Title 13A — Subtitle 09. Nonpublic Schools

Chapter 01. General Regulations

Regulation .01 Use of Names.Link Copy Citation

An individual, partnership, group, association, cooperative, or corporation may not use the name “preschool”, “school”, “institute”, or “academy” or word of like meaning, in such manner as to connote the offering of a high school, junior high or middle school, elementary school, kindergarten, nursery school program, or any combination thereof, unless the individual, partnership, group, association, cooperative, or corporation shall have first obtained a certificate of approval from the State Board of Education in the manner provided by the law.

This regulation does not apply to bona fide church organizations or to individuals or entities who offer or arrange for instruction solely for avocational purposes.

This regulation does not apply to a school or institution operated by the federal government or any state, county, or municipal agency or division of these.

Regulation .02 Repealed.Link Copy Citation

Regulation .03 Tentative Approval.Link Copy Citation

It shall be the policy of the State Board of Education to approve certain schools on a temporary basis for periods of 1 year or more pending final approval. This approval shall have the same force as full approval. The school will be under very close observation during this temporary period.

Chapter 02. Academic Schools

Repealed

Chapter 03. Standards for Nonpublic Nursery Schools and Kindergartens

Repealed

Chapter 04. Standards for Nonpublic Elementary Schools

Repealed

Chapter 05. Standards for Nonpublic Secondary Schools

Repealed

Chapter 06. Nonpublic Tutoring Schools

Repealed

Chapter 07. Standards for Nonpublic Schools for the Handicapped

Repealed

Chapter 08. Nursery School Programs and Kindergarten Programs Operating Within a Nonpublic Group Day Care Center

Repealed

Chapter 09. Educational Programs in Nonpublic Schools

Regulation .01 Purpose and Scope.Link Copy Citation

This chapter is established for issuing a Certificate of Approval by the State Board to a legal authority, excluding the federal government or any State, county, or municipal agency or division of these, to operate an educational program in a nonpublic kindergarten, elementary school, and secondary school.

A school, except a school operated by a bona fide church organization, may not operate without a Certificate of Approval from the State Board.

School Operated by a Bona Fide Church Organization.

(1)

A bona fide church organization that chooses to operate a school as exempt from the requirement to hold a Certificate of Approval shall provide to the Department the following:

(a)

A completed church exempt registration form; and

(b)

Documentation that establishes the legal existence of the bona fide church organization.

(2)

A bona fide church organization that chooses to apply for a Certificate of Approval from the State Board to operate a school shall apply for approval of the entire educational program of the school, including any consecutive sequence of nursery school, kindergarten, grades 1—12, or all of these.

Distance Learning. A school that uses distance learning for any part of or the entire educational program shall comply with the requirements of this chapter.

This chapter does not apply to:

(1)

A school or educational program that is governed and operated by the federal government or any State, county, or municipal agency or division of these;

(2)

A school or educational program that is governed and operated by a bona fide church organization that registers the operation of the school as exempt from the requirement to hold a Certificate of Approval;

(3)

Apprenticeship and on-the-job training programs that are subject to the approval of the Apprenticeship and Training Council;

(4)

Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits;

(5)

Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools;

(6)

Individuals or entities that supervise home instruction provided by the parent or guardian of a child;

(7)

Individuals or entities that operate a small center licensed by the Department;

(8)

Individuals or entities that operate a family day care home registered with the Department;

(9)

Individuals or entities that operate a Department licensed school age center that offers before school or after school child care, or both of these;

(10)

Individuals or entities that operate a Department licensed child care center except for such an individual or entity that chooses to operate an educational program in conjunction with the child care center;

(11)

Individuals or entities that offer a program for children younger than 3 years old; or

(12)

Individuals or entities that plan to offer special education.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Annual report” means the report a legal authority of a school is required to file each year with the Department by which the chief officer of the legal authority certifies the status of the compliance of the school with the requirements of this chapter.

(2)

“Certificate of Approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if a school has met the requirements of this chapter.

(3)

“Child care center” means a facility that holds a current child care center license issued by the Department.

(4)

“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.

(5)

“Department” means the Maryland State Department of Education.

(6)

“Educational program” means an organized program of instruction in English, language arts, mathematics, science, social studies, and, as applicable, courses for which secondary school credit is granted, and Montessori areas of instruction, provided by teachers to students enrolled in any consecutive sequence of kindergarten, or grades 1—12, or all of these.

(7)

“Elementary school” means an educational program for students in any grade or consecutive sequence of grades 1—8.

(8)

“Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.

(9)

“Kindergarten” means an educational program for students who meet the age of eligibility date for enrollment in kindergarten in compliance with Regulation .10C(3) of this chapter.

(10)

“Legal authority” means the nonpublic entity registered as active with the Maryland Department of Assessments and Taxation that is responsible for governing and operating a school.

(11)

“Montessori” means an educational program based on the educational philosophy of Dr. Maria Montessori that is validated by a Department-recognized Montessori validating organization that considers, at a minimum, the elements of teacher qualifications, written curriculum, instructional methods, and materials.

(12)

“School” means an educational program that is provided for an organized group of students, at least two of whom do not have the same parents or legal guardians and at least two of whom are not being instructed on a regular daily basis by the students' parents or legal guardians, that is governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency or division of these.

(13)

“School day” means the period of time when a school is regularly scheduled to be open for students who are required to be in attendance for an educational program.

(14)

“Secondary school” means an educational program for students in grade 9, 10, or 11, or in any consecutive sequence of grades 9—12.

(15)

“State Board” means the Maryland State Board of Education.

(16)

“Student” means an individual to whom a teacher provides instruction.

(17)

“Teacher” means an individual who provides instruction to students in a class in an educational program as defined in §B(6) of this regulation and who meets the requirements of Regulation .06B of this chapter.

Regulation .03 Certificate of Approval for the Educational Program.Link Copy Citation

The legal authority applying for a Certificate of Approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter. The information shall be submitted in accordance with time lines established by the Department.

A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the requirements of this chapter have been met.

A Certificate of Approval shall be limited to the following specifications recorded on it:

(1)

Name of the school;

(2)

Location of the school;

(3)

The legal authority responsible for governing and operating the school; and

(4)

Classification of the educational program to include one or a consecutive sequence of the following:

(a)

Kindergarten;

(b)

Elementary school with the grade or grades specified;

(c)

Secondary school with the grade or grades specified; and

(d)

Montessori.

A legal authority shall operate a school in a manner that is consistent with the specifications recorded on the Certificate of Approval issued by the State Board to the legal authority to operate the school.

A legal authority shall post the Certificate of Approval of the school in a conspicuous place on the premises to which it applies.

If a legal authority intends to change to the specifications recorded on its Certificate of Approval, the legal authority shall:

(1)

Notify the Department in writing at least 60 days before the occurrence of any change or changes;

(2)

Furnish such information as the State Board considers necessary to approve the change or changes planned by the legal authority; and

(3)

Certify compliance with this chapter on forms provided by the Department.

A legal authority may not seek approval of a change in the specifications recorded on the Certificate of Approval of a school under any one or combination of the following circumstances:

(1)

The school demonstrates an area or areas of noncompliance;

(2)

The school has not filed its annual report with the Department;

(3)

The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or

(4)

The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.

Notwithstanding the requirement established in §G of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.

A legal authority may not implement a change under §F of this regulation until the State Board has issued a Certificate of Approval reflecting the change.

A legal authority may not sell, transfer, pledge, or alter a Certificate of Approval.

A legal authority shall inform the Department in writing at least 30 days before it ceases operating an educational program.

A Certificate of Approval becomes void if the legal authority:

(1)

Ceases operating the educational program;

(2)

Is ordered by the State Board to cease operating the educational program and does not appeal that decision; or

(3)

Is ordered by the State Board to cease operating the educational program and that decision is upheld through the administrative review process.

The legal authority of a school that has ceased operating shall return the Certificate of Approval of the school to the Department.

Montessori.

(1)

Effective September 1, 2009, any new Montessori educational program shall submit a validating document from a Department-recognized Montessori validating organization.

(2)

Any Montessori educational program holding a Certificate of Approval issued prior to September 1, 2009 shall submit a validating document from a Department-recognized validating organization by July 1, 2015 in order to maintain the Montessori program recognition.

Regulation .04 Compliance.Link Copy Citation

A legal authority shall comply with this chapter as the condition for maintaining a Certificate of Approval issued by the State Board.

The chief officer of the legal authority of a school shall provide all certifications and other documentation required by this chapter.

Annual Report. Each year the chief officer of the legal authority of a school shall certify the status of the compliance of the school with this chapter by submitting the completed annual report provided by the Department.

Open for Inspection. A school shall be open for inspection by the State Superintendent of Schools or designee for the following reasons:

(1)

To verify compliance with this chapter for the purpose of initial issuance of a Certificate of Approval;

(2)

To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter;

(3)

To determine compliance with this chapter if the Department considers it necessary and appropriate by virtue of specific circumstances; and

(4)

To implement procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.

Notice of Noncompliance. If a school does not demonstrate compliance with the requirements of this chapter, the Department shall provide written notice of the school's noncompliance to its legal authority. The notice of noncompliance shall contain the following information:

(1)

The regulation or regulations with which the school does not demonstrate compliance;

(2)

The fact or facts that demonstrate the school's noncompliance with each regulation;

(3)

The action or actions the school is required to take to demonstrate compliance with each regulation; and

(4)

The date by which the school is required to demonstrate compliance with each regulation.

Notice of Continuing Noncompliance. When the Department has sent the legal authority of a school a notice of noncompliance pursuant to §E of this regulation and the school fails to comply with §E(3) and (4) of this regulation, the Department shall provide written notice of the school's continuing noncompliance to its legal authority. The written notice of continuing noncompliance shall contain the following information:

(1)

The regulation or regulations with which the school continues to fail to demonstrate compliance;

(2)

The fact or facts that demonstrate the school's continuing noncompliance with each regulation;

(3)

The action or actions the school is required to take to demonstrate compliance with each regulation;

(4)

The date by which the school was required to demonstrate compliance as specified in the notice of noncompliance; and

(5)

A statement that continuing failure of the school to demonstrate compliance may result in the Department taking one or more of the following actions on or after a specified date:

(a)

Publication of the noncompliance of the school on the website of the Department;

(b)

Publication of the noncompliance of the school in newspapers of general circulation; or

(c)

Implementation of Procedures and Sanctions for Noncompliance established in Regulation .12 of this chapter.

