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. 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 completed church exempt registration form; and Documentation that establishes the legal existence of the bona fide church organization. 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: 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; 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; Apprenticeship and on-the-job training programs that are subject to the approval of the Apprenticeship and Training Council; 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; 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; Individuals or entities that supervise home instruction provided by the parent or guardian of a child; Individuals or entities that operate a small center licensed by the Department; Individuals or entities that operate a family day care home registered with the Department; Individuals or entities that operate a Department licensed school age center that offers before school or after school child care, or both of these; 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; Individuals or entities that offer a program for children younger than 3 years old; or Individuals or entities that plan to offer special education. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “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. “Child care center” means a facility that holds a current child care center license issued by the Department. “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. “Department” means the Maryland State Department of Education. “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. “Elementary school” means an educational program for students in any grade or consecutive sequence of grades 1—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. “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. “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. “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. “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. “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. “Secondary school” means an educational program for students in grade 9, 10, or 11, or in any consecutive sequence of grades 9—12. “State Board” means the Maryland State Board of Education. “Student” means an individual to whom a teacher provides instruction. “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. 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: Name of the school; Location of the school; The legal authority responsible for governing and operating the school; and Classification of the educational program to include one or a consecutive sequence of the following: Kindergarten; Elementary school with the grade or grades specified; Secondary school with the grade or grades specified; and 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: Notify the Department in writing at least 60 days before the occurrence of any change or changes; Furnish such information as the State Board considers necessary to approve the change or changes planned by the legal authority; and 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: The school demonstrates an area or areas of noncompliance; The school has not filed its annual report with the Department; 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 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: Ceases operating the educational program; Is ordered by the State Board to cease operating the educational program and does not appeal that decision; or 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. Effective September 1, 2009, any new Montessori educational program shall submit a validating document from a Department-recognized Montessori validating organization. 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. 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: To verify compliance with this chapter for the purpose of initial issuance of a Certificate of Approval; To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter; To determine compliance with this chapter if the Department considers it necessary and appropriate by virtue of specific circumstances; and 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: The regulation or regulations with which the school does not demonstrate compliance; The fact or facts that demonstrate the school's noncompliance with each regulation; The action or actions the school is required to take to demonstrate compliance with each regulation; and 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: The regulation or regulations with which the school continues to fail to demonstrate compliance; The fact or facts that demonstrate the school's continuing noncompliance with each regulation; The action or actions the school is required to take to demonstrate compliance with each regulation; The date by which the school was required to demonstrate compliance as specified in the notice of noncompliance; and 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: Publication of the noncompliance of the school on the website of the Department; Publication of the noncompliance of the school in newspapers of general circulation; or 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. 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. Administrative Head. A school shall have an administrative head at the school who is responsible for the day to day administration of the school. 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. A school shall have a written position description that states the duties and responsibilities of the administrative head of the school. 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. A school shall have a teacher to implement the educational program in each class. 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. 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 bachelor's degree from an IHE; 120 semester hours of college credit from an IHE; or A bachelor's degree equivalent as determined by an independent agency authorized to evaluate foreign credentials that is designated by the Department. 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. A school shall maintain a written statement of the qualifications of each teacher who implements the educational program. 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. Program. The educational program of a school shall operate consistently with its statement of purposes. 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: English, language arts, mathematics, science, and social studies for kindergarten and each grade; and Secondary school courses for which credit is issued. A school shall implement its written curriculum as specified in §A(2) of this regulation. Instructional Materials and Equipment. 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. A school shall own the instructional materials and equipment required to implement the written curriculum of the school. Library Media Collection. 