the student who has been arrested is an identified student with disabilities who has been enrolled by the public school system in a nonpublic school program, the local superintendent shall provide the principal of the nonpublic school with the arrest information, including the charges. The school principal, in consultation with appropriate staff members, shall consider whether the student’s presence presents a risk to the safety of other students and staff. If the school principal believes the student presents a safety risk, the school principal shall immediately develop a plan that: Addresses appropriate educational programming and related services for the student; and Maintains a safe and secure school environment for all students and staff. The school principal shall request that the student’s parent or guardian: Participate in the development of the plan; and Submit information that is relevant to developing the plan. If the student has an attorney, the school principal shall invite the student’s attorney to participate in any meeting with the student’s parent or guardian to discuss the plan. Removal from Regular School Program. A student may not be removed from the student’s regular school program unless the student presents an imminent threat of serious harm to other students or staff. Notice of the arrest for a reportable offense may not be the sole basis for a change in the student’s regular school program. If the plan developed in §C(3) of this regulation includes removal of the student from the student’s regular school program, the school principal shall promptly inform the local superintendent in writing. Upon receipt of a written report from a school principal requesting a removal from the regular school program, and no later than 10 school days from the notification of the reportable offense, the local superintendent shall: Promptly hold a conference with the student, the student’s parent or guardian, and, if the student has an attorney, the student’s attorney; and Make a determination as to whether the student poses an imminent threat of serious harm to other students or staff necessitating a removal. Implementation of the plan must occur by the tenth school day following notification of the reportable offense. If after the conference, the local superintendent finds that a removal from the regular school program is warranted, the student or the student’s parent or guardian may appeal the removal to the local board within 15 calendar days after the receipt of the written determination and notice of appeal rights. If an appeal is filed, the local board or its designated committee or hearing officer shall have 45 calendar days from the date the appeal was received to hear the appeal and issue a decision, as follows: This timeline period may be extended if the parent, guardian, or representative requests additional time; and This timeline shall also apply if the local board elects to use a hearing examiner. If, due to extraordinary circumstances or unusual complexity of a particular appeal, the local board determines that it will be unable to hear an appeal and issue a decision within 45 calendar days, it may petition the State Superintendent for an extension of time. The student or the student’s parent, guardian, or representative: Shall be provided with the school system’s witness list and a copy of the documents that the school system will present at the hearing no later than 5 business days before the hearing; and May bring counsel and witnesses to the hearing. Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the local board. The appeal to the local board does not stay the decision of the local superintendent. The decision of the local board is final. Review Procedures. With the input of the school principal, appropriate staff, the student, and the student’s parent or guardian, the local superintendent shall review the plan and the student’s status and make adjustments as appropriate: Immediately upon notification from the State’s Attorney of the disposition of the reportable offense; or Pending notification from the State’s Attorney, at a minimum every 45 school days. If the student has an attorney, the local superintendent shall invite the student’s attorney to participate in any meeting with the student or the student’s parent or guardian to discuss the review of the plan. The student and the student’s parent or guardian shall be provided in writing with the local superintendent’s review decision. If the student or the student’s parent or guardian disagrees with the local superintendent’s review decision, the student or the student’s parent or guardian may appeal the decision consistent with §D(5)—(11) of this regulation. Confidentiality of Information and Retention of Documents. Except by order of a juvenile court or other court upon good cause shown or as provided in §F(2) of this regulation, the reportable offense information is confidential and may not be redisclosed by subpoena or otherwise and may not be made part of the student’s permanent educational record. If the disposition of the reportable offense was a conviction or an adjudication of delinquency, or the criminal charge or delinquency petition is still pending, a local superintendent or school principal shall transmit the information obtained under this regulation as a confidential file to the local superintendent of another local school system or to another nonpublic school in the state in which the student has enrolled or has transferred, to carry out the purposes of this regulation. A local superintendent or school principal who transmits information about a student under §F(2) of this regulation shall include in the confidential transmittal information on any educational programming and related services provided to the student. Nothing in this regulation is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means. The reportable offense information obtained by a local superintendent, school principal, or school security officer shall be: Transmitted only to school personnel of the school in which the student is enrolled and as necessary to carry out the purposes set forth in this regulation; and Destroyed when the first of the following occurs: The student graduates; The student otherwise permanently leaves school; The student turns 22 years old; The criminal case involving the reportable offense is dismissed; The student is found not guilty of the reportable offense; or The student pleads to a lesser offense that is not a reportable offense. Students with Disabilities. Appropriate educational programming and related services shall be provided to an identified student with a disability in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including COMAR 13A.05.01. Removal of a student with a disability resulting in a change of placement shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and State special education law and regulations, including requirements related to a manifestation determination. If the student has an attorney, the attorney shall be invited to attend any meeting to discuss the manifestation determination. Reportable Offense Involving Rape or a Sexual Offense. Except as otherwise provided in §H(2) of this regulation, the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well-being of the alleged victim. If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim. Consistent with Criminal Procedure Article, §11-722(e), Annotated Code of Maryland, a student who is required to register with the Maryland Sex Offender Registry may receive an education in accordance with State law in any of the following locations: A location other than a public or nonpublic elementary or secondary school, including by: Participating in the Home and Hospital Teaching Program for Students; or Participating in or attending a program approved by a local board; A Regional Institute for Children and Adolescents; or A nonpublic educational program as provided by Education Article, §8-406, Annotated Code of Maryland, if: The registrant has notified an agent or employee of the nonpublic educational program that the registrant is required to register under this subtitle; and The registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program. General Provisions. Each public school that enrolls students in grades six through 12 in the State shall designate at least one school security officer. A fee may not be charged to the student or parent or guardian for the alternative educational programming or related services that are developed for the student. Data Collection. Each year, the local school system shall provide to the Department the following information for each reportable offense for which the local school received information under this regulation: The nature of the reportable offense; Verification that the offense occurred off school premises; Action taken by the local school and local board after being notified of the reportable offense; The race, ethnicity, gender, and disability status of the student arrested for the reportable offense; The grade of the student arrested for the reportable offense; The regular school program of the student arrested for the reportable offense; Whether the student’s regular school program was altered as a result of the reportable offense; If the student was removed from the student’s regular school program as a result of the reportable offense: The amount of time during which the student was removed; and The student’s placement and educational programming during the period of removal; and If removed from the student’s regular school program, the student’s academic performance during the time period the student was removed, including attendance, grades, and standardized test scores, and any additional disciplinary actions. In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated. Terms Defined. “Conviction of or adjudication of” means that the perpetrator has been convicted of, adjudicated delinquent of, pleads guilty or nolo contendere with respect to, or receives probation before judgment with respect to, a violent criminal offense. “Corrective action plan” means a plan that includes information concerning conditions in the school that may have contributed to the commission of the offenses set forth in §B(4) of this regulation. A corrective action plan shall describe any behavioral interventions that will be used to address problems in the school. “Local school system” means any of the 24 local public school systems in the State. “Persistently dangerous school” means a school in which each year for 3 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the following offenses equals 2-1/2 percent or more of the total number of students enrolled in the school: Arson or fire; Drugs; Explosives; Firearms; Other guns; Other weapons; Physical attack on a student; Physical attack on a school system employee or other adult; and Sexual assault. “Safe school” means a school that has not been placed on probationary status or designated as persistently dangerous pursuant to Regulation .19 of this chapter. “School grounds” means a local school system owned or leased building and land that surrounds a school building and also includes school vehicles. “Violent criminal offense” means a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland. Probationary Status. The State Board of Education shall place on probationary status any school having each year for a period of 2 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equal to 2-1/2 percent or more of the total number of students enrolled in the school. The local school system shall notify in a timely manner the parents of each student attending the school that the State has placed the school on probationary status. The local superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State Board of Education that a school in the jurisdiction of the school system is on probationary status. During the probationary status the school shall implement in a timely manner strategies to reduce the commission of offenses set forth in Regulation .18B(4) of this chapter. Persistently Dangerous Designation. After placing a school on probationary status, the State Board of Education shall designate that school as persistently dangerous if during the next consecutive school year the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equals 2-1/2 percent or more of the total number of students enrolled in the school. The local school system shall notify in a timely manner the parents of each student attending the school: That the State has identified the school as persistently dangerous; and Of the opportunity for school transfer as set forth in Regulation .20A(1) of this chapter. If a school has been designated a persistently dangerous school, the school shall retain that designation for at least 1 full school year. Each year that a school remains identified as persistently dangerous, the local school superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State that the status of the school as persistently dangerous has not changed. The State Board of Education shall remove a school's designation as a persistently dangerous school if the school no longer meets the requirements set forth in Regulation .18B(4) of this chapter. 