A legal authority that holds a Certificate of Approval to operate a school may not apply for a Certificate of Approval to operate another school if the school for which the legal authority currently holds a Certificate of Approval is not in compliance with this chapter.

Nondiscrimination. The chief officer of the legal authority shall certify on the form provided by the Department that it does not practice discrimination based upon race, color, or national origin as specified in Education Article, §2-206(e)(3), Annotated Code of Maryland.

Criminal Background Check. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for a criminal background check as specified in Family Law Article, Title 5, and Education Article, §2-206.1, Annotated Code of Maryland.

Child Abuse Reporting. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for reporting suspected child abuse as specified in Family Law Article, Title 5, Annotated Code of Maryland.

Regulation .05 Statement of Purposes.Link Copy Citation

A school shall have a written statement of purposes.

A school shall give annually to the parents or legal guardians of prospective and enrolled students a copy of its written statement of purposes.

Regulation .06 Personnel Requirements.Link Copy Citation

Administrative Head.

(1)

A school shall have an administrative head at the school who is responsible for the day to day administration of the school.

(2)

An individual hired as the administrative head of a school on or after June 1, 2004 at a minimum shall meet the standards established in §B(2)(a) of this regulation.

(3)

A school shall have a written position description that states the duties and responsibilities of the administrative head of the school.

(4)

The administrative head of a school shall have sufficient time during each school day to carry out the duties and responsibilities stated in the written position description of the administrative head of the school.

Teachers.

(1)

A school shall have a teacher to implement the educational program in each class.

(2)

A teacher, regardless of whether the employment status of the teacher is full-time, part-time, paid, volunteer, or substitute, shall meet the requirements of this regulation.

(3)

A teacher who provides instruction in English language arts, mathematics, science, social studies, and courses for which secondary school credit is granted, shall hold, at a minimum, one of the following credentials:

(a)

A bachelor's degree from an IHE;

(b)

120 semester hours of college credit from an IHE; or

(c)

A bachelor's degree equivalent as determined by an independent agency authorized to evaluate foreign credentials that is designated by the Department.

(4)

An individual who provides assistance to a teacher in a class is not required to meet the requirement of §B(2) of this regulation.

Written Statement of Teacher Qualifications.

(1)

A school shall maintain a written statement of the qualifications of each teacher who implements the educational program.

(2)

A school shall give annually to the parents or legal guardians of prospective and enrolled students its written statement of the qualifications of each teacher who implements the educational program.

Regulation .07 Educational Program.Link Copy Citation

Program.

(1)

The educational program of a school shall operate consistently with its statement of purposes.

(2)

Based on the classification specified on the Certificate of Approval of a school, a school shall maintain at the school a written curriculum of its educational program for the following areas of instruction:

(a)

English, language arts, mathematics, science, and social studies for kindergarten and each grade; and

(b)

Secondary school courses for which credit is issued.

(3)

A school shall implement its written curriculum as specified in §A(2) of this regulation.

Instructional Materials and Equipment.

(1)

A school shall maintain at the school instructional materials and equipment required to implement the written curriculum of the school as specified in §A(2) of this regulation.

(2)

A school shall own the instructional materials and equipment required to implement the written curriculum of the school.

Library Media Collection.

(1)

A school shall maintain at the school a library media collection to support and supplement the implementation of the written curriculum of the school as specified in §A(2) of this regulation.

(2)

A school shall own the library media collection required to support and supplement the implementation of the written curriculum of the school.

Ratio of Students to Teachers or Average Class Size.

(1)

A school shall have a written statement of its ratio of students to teachers or its average class size for the implementation of its educational program.

(2)

A school shall give annually to parents or legal guardians of prospective and enrolled students the written statement of its ratio of students to teachers or average class size.

Regulation .08 Student Records for Kindergartens and Elementary Schools.Link Copy Citation

A school shall maintain a cumulative record for each student enrolled.

Each student record shall include the following:

(1)

School's name;

(2)

School's location address;

(3)

School's telephone number;

(4)

Student's first, middle, and last names;

(5)

Student's month, day, and year of birth;

(6)

Student's home address;

(7)

Month, day, and year the student initially entered;

(8)

Grade upon enrollment;

(9)

Month, day, and year the student withdrew;

(10)

Student's performance information in each curricular area;

(11)

Code for the meaning of performance information; and

(12)

Number of days of attendance in each school year.

Regulation .09 Requirements for Secondary Schools.Link Copy Citation

Credits Required for Graduation.

(1)

Beginning with the 2004—2005 school year and thereafter, a student entering grade 9 shall earn a minimum of 21 credits for secondary school graduation.

(2)

A school shall require 12 credits as follows:

(a)

Four credits in English language arts;

(b)

Two credits in social studies to include at least one credit in U. S. History; and

(c)

Six credits in science and mathematics to include at least two science credits and two mathematics credits.

(3)

A school shall require nine additional credits in accordance with its written policy regarding graduation requirements.

Written Policy Regarding Credits Required for Graduation.

(1)

A secondary school shall have a written policy regarding the credits required for secondary school graduation.

(2)

A secondary school shall give annually to parents or legal guardians of prospective and enrolled students its written policy regarding the credits required for secondary school graduation.

Definition of a Unit of Credit.

(1)

A secondary school shall have a written statement that defines a unit of credit and any partial unit of credit granted by the school.

(2)

A secondary school shall give annually to parents or legal guardians of prospective and enrolled students its written statement that defines a unit of credit and any partial unit of credit granted by the school.

Transcript.

(1)

A secondary school shall be prepared to present as a separate document a transcript of the secondary school record of each student for each year of enrollment that includes the following:

(a)

School's name;

(b)

School's location address;

(c)

School's telephone number;

(d)

Student's first, middle, and last names;

(e)

Student's month, day, and year of birth;

(f)

Student's home address;

(g)

Credits and grades earned in each subject area;

(h)

Code for the meaning of the grading system;

(i)

Designation of transfer credits accepted by the school and name of the school originally granting each credit;

(j)

Month, day, and year the student initially entered;

(k)

Grade upon enrollment;

(l)

Month, day, and year the student withdrew or graduated; and

(m)

Number of days of attendance in each school year.

(2)

A secondary school shall maintain permanently the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.

(3)

Before a secondary school ceases operation, the legal authority of the school shall file with the Department, in alphabetical order, the original or a legible copy of the secondary school transcript for each student who has been enrolled in the school.

Diploma. The diploma of a secondary school may not imply that the requirements for graduation from a Maryland public secondary school have been met.

Regulation .10 Administrative Practices.Link Copy Citation

Schedule of the School Day.

(1)

A school shall have a written schedule that states the beginning and end of the school day and the specific time periods during the school day when the required areas of instruction are implemented.

(2)

A school shall give annually to parents or legal guardians of prospective and enrolled students the written schedule of its school day.

Calendar of the School Year.

(1)

A school shall have a written calendar that states the specific days and the total number of days for the implementation of its educational program.

(2)

The calendar for a kindergarten, elementary school, or secondary school shall provide for at least 170 days for the implementation of the educational program.

(3)

When a student enrolls and annually thereafter, a school shall give its written school year calendar to parents or legal guardians of each student.

(4)

A school shall include 3 to 5 additional school days, based on local weather patterns, in its school year calendar to ensure that the 170-day school year requirement is met.

Admissions.

(1)

A school shall have a written policy regarding the criteria for admission to the school that at a minimum shall be consistent with §C(3) of this regulation, as applicable.

(2)

A school shall give to parents or legal guardians of prospective students its written policy regarding the criteria for admission to the school.

(3)

Kindergarten.

(a)

A child shall be 5 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a kindergarten program approved under this chapter.

(b)

A school may adopt policies and procedures permitting a 4-year-old child to be admitted to kindergarten, upon request by the parent or guardian, if the school determines that the child demonstrates capabilities warranting early admission.

Public Relations Information. The public relations information of a school, by whatever means provided, shall be accurate and may not be erroneous or misleading, either by actual statement, omission, or reasonable inference.

Regulation .11 Health, Fire Safety, and Zoning.Link Copy Citation

Health, Fire Safety, and Zoning Approvals. A school shall obtain and maintain documentation verifying compliance with health, fire safety, and zoning regulations applicable to a nonpublic school as follows:

(1)

Before issuance of a Certificate of Approval, a legal authority shall submit written documentation to the Department on Department forms verifying that the location and facility where the educational program will be provided are in compliance with health, fire safety, and zoning regulations applicable to a nonpublic school;

(2)

A school shall maintain the most current documentation verifying that the location and facility where the educational program is provided are in compliance with health, fire safety, and zoning regulations applicable to a nonpublic school.

Living Space of a Private Residence. A school may not be approved to operate in the living space of a private residence.

Regulation .12 Procedures and Sanctions for Noncompliance.Link Copy Citation

If a school has serious areas of noncompliance or demonstrates a pattern of noncompliance with the conditions or standards on which the Certificate of Approval was based, the Department may place the school on intensive monitoring, which may include:

(1)

Announced and unannounced site visits;

(2)

Monitoring at the Department; or

(3)

Requests for documentation pertaining to requirements under this chapter.

Following placement on intensive monitoring, if a school continues to fail to meet the conditions or standards on which its Certificate of Approval was based, the State Board shall give the legal authority written notice of the deficiencies and order the legal authority to correct the deficiencies of the school within a period of not less than 30 calendar days.

Deficiencies; Hearings and Appeal Process.

(1)

A legal authority may request a hearing to challenge the notice of deficiencies if the legal authority files a written request with the State Board within 20 calendar days of receipt of the notice.

(2)

If a legal authority requests a hearing, the legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.

(3)

If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with Regulation .12E of this chapter.

(4)

Following a hearing, if the State Board finds that the conditions or standards on which the Certificate of Approval was based are not met, the State Board may issue an order to the legal authority to cease operating the educational program.

(5)

If a legal authority does not request a hearing and fails to correct the specified deficiencies of the school within the period set by the State Board, the State Board may issue an order to the legal authority to cease operating the educational program.

Revocation; Hearing and Appeal Process.

(1)

The State Board shall revoke the Certificate of Approval of a nonpublic school that knowingly hires or retains an individual in violation of Education Article, §2-206.1, Annotated Code of Maryland.