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. 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. 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. 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. A school shall maintain a cumulative record for each student enrolled. Each student record shall include the following: School's name; School's location address; School's telephone number; Student's first, middle, and last names; Student's month, day, and year of birth; Student's home address; Month, day, and year the student initially entered; Grade upon enrollment; Month, day, and year the student withdrew; Student's performance information in each curricular area; Code for the meaning of performance information; and Number of days of attendance in each school year. Credits Required for Graduation. 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. A school shall require 12 credits as follows: Four credits in English language arts; Two credits in social studies to include at least one credit in U. S. History; and Six credits in science and mathematics to include at least two science credits and two mathematics credits. A school shall require nine additional credits in accordance with its written policy regarding graduation requirements. Written Policy Regarding Credits Required for Graduation. A secondary school shall have a written policy regarding the credits required for secondary school graduation. 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. A secondary school shall have a written statement that defines a unit of credit and any partial unit of credit granted by the school. 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. 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: School's name; School's location address; School's telephone number; Student's first, middle, and last names; Student's month, day, and year of birth; Student's home address; Credits and grades earned in each subject area; Code for the meaning of the grading system; Designation of transfer credits accepted by the school and name of the school originally granting each credit; Month, day, and year the student initially entered; Grade upon enrollment; Month, day, and year the student withdrew or graduated; and Number of days of attendance in each school year. 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. 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. Schedule of the School Day. 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. 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. 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. The calendar for a kindergarten, elementary school, or secondary school shall provide for at least 170 days for the implementation of the educational program. When a student enrolls and annually thereafter, a school shall give its written school year calendar to parents or legal guardians of each student. 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. 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. A school shall give to parents or legal guardians of prospective students its written policy regarding the criteria for admission to the school. Kindergarten. 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. 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. 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: 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; 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. 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: Announced and unannounced site visits; Monitoring at the Department; or 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Office of Administrative Hearings. 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. The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23. 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. 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. 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. Regulations for schools offering special education are found in COMAR 13A.09.10. Education Article, §§2-102, 2-205, 2-206, 2-206.1, 2-304, 7-301, 7-302, and 7-405; Family Law Article, §§5-561 and 5-704; Annotated Code of Maryland Effective date: March 20, 1981 (8:6 Md. R. 562) Regulation .02B amended effective August 26, 1985 (12:17 Md. R. 1707); January 15, 1989 (15:27 Md. R. 3137) Regulation .03 repealed and new Regulation .03 adopted effective January 15, 1989 (15:27 Md. R. 3137) Regulations .04B—D. .05H, .06, .07B, .08D—H, .09B, .10C, .12, .13A, and .14C amended effective January 15, 1989 (15:27 Md. R. 3137) Regulation .11B amended effective December 31, 1984 (11:26 Md. R. 2280) Regulation .14 adopted effective August 30, 1982 (9:17 Md. R. 1710) Regulations .01—.14 repealed and new Regulations .01—.14 adopted effective February 3, 1992 (19:2 Md. R. 155) Regulation .01D adopted effective April 20, 1998 (25:8 Md. R. 598) Regulation .02B amended effective April 20, 1998 (25:8 Md. R. 598); September 2, 2002 (29:17 Md. R. 1381) Regulation .03 amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .04C amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .06 amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .07 amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .08B amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .09C amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .10C, D amended and F adopted effective April 20, 1998 (25:8 Md. R. 598) Regulation .10C, D amended effective September 2, 2002 (29:17 Md. R. 1381) Regulation .11A, B amended effective April 20, 1998 (25:8 Md. R. 598) Regulation .15C and D adopted effective February 3, 1992 (19:2 Md. R. 155) Regulations .15—.22 adopted effective October 31, 1988 (15:22 Md. R. 2558) Regulations .15—.22 repealed and new Regulation .15 adopted effective March 29, 1993 (20:5 Md. R. 582) Regulation .18C amended effective February 3, 1992 (19:2 Md. R. 155) Regulations .01—.15 repealed and new Regulations .01—.13 adopted effective March 29, 2004 (31:6 Md. R. 509) Regulation .01 amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .02B amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593) Regulation .03C amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .03N adopted effective January 1, 2010 (36:21 Md. R. 1593) Regulation .04I amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .04K repealed effective April 23, 2007 (34:8 Md. R. 768) Regulation .06B amended effective January 1, 2010 (36:21 Md. R. 1593) Regulation .07A amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593) Regulation .08 amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .10 amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1275); amended permanently effective November 23, 2006 (33:23 Md. R. 1796) Regulation .10A amended effective April 23, 2007 (34:8 Md. R. 768) Regulation .10C amended effective April 23, 2007 (34:8 Md. R. 768); January 1, 2010 (36:21 Md. R. 1593) Regulation .12 repealed and new Regulation .12 adopted effective January 1, 2010 (36:21 Md. R. 1593)