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: Attends a persistently dangerous public elementary or secondary school; or Is a victim of a violent criminal offense as defined in Criminal Law Article, §14-101, Annotated Code of Maryland: During the regular school day; or While attending a school sponsored event in or on the grounds of a public elementary or secondary school that the student attends. The local school system shall effectuate a transfer pursuant to §A of this regulation in a timely manner following either the: Designation of a school as persistently dangerous; or Conviction of or adjudication of delinquency of the perpetrator of a violent criminal offense. 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: Maintain a list of schools determined to be persistently dangerous; and Revise the list annually. 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. : Education Article, §§ 2-205, 7-101, 7-101. 1, 7-301, 7-301. 1, 7-303— 7-305, 7-305. 1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912 Effective date: July 26, 1967 Regulation .01A amended effective May 25, 1977 (4:11 Md. R. 868) Regulation .02 amended effective August 22, 1980 (7:17 Md. R. 1673) Regulation .02A amended effective November 4, 1977 (4:23 Md. R. 1736) Regulation .02F amended effective December 1, 1986 (13:24 Md. R. 2561) Regulation .03C amended effective December 1, 1986 (13:24 Md. R. 2561) Regulation .06A amended effective October 1, 1975 (2:22 Md. R. 1372) Regulation .06F adopted effective December 31, 1984 (11:26 Md. R. 2280) Regulation .07 amended effective December 2, 1985 (12:24 Md. R. 2351) Chapter revised effective July 1, 1987 (14:9 Md. R. 1082) Chapter revised effective January 15, 1989 (15:27 Md. R. 3136) Chapter revised effective July 1, 1990 (16:20 Md. R. 2182) Regulation .01 amended effective June 22, 1992 (19:12 Md. R. 1135); October 2, 2000 (27:19 Md. R. 1726); January 20, 2003 (30:1 Md. R. 26); July 4, 2005 (32:13 Md. R. 1116) Regulation .01A amended effective March 20, 2023 (50:5 Md. R. 182) Regulation .01C amended effective August 11, 2008 (35:16 Md. R. 1391) Regulation .01D amended effective September 12, 1994 (21:18 Md. R. 1512); October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925) Regulation .01E amended effective September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876) Regulation .02 repealed and new Regulations .02, .02-1—.02-4 adopted effective June 22, 1992 (19:12 Md. R. 1135) Regulation .02 repealed and new Regulation .02 adopted effective June 24, 2002 (29:12 Md. R. 929) Regulation .02 amended effective January 31, 2006 (32:13 Md. R. 1116) Regulation .02A amended effective March 3, 2003 (30:4 Md. R. 317) Regulation .02B amended effective May 31, 1999 (26:11 Md. R. 856) Regulation .02-2A amended effective June 7, 1993 (20:11 Md. R. 915) Regulation .02-2C amended effective July 4, 2005 (32:13 Md. R. 1116) Regulations .02-3 and .02-4 repealed effective June 26, 2000 (27:12 Md. R. 1141) Regulation .02-3 adopted effective October 30, 2000 (27:21 Md. R. 1976) Regulation .02-3 amended as an emergency provision effective August 26, 2016 (43:19 Md. R. 1070); amended permanently effective November 24, 2016 (43:23 Md. R. 1280) Regulation .02-3 repealed and new Regulation .02-3 adopted effective July 22, 2024 (51:14 Md. R. 678) Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 642) Regulation .03B amended effective January 20, 2003 (30:1 Md. R. 26); July 24, 2023 (50:14 Md. R. 594) Regulation .05 repealed and new Regulation .05 adopted effective May 25, 2026 (53:10 Md. R. 455) Regulation .06 repealed effective September 24, 2018 (45:19 Md. R. 865) Regulation .07C amended effective November 8, 2004 (31:22 Md. R. 1596) Regulation .08 repealed and new Regulation .08 adopted effective October 15, 1990 (17:20 Md. R. 2430) Regulation .08B, D amended effective January 20, 2003 (30:1 Md. R. 26) Regulation .08C amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .11 amended effective September 2, 1991 (18:17 Md. R. 1920); September 12, 1994 (21:18 Md. R. 1512); March 24, 1997 (24:6 Md. R. 486); February 17, 2014 (41:3 Md. R. 202) Regulation .11B, C amended effective October 5, 2009 (36:20 Md. R. 1531); September 24, 2018 (45:19 Md. R. 865) Regulation .11C amended effective January 20, 2003 (30:1 Md. R. 26) Regulation .11H adopted effective September 24, 2018 (45:19 Md. R. 865) Regulation .12F adopted effective February 17, 2014 (41:3 Md. R. 202) Regulation .12-1 adopted effective March 11, 1996 (23:5 Md. R. 380) Regulation .12-1 amended effective January 6, 2005 (31:26 Md. R. 1864) Regulation .12-1C amended effective January 20, 2003 (30:1 Md. R. 26) Regulation .14E amended effective March 24, 1997 (24:6 Md. R. 486) Regulation .14F adopted effective March 24, 1997 (24:6 Md. R. 486) Regulation .14 repealed and new Regulation .14 adopted effective March 13, 2006 (33:5 Md. R. 522) Regulation .15C adopted effective February 17, 2014 (41:3 Md. R. 202) Regulation .17 adopted effective March 11, 1996 (23:5 Md. R. 380) Regulation .17 amended effective January 9, 2012 (38:27 Md. R. 1765); August 19, 2024 (51:16 Md. R. 743) Regulation .17A, C amended effective January 20, 2003 (30:1 Md. R. 26); March 13, 2006 (33:5 Md. R. 522) Regulation .17F amended effective March 3, 2025 (52:4 March 3, 2025) Regulations .18— .20 adopted effective July 21, 2003 (30:14 Md. R. 937) Regulation .21 adopted effective February 17, 2014 (41:3 Md. R. 202) A system of information on enrollment, attendance, and promotion of students shall be maintained in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference. The provisions of this chapter are intended to preserve the right of students and parents or guardians to: 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. “Act” means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as §444 of the General Education Provisions Act, 20 U.S.C. §1232g. “Directory information” means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed and may include the following information relating to a student: The student's name; Address; Telephone listing; Electronic mail address; Photograph; Grade level; Enrollment status, for example, undergraduate or graduate, full-time or part-time; Date and place of birth; Major field of study; Participation in officially recognized activities and sports; Weight and height of members of athletic teams; Dates of attendance; Degrees and awards received; The most recent educational agency or institution attended by the student; and Other similar information, as defined by the local school system. “Disclosure” means permitting access to, or the release, transfer, or other communication of, personally identifiable information contained in student records to any party, by any means, including oral, written, or electronic means. “Educational institution” means an individual public school which is regulated by the State Board of Education. “Eligible student” means a student who is 18 years old or older or is attending an institution of postsecondary education. “Financial aid” means a payment of funds provided to an individual, or a payment in kind of tangible or intangible property to the individual, which is conditioned on the individual's attendance at a local school system or educational institution. “Institution of postsecondary education” means an institution which provides education to students beyond the secondary school level. “Local school system” means any of the 24 local public school systems in the State. “Organization” includes, but is not limited to, federal, State, and local agencies and independent organizations. Parent. “Parent” means a parent of a student. “Parent” includes: A natural parent; A guardian; or An individual acting as a parent in the absence of a parent or guardian. “Parental consent” means the written permission given by a parent or guardian for the purpose of permitting disclosure of student records. “Party” means an Individual; Agency; Institution; or Organization. “Personally identifiable” means that the data or information includes: The name of a student; The student's parent, guardian, or other family member; The address of the student; A personal identifier; such as the student's Social Security number or student number; A list of personal characteristics which would make it possible to identify the student with reasonable certainty; or Other information which would make it possible to identify the student with reasonable certainty. “Recommendation” means descriptive narrative student information associated with a statement regarding postsecondary education, training, or occupational placement, and any responses to ratings, questions, or other items contained on applications for the purpose of this placement. “Secondary school level” means the educational level, not beyond grade 12, where secondary education is provided, as determined under State law. Student. “Student” means an individual who is attending or has attended an educational institution that maintains the student's records or personally identifiable information. “Student” does not include an individual who has not been in attendance at the institution. “Student records” has the meaning stated in §C of this regulation. “Treatment,” for the purpose of §C(3)(d)(iii) of this regulation, does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution. Student Records. “Student records” means those records that are: Directly related to a student; and Maintained by an educational agency or institution or by a party acting for the agency or institution. “Student records” includes, but is not limited to: Records concerning disciplinary actions taken against students; and Records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student and not excepted under §C(3)(c) of this regulation. “Student records” does not include: Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record; Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement; Records relating to an individual who is employed by an educational agency or institution that: Are made and maintained in the normal course of business, Relate exclusively to the individual in that individual's capacity as an employee, and Are not available for use for any other purpose; Records on a student who is 18 years old or older, or is attending an institution of postsecondary education, that are: Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's professional capacity or assisting in a paraprofessional capacity, Made, maintained, or used only in connection with treatment of the student, and Disclosed only to individuals providing the treatment; or Records that only contain information about an individual after the individual is no longer a student at that agency or institution. 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. Student records which are maintained by the public schools of Maryland shall be administered in accordance with the provisions set forth in this chapter. This chapter does not preclude the use of student records with any student by local school system or educational institution staff for guidance or other educational purposes. 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: The local school system or educational institution may not destroy any student record if there is an outstanding request to inspect and review them under Regulation .13 of this chapter; Explanations placed in the education record under Regulation .15 of this chapter shall be maintained as provided in Regulation .15D of this chapter; and The record of access required under Regulation .20 of this chapter shall be maintained for as long as the education record to which it pertains is maintained. 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: When a student transfers to the next higher organizational unit, such as from elementary to middle school level; When a student graduates from high school; and When a student withdraws for any other reason. 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. Minimal content of student records is prescribed in the Maryland Student Records System Manual. An educational institution or local school system shall administer the minimally prescribed student data in accordance with the current Maryland Student Records System Manual and other State Department of Education regulations pertaining to student records. 