(2)

Before revoking a school's Certificate of Approval, the State Board shall notify the legal authority of the school of the charges, and advise the legal authority of the right to request a hearing within 20 calendar days following receipt of the charges.

(3)

If the legal authority does not request a hearing, the State Board shall issue an order to the legal authority to cease operating the educational program.

(4)

If the legal authority requests a hearing before the State Board, the legal authority shall include the reasons for the request and any evidence that supports it.

(5)

The legal authority and the Department shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.

(6)

Office of Administrative Hearings.

(1)

The hearing procedures for appeals referred by the State Board to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.

(2)

The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.

(3)

The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties.

Exceptions.

(1)

A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 10 calendar days of receipt of the findings. A party may respond to the exceptions within 10 calendar days of receipt of the exceptions.

(2)

If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 15 minutes per side.

Final Decision. The State Board shall make the final decision in all cases dealing with the revocation of a Certificate of Approval. The final decision shall be in writing and contain findings of fact and conclusions of law.

The legal authority of a school has the right to judicial review of a State Board determination under this regulation as provided by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.

Regulation .13 Schools Serving Students with Special Education Needs.Link Copy Citation

Regulations for schools offering special education are found in COMAR 13A.09.10.

Chapter 10. Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities

Regulation .01 Purpose and Scope.Link Copy Citation

This chapter is established to set standards for issuing an approval document by the State Board of Education to an entity, excluding the federal government or any State, county, or municipal agency, or division of these, which is responsible for governing and operating a school that provides a Type I, Type II, or Type III educational program, or any combination of these, as defined in this chapter, in a facility licensed by a unit of State government to provide treatment or care, or both.

This chapter also applies to educational programs that provide special education to children placed in a nonpublic school in accordance with Education Article, §8-406, Annotated Code of Maryland.

This chapter does not apply to a school or educational program that offers an organized program of instruction in a trade that requires licensure of its practitioners.

Regulation .02 Definitions.Link Copy Citation

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

Terms Defined.

(1)

“Adult basic education” means an educational program provided by a teacher to qualified students who do not meet the pre-GED program entry criteria and for whom it is anticipated that entry into a GED TESTS preparation program will be the appropriate means for earning a high school diploma.

(2)

“ALT-MSA” means assessments designed to measure the performance of students with the most significant cognitive disabilities who are unable to participate in the general education assessments used by the local school systems, even with accommodations, as determined by the IEP team of the student.

(3)

(4)

“Approval document” means a Letter of Tentative Approval or a Certificate of Approval issued by the State Board to a legal authority responsible for the governance and operation of an educational program.

(5)

“Career development educational program” means an organized program of instruction consisting of a sequence of noncredit courses with an industry focus that prepares students for career opportunities and is provided by a teacher to students in a school that holds an approval document authorizing operation of a pre-GED program or a GED TESTS program or both.

(6)

“Certificate of Approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if a school has demonstrated a pattern of compliance with the requirements of this chapter.

(7)

“Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of the educational program.

(8)

“Department” means the Maryland State Department of Education.

(9)

“Diagnostic-prescriptive educational program” means an educational program that is implemented by a teacher who provides a comprehensive assessment of a student's strengths and weaknesses and a specific plan for amelioration of assessed weaknesses.

(10)

Educational Program.

(a)

“Educational program” means any one or combination of two or more of the following:

(i)

An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students enrolled in nursery school, kindergarten, grades 1—12, or any consecutive sequence of these;

(ii)

An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students in an adult basic education program;

(iii)

An organized program of instruction that is provided by a teacher to students in a pre-GED program;

(iv)

An organized program of instruction that is provided by a teacher to students in a GED TESTS preparation program;

(v)

An organized program of instruction that is provided by a teacher to students in a career development educational program;

(vi)

An organized program of instruction that is provided by a teacher to students in a technology educational program;

(vii)

An organized program of instruction continuing implementation of the public school program that is provided by a teacher to students and implemented for an average of 60 school days or fewer;

(viii)

An organized program of special education that is provided by a teacher and related services providers to students based on the individualized education program of each student; or

(ix)

An organized diagnostic-prescriptive educational program.

(b)

“Educational program” does not mean an organized program of instruction in a trade that requires licensure of its practitioners.

(11)

“Elementary school” means an educational program that is provided by a teacher to students in any grade or consecutive sequence of kindergarten and grades 1—8, consisting of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.

(12)

“Full day special education and related services” means a special education program and related services that are provided by a teacher and a related services provider to students whose IEPs require that the entire school day be in a special education program that meets the special education standards established in this chapter.

(13)

“General educational development test preparation program (GED TESTS)” means an educational program that:

(a)

Is provided by a teacher to students; and

(b)

Prepares students to take the GED TESTS for the purpose of earning a Maryland high school diploma issued by the State Board.

(14)

“Individualized education program (IEP)” means a written description of the educational program for a student with a disability that is developed, reviewed, and revised in accordance with COMAR 13A.05.01.

(15)

“Individualized education program team (IEP team)” means a group of individuals responsible for:

(a)

Identifying and evaluating students with disabilities in accordance with COMAR 13A.05.01;

(b)

Developing, reviewing, or revising an IEP for a student with a disability in accordance with COMAR 13A.05.01; and

(c)

Determining the placement of a student with a disability in the least restrictive environment in accordance with COMAR 13A.05.01.

(16)

“Institution of Higher Education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.

(17)

“Intensive monitoring” means frequent monitoring of a school by the Department that occurs if the Department determines that a school has demonstrated serious, uncorrected areas of noncompliance with this chapter, or ongoing noncompliance with this chapter, or both.

(18)

“Kindergarten” means an educational program that:

(a)

Is provided by a teacher to students who meet the age of eligibility date for enrollment in kindergarten established in Regulation .09D of this chapter; and

(b)

Consists of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.

(19)

“Legal authority” means a nonpublic entity, officially registered as active with the Maryland Department of Assessments and Taxation, that is responsible for governing and operating the school.

(20)

“Letter of Tentative Approval” means an initial approval document issued by the Department that authorizes the legal authority to begin operation of a school.

(21)

“Local school system” means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities.

(22)

“Maryland High School Certificate of Program Completion” has the meaning stated in COMAR 13A.03.02.

(23)

“Nongraded educational program” means a program of special education and related services that is provided by a teacher to students for whom the instruction requires extensive and substantial modification.

(24)

“Nursery school” means an educational program that is provided by a teacher to students who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.

(25)

“Parent” has the meaning stated in COMAR 13A.05.01.

(26)

“Partial day special education and related services” means an educational program that is provided by a teacher to students who are enrolled in a general education program and whose IEPs require that the students be enrolled in a special education program for less than the entire school day.

(27)

“Personal education plan (PEP)” means a written description of a student's general education program and includes an IEP for an identified student with a disability or disabilities.

(28)

“Pregeneral educational development (pre-GED) program” means an educational program that is provided by a teacher to qualified students:

(a)

Who do not meet the GED TESTS program entry criteria; and

(b)

For whom it is expected that entry into a GED TESTS preparation program will be the appropriate means for earning a Maryland high school diploma issued by the State Board.

(29)

“Related services” has the meaning stated in COMAR 13A.05.01.

(30)

“Residential special education and related services” means an educational program of special education and related services that is provided by a teacher and other staff to students whose IEPs require that the entire 24-hour day be in a special education program.

(31)

“Responsible local school system” means:

(a)

The local school system that referred a student for placement in a school providing a special education program; or

(b)

In the absence of a local school system referral, the service providing local education agency as defined in Education Article, §4-122, Annotated Code of Maryland.

(32)

“School” means an educational program that is:

(a)

Provided by a teacher to an organized group of students, at least two of whom do not have the same parent and at least two of whom are not being instructed on a regular daily basis by the student's parent; and

(b)

Governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency, or any division of these.

(33)

“School day” means the period of time when a school is regularly scheduled to be open for students who are required to be in attendance for an educational program.

(34)

“Secondary school” means an educational program that:

(a)

Is provided by a teacher to students in any one or consecutive sequence of grades 9—12;

(b)

Consists of instruction in English language arts, mathematics, science, social studies, and other curricular areas required for earning a secondary school diploma.

(35)

“Secondary school credit” means the credit:

(a)

That is issued by a secondary school upon successful completion of all course work requirements; and

(b)

Whose validity is comparable to the credit issued by a Maryland public high school.

(36)

“Secondary school diploma” means the document:

(a)

That is issued by a secondary school upon successful completion of all graduation requirements as described in these regulations; and

(b)

Whose validity is the same as a Maryland high school diploma.

(37)

“Special education” has the meaning stated in COMAR 13A.05.01.

(38)

“State Board” means the Maryland State Board of Education.

(39)

“Student” means an individual 2 through 21 years old who is enrolled in an educational program and who has not earned a nonpublic secondary school diploma, or a diploma or certificate as specified in COMAR 13A.03.02.

(40)

“Student with a disability” has the meaning stated in COMAR 13A.05.01.

(41)

“Teacher” means an individual, employed by a school, who provides instruction to students and meets the requirements for a teacher as described in this chapter.

(42)

“Technology educational program” means an organized program of instruction that consists of a sequence of noncredit courses with an industry focus that:

(a)

Provides students with instruction in the evolution, systems, techniques, utilization, and social and cultural significance of technology; and

(b)

Is provided by a teacher to students in a school holding an approval document authorizing operation of a pre-GED program or GED TESTS preparation program, or both.

Regulation .03 Approval Documents for the Educational Program.Link Copy Citation

Application for Approval.

(1)

The legal authority applying for approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter.

(2)

The information shall be submitted in accordance with time lines established by the Department.

A Letter of Tentative Approval, whose validity period may not exceed 3 years, shall be issued to the legal authority to begin operation of a school when the Department is satisfied that the school has met the requirements of this chapter.

A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the school has demonstrated ongoing compliance with this chapter within a period of time not to exceed the first 3 years of operation.

The approval document is limited to the following specifications as recorded on it:

(1)

Name of the school;

(2)

Location of the school;

(3)

Name of the legal authority; and

(4)

Classification of the educational program to include:

(a)

Type I, or Type II general or special education program, or both, to include one or more of the following:

(i)

Nursery school with ages specified;

(ii)

Kindergarten;

(iii)

Elementary school with grades specified;

(iv)

Secondary school with grades specified;

(v)

Adult basic education program;

(vi)

Pre-GED program;

(vii)

GED TESTS preparation program;

(viii)

Career development educational program;

(ix)

Technology educational program;

(b)

Special education and related services that include one or a combination of the following:

(i)

Full-day special education and related services;

(ii)

Partial-day special education and related services;

(iii)

Residential special education and related services;

(iv)

Disability or disabilities of students;

(v)

Nursery school with ages specified;

(vi)

Kindergarten;

(vii)

Elementary school with grades specified;

(viii)

Secondary school with grades specified;

(ix)

Nongraded educational program to include the ages of the students enrolled;

(c)

Type III general education program to include one or more of the following:

(i)

Nursery school with ages specified;

(ii)

Kindergarten or grades 1—12, or any consecutive sequence of these that continue implementation of a student's public school program;

(iii)

Diagnostic-prescriptive educational program;

(iv)

Pre-GED program; or

(v)

GED TESTS preparation program.

A legal authority shall operate a school in a manner that is consistent with the specifications as recorded on the Letter of Tentative Approval or Certificate of Approval issued to the legal authority.

A legal authority may not assign, transfer, or alter its approval document without the approval of the State Board.

A school shall post its approval document in a conspicuous place on the premises to which it applies.

If a legal authority is planning a change in operation that is inconsistent with the specifications recorded on its approval document, the legal authority shall:

(1)

Notify the Department in writing at least 60 calendar days before the intended change to the specifications recorded on its approval document;

(2)

Furnish information that the State Board considers necessary to approve the change planned by the legal authority; and

(3)

Certify compliance with this chapter on forms provided by the Department.

A legal authority may not implement a change in operation of the school under §D of this regulation until the State Board has issued an approval document reflecting the change.

A legal authority may not seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school under any one or a combination of the following circumstances:

(1)

The school demonstrates an area or areas of noncompliance;

(2)

The school has not filed its annual report with the Department;

(3)

The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or

(4)

The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .05 of this chapter.

Notwithstanding the requirement established in §J of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.

A legal authority shall inform the Department in writing at least 30 calendar days before the educational program ceases operating.

The approval document of a school is void if the legal authority:

(1)

Ceases operating the educational program;

(2)

Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and the legal authority does not appeal that order;

(3)

Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and that decision is upheld through the judicial review process; or

(4)

Is not registered as active with the Maryland Department of Assessments and Taxation.

Regulation .04 Compliance.Link Copy Citation

A legal authority shall comply with this chapter as the condition for maintaining an approval document issued by the State Board.

Annual Report. A legal authority shall certify compliance with this chapter on the annual report form provided by the Department. A legal authority shall file this annual form with the Department according to the date determined by the Department.

Open for Inspection. A school shall be open for inspection by the State Superintendent of Schools or designee for the following reasons:

(1)

To determine compliance with this chapter for the purpose of initial issuance of an approval document;

(2)

To monitor a school's ongoing compliance with this chapter;

(3)

To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter;

(4)

To determine compliance with this chapter if the Department considers it necessary and appropriate because of specific circumstances; and

(5)

To conduct intensive monitoring of a school.

Regulation .05 Procedures and Sanctions for Noncompliance.Link Copy Citation

If a school has serious areas of noncompliance or demonstrates a pattern of noncompliance with the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based, the Department may place the school on intensive monitoring, which shall include referral to the Department's Division of Special Education /Early Intervention Services for cessation of the State share of nonpublic tuition assistance under Education Article, §8-406, Annotated Code of Maryland, if appropriate, and may include:

(1)

Announced and unannounced site visits;

(2)

Monitoring at the Department; or

(3)

Requests for documentation pertaining to requirements under this chapter.

Procedures on Finding of Deficiencies.

(1)

Following placement on intensive monitoring, if a school continues to fail to meet the conditions or standards on which its Certificate of Approval or Letter of Tentative Approval was based, the State Board shall give the legal authority written notice of the deficiencies and order the legal authority to correct the deficiencies of the school within a period of not less than 30 calendar days.

(2)

A legal authority may request a hearing to challenge the notice of deficiencies if the legal authority files a written request with the State Board within 20 calendar days of receipt of the notice.

(3)

(4)

(5)

Following a hearing, if the State Board finds that the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based are not met, the State Board may issue an order to the legal authority to cease operating the educational program.

(6)

Revocation of Certificate of Approval or Letter of Tentative Approval.

(1)

The State Board shall revoke the Certificate of Approval or Letter of Tentative Approval of a nonpublic school that knowingly hires or retains an individual in violation of Education Article, §2-206.1, Annotated Code of Maryland.

(2)

Before revoking a school's Certificate of Approval or Letter of Tentative Approval, the State Board shall notify the legal authority of the charges and advise the legal authority of the right to request a hearing within 20 calendar days following receipt of the charges.

(3)

If the legal authority does not request a hearing, the State Board shall issue an order to the legal authority to cease operating the educational program.

(4)

If the legal authority requests a hearing before the State Board, the legal authority shall include the reasons for the request and any evidence that supports them.

(5)

(6)

Hearing Procedures.

(1)

The hearing procedures for appeals referred by the State Board to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §§10-201—10-226, Annotated Code of Maryland, and with COMAR 28.02.

(2)

The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.

(3)

(4)

(5)

(6)

The State Board shall make the final decision in all cases dealing with the revocation of a Certificate of Approval or Letter of Tentative Approval. The final decision shall be in writing and contain findings of fact and conclusions of law.

A school has the right to judicial review of a State Board determination under this regulation as provided by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.

Regulation .06 Certifications of Compliance.Link Copy Citation

The legal authority of a school shall certify that the school is in compliance with the requirements for:

(1)

A criminal background check as specified in Family Law Article, Title 5, Subtitle 5, and Education Article, §2-206.1, Annotated Code of Maryland;

(2)

Reporting suspected child abuse and neglect as specified in Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland; and

(3)

Nondiscrimination based on race, color, or national origin as specified in Education Article, §2-206(e)(3), Annotated Code of Maryland.

The legal authority shall certify compliance with §A(1)—(3) of this regulation on forms provided by the Department.

Regulation .07 Health, Fire Safety, and Zoning.Link Copy Citation

Before issuance of an approval document, a legal authority shall submit documentation on Department forms from the responsible approval or licensing authorities that verifies that the location and facilities to be used by the school are in compliance with applicable health, fire safety, and zoning regulations.

For continued approval, a school shall maintain valid documentation of compliance with applicable health, fire safety, and zoning regulations for the location and facilities used by the school.

A school that operates at a location licensed by another unit of State government to provide care or treatment, or both, shall meet the following requirements:

(1)

For initial approval, a legal authority shall submit a copy of the valid license issued by another unit of State government for the location and facilities to be used by the school; and

(2)

For continued approval, a school shall maintain a copy of the valid license issued by another unit of State government for the location and facilities used by the school.

A school that operates at a location other than the location licensed by another unit of State government to provide care or treatment, or both, shall meet the following requirements:

(1)

For initial approval, and as a condition of occupancy of a facility used by a school, a legal authority shall submit written documentation on Department forms from the responsible approval or licensing authorities that verifies that the location and facilities to be used by the school are in compliance with applicable health, fire safety, and zoning regulations; and

(2)

For continued approval, a school shall maintain valid documentation of compliance with applicable health, fire safety, and zoning regulations for the location and facilities used by the school.

Private Residence. A school may not be approved to operate in a private residence.

Regulation .08 Public Relations Information.Link Copy Citation

The public relations information of a school, by whatever means provided, shall be accurate, and may not be erroneous or misleading, by actual statement, omission, or inference.

Regulation .09 Type I Educational Program—General Requirements.Link Copy Citation

A Type I educational program is one or a combination of the following instructional programs provided by a school, on the grounds of the school, on a full-time basis to students who are enrolled in the instructional program of the school:

(1)

Nursery school, kindergarten, elementary school, secondary school, or a consecutive sequence of these;

(2)

Adult basic education;

(3)

Pre-GED program;

(4)

GED TESTS preparation program;

(5)

Career development educational program;

(6)

Technology educational program;

(7)

Special education and related services.

Description of the Educational Program.

(1)

A school shall have a written description of its educational program prepared as a single narrative that includes the following:

(a)

A statement of the purpose or goals toward which the educational program's efforts are directed;

(b)

The name of the legal authority;

(c)

Identifying information to include the name of the school, address of the school, and telephone number of the school;

(d)

Table of organization or organizational chart to include:

(i)

The name of the legal authority;

(ii)

The governing board of the educational program, if applicable;

(iii)

The specific structure and components of the educational program; and

(iv)

If applicable, any other program components governed and operated by the same legal authority at the same location;

(e)

Student enrollment capacity and characteristics, including age, gender, and disability, if applicable;

(f)

Educational program or programs provided;

(g)

Staff positions employed to implement the educational program, including related services staff and residential staff in special education programs as applicable; and

(h)

Description of the physical facilities used by the school.

(2)

A school's written description of its educational program shall be distributed to public agency placement officials.

Student-to-Teacher Ratio.

(1)

A teacher shall implement the educational program for each class.

(2)

With the exception of a full-day special education or residential special education program, a school may not assign more than ten students to one full-time certified teacher unless the Department approves a written justification that provides an educationally sound basis for the increased number.

(3)

With the exception of a full-day special education or residential special education program, a school shall assign a full-time aide to each class of students enrolled in a nursery school or kindergarten.

Admissions Criteria.

(1)

A school shall have a written statement of admissions criteria that includes, but is not limited to, the following components:

(a)

Age;

(b)

Gender;

(c)

Disability or disabilities, if applicable;

(d)

Academic performance levels;

(e)

Behavioral characteristics;

(f)

Behavior or other characteristics that would preclude admission; and

(g)

Grade or grades.

(2)

Kindergarten.

(a)

A child who will be 5 years old or older on September 1 is age eligible for enrollment in a kindergarten program.

(b)

A school may adopt policies and procedures permitting a 4-year-old child to be admitted to kindergarten, upon the request of the parent or guardian, if the school determines that the child demonstrates capabilities warranting early admission.

(3)

Admission of Students with an IEP in a General Education Program. A school shall maintain and implement policies and procedures for the admission of a student with special education needs into a general education program, as outlined in the Department's “Policies and Procedures for Educating a Student with an individualized education program (IEP) in a Type I or Type III Nonpublic General Education Program Approved under COMAR 13A.09.10”.