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: Inspect and review the student's records; Seek amendment of the student's records that the parent, guardian, or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights; Consent to disclosures of personally identifiable information contained in the student records, except to the extent that the Act and Regulation .19 of this chapter authorize disclosure without consent; and File complaints with the United States Department of Education concerning alleged failures by the local school system or educational institution to comply with the requirements of the Act. The notice shall include all of the following: The procedure for exercising the right to inspect and review student records; The procedure for requesting amendment of student records; and If the local school system or educational institution has a policy of disclosing student records under Regulation .19A(1) of this chapter, a specification of criteria for determining who constitutes a school official, including a designated law enforcement official, and what constitutes a legitimate educational interest. A local school system or educational institution of elementary and secondary education shall provide a means to effectively notify: Disabled parents or guardians of students or eligible students; or Parents or guardians of students or eligible students identified as having a primary or home language other than English. 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: The applicant is, upon request, notified of the names of all individuals providing the letters or statements; The letters or statements are used only for the purpose for which they were originally intended; and This waiver is not required by the local school system or educational institution as a condition of admission, employment, or granting of an honor or receipt of any other service or benefit from the local school system or educational institution. 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. A waiver under this regulation may be revoked with respect to any actions occurring after the revocation. A revocation under this regulation shall be in writing. If a parent or guardian of a student executes a waiver under this regulation, that waiver may be revoked by the student at any time after the student becomes an eligible student. 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: Any local school system or educational institution; and A State educational agency and its components. 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: Constitute an educational agency or institution; and Are subject to this section if the State educational agency maintains student records on students who are or have been in attendance at any school of a local school system, an educational agency, or educational institution subject to the Act and this chapter. 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: Provide the parent, guardian, or eligible student with a copy of the student records requested; or Make other arrangements for the parent, guardian, or eligible student to inspect and review the requested student records. 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: The hearing shall be held within a reasonable period of time after the local school system or educational institution has received the request, and the parent or guardian of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing; The hearing may be conducted by any party, including an official of the local school system or educational institution, who does not have a direct interest in the outcome of the hearing; The parent or guardian of the student or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this chapter, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney; The local school system or educational institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and The decision of the local school system or educational institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision. 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 appeal procedure is processed at the local school system. 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: A specification of the records to be disclosed; The purpose or purposes of the disclosure; and The party or class of parties to whom the disclosure may be made. 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: To other school officials, including teachers within the educational institution or local school system, who have been determined by the system or institution to have legitimate educational interests; To officials of another school or school system in which the student seeks or intends to enroll, subject to the requirements set forth in Regulation .22 of this chapter; Subject to conditions set forth in Regulation .23 of this chapter, to authorized representatives of: The Comptroller General of the United States, The Secretary, The Director of the National Institute of Education, or the Assistant Secretary for Education, or State and local educational authorities; In connection with financial aid for which a student has applied or which a student has received, if personally identifiable information from the student records may be disclosed only as may be necessary for purposes such as to: Determine the eligibility of the student for financial aid, Determine the amount of financial aid, Determine the conditions which will be imposed regarding the financial aid, or Enforce the terms or conditions of the financial aid; To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed pursuant to State statute adopted: Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released, or After November 19, 1974, subject to the requirement of Regulation .26 of this chapter; To organizations conducting studies for, or on behalf of a local school system or educational institution for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the: Studies are conducted in a manner which will not permit the personal identification of students and their parents or guardians by individuals other than representatives of the organization, and Information will be destroyed when no longer needed for the purposes for which the study was conducted; To accrediting organizations in order to carry out their accrediting functions; To parents or guardians of a dependent student, as defined in §152 of the Internal Revenue Code of 1954; To comply with a judicial order or lawfully issued subpoena if the local school system or educational institution makes a reasonable effort (for example, telephone call and have it witnessed, telegram, registered letter, etc.) to notify the parent or guardian of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent, guardian, or eligible student may seek protective action, unless the disclosure is in compliance with: A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or Any other lawfully issued subpoena has ordered that the existence of the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; To the court when the local school system or institution initiates legal action against a parent or student, if the local school system or educational institution makes a reasonable effort to notify the parent or eligible student so that the parent or eligible student may seek protective action; or To appropriate parties in a health or safety emergency subject to the conditions set forth in Regulation .24 of this chapter. 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: The parties who have requested or obtained personally identifiable information from the student records; and The legitimate interests these parties had in requesting or obtaining the information. Section A of this regulation does not apply to disclosures: To a parent or guardian or an eligible student; Pursuant to the written consent of a parent or guardian of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made; To school officials under Regulation .19 of this chapter; Of directory information under Regulation .25 of this chapter; and To a party seeking or receiving the records as directed by a federal grand jury or other lawfully issued subpoena and the issuing court or other issuing agency has ordered that the existence or the content of the subpoena or the information furnished in response to the subpoena not be disclosed. The record of disclosures may be inspected: By the parent or guardian of the student or the eligible student; By the school official and the official's assistants who are responsible for the custody of the records; and For the purpose of auditing the record-keeping procedures of the local school system or educational institution, by the parties authorized in, and under the conditions set forth in, Regulation .19 of this chapter. 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: Make a reasonable attempt to notify the parent or guardian of the student or the eligible student of the transfer of the records at the last known address of the parent, guardian, or eligible student, except: When the transfer of the records is initiated by the parent, guardian, or eligible student at the sending local school system or educational institution, or When the annual notification of the local school system or educational institution, formulated under Regulation .10 of this chapter, includes a notice that it forwards student records on request to a school in which a student seeks or intends to enroll; Provide the parent or guardian of the student or the eligible student, upon request, with a copy of the student records which have been transferred; and Provide the parent or guardian of the student or the eligible student, upon request, with an opportunity for a hearing under Regulations .15—.17 of this chapter. 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: The seriousness of the threat to the health or safety of the student or other individuals; The need for the information to meet the emergency; Whether the parties to whom the information is disclosed are in a position to deal with the emergency; and The extent to which time is of the essence in dealing with the emergency. 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: The categories of personally identifiable information which the institution has designated as directory information; The right of the parent or guardian of the student or the eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information; and The period of time within which the parent or guardian of the student or the eligible student must inform the local school system or educational institution, in writing, that this personally identifiable information is not to be designated as directory information with respect to that student. 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. A local school system and educational institution shall develop policies regarding the management of student records in accordance with this chapter. A system of information shall be maintained on students in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual. 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: Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on student and parent rights and responsibilities, school newsletters, school calendars, and notices of parent conferences, open houses, and plays; and Those student records which are provided to the custodial parent such as report cards, disciplinary notices, and special education notices. 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: Pay a reasonable fee at the beginning of the school year for copying and mailing the documents; or Sign an agreement to reimburse the local school system at the end of the school year for the costs of copying and mailing the documents. 