(4)

On an annual basis, a school shall distribute its written statement of the criteria for admission to the school to the placement unit of each agency placing a student in the educational program.

Regulation .10 Type I Educational Program—Student Records and PEP.Link Copy Citation

Student Records.

(1)

A school shall have on file the previous student record of each student enrolled who was previously enrolled in a public or nonpublic school.

(2)

Before enrolling a student, a school shall review the student record maintained by the school the student attended most recently to assist in determining the appropriate program placement or grade placement, or both, within the educational program.

(3)

If the previous student record of a student is not available before enrollment, a school shall document, within 5 school days of placement, at least two attempts to acquire the previous school record of each student.

(4)

A school shall maintain student record information on a standard form for each student, which includes all of the following:

(a)

School's name;

(b)

School's location address;

(c)

School's telephone number;

(d)

Student's first, middle, and last names;

(e)

Month, day, and year of student's birth;

(f)

Student's home address;

(g)

Month, day, and year student initially entered; and

(h)

Month, day, and year student withdrew.

(5)

A school shall maintain student record information in a standard format for each student, which includes all of the following:

(a)

Student's specific days of attendance;

(b)

Student's performance information based on the student's IEP, or grades in each curricular area, or both, as applicable;

(c)

Code for the meaning of the performance information, or grades, or both, as applicable;

(d)

Student's PEP or IEP, or both, as applicable; and

(e)

Student's grade placement.

(6)

A school shall give a copy of the complete student record of each student as specified in §A(4) and (5) of this regulation to the representative of the placing agency of each student upon discharge from the school.

Personal Education Plan (PEP).

(1)

A PEP shall be developed for each student who is enrolled in an educational program that is not a full-day or residential special education program.

(2)

The PEP shall include all of the following:

(a)

Student's first, middle, and last names;

(b)

Student's gender;

(c)

Month, day, and year of student's birth;

(d)

Projected beginning month, day, and year and ending month and year for implementation of PEP;

(e)

Grade level of student's performance in reading and mathematics;

(f)

Standardized tests or diagnostic tests, or both, used to determine grade level of a student's performance in reading and mathematics and month, day, and year of administration;

(g)

Educational program or programs in which a student is enrolled as specified in Regulation .09A of this chapter;

(h)

Schedule of student's classes and teachers;

(i)

Specific secondary school credits earned, if applicable;

(j)

Summary of Maryland test requirements determined by the State that have been met, and those that have not been met, as applicable;

(k)

Transition plan to prepare a student for specific further education or training, or employment, or independent living, or any combination of these;

(l)

Month, day, and year of PEP development;

(m)

Signature of individual who prepared the PEP; and

(n)

IEP of student, if applicable.

(3)

The current PEP and IEP, as applicable, of each student shall be available in the classroom or classrooms of each student.

Regulation .11 Type I Educational Program—Behavior Management.Link Copy Citation

As appropriate, a school that provides general education services shall maintain a comprehensive document that includes a complete statement of the school's behavior management policies and procedures.

The behavior management policies and procedures of a school that provides general education services shall:

(1)

Address all aspects of behavior management policies and procedures implemented by the school;

(2)

Provide clear direction to staff regarding the implementation of the behavior management policies and procedures of the school; and

(3)

Include, but not be limited to, the following:

(a)

A description of each behavior management technique used by the school;

(b)

The specific forms to be completed to document implementation of each specific behavior management practice;

(c)

Methods used to train staff in implementing behavior management practices and a schedule for training staff;

(d)

Procedures for notifying the parent or the local school system, or both, regarding the implementation of specific practices; and

(e)

Procedures for reviewing behavior management data and the purpose of such reviews.

A school that provides special education services shall develop and implement policies and procedures for the following areas:

(1)

The use and documentation of student behavior interventions, including exclusion, restraint, and seclusion;

(2)

Monitoring the use of exclusion, restraint, and seclusion; and

(3)

Receiving and investigating complaints regarding the use of exclusion, restraint, and seclusion as required by COMAR 13A.08.04.

Regulation .12 Type I Educational Program—Privacy Rights.Link Copy Citation

For the purpose of §B of this regulation, when a student becomes 18 years old, the rights accorded to and consent required of the parent of the student shall be accorded to and required only of the eligible student, consistent with Education Article, §8-412.1, Annotated Code of Maryland.

Protecting Right of Privacy of Students.

(1)

A school shall have written policies and procedures on protecting the right of privacy of students and their parents relative to access to, and release of, records of individual students.

(2)

The written policies and procedures under §B(1) of this regulation shall include the following:

(a)

A policy statement assuring that all records pertaining to a student are available to the student's parent for inspection or review;

(b)

Procedures to be followed by a parent who requests to inspect and review the records of his or her child;

(c)

A policy statement assuring that the school may not disclose personally identifiable information from a student's record without prior written consent of the student's parent unless otherwise allowed by law;

(d)

Procedures by which the school shall maintain a written record of requests for, and disclosure of, personally identifiable information from a student's record that includes the first, middle, and last name of the student, the name of the reviewer, the month, day, and year of the review, and the purpose of the review; and

(e)

Procedures for informing the parent of these policies and procedures.

A school's written policies and procedures on protecting the right of privacy of students and their parents specified in §B of this regulation may not abrogate the privacy rights of a student or the parent of the student under applicable federal and State law.

Regulation .13 Type I Educational Program—Instructional Materials and Equipment/Library Media Collection.Link Copy Citation

Instructional Materials and Equipment.

(1)

A school shall maintain instructional materials and equipment of sufficient variety, quantity, and quality, and, at an appropriate range of reading levels, to implement its educational program in each curricular area for each age, grade, instructional program, or any combination of these, based on the classification of the educational program specified on the approval document of the school.

(2)

The instructional materials and equipment shall be the property of the school.

(3)

Instructional materials shall include print, manipulative, audiovisual, and electronic materials and related equipment.

(4)

A school shall maintain a written inventory of instructional materials and equipment owned by the school to implement the educational program specified on the approval document of the school.

(5)

A school shall maintain written policies and procedures for continual upgrading of its instructional materials and equipment.

Library Media Collection.

(1)

A school shall maintain a library media collection that includes sufficient variety, quantity, and quality of print and nonprint items, including electronic materials and related equipment, at appropriate reading levels to support and supplement its educational program in each curricular area for each age, grade, or instructional program, or a combination of these, based on the classification of the educational program specified on the approval document of the school.

(2)

The library media collection is the property of the school.

(3)

A school shall maintain a minimum quantity of library media materials and equipment based on its current enrollment as follows:

(a)

Ten different items per student for a nursery school or kindergarten educational program, or both;

(b)

500 different items for a school with 24 or fewer students;

(c)

750 different items for a school with 25 to 75 students, or 20 items per student, whichever is greater; and

(d)

1,500 different items for a school with more than 75 students, or 20 items per student, whichever is greater.

(4)

A school shall classify and catalogue the library media collection in a manner that is appropriate for student use, and so that each item can be located and returned to the collection.

(5)

A new school shall have at least 1/3 of the required collection at the beginning of the first year of operation and a written plan that specifies the number of items, kinds of items, budget, and date for acquiring the remaining items not later than the beginning of the third year of operation.

(6)

A school shall maintain a written inventory of the items in the library media collection owned by the school to support and supplement the educational program specified on the approval document of the school.

(7)

A school shall maintain written policies and procedures for continual upgrading of items in its library media collection.

Regulation .14 Type I Educational Program—Daily Schedule and Yearly Calendar.Link Copy Citation

Schedule of the School Day.

(1)

The schedule of the school day, including the beginning and end of the school day and other important periods, shall be in writing.

(2)

A school shall distribute annually its written schedule for the school day to the representatives of agencies placing students in the school and to the parents of students enrolled, as applicable.

(3)

A school providing a general education program shall provide instruction at least 4 hours a day, Monday through Friday, exclusive of holidays, vacation days, and any other pertinent events or activities.

(4)

In a school providing a special education program, the total hours in a school week shall be sufficient to implement each student's IEP.

(5)

In a nursery school providing an educational program, other than a special education program, the length of the school day may not exceed 6 hours.

Calendar of the School Year.

(1)

A school shall develop a written calendar for each year that includes the name, address, and telephone number of the school, month, day, and year for the opening and closing of school, the specific and total number of days of instruction, the total number of hours a school is open for student attendance, holidays, vacations, and other pertinent events or activities in the schedule for the year.

(2)

A school shall distribute its written calendar annually to the representatives of agencies placing students in the school and to the parents of students enrolled, as applicable.

(3)

The calendar for the school year shall provide for a school year with at least 180 days of instruction.

(4)

A school providing an elementary school or secondary school educational program, or both, shall be open for student attendance for a minimum of:

(a)

1,080 hours in a school year for elementary schools and nongraded educational programs; and

(b)

1,170 hours in a school year for secondary schools.

(5)

The Department may grant a waiver of the length of the school year for natural disasters, civil disasters, or severe weather conditions.

Regulation .15 Type I Educational Program — Requirements for General Education Programs.Link Copy Citation

Nursery School, Kindergarten, Elementary School, and Secondary School Program. A school providing one or a combination of these educational programs shall implement the Maryland State Curriculum, the general education curriculum of a local school system, or both, as applicable, for each subject or area of instruction at each grade level, as specified on its approval document.

Adult Basic Education Program. A school that provides an adult basic education program shall meet the following requirements:

(1)

Establishment of written criteria for entry into the adult basic education program that include all of the following:

(a)

Minimum skill levels in reading, writing, and mathematics below the sixth grade level as measured on a standardized test;

(b)

Minimum age of 14 years; and

(c)

A written statement that the GED TESTS will eventually be the appropriate means for earning a high school diploma; and

(2)

Implementation of a written curriculum for each subject area that prepares a student for enrollment in a pre-GED program or a GED TESTS preparation program.

Pre-GED Program. A school providing a pre-GED program shall meet the following requirements:

(1)

Establishment of written criteria for entry into the pre-GED program that include all of the following:

(a)

Minimum sixth grade skill levels in reading, writing, and mathematics as measured on a standardized test;

(b)

Minimum age of 14 years; and

(c)

A written statement of determination for each student that the GED TESTS will eventually be the appropriate means for earning a high school diploma; and

(2)

Implementation of a written curriculum for each subject area that prepares a student for enrollment in a GED TESTS preparation program.