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. A parent or guardian may have additional rights and remedies to inspect and obtain copies of student records and other school-related information under State Government Article, §§10-610—10-628, Annotated Code of Maryland. Education Article, §2-205(c), Annotated Code of Maryland Effective date: June 2, 1978 (5:11 Md. R. 885) Regulation .05H amended effective May 2, 1988 (15:9 Md. R. 1111) Regulation .12C repealed effective May 2, 1988 (15:9 Md. R. 1111) Regulations .28 and .29 adopted effective May 2, 1988 (15:9 Md. R. 1111) Annotation: COMAR 13A.08.02 cited in Hunter et al. v. Board of Education of Montgomery Co. et al., 292 Md. 481 (1981) Chapter revised effective January 15, 1989 (15:27 Md. R. 3136) Regulation .01-1 adopted effective December 1, 1997 (24:24 Md. R. 1671) Regulation .02 amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .03B amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .05A amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .07N amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .09 amended effective December 1, 1997 (24:24 Md. R. 1671) Regulation .19A amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .20A amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .24A amended effective September 12, 1994 (21:18 Md. R. 1512) Regulation .28 amended effective December 1, 1997 (24:24 Md. R. 1671) Regulations .01—.31 repealed and new Regulations .01—.31 adopted effective September 7, 1998 (25:18 Md. R. 1436) Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876) Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687) Regulation .07D adopted effective September 11, 2006 (33:18 Md. R. 1506) In addition to the procedures set forth in COMAR 13A.08.01.11, the procedures set forth in this chapter apply to students with disabilities identified in accordance with COMAR 13A.05.01. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” means an impartial hearing officer as defined in COMAR 13A.05.01.03B(31). “Business day” has the meaning stated in COMAR 13A.05.01.03B(9). “Controlled substance” means a drug or other substance identified under the Controlled Substance Act, 21 U.S.C. §812(c), section 202(c), schedules I-V. “FAPE” means a free appropriate public education as defined in COMAR 13A.05.01.03B(27) and implemented in accordance with COMAR 13A.05.01. “IEP” means an individualized education program as defined in COMAR 13A.05.01.03B(34) and developed in accordance with COMAR 13A.05.01. “IEP team” has the meaning stated in COMAR 13A.05.01.03B(35). Illegal Drug. “Illegal drug” means a controlled substance. “Illegal drug” does not include: A substance that is legally possessed or used under the supervision of a licensed health-care professional; or A substance that is legally possessed or used under any other authority under the Controlled Substance Act or any other provision of federal law. “Public agency” has the meaning stated in COMAR 13A.05.01.03B(59). “School day” has the meaning stated in COMAR 13A.05.01.03B(66). “Serious bodily injury” means an injury inflicted on another individual that results in: A substantial risk of death; Extreme physical pain; Protracted and obvious disfigurement; or Protracted loss or impairment of the function of a bodily member, organ, or mental faculty in accordance with 18 U.S.C. §1365(h)(3). “Student with a disability” has the meaning stated in COMAR 13A.05.01.03B(78). “Weapon” means a dangerous weapon as defined under §18 U.S.C. 930(g)(2). Removal of a Student with a Disability for not More than 10 Consecutive School Days. A student with a disability may be removed from the student's current placement for not more than 10 consecutive school days for any violation of school rules to the same extent that removal is applied to students without disabilities. Unless it is determined that the removal constitutes a change of placement as described in Regulation .05 of this chapter, a student with a disability may be removed: To an alternative educational setting; To another setting; or By suspension. A public agency is not required to provide services to a student with a disability if services are not provided to students without disabilities. Removal of a Student with a Disability for More than 10 School Days. A student with a disability may be removed from the student's current placement for up to 10 consecutive school days for each incident of misconduct in a school year if the cumulative effect of the removals does not constitute a change of placement in accordance with Regulation .05 of this chapter. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement as described in Regulation .05 of this chapter is appropriate for a student with a disability who violates a code of student conduct, consistent with 20 U.S.C. §1415(k)(1)(a) and 34 CFR §300.530. For each period of removal after a student with a disability has been removed for the cumulative equivalent of 10 school days in a school year, school personnel shall consult with at least one of the student's teachers to determine what services to provide to enable the student to appropriately: Progress in the general curriculum; and Advance toward achieving the goals of the student's IEP. A student with a disability may be removed for more than 10 consecutive school days for a violation of school rules to the same extent removal is applied to students without disabilities if the student's IEP teams determines that the behavior subject to the removal is not a manifestation of the student's disability, in accordance with Regulation .08 of this chapter. A student with a disability removed consistent with §B(4) of this regulation shall: Continue to receive educational services in another setting, so as to enable the student to continue to participate in the general education curriculum and progress toward meeting the goals set out in the student's IEP; and Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation to prevent its recurrence. On the date a student with a disability is removed from the student's current placement for a violation of a code of student conduct in accordance with Regulation .03B or .05 of this chapter, school personnel shall: 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: Removed from the student's current placement for more than 10 consecutive school days; or Subjected to a series of removals that constitutes a pattern of removal that accumulates to more than 10 school days in a school year. To determine if the removal constitutes a pattern of removals, the IEP team shall consider the: Length of each removal; Total amount of time the student is removed; and Proximity of the removals to one another. 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: Carries or possesses a weapon; Knowingly possesses or uses an illegal drug; Sells or solicits the sale of a controlled substance; or Inflicts serious bodily injury on another person. The IEP team shall determine the interim alternative educational setting. An interim alternative educational setting shall enable the student with a disability to: Progress in the general curriculum; Receive the services and modifications included in the student's IEP; Meet the goals of the student's IEP; and Receive services and modifications designed to address the behavior to prevent its recurrence. A student with a disability removed from the student's current placement consistent with §A of this regulation shall: Continue to receive educational services in another setting, so as to enable the student to continue to participate in the general education curriculum and progress toward meeting the goals set out in the student's IEP; and Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation to prevent its recurrence. 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: The student's current placement is appropriate; The public agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and The interim alternative educational setting proposed by the public agency, in consultation with the student's special education teacher, meets the requirements of §C of this regulation. 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: Conducted a functional behavioral assessment; and Implemented a behavioral intervention plan to address the behavior before the behavior occurred that resulted in the student's removal as set forth in Regulation .03B or .05 of this chapter. 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: Develop appropriate behavioral interventions to address the behavior; and Implement the behavioral intervention plan. 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: The behavioral intervention plan needs to be modified; or The implementation of the behavioral intervention plan needs to be modified to address the behavior. 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: As set forth in Regulation .03B of this chapter; That constitutes a change of placement in accordance with Regulation .05 of this chapter; or To an interim alternative educational setting in accordance with Regulation .06 of this chapter. 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: Whether the student's behavior that resulted in disciplinary removal is a manifestation of the student's disability; and The services to be provided during the removal in accordance with Regulation .06C of this chapter to ensure the provision of FAPE. In determining whether the student's behavior was a manifestation of the student's disability, the IEP team shall review: All relevant information in the student's file; Any teacher observations; Any relevant information supplied by the parents; and The student's IEP. 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: Caused by or had a direct and substantial relationship to the student's disability; or The direct result of the public agency's failure to implement the student's IEP. 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: Conduct a functional behavioral assessment and implement a behavioral intervention plan if the public agency had not conducted such assessments prior to a disciplinary removal in accordance with Regulation .03B or .05 of this chapter; Review the student's behavioral intervention plan and modify it, if necessary, to address the behavior; and Return the student to the student's placement from which the student was removed unless the parent and the public agency agree to a change of placement as part of a modification of the student's behavioral intervention plan. If the IEP team determines that the behavior is not a manifestation of the student's disability: The student may be disciplined in the same manner as students without disabilities, including a period of suspension or expulsion, as set forth in COMAR 13A.08.01.11C; and The IEP team shall determine the extent to which services are necessary during the period of suspension or expulsion to enable the student to appropriately: Progress in the general curriculum; and Advance toward achieving the goals of the student's IEP. 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: Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter; The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or The interim alternative educational setting, as set forth in Regulation .06 of this chapter. 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: Return the student with a disability to the placement from which the student was removed; or Order a change in placement of a student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the administrative law judge determines that maintaining the current placement is substantially likely to result in injury to the student or others. The public agency may repeat the procedures set forth in Regulation .06D of this chapter as necessary if a public agency believes that: The student continues to be dangerous; Returning the student to the student's placement before placement in an interim alternative educational setting is substantially likely to result in injury to the student or others; and The student should remain in an interim alternative educational setting as set forth in Regulation .06A and F of this chapter. 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: The parent of the student expressed concern in writing to supervisory or administrative personnel of the public agency or a teacher of the student that the student is in need of special education and related services; The parents have requested an evaluation as set forth in COMAR 13A.05.01.04A(1); or The student's teacher or other personnel of the public agency have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the public agency director of special education or other public agency supervisory personnel in accordance with COMAR 13A.05.01.04A(1) or local child-find procedures. A public agency is not deemed to have knowledge in accordance with §B of this regulation if: The parent of the student: Did not allow the public agency to conduct assessments in accordance with COMAR 13A.05.01.05; or Refused or revoked consent for services in accordance with COMAR 13A.05.13; or The public agency: Conducted an evaluation in accordance with COMAR 13A.05.01.06B and determined that the student was not a student with a disability, or determined that an evaluation was not necessary in accordance with COMAR 13A.05.01.04B(4); and Provided the student's parents with a written notice of the decision in accordance with COMAR 13A.05.01.12. 