GED TESTS Preparation Program. A school providing a GED TESTS preparation program shall meet the following requirements:

(1)

Establishment of written criteria for entry into the GED TESTS preparation program that include the following requirements:

(a)

Minimum ninth grade skill levels in reading, writing, and mathematics as measured on a standardized test;

(b)

Minimum age of 16 years;

(c)

Minimum 3-month residency in Maryland; and

(d)

A written statement of determination for each student that the GED TESTS will be the appropriate means for earning a high school diploma;

(2)

Determination of the appropriate placement of each student within each of the GED TESTS preparation program areas based on an assessment of the performance level of each student in the GED TESTS preparation program;

(3)

Implementation of written curriculum designed to prepare a student for each of the current GED TESTS; and

(4)

Administration of the GED practice test to determine student readiness to take the GED TESTS.

Career Development Program and Technology Educational Program.

(1)

A school providing a pre-GED program or a GED TESTS preparation program, or both, as specified in §§C and D of this regulation, may also provide a noncredit granting program in career development or technology education, or both.

(2)

A school providing a career development program or technology educational program, or both, shall meet all of the following requirements:

(a)

Establishment of written criteria for entry into the career development program or technology educational program, or both, as appropriate; and

(b)

Implementation of a written curriculum for each course provided.

(3)

A career development program shall provide the following:

(a)

Appropriate assessment for the identification of talents, interests, attitudes, and potential related to the world of work;

(b)

An organized sequence of instruction in career exploration, career preparation, and job seeking and advancement; and

(c)

An organized sequence of instruction in the proper use of tools, machines, processes, and products in one or more career preparation areas.

(4)

A technology educational program shall provide instruction in the following:

(a)

An organized sequence of instruction in the application of knowledge, tools, and skills to solve practical problems and extend human capabilities through technology; and

(b)

An organized sequence of instruction in a variety of tools, machines, and computer systems and applications, or any one or combination of these.

Regulation .16 Type I Educational Program—Requirements for a Secondary School Program.Link Copy Citation

Diploma and Certificate.

(1)

Publicly Funded Students.

(a)

A school providing a secondary school program in any one or a consecutive sequence of grades 9—12 shall offer a secondary school program that meets the requirements of COMAR 13A.03.02 for the issuance of a Maryland high school diploma.

(b)

Beginning with students entering grade 9 in the 2005—2006 school year whose placement is paid for in any part by public funds, the Maryland high school diploma and the Maryland High School Certificate of Program Completion specified in COMAR 13A.03.02 issued by a local school system or the State Board shall be the diploma or certificate for which a school shall prepare a student.

(2)

Privately Funded Students.

(a)

The secondary school diploma issued by a nonpublic school to students whose placement is paid for with private funds shall meet the enrollment, credit, and student service requirements specified in COMAR 13A.03.02.

(b)

Beginning with students entering grade 9 in the 2005—2006 school year whose placement is paid for by private funds, the secondary school diploma issued by a nonpublic school is the diploma for which a nonpublic school shall prepare a student.

(c)

The secondary school diploma of the school:

(i)

Shall state the name of the school;

(ii)

Shall state the name of the legal authority;

(iii)

Shall state the month, day, and year of issuance of the diploma;

(iv)

May not imply that the requirements for graduation from a Maryland public high school have been met; and

(v)

May state that the school holds approval from the State Board.

Unit of Credit.

(1)

A school, including a school providing a special education program, that grants secondary school credits shall have a written policy defining a unit of credit and any partial unit of credit granted by the school based on one or more of the methods described in §B(2)—(5) of this regulation.

(2)

Clock Hours. If a school defines a unit or partial unit of credit as the number of clock hours required by the local school system where the facility is located or a minimum of 120 clock hours of instruction, or fraction of 120 clock hours for a partial unit of credit, the definition shall include the percentage of curricular objectives the student must successfully complete and the minimum grade required to earn the unit or partial unit of credit.

(3)

Successful Demonstration of Learning Outcomes. If a school defines a unit of credit as successful demonstration of learning outcomes:

(a)

The learning experiences may occur outside the approved educational program; and

(b)

The curriculum of a school shall include performance requirements and teacher implemented evaluation procedures.

(4)

Credit by Exam. If a school grants a unit of credit when a student passes an examination that assesses student demonstration of curricular objectives for a specific course, the policy of the school defining the unit of credit shall include the minimum percentage grade required to earn the unit of credit.

(5)

College Credit. If a student earns credit for a course taken at an IHE, a school may grant a unit of credit, with the approval of the local school system.

Transcript.

(1)

A secondary school shall be prepared to present as a separate document a current and cumulative transcript of the secondary school record of each student for each year of enrollment, which includes the following:

(a)

School's name;

(b)

School's location address;

(c)

School's telephone number;

(d)

Student's first, middle, and last names;

(e)

Month, day, and year of student's birth;

(f)

Student's home address;

(g)

Credits and grades earned in each subject area in each grade;

(h)

Code for the meaning of the grading system;

(i)

Designation of transfer credits and name of school originally granting the credits;

(j)

Month, day, and year the student initially entered the school's secondary school program;

(k)

Month, day, and year the student withdrew or graduated;

(l)

Total days of attendance during each school year in the school;

(m)

Summary of State test requirements, including test dates and scores, as applicable; and

(n)

Summary of service learning hours completed.

(2)

A school shall have written policies and procedures for permanently maintaining the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.

(3)

Regulation .17 Type I Educational Program — Requirements for a Special Education Program.Link Copy Citation

A school shall provide special education and related services, as applicable, consistent with each student's IEP developed through the local school system's IEP team.

A school shall provide special education and related services to include an organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.

A school that provides special education containing a pre-GED or GED TESTS preparation program, or both, as a part of the special education program, shall meet the requirements specified in Regulation .15C and D, and Regulation .15E if applicable, of this chapter for those educational programs.

Curriculum Guides. A school that provides nursery school, kindergarten, grades 1—12, or any combination of these shall implement the Maryland State Curriculum, the general education curriculum of a local school system, or both, as applicable, for each subject at each grade or age level as specified on its approval document.

Student-to-Teacher Ratio.

(1)

A school shall provide sufficient teachers and other personnel to implement each student's IEP.

(2)

Full-Day Special Education.

(a)

The average class size may not exceed six students with disabilities per full-time certified teacher.

(b)

If an aide is present in each class, the average class size may not exceed nine students with disabilities per full-time certified teacher.

(c)

The average class size for students with significant orthopedic impairments may not exceed seven students with disabilities per full-time certified teacher when an aide is present in each class.

(3)

Residential Special Education. A school providing residential special education services as specified on the approval document of the school shall meet the following student-to-teacher ratio for its entire special education program:

(a)

The average ratio of students to qualified staff may not exceed an average of four students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider; or

(b)

If an aide is present in every class, the average ratio of students to qualified staff may not exceed seven students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider.

Assessment.

(1)

As a condition of admission, a school shall have on file assessments provided by the local school system for each student enrolled, as required by COMAR 13A.05.01.

(2)

The assessments as required by COMAR 13A.05.01 shall document each student's eligibility for the special education and related services provided by the school in accordance with the student's IEP.

Individualized Education Program (IEP).

(1)

As a condition of admission, a school shall have on file a copy of the IEP approved by the local school system for each student before implementing the student's educational program.

(2)

A school shall implement the IEP approved by the local school system for each student enrolled for each year of the student's enrollment.

(3)

The current IEP of each student shall be available in the classroom of each student.

(4)

Documentation of Student Progress Toward IEP Goals.

(a)

A school shall document student progress in the achievement of IEP goals as often as the progress of students without disabilities is documented.

(b)

A school shall provide a copy of its IEP progress documentation to the local school system of each student.

(5)

Documentation of Each Related Service.

(a)

A school shall maintain documentation of each related services session provided as required by the IEP of each student enrolled.

(b)

That documentation shall contain the following information:

(i)

Student's first, middle, and last names;

(ii)

Month, day, and year of each related services session;

(iii)

Length of time of each related services session;

(iv)

IEP goal or objective being implemented during each session and notes regarding progress; and

(v)

Signature and title of the related services provider.

(6)

A school shall maintain policies and procedures approved by the placing local school system or systems that provide for notification to the local school system regarding related services specified on the IEP of a student that the school has not provided.

Administrative Practices.

(1)

A school providing a special education program to students with disabilities not placed in the school by a local school system shall have:

(a)

A written agreement with the local school system where the school is located that describes the local school system's responsibility for implementing the procedural safeguards of COMAR 13A.05.01 in cooperation with the school; or

(b)

If no written agreement is developed, documentation of at least two attempts to enter into a written agreement with the local school system.

(2)

A school shall have written policies and procedures for:

(a)

Participating in the development of an IEP with the local school system that referred the student for placement; and

(b)

Promptly notifying the local school system if the IEP needs to be revised after a student is enrolled.

(3)

A school shall have written policies and procedures for dismissal of students, including:

(a)

Promptly requesting that the responsible local school system that referred the student for placement conduct an IEP team meeting before a recommendation to dismiss a student is made; and

(b)

Maintaining a student's placement during mediation or due process proceedings, unless the IEP provides for an alternative placement during due process proceedings and the parent has agreed to the alternative placement.

(4)

In accordance with COMAR 13A.08.01 and 13A.08.03, a school shall have written policies and procedures for notifying the responsible local school system regarding either the removal of a student for more than 10 consecutive school days or a series of removals of a student that constitute a pattern because the removals cumulate to more than 10 school days in a school year.

Residential Special Education and Related Services. A school providing residential special education and related services:

(1)

Shall provide documentation that it implements the residential component of the IEP for each student;

(2)

Shall provide documentation of the integration of the day and residential programs;

(3)

Shall hold all licenses as required by State or local government, or both, to operate; and

(4)

May not be approved to operate in a private home.

Regulation .18 Type I Educational Program—Personnel Requirements.Link Copy Citation

Administrative Head.

(1)

A school shall have an administrative head responsible for the day-to-day administration of the school.

(2)

An administrative head of a school hired on or after September 1, 2001, shall hold a bachelor's degree.

Education Director.

(1)

A school shall employ a full-time education director to be responsible for the coordination and supervision of the educational program. More than one full-time education director may be required to ensure adequate coordination and supervision of the educational program in a large school or a school providing a variety of educational programs.

(2)

When there is a change in the individual who is employed as the education director of a school, the legal authority shall notify the Department in writing within 10 school days of the change.

(3)

A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of the education director.

(4)

An education director of a general education program shall hold a valid Maryland professional certificate as an elementary or secondary supervisor or principal, or a valid Maryland professional teaching certificate in elementary or secondary education. If a school provides an educational program at only the nursery school or kindergarten level, or both, the education director shall hold a valid:

(a)

Maryland professional certificate as an early childhood supervisor or early childhood principal; or

(b)

Maryland professional teaching certificate in early childhood education.

(5)

An education director of a special education program shall hold a valid:

(a)

Maryland professional certificate as a special education supervisor or special education principal; or

(b)

Maryland professional teaching certificate in special education.

(6)

An education director qualifying with a valid Maryland professional teaching certificate shall also have at least 3 years of satisfactory teaching experience as verified by former employers. The teaching experience shall be in general or special education, or both, as appropriate for the education director's assignment.

(7)

A school that provides both general and special education shall employ:

(a)

An education director who meets the requirements specified in §B(4)—(6) of this regulation; or

(b)

An education director who meets the requirements specified in §B(4) and (6) of this regulation, and another education director who meets the requirements in §B(5) and (6) of this regulation.

(8)

The duties and responsibilities of the education director and administrative head may be assigned to the same individual.

(9)

With the exception of an education director assigned to a full-day special education or residential special education program, or both, the duties and responsibilities of the education director may be assigned to a teacher who has sufficient time to perform the duties of the education director.

Teachers and Related Services Providers.

(1)

A school shall employ teachers and any required related services staff, whether full-time, part-time, voluntary, or contractual, who meet the applicable requirements as designated in §C(2)—(5) and (8) of this regulation.

(2)

A teacher shall hold the certificate as provided for in COMAR 13A.12.01 and COMAR 13A.12.02.

(3)

A teacher providing instruction in an Adult Basic Education or Pre-GED program, or both, shall hold a valid certificate.

(4)

A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:

(a)

Bachelor's degree from an IHE;

(b)

120 semester hours of college credit from an IHE; or

(c)

Bachelor's degree equivalent as determined by a Department-designated independent agency authorized to evaluate foreign credentials.

(5)

A teacher providing instruction in a career development educational program or a technology educational program, or both, shall hold at least:

(a)

A high school diploma; and

(b)

A minimum of 5 years of documented experience in the trade in which instruction is provided.

(6)

A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of a teacher.

(7)

A school shall maintain a written schedule that provides each teacher with sufficient time scheduled within each work week to prepare for the implementation of the teacher's instructional duties and responsibilities.

(8)

Professionals who provide related services specified in an IEP shall hold all licenses or certificates, or both, that are required by the State Board, or another State licensing agency, or both.

Aides.

(1)

A full-time or part-time, paid or volunteer aide who assists a teacher shall be under the direct instructional supervision of the teacher to whom the aide is assigned.

(2)

A school shall have a written position description that states the qualifications, duties, responsibilities, and supervision of an aide.

Regulation .19 Type II Educational Programs.Link Copy Citation

In a Type II educational program, instruction shall be provided by a nonpublic school and public school either on the grounds of the nonpublic school and the grounds of the public school, or solely on the grounds of the public school, with the primary goal of integrating students into the public school instructional program to the greatest extent appropriate.

A school may provide any one or combination of the following Type II educational programs:

(1)

Nursery school;

(2)

Kindergarten;

(3)

Elementary school;

(4)

Secondary school;

(5)

Special education and related services.

Description of the Educational Program.

(1)

A school shall have a written description of the educational program prepared as a single narrative.

(2)

A school shall distribute its written description of the educational program to public agency placement officials.

(3)

The written description shall include all of the following:

(a)

A statement of the purpose or goals toward which the educational program's efforts are directed;

(b)

The name of the legal authority responsible for governing and operating the educational program;

(c)

Identifying information to include the name of the school, address of the school, and telephone number of the school;

(d)

Table of organization or organizational chart to include:

(i)

The name of the legal authority;

(ii)

The governing board of the educational program;

(iii)

If applicable, the specific structure and components of the educational program; and

(iv)

If applicable, any other program components governed and operated by the same legal authority at the same location;

(e)

Student enrollment capacity and characteristics including the age, gender, and, if applicable, disability or disabilities;

(f)

Educational program or programs provided by the nonpublic school;

(g)

Instruction provided by the public school to students who are also enrolled in the nonpublic school;

(h)

Staff employed by the nonpublic school to implement the educational program, including related services staff in special education programs; and

(i)

Description of the physical facilities used by the school.

Personnel.

(1)

Staff shall meet the requirements specified in Regulation .18 of this chapter.

(2)

The Department may approve a written justification that provides an educationally sound basis for a less than full-time education director.

Student-to-Teacher Ratio.

(1)

The student-to-teacher ratio in a nursery school, kindergarten, elementary school, or secondary school educational program may not exceed ten students to a full-time certified teacher unless the Department approves a written justification for more students.

(2)

The student-to-teacher ratio in a special education program shall be as specified in Regulation .17E of this chapter, as appropriate.

Educational Program.

(1)

(2)

(3)

A student shall receive instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.

(4)

A school shall implement the same curriculum as that implemented by the public school in each grade and subject in which it provides instruction to students. Any charge for the curriculum is the responsibility of the nonpublic school.

(5)

A school shall use the same instructional materials and equipment as those used by the public school. Any charge for the instructional materials and equipment is the responsibility of the nonpublic school.

(6)

A school shall use the library media service of the public school.

(7)

A PEP shall be developed for each student enrolled in a general education program specified in §B of this regulation. The PEP shall include all of the following:

(a)

Student's first, middle, and last names;

(b)

Student's gender;

(c)

Month, day, and year of student's birth;

(d)

Projected beginning month, day, and year and ending month and year for implementation of the PEP;

(e)

Grade level of student's performance in reading and mathematics;

(f)

Standardized tests or diagnostic tests, or both, used to determine the grade level of a student's performance in reading and mathematics and month, day, and year of administration;

(g)

Grade placement in the educational program in which a student is enrolled;

(h)

Schedule of student's classes and designation of nonpublic school or public school teacher for each class;

(i)

Specific secondary school credits earned if applicable;

(j)

Summary of Maryland test requirements determined by the State that have been met, and those that have not been met, as applicable;

(k)

Transition plan to prepare a student for specific further education or training, or employment, or independent living, or any combination of these;

(l)

Month, day, and year of PEP development;

(m)

Signature of individual who developed the PEP; and

(n)

IEP of student, if applicable.

(8)

The current PEP and IEP of each student shall be available in the classroom of each student.

(9)

Special Education Program. A school providing a special education program shall meet the assessment and IEP requirements specified in Regulation .17F and G of this chapter.

(10)

Student Progress Report. A school shall use the student progress reporting schedule and format of the public school.

(11)

Secondary School Credit. A school granting secondary school credit and any partial unit of credit shall meet the requirements of the local school system where the public school is located.

(12)

Student Records.

(a)

A school shall maintain student record information on a standard form for each student, which includes all of the following:

(i)

School's name;

(ii)

School's location address;

(iii)

School's telephone number;

(iv)

Student's first, middle, and last names;

(v)

Month, day, and year of the student's birth;

(vi)

Student's home address;

(vii)

Month, day, and year the student initially entered; and

(viii)

Month, day, and year the student withdrew or graduated.

(b)

A school shall maintain student record information in a standard format for each student, which includes all of the following:

(i)

Student's specific days of attendance;

(ii)

Student's performance or grade information, or both, as appropriate in each curricular area for each grade;

(iii)

Code for the meaning of the grading system as used by the public school;

(iv)

Student's IEP or PEP, or both, as applicable; and

(v)

Student's grade placement.

(c)

A copy of a student's record and progress report shall be given to a representative of the placing agency upon the student's discharge from the school.

(13)

Secondary School Transcript.

(a)

A document that includes the components specified in Regulation .16C of this chapter shall be used as a transcript of a secondary school student's record.

(b)

A secondary school shall permanently maintain the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.

(c)

(14)

Privacy Rights. A school shall meet the privacy rights requirements specified in Regulation .12 of this chapter.

(15)

Admissions. A school shall have a written statement of admissions criteria as specified in Regulation .09D of this chapter.

(16)

Schedule of the School Day.

(a)

The hours of the school day shall be the same as that of the public school.

(b)

A school shall develop a written schedule of the school day, including the beginning and end of the school day, and other important periods.

(c)

A school shall distribute the schedule of its school day annually to the parents and representatives of agencies placing students in the school.

(17)

Calendar of the School Year.

(a)

A school shall develop a written calendar of the school year that includes the same days in the school year that the local school system is open and may include additional days.

(b)

A school shall distribute the calendar of its school year annually to the parents and representatives of the placing agency or agencies of the students enrolled.

(18)

Administrative Practices. A school providing a special education program shall have administrative policies and procedures as specified in Regulation .17H of this chapter.

(19)

A school shall meet the behavior management requirements specified in Regulation .11 of this chapter.

Regulation .20 Type III Educational Programs.Link Copy Citation

In a Type III educational program, the school shall provide a transitional instructional program to the residents of the licensed facility, not to exceed an average of 60 school days, in a facility licensed by a unit of State government.

A school may provide any one or combination of the following Type III educational programs:

(1)

Nursery school;

(2)

Kindergarten or grades 1—12, or any consecutive sequence of these that continues implementation of a student's public school program;

(3)

Diagnostic-prescriptive educational program;

(4)

Pre-GED program; or

(5)

GED TESTS preparation program.

Description of the Educational Program.

(1)

A school shall have a written description of its educational program prepared as a single narrative that is distributed to the representatives of agencies placing students at the school.

(2)

The written description referenced in §C(1) of this regulation shall include all of the following:

(a)

A statement of the purpose or goals toward which the educational program's efforts are directed;

(b)

The name of the legal authority;

(c)

Identifying information to include the name of the school, address of the school, and telephone number of the school;

(d)

Table of organization or organizational chart to include:

(i)

The name of the legal authority;

(ii)

The governing board of the educational program, if applicable;

(iii)

The specific structure and components of the educational program; and

(iv)

If applicable, any other program components governed and operated by the same legal authority at the same location;

(e)

Student enrollment capacity and characteristics including the age and gender of each student enrolled;

(f)

Educational program or programs provided, as specified in §B of this regulation;

(g)

Teacher or teachers employed to implement the educational program; and

(h)

Description of the physical facilities used by the educational program.