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. Education Article, §§2-205, 7-305, 8-404, and 8-407, Annotated Code of Maryland Effective date: October 2, 2000 (27:19 Md. R. 1726) Regulation .02B amended effective May 7, 2007 (34:9 Md R. 826) Regulation .03 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .04 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .05C amended effective May 7, 2007 (34:9 Md R. 826) Regulation .06 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .06A amended effective January 21, 2002 (29:1 Md. R. 25) Regulation .07A amended effective January 21, 2002 (29:1 Md. R. 25) Regulation .08 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .09 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .10 amended effective May 7, 2007 (34:9 Md R. 826) Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1531) Regulation .11A amended effective May 7, 2007 (34:9 Md R. 826) This chapter applies to the use of student behavior interventions by: Public agencies; The Residential Boarding Education Program for At-Risk Youth (SEED School); The Regional Institutes for Children and Adolescents, as defined by COMAR 10.21.06.02; and Nonpublic schools. 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. Behavior intervention plan. “Behavior intervention plan” means a proactive plan designed to address problem behavior exhibited by a student in the educational setting through the use of positive behavioral interventions, strategies, and supports. “Behavior intervention plan” includes: Clear and specifically defined targeted behaviors; Data on the targeted behaviors, as collected through a functional behavior assessment; Specific methods of data collection for progress monitoring; and A hierarchy of responses to address student behavior. “Business day” has the meaning stated in COMAR 13A.05.01.03. Communicate. “Communicate” means to convey information verbally or nonverbally. “Communicate” includes, but is not limited to: Speech; Gestures; Symbols; and American Sign Language. “Department” means the Maryland State Department of Education. Debrief. “Debrief” means an intentional process wherein a restraint or seclusion incident is reviewed by school personnel in order to prevent future incidents and improve responses to the student’s challenging behavior. “Debrief” includes: Review of the events leading up to the restraint or seclusion incident; Analysis of school personnel’s compliance with an existing behavior intervention plan, Section 504 plan, or IEP; and Consideration of new or additional behavioral strategies to address the behavior that led to the use of restraint or seclusion. “Exclusion” means the removal of a student to a supervised area for a limited period of time during which the student has an opportunity to regain self-control and is not receiving instruction including special education, related services, or support. Functional Behavior Assessment. “Functional behavior assessment” means the systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the problem behavior. “Functional behavior assessment” includes the: Identification of the functions of the problem behavior for the student; Description of the problem behavior exhibited in the educational setting; and Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time. “Health care practitioner” means: A physician licensed to practice under Health Occupations Article, Title 14, Annotated Code of Maryland; A psychologist licensed to practice under Health Occupations Article, Title 18, Annotated Code of Maryland; A clinical social worker licensed to practice under Health Occupations Article, Title 19, Annotated Code of Maryland; A registered nurse licensed to practice under Health Occupations Article, Title 8, Annotated Code of Maryland; or A clinical professional counselor licensed under Health Occupations Article, Title 17, Annotated Code of Maryland. “IEP” means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03. “IEP team” has the meaning stated in COMAR 13A.05.01.03. Mechanical Restraint. “Mechanical restraint” means the use of any device or equipment to restrict a student's freedom of movement. “Mechanical restraint” does not include devices implemented by trained school personnel, or used by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, including: Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; Restraints for medical immobilization; or Orthopedically prescribed devices that permit a student to participate in activities without risk of harm. “Nonpublic school” means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities. “Parent” has the meaning stated in COMAR 13A.05.01.03. Physical Restraint. “Physical restraint” means a personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely. “Physical restraint” does not include: Briefly holding a student in order to calm or comfort the student; Holding a student’s hand or arm to escort the student safely from one area to another; Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or Breaking up a fight in the school building or on school grounds in accordance with Education Article §7-307, Annotated Code of Maryland. “Positive behavior interventions, strategies, and supports” means the school-wide and individual application of data-driven, trauma-informed actions, instruction, and assistance to promote positive social and emotional growth while preventing or reducing challenging behaviors in an effort to encourage educational and social emotional success. Protective or Stabilizing Device. “Protective or stabilizing device” means any device or material attached or adjacent to the student's body that restricts freedom of movement or normal access to any portion of the student's body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring safe positioning of a person. “Protective or stabilizing device” includes: Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer; Seat belts; or Other safety equipment to secure students during transportation in accordance with the public agency or nonpublic school transportation plan. “Public agency” means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program. “Restraint” means the use of a physical or mechanical restraint. “School personnel” means an individual employed by a public agency or nonpublic school as defined in this chapter. Seclusion. “Seclusion” means the confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours. “Seclusion” does not include a behavior intervention plan of separating a student by placing the student: Into a nonlocked room from which the student is allowed to leave; or Within a separate location in a classroom from which the student is not physically prevented from leaving. “Section 504 plan” means a plan developed to provide a qualified student with a disability a free appropriate public education consistent with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and its implementing regulation, 34 C.F.R. §104.33. “Serious physical harm” has the same meaning as “serious bodily injury” as defined in 18 U.S.C. §1365(h)(3). “Student with a disability” has the meaning stated in COMAR 13A.05.01.03. “Trauma-informed intervention” means an approach to behavior intervention that is informed by the recognition that the experience of trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have a significant impact on an individual’s physical and emotional health and ability to function. 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: After less restrictive or alternative approaches have been: Attempted; or Determined to be inappropriate; In a humane, safe, and effective manner; Without intent to harm or create undue discomfort; Consistent with known medical or psychological limitations and the student's behavioral intervention plan; and Consistent with an evidence-based, trauma-informed crisis prevention intervention program. School personnel conducting an escort shall use a natural position and safe manner. This chapter does not prohibit: School personnel from initiating appropriate student disciplinary actions pursuant to Education Article §7-305, Annotated Code of Maryland, COMAR 13A.08.01.11, and COMAR 13A.08.03; or Law enforcement, judicial authorities, or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or procedures. School personnel may use exclusion to address a student's behavior: If the student's behavior unreasonably interferes with the student's learning or the learning of others; If the student's behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate; If exclusion is requested by the student; or If supported by the student's behavior intervention plan. A setting used for exclusion shall: Provide school personnel with the ability to see the student at all times; Provide adequate lighting, ventilation, and furnishings; and Be unlocked and free of barriers to prevent egress. School personnel shall monitor a student placed in exclusion and provide a student in exclusion with: An explanation of the behavior that resulted in the removal; and Instructions on the behavior required to return to the learning environment. School personnel shall ensure that each period of exclusion: Is appropriate to the developmental level of the student and the severity of the behavior; Provides support to increase the student’s self-regulation in order to return to the instructional setting; and Does not exceed 30 minutes. Parents and school personnel may at any time request a meeting to address the use of exclusion and to: Conduct a functional behavioral assessment; and Develop, review, or revise a student's behavioral intervention plan, Section 504 plan, or IEP. 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. Physical Restraint. The use of physical restraint is prohibited in public agencies and nonpublic schools unless: Physical restraint is necessary to protect the student or another individual from imminent, serious physical harm; and Other less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student. Physical restraint shall only be implemented and monitored by school personnel who are trained in the appropriate use of physical restraint consistent with Regulation .06C of this chapter. In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious physical harm. Physical restraint: Shall be removed as soon as the student no longer poses a threat of imminent, serious physical harm; and May not exceed 30 minutes. In applying physical restraint, school personnel may not: Place a student in a face down position; Place a student in any other position that will obstruct a student's airway or otherwise impair a student's ability to breathe, obstruct school personnel’s view of a student's face, restrict a student's ability to communicate distress, or place pressure on a student's head, neck, or torso; or Straddle a student's torso. Mechanical Restraint. The use of mechanical restraint is prohibited in public agencies and nonpublic schools unless a public agency or nonpublic school is accredited by and meets the requirements of the Joint Commission. Section A(2)(a) of this regulation does not prohibit school personnel from using a protective or stabilizing device: As prescribed by a health professional; or For a student with a disability, in accordance with the student's IEP or behavior intervention plan. Documentation of the Use of Restraint. Each time school personnel use restraint on a student, school personnel involved in the restraint shall debrief and document the incident using a form developed by the Department that includes: Other less intrusive, nonphysical interventions that have failed or been determined inappropriate; The precipitating event immediately preceding the behavior that prompted the use of restraint; The behavior that prompted the use of a restraint; The type of restraint; The length of time in restraint; The student’s behavior and reaction during the restraint; The names of the school personnel who observed the behavior that prompted the use of restraint; The names and signatures of the school personnel implementing and monitoring the use of restraint; and The name and signature of the administrator informed of the use of restraint. The debrief and documentation shall occur as soon as possible after the event. The documentation described in §A(3) of this regulation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian in accordance with COMAR 13A.08.02. Each time restraint is used, parents shall be provided oral or written notification within 24 hours. Use of Seclusion. The use of seclusion is prohibited in public agencies. The use of seclusion is prohibited in nonpublic schools unless: Seclusion is necessary to protect the student or another individual from imminent, serious physical harm; Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student; A qualified health care practitioner is on-site and is directly observing the student during the seclusion; and The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student. Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall: Receive training in all topics required under Regulation .06 of this chapter; and Be clinically familiar with the student. Seclusion Room. At a minimum, a room used for seclusion shall: Be free of objects and fixtures with which a student could self-inflict bodily harm; Provide school personnel an adequate view of the student from all angles; and Provide adequate lighting and ventilation. The door of a seclusion room shall not be fitted with a lock unless it releases automatically when not physically held in the locked position by school personnel on the outside of the door. School personnel shall: Remain in close proximity to the door of a seclusion room at all times; Actively observe a student placed in seclusion at all times; and Provide a student placed in seclusion with: An explanation of the behavior that resulted in the removal; and Instructions on the behavior required to return to the learning environment. Seclusion shall only be implemented and monitored by school personnel trained in the appropriate use of seclusion consistent with Regulation .06C of this chapter. A seclusion event: Shall be appropriate to the student's developmental level and severity of the behavior; May not restrict the student's ability to communicate distress; and May not exceed the shorter of: 30 minutes; or A point in time during which the student no longer poses a threat of imminent, serious physical harm. Documentation of Seclusion. Each time a student is placed in seclusion, school personnel involved in the seclusion incident shall debrief and document the incident using a form developed by the Department that includes: Other less intrusive interventions that have failed or been determined inappropriate; The precipitating event immediately preceding the behavior that prompted the use of seclusion; The behavior that prompted the use of seclusion; and The length of time in seclusion; The student's behavior and reaction during the seclusion; and The names and signatures of the school personnel implementing and monitoring the seclusion; and The name and signature of the administrator informed of the use of seclusion. The documentation described in §B(8) of this regulation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian in accordance with COMAR 13A.08.02. Each time seclusion is used, school personnel shall provide the student's parent with verbal notification or send written notice within 24 hours. Referral to a Student Services, Section 504, or IEP Team. If restraint or seclusion is used for a student who has not been identified as a student with a disability, the student shall immediately be referred to the school's Student Support, Section 504, or IEP team. If restraint or seclusion is used for a student with a disability, and the student's Section 504 plan, IEP, or behavior intervention plan does not include the use of restraint or seclusion, the Section 504 or IEP team shall meet within 10 business days of the incident to consider: The need for a functional behavioral assessment; Developing appropriate behavioral interventions; Implementing a behavioral intervention plan; Training for school personnel; and Revisions to the Section 504 plan or IEP. If the behavior of a student with a Section 504 plan or IEP is adversely affected after the use of restraint or seclusion, the student’s 504 or IEP team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments. Student with an IEP. For a student who has an IEP and is placed in seclusion, the IEP team, in consultation with the health care practitioner who observed the seclusion, shall review the student's physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student. A determination under this paragraph shall be made: At each annual review of the student's IEP; and Within 10 days of a student's placement being changed. Physical restraint or seclusion may be included in a student’s behavioral intervention plan, Section 504 plan, or IEP to address the student’s behavior in an emergency situation, provided that school personnel: Determine restraint or seclusion has been used with the student; Review available data to identify any contraindications to the use of physical restraint or seclusion based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate; Identify the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until physical restraint or seclusion is used in an emergency situation; and Obtain written consent from the parent, consistent with §C(9) of this regulation. If restraint or seclusion is used for a student with a disability, and the Section 504 plan, IEP, or behavior intervention plan includes the use of restraint or seclusion, the student's IEP or behavior intervention plan shall specify how often the Section 504 or IEP team shall meet to review or revise, as appropriate, the student's Section 504 plan, IEP, or behavior intervention plan. When a Section 504 or IEP team meets to review or revise a student's Section 504 plan, IEP, or behavior intervention plan, as specified in §C(4) of this regulation, the Section 504 or IEP team shall consider: Existing health, physical, psychological, and psychosocial information, including any contraindications to the use of restraint or seclusion based on medical history or past trauma; Information provided by the parent; Observations by teachers and related service providers; The student's current placement; and The frequency and duration of restraint or seclusion incidents and behavior events that occurred since the IEP team last met. The local school system or nonpublic school shall provide the parent of the student with written notice in accordance with COMAR 13A.05.01.12A when a Section 504 or IEP team proposes or refuses to initiate or change the student's Section 504 plan, IEP, or behavior intervention plan that includes the use of restraint or seclusion. Parental Consent. The Student Support, Section 504, or IEP team shall obtain the written consent of the parent if the team proposes to include restraint or seclusion in the behavior intervention plan, Section 504 plan, or IEP to address the student’s behavior. If the parent does not provide written consent, the team shall send the parent written notice within 5 business days of the team meeting that states: The parent has the right to either consent or refuse to consent to the use of restraint or seclusion; and If the parent does not provide written consent or a written refusal within 15 business days of the team meeting, the team may implement the proposed use of restraint or seclusion. Written Refusal. If the parent of a student with an IEP provides written refusal, the IEP team may use the dispute resolution options listed in Education Article, §8-413, Annotated Code of Maryland, to resolve the matter. If the parent of a student with a Section 504 plan or behavior intervention plan from a Student Services team provides written refusal, there is no right to the dispute resolution options listed in the Education Article, §8-413, Annotated Code of Maryland, to resolve the matter. Each public agency and nonpublic school shall develop policies and procedures to address: A continuum of positive behavioral interventions, strategies, and supports for use by school personnel before exclusion, restraint, or seclusion; The prevention of self-injurious behaviors; Methods for identifying and defusing potentially dangerous behavior; The use and documentation of exclusion consistent with Regulation .04 of this chapter; The use of restraint consistent with Regulation .05A of this chapter; The use of seclusion consistent with Regulation .05B of this chapter; and The notification, review, and recommendation requirements consistent with §§E and F of this regulation. 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. Each public agency and nonpublic school shall provide professional development to school personnel designated by a school administrator to use restraint or seclusion on this chapter and the appropriate implementation of policies and procedures developed in accordance with §A of this regulation. At the beginning of each school year, each public agency and nonpublic school shall identify school personnel authorized to serve as a school-wide resource to assist in ensuring proper administration of exclusion, restraint, and seclusion. The school personnel described in §C(1) and §C(2) of this regulation shall receive training in current professionally accepted practices and standards regarding: Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior; Trauma-informed intervention; Functional behavior assessment and behavior intervention planning; Exclusion; Restraint and alternatives to restraint; Seclusion; Symptoms of physical distress and positional asphyxia; First aid and cardiopulmonary resuscitation (CPR); and Individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma. The professional development described in §C(3) of this regulation shall include a written examination and physical demonstration of proficiency in the described skills and competencies. Monitoring and Compliance. Each public agency and nonpublic school shall develop policies and procedures on: Monitoring the use and documentation of exclusion, restraint, and seclusion; and Receiving and investigating complaints regarding exclusion, restraint, and seclusion practices. The Department may monitor and request any information regarding any matter related to exclusion, restraint, or seclusion implemented by a public agency or nonpublic school. The Department shall provide written notice of the requested information and specify the time and the manner in which the public agency or nonpublic school shall respond to the request. Notice of Student’s Tenth Incident of Physical Restraint or Seclusion. If a student enrolled in a public school is physically restrained ten times or more in a school year, the public school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint and every tenth incident thereafter. If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion ten times or more in a school year, the nonpublic school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint or seclusion and every tenth incident thereafter. If a student enrolled in a public agency that is not a public school is physically restrained ten times or more in a school year, the public agency shall provide notice to the Department at the earliest opportunity, but not longer than 4 business days after the student's tenth incident of physical restraint and every tenth incident thereafter. Review, Assessment, and Recommendations. Within 10 business days from receipt of notice from a public school or nonpublic school under §E(1) and (2) of this regulation, the local school system shall: Review the student's case, including the circumstances of each incident of physical restraint or seclusion; Assess the public school’s or nonpublic school's pattern of behavioral health interventions to evaluate whether the public school or nonpublic school could use less restrictive behavioral health interventions; and Share the local school system's recommendations with the Department and the public school or nonpublic school. Within 10 business days from receipt of notice from a public agency under §E(3) of this regulation, the Department shall: Review the student's case, including the circumstances of each incident of physical restraint; Assess the public agency's pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and Share the Department's recommendations with the public agency. Corrective Action. The Department shall require a public agency or nonpublic school to submit a corrective action plan, within a time period prescribed by the Department, if a public agency or nonpublic school: Fails to comply with any provision of this chapter; or Reports to the Department that a student has been physically restrained or placed in seclusion ten times or more in a school year. The Department may require different or additional student specific or systemic corrective action within a prescribed time period as determined appropriate by the Department. Restraint and Seclusion Data Reporting. On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on: The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement; The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement; For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age. To determine the number of incidents for the report required under §A(1) of this regulation: A seclusion incident shall be considered ended if at any point during the incident the student is no longer prevented from leaving or is removed from a room, an enclosure, or other space; and If, after a seclusion incident has ended in accordance with §A(2)(a) of this regulation, the public agency or nonpublic school determines that it is necessary to place the student in seclusion again, the subsequent confinement of the student in a room, enclosure, or other space shall be considered a separate incident. On or before December 1 each year, each nonpublic school shall: Personally observe and review seclusion rooms to ensure compliance with Regulation .05B(4) of this chapter; Review training plans for the use of seclusion with Regulation .06C of this chapter; and Report to the Department regarding findings made under §A(3)(a) and (b) of this regulation. The Department shall verify the accuracy of a report from any public agency or nonpublic school that reports no physical restraint or seclusion incidents under §A(1) of this regulation. If the Department is unable to verify the accuracy of a report submitted by a public agency or nonpublic school, the Department shall make recommendations for improvements in data collection and positive behavioral interventions at the public agency or nonpublic school. 