Admission of students with an IEP in a Type III Educational Program. A school shall maintain and implement policies and procedures for the admission of a student with an IEP or suspected disability into a general education program, as outlined in the Department's “Policies and Procedures for Educating a Student with an individualized education program (IEP) in a Type I or Type III Nonpublic General Education Program Approved under COMAR 13A.09.10.”

Acquisition of Previous Student Records.

(1)

Within 5 school days of a student's placement, a school shall acquire all of the following educational information from an official of the previous school placement for a student in order to determine an appropriate educational program:

(a)

Student's previous grade placement;

(b)

Student's performance in each curricular area;

(c)

Student's high school credits earned to date, if applicable;

(d)

Student's IEP, if applicable;

(e)

Maryland assessment results, if applicable; and

(f)

Student's days of attendance in the current school year.

(2)

The information in §D(1) of this regulation may be acquired by telephone or by electronic means.

(3)

A school shall maintain a record of the information acquired in accordance with §D(1) of this regulation. This record shall include the month, day, and year of contact, and the name and title of the individual from whom the information was acquired.

(4)

When a school does not have the previous student record of a student, a school shall document at least two attempts to acquire the previous student records within 5 school days of the student's placement to include the following information:

(a)

The month, day, and year of contact;

(b)

The name and title of the individual from whom the information was requested; and

(c)

The result of each attempt.

Personal Education Plan (PEP).

(1)

Within 5 school days of entering a facility, a school shall develop a PEP for each student.

(2)

The PEP shall include all of the following:

(a)

Student's first, middle, and last names;

(b)

Student's gender;

(c)

Month, day, and year of the student's birth;

(d)

Beginning month, day, and year for implementation of the PEP;

(e)

Grade level of student's performance in reading and mathematics;

(f)

Standardized tests or diagnostic tests, or both, used to determine the grade level of the student's performance in reading and mathematics, and the month, day, and year of administration;

(g)

Educational program or programs in which a student is enrolled as specified in §B of this regulation;

(h)

Student's educational plan with at least one goal for each area of instruction;

(i)

Schedule of student's classes and teachers;

(j)

Transition plan to prepare the student for specific further education or training, employment, or independent living, or any combination of these;

(k)

Month, day, and year of PEP development; and

(l)

Signature of individual who developed the PEP.

Student Progress Report.

(1)

When a student leaves a school, a progress report that includes all of the following information shall be prepared:

(a)

Performance or grades, or both, in each curricular area;

(b)

Code for the meaning of the performance information or grades, or both;

(c)

Month, day, and year of entrance in the educational program;

(d)

Month, day, and year of withdrawal from the educational program;

(e)

Specific days of attendance in the educational program;

(f)

Hours of instruction in each curricular area at the secondary level; and

(g)

Recommendations for educational placement, including referral for special education services, if appropriate.

(2)

The progress report and PEP of a student shall be given to the placing agency representative upon discharge from the facility.

Instructional Materials and Equipment.

(1)

A school shall own instructional materials and equipment that include print, manipulative, audiovisual and electronic materials, and equipment in sufficient variety, quantity, and quality to implement the educational program.

(2)

The instructional materials and equipment used by the local school system to implement the general education curriculum that is aligned with the State Curriculum shall be used to implement the educational programs specified in §B(2) of this regulation.

Certificate for Teachers.

(1)

With the exception of a teacher providing instruction in a GED TESTS preparation program, a teacher shall hold a valid Maryland teaching certificate.

(2)

A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:

(a)

Bachelor's degree from an IHE;

(b)

120 semester hours of college credit from an IHE; or

(c)

Bachelor's degree equivalent as determined by a Department designated independent agency authorized to evaluate foreign credentials.

Student-to-Teacher Ratio. The student-to-teacher ratio may not exceed ten students to one full-time certified teacher unless the Department approves a written justification for the increased number that is educationally sound.

Schedule of the School Day. A school shall:

(1)

Develop a written schedule of the school day including the beginning and end of the school day and other important periods;

(2)

Distribute the schedule of its school day to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable;

(3)

Operate for at least 3 clock hours a day exclusive of time scheduled for meals; and

(4)

Be in session 5 days a week except for holidays, vacations, and other pertinent events or activities.

Calendar of the School Year. A school shall:

(1)

Develop a written calendar of the school year that includes the month, day, and year for the opening and closing of the school, and the specific and total number of days of instruction;

(2)

Provide at least 180 days of instruction per year; and

(3)

Distribute the written calendar to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable.

Title 13A — Subtitle 09. Nonpublic Schools

Chapter 01. General Regulations

Regulation .01 Use of Names.LinkCopy Citation

Regulation .02 Repealed.LinkCopy Citation

Regulation .03 Tentative Approval.LinkCopy Citation

Chapter 02. Academic Schools

Chapter 03. Standards for Nonpublic Nursery Schools and Kindergartens

Chapter 04. Standards for Nonpublic Elementary Schools

Chapter 05. Standards for Nonpublic Secondary Schools

Chapter 06. Nonpublic Tutoring Schools

Chapter 07. Standards for Nonpublic Schools for the Handicapped

Chapter 08. Nursery School Programs and Kindergarten Programs Operating Within a Nonpublic Group Day Care Center

Chapter 09. Educational Programs in Nonpublic Schools

Regulation .01 Purpose and Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Certificate of Approval for the Educational Program.LinkCopy Citation

Regulation .04 Compliance.LinkCopy Citation

Regulation .05 Statement of Purposes.LinkCopy Citation

Regulation .06 Personnel Requirements.LinkCopy Citation

Regulation .07 Educational Program.LinkCopy Citation

Regulation .08 Student Records for Kindergartens and Elementary Schools.LinkCopy Citation

Regulation .09 Requirements for Secondary Schools.LinkCopy Citation

Regulation .10 Administrative Practices.LinkCopy Citation

Regulation .11 Health, Fire Safety, and Zoning.LinkCopy Citation

Regulation .12 Procedures and Sanctions for Noncompliance.LinkCopy Citation

Regulation .13 Schools Serving Students with Special Education Needs.LinkCopy Citation

Chapter 10. Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities

Regulation .01 Purpose and Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Approval Documents for the Educational Program.LinkCopy Citation

Regulation .04 Compliance.LinkCopy Citation

Regulation .05 Procedures and Sanctions for Noncompliance.LinkCopy Citation

Regulation .06 Certifications of Compliance.LinkCopy Citation

Regulation .07 Health, Fire Safety, and Zoning.LinkCopy Citation

Regulation .08 Public Relations Information.LinkCopy Citation

Regulation .09 Type I Educational Program—General Requirements.LinkCopy Citation

Regulation .10 Type I Educational Program—Student Records and PEP.LinkCopy Citation

Regulation .11 Type I Educational Program—Behavior Management.LinkCopy Citation

Regulation .12 Type I Educational Program—Privacy Rights.LinkCopy Citation

Regulation .13 Type I Educational Program—Instructional Materials and Equipment/Library Media Collection.LinkCopy Citation

Regulation .14 Type I Educational Program—Daily Schedule and Yearly Calendar.LinkCopy Citation

Regulation .15 Type I Educational Program — Requirements for General Education Programs.LinkCopy Citation

Regulation .16 Type I Educational Program—Requirements for a Secondary School Program.LinkCopy Citation

Regulation .17 Type I Educational Program — Requirements for a Special Education Program.LinkCopy Citation

Regulation .18 Type I Educational Program—Personnel Requirements.LinkCopy Citation

Regulation .19 Type II Educational Programs.LinkCopy Citation

Regulation .20 Type III Educational Programs.LinkCopy Citation

Regulation .01 Use of Names.Link Copy Citation

Regulation .02 Repealed.Link Copy Citation

Regulation .03 Tentative Approval.Link Copy Citation

Regulation .01 Purpose and Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Certificate of Approval for the Educational Program.Link Copy Citation

Regulation .04 Compliance.Link Copy Citation

Regulation .05 Statement of Purposes.Link Copy Citation

Regulation .06 Personnel Requirements.Link Copy Citation

Regulation .07 Educational Program.Link Copy Citation

Regulation .08 Student Records for Kindergartens and Elementary Schools.Link Copy Citation

Regulation .09 Requirements for Secondary Schools.Link Copy Citation

Regulation .10 Administrative Practices.Link Copy Citation

Regulation .11 Health, Fire Safety, and Zoning.Link Copy Citation

Regulation .12 Procedures and Sanctions for Noncompliance.Link Copy Citation

Regulation .13 Schools Serving Students with Special Education Needs.Link Copy Citation

Regulation .01 Purpose and Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Approval Documents for the Educational Program.Link Copy Citation

Regulation .04 Compliance.Link Copy Citation

Regulation .05 Procedures and Sanctions for Noncompliance.Link Copy Citation

Regulation .06 Certifications of Compliance.Link Copy Citation

Regulation .07 Health, Fire Safety, and Zoning.Link Copy Citation

Regulation .08 Public Relations Information.Link Copy Citation

Regulation .09 Type I Educational Program—General Requirements.Link Copy Citation

Regulation .10 Type I Educational Program—Student Records and PEP.Link Copy Citation

Regulation .11 Type I Educational Program—Behavior Management.Link Copy Citation

Regulation .12 Type I Educational Program—Privacy Rights.Link Copy Citation

Regulation .13 Type I Educational Program—Instructional Materials and Equipment/Library Media Collection.Link Copy Citation

Regulation .14 Type I Educational Program—Daily Schedule and Yearly Calendar.Link Copy Citation

Regulation .15 Type I Educational Program — Requirements for General Education Programs.Link Copy Citation

Regulation .16 Type I Educational Program—Requirements for a Secondary School Program.Link Copy Citation

Regulation .17 Type I Educational Program — Requirements for a Special Education Program.Link Copy Citation

Regulation .18 Type I Educational Program—Personnel Requirements.Link Copy Citation

Regulation .19 Type II Educational Programs.Link Copy Citation

Regulation .20 Type III Educational Programs.Link Copy Citation