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: The professional development provided to designated school personnel related to positive behavioral interventions, strategies, and supports and trauma-informed interventions for the prior school year; For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint or seclusion incidents in the upcoming school year. Education Article, §§2-205, 7-301, 7-303—7-305, 7-307, 7-308, 7-1101—7-1104, and 8-405, Annotated Code of Maryland Effective date: June 23, 2003 (30:11 Md. R. 789) Regulation .01 amended effective November 13, 2023 (50:22 Md. R. 977) Regulation .02B amended effective May 7, 2007 (34:9 Md. R. 827); October 5, 2009 (36:20 Md. R. 1531); July 16, 2018 (45:14 Md. R. 697); November 13, 2023 (50:22 Md. R. 977) Regulation .03 amended effective November 13, 2023 (50:22 Md. R. 977) Regulation .04 amended effective November 13, 2023 (50:22 Md. R. 977) Regulation .04A, D amended effective October 5, 2009 (36:20 Md. R. 1531) Regulation .05 amended effective July 16, 2018 (45:14 Md. R. 697); November 13, 2023 (50:22 Md. R. 977) Regulation .05A, B amended effective October 5, 2009 (36:20 Md. R. 1531) Regulation .05C amended effective May 7, 2007 (34:9 Md. R. 827) Regulation .06 amended effective November 13, 2023 (50:22 Md. R. 977) Regulation .06C amended effective October 5, 2009 (36:20 Md. R. 1531); July 16, 2018 (45:14 Md. R. 697) Regulation .07 adopted effective November 13, 2023 (50:22 Md. R. 977) In this chapter, the following terms have the meanings indicated. Terms Defined. “County” means a county of this State and includes Baltimore City. “Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship. “Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides. “Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity. “Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, and as further defined in Education Article, §4-122.1, Annotated Code of Maryland. “Serious family hardship” means: Death of a parent or legal guardian of the child, supported by a copy of the death certificate or other proof; Serious illness of a parent or legal guardian of the child, supported by a copy of the doctor's report, note, or other proof; Drug addiction of a parent or legal guardian of the child, supported by documentation from a treatment provider or parent, or other proof; Incarceration of a parent or legal guardian of the child, supported by documentation from the legal system, detention center, or other proof; Abandonment by a parent or legal guardian of the child, supported by notarized statements from all legal guardians or documentation from court, social services, or other proof; or Assignment of a parent or legal guardian of a child to active military duty, supported by a copy of military orders or other proof. 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: The child lives with a relative providing informal kinship care in the county or school attendance area; and The relative verifies the informal kinship care relationship through a sworn affidavit in the form and as specified in Regulations .04—.06 of this chapter. 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: Appoints a guardian for the child; or Awards custody of the child to someone other than the relative providing informal kinship care. 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: Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and Subject to Education Article, §4-122.1(b), Annotated Code of Maryland, make a preliminary determination of the sending agency that is financially responsible for each child under Education Article, §4-122.1(d), Annotated Code of Maryland. The receiving agency shall send to the sending agency by January 31 of each year: A copy of the notice required under §A of this regulation; and A copy of the affidavit and supporting documentation for each child for which the sending agency is financially responsible. 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 name and date of birth of the child; The name and address of the child's parent or legal guardian; The name and address of the relative providing informal kinship care; The date the relative assumed informal kinship care; The nature of the serious family hardship and why it resulted in informal kinship care; The kinship relation to the child of the relative providing informal kinship care; The name and address of the school the child previously attended; Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system; Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll; Notice that 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 attends a public school in the county; and Attached instructions that: Explain the necessity for both an affidavit and supporting documentation of the serious family hardship resulting in informal kinship care; and Encourage the relative providing informal kinship care to submit the affidavit and supporting documentation before September 30 of each year. The affidavit shall be in the following form: Each local school system shall: Make affidavit forms, with attached instructions, available free of charge at the offices of each county board of education; and Advise inquirers that affidavit forms are also available at the local department of social services and the local area agency on aging. 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: Death certificate for death; Verification by physician or hospital for serious illness; Verification by treatment provider for drug addiction; Verification by legal system or detention center for incarceration; Notarized statements from legal guardians or verification from court or social services for abandonment; Military orders for assignment to military duty; and Where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit. 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. Education Article, §§2-205, 4-122.1, and 7-101, Annotated Code of Maryland Effective date: January 16, 2006 (33:1 Md. R. 37) Regulation .02A amended effective June 29, 2009 (36:13 Md. R. 900) Regulation .04B amended effective June 29, 2009 (36:13 Md. R. 900) Regulation .05A amended effective June 29, 2009 (36:13 Md. R. 900) In this chapter, the following terms have the meanings indicated. Terms Defined. “Alternative behavior modification program” means a research-based, positive and effective school-wide program that includes the following: Systems and practices that: Enhance the capacity for all children to be successful; and Recognize appropriate behaviors and respond to behavioral violations; and A continuous assessment of school discipline data to facilitate appropriate decisions about implementation of research based practices. “Elementary school” means any comprehensive public school, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 5. “Habitually truant” means a student that meets all of the following criteria: The student was age 5 through 20 during the school year; The student was in membership in a school for 91 or more days; and The student was unlawfully absent from school for more than 20 percent of the days in membership. “Local school system” means any of the 24 local school systems in the State. “Positive behavioral interventions and support program (PBIS)” means the research-based, systems approach method adopted by the State Board to: Build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn; and Improve the link between research-validated practices and the environments in which teaching and learning occur. “School” means any comprehensive public school in which the school population includes any combination of students in prekindergarten through grade 12, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 12. “Suspension rate” means the unduplicated count of students who receive out-of-school suspension as a disciplinary action during a year divided by the September 30 enrollment count. “Truancy rate” means the unduplicated count of students who are “habitually truant” from school during a school year divided by the September 30 enrollment count. 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: A PBIS; or An alternative behavioral modification program developed in collaboration with the Department. An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds: 18 percent of its enrollment for the 2005—2006 school year; 16 percent of its enrollment for the 2006—2007 school year; 14 percent of its enrollment for the 2007—2008 school year; 12 percent of its enrollment for the 2008—2009 school year; and 10 percent of its enrollment for the 2009—2010 school year and each school year thereafter. The school principal or the principal's designee and appropriate staff members shall: Develop a plan for implementing a program as set forth in §A of this regulation; Attend PBIS or alternative behavior modification training program approved by the Department; and Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program. The following apply to an elementary school that has at least one grade beyond grade 5: The suspension rates in §B of this regulation shall apply to students in prekindergarten through grade 5; and PBIS or the alternative behavioral modification program shall focus on students in prekindergarten through 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: The elementary school has already implemented a PBIS or an alternative behavior modification program; and The elementary school has a suspension rate that exceeds the standard specified in §B of this regulation. 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 PBIS; or An alternative behavior modification program developed in collaboration with the Department. A school is subject to this regulation if it has a truancy rate that exceeds: 8 percent of its enrollment for the 2008—2009 school year; 6 percent of its enrollment for the 2009—2010 school year; 4 percent of its enrollment for the 2010—2011 school year; 2 percent of its enrollment for the 2011—2012 school year; and 1 percent of its enrollment for the 2012—2013 school year and each school year thereafter. The school principal or the principal's designee and appropriate staff members shall: Develop a plan for implementing a program as set forth in §A of this regulation; Attend PBIS or alternative behavior modification training program approved by the Department; and Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program. 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: The school has already implemented a PBIS or an alternative behavior modification program; and The school has a truancy rate that exceeds the standard specified in §B of this regulation. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide. Education Article, §§2-205 and 7-304.1, Annotated Code of Maryland Effective date: March 13, 2006 (33:5 Md. R. 522) Regulation .01B amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766) Regulation .02 amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766) Regulation .03 adopted effective May 31, 2010 (37:11 Md. R. 766) The purpose of this chapter is to promote the education and well-being of children in State-supervised care by facilitating: 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. Child in State-Supervised Care. “Child in State-supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency. “Child in State-supervised care” does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, §22-308, Annotated Code of Maryland. “Department” means the State Department of Education. “Education guardian” means the person or entity designated by the court as having educational decision-making authority for the child pursuant to Courts and Judicial Proceedings Article, 3-819(c)(1)(ii), Annotated Code of Maryland. “Noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland. “Notice” means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated. Parent. “Parent” means: A child's natural parents; A child's adoptive parents; A guardian; A person acting as a parent of a child such as a relative or a stepparent with whom the child lives; A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or Any other individual who is legally responsible for a child's welfare. “Parent” does not include a social worker or other employee of a public agency who is responsible for the education or care of the child. “Placement agency” means: A local department of social services; The Maryland Department of Health; The Department of Juvenile Services; or A private agency that: Engages in the placement of children in homes or with individuals; and Is licensed by the Social Services Administration under Family Law Article, §5-507, Annotated Code of Maryland. “Placement or modification of a placement” means a change of the physical residence of a child in State-supervised care. “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll. “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling or seeking to enroll in a receiving school. Notice of Enrollment or Imminent Enrollment. Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care. The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care. Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall: Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care; Request, in writing, the educational records of the child in State-supervised care from the sending school; Provide a copy of the request made under §B(2) of this regulation to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and Inform the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care of the rights set forth in this regulation. After receiving notice under §B of this regulation, a sending school shall: Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled; Immediately inform the receiving school orally of the status of the child in State-supervised care under §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq. or under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and Within 3 school days following receipt of notice from the receiving school, send by regular first-class mail or transmit electronically to the receiving school a copy of: A completed student withdrawal or transfer record of a child in State-supervised care; The academic records of a child in State-supervised care; The discipline records of a child in State-supervised care; The immunization records of a child in State-supervised care; and If applicable, the most recent individualized education program or Section 504 plan and the most recent assessment of a child in State-supervised care. 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: A parent, as defined in Regulation .02B(6) of this chapter; A placement agency caseworker; A foster parent, even if the foster parent has not been granted limited guardianship for educational decision making; A formal kinship care provider; A parent surrogate; An education guardian; A residential child care program representative; The student, if the student is 18 years old or older; A court-appointed special advocate; or A court-appointed attorney. At the time of enrollment, the person enrolling the child shall: Present documentation to the receiving school that identifies the person as authorized under §A of this regulation to enroll a child; Present photo identification; and Complete a form requesting the enrollment of the student, if the receiving school so requires. 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: Proof that the child is in State-supervised care, with acceptable documents including: Those parts of the most recent court order that establish legal custody; or A letter on the letterhead of the placement agency that has custody of the child explaining that the child is in State-supervised care; or The receiving school system’s enrollment form signed by a representative of the State Agency having jurisdiction over the child. Proof of the residency of the child in one of the following ways as chosen by the person authorized under §A of this regulation to enroll the child: A letter from the placement agency with custody of the child, verifying the address of the child's residence, and one of the documents from one of the following groups: A currently dated (within 3 months of the date of enrollment) lease, rent receipts, deed, or property tax bill; or A currently dated (within 3 months of the date of enrollment) gas and electric bill, water bill, cable bill, online computer services bill, noncellular phone bill; or The documentation of residency required by the receiving school. 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 applicable, the IEP or Section 504 Plan; Immunization records; If applicable, a blood lead testing certificate; A birth certificate or other proof of age; and Health records that are educationally relevant. 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. In this regulation, the following terms have the meanings indicated. Terms Defined. “General education decisions” means decisions involving nonspecial education services, including, but not limited to: Field trip authorization; Parent-teacher conferences; Signing report cards; Guidance office matters; Choice of academic programs and courses; Career program choices; Testing authorization; Special programs authorization, for example, for sex education or armed forces recruiting; Choice of magnet school or other nonzoned schools; School health-related decisions; School discipline; Sports and other extracurricular participation; and Parental options under No Child Left Behind. “Parent surrogate” has the meaning stated in Education Article, §8-412(a)(6), Annotated Code of Maryland. “Special education decisions” means all decisions relating to identification, evaluation, educational placement, or discipline of a child with a disability as defined in Education Article, §8-401, Annotated Code of Maryland. General Education Decision Making. The persons authorized to make general education decisions are: A natural parent, if the natural parent retains educational decision-making authority; or The placement agency caseworker, or person designated by the caseworker, such as: A parent, as defined in Regulation .02B(6) of this chapter; An education guardian; A formal kinship care provider; A residential child care program representative; or A treatment foster care caseworker. Within 10 days of enrollment in school of the child in State-supervised care, the placement agency caseworker with care and custody of the child shall identify and provide contact information to the receiving school concerning which person listed in §B(1) of this regulation is: The primary decision maker for general education decisions; and The secondary decision maker if the primary decision maker is unavailable. The local school system shall maintain in the student's school record the information provided §B of this regulation. Special Education Decision Making. The persons authorized to make special education decisions is the parent surrogate or the parent as defined in Regulation .02B(6) of this chapter. The local superintendent shall appoint a parent surrogate in compliance with the requirements and timelines set forth in Education Article, §8-412, Annotated Code of Maryland. The local school system shall maintain all parent surrogate documentation in the student record. 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 requirements for filing a request for dispute resolution; A deadline for the filing of the request; and Reasonable time frames for completion of the other aspects of the dispute resolution process. 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 local board has provided notice to: Principals, teachers, and other school personnel in the school system of the requirements set forth in this chapter; Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights set forth in this chapter; and Other interested parties of the requirements and rights set forth in this chapter; and The local board is in compliance with the requirements of this chapter. 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: “Child welfare agency” means local department of social services or Department of Juvenile Services. “Enroll” and “enrollment” means attending classes and participating fully in school activities. Foster Child. “Foster child” means a child in the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services; “Foster child” does not include a child awaiting foster care placement as defined in COMAR 13A.05.09.02B or a child in any of the following placements: A detention facility; A forestry camp; A training school; A State-owned and State-operated facility that accommodates more than 25 children; or Any other facility operated primarily for the detention of children who are determined to be delinquent. “Receiving school” means the school serving the geographic attendance area where the child welfare agency has placed the foster child. “Receiving school system” means the local school system serving the jurisdiction where the child welfare agency has placed the foster child. “School of origin” means the school the foster child attended prior to the most recent change in placement by the child welfare agency. “School system of origin” means the local school system serving the jurisdiction where the school of origin is located. 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. If the foster child remains enrolled in the school of origin, the receiving school system shall provide transportation for the foster child to attend the school of origin based on a written agreement with the child welfare agency for reimbursement of the transportation costs, unless the child welfare agency decides that it will provide the transportation. The receiving local school system shall provide the child welfare agency with documentation of transportation reimbursement rates. Section H(1) of this regulation may not: Preclude the child welfare agency from making its own transportation arrangements, including arrangements with the school system of origin if it is different than the receiving school system; or Excuse the child welfare agency from its obligation to provide transportation to the foster child in the absence of an agreement with the receiving school system. Fostering Connections Liaison. Each local school system shall designate an individual as the Fostering Connections liaison. The Fostering Connections liaison for the school system of origin shall consult with the child welfare agency about whether it is in the best interests of the foster child to continue the child's education at the school of origin. The Fostering Connections liaison for the local school system where the foster child will attend school after a change in placement and best interests determination shall: Coordinate with the child welfare agency regarding enrollment; If the foster child transfers schools, facilitate the transfer of the child’s educational records from the school of origin to the receiving school; and Communicate with the child welfare agency regarding the foster child’s attendance and performance at school. If the child welfare agency arranges transportation with the receiving school system, the Fostering Connections liaison for the receiving school system will serve as the initial school system contact to help facilitate transportation arrangements. The Fostering Connections liason for each local school system shall communicate the educational stability requirements of the Fostering Connections to Success and Increasing Adoptions Act of 2008 to appropriate school personnel. The Fostering Connections liaison may be the same individual who serves as the homeless education coordinator for the local school system. Education Article, §§2-205, 2-206, 4-122, 7-101, and 8-501—8-506, Annotated Code of Maryland Effective date: August 28, 2006 (33:17 Md. R. 1437) Regulation .02B amended effective June 2, 2008 (35:11 Md. R. 1042) Regulation .03-1 adopted effective June 2, 2008 (35:11 Md. R. 1042) Regulation .03-1 amended effective February 18, 2013 (40:3 Md. R. 219) Regulation .03-2 adopted effective June 2, 2008 (35:11 Md. R. 1042) Regulation .03-3 adopted effective June 2, 2008 (35:11 Md. R. 1042) Regulation .03-4 adopted effective June 2, 2008 (35:11 Md. R. 1042) Regulation .06 adopted effective January 7, 2016 (42:26 Md. R. 1596)