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<regulation prefix="Regulation" num=".02" citation="COMAR 13A.09.10.02" title_num="13A" subtitle_num="09" chapter_num="10" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Department” means the Maryland State Department of Education.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Educational Program.</text>
      <paragraph num="(a)">
        <text>“Educational program” means any one or combination of two or more of the following:</text>
        <paragraph num="(i)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>An organized program of instruction that is provided by a teacher to students in a pre-GED program;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>An organized program of instruction that is provided by a teacher to students in a GED TESTS preparation program;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>An organized program of instruction that is provided by a teacher to students in a career development educational program;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>An organized program of instruction that is provided by a teacher to students in a technology educational program;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>An organized diagnostic-prescriptive educational program.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Educational program” does not mean an organized program of instruction in a trade that requires licensure of its practitioners.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“General educational development test preparation program (GED TESTS)” means an educational program that:</text>
      <paragraph num="(a)">
        <text>Is provided by a teacher to students; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Prepares students to take the GED TESTS for the purpose of earning a Maryland high school diploma issued by the State Board.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Individualized education program team (IEP team)” means a group of individuals responsible for:</text>
      <paragraph num="(a)">
        <text>Identifying and evaluating students with disabilities in accordance with COMAR 13A.05.01;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Developing, reviewing, or revising an IEP for a student with a disability in accordance with COMAR 13A.05.01; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Determining the placement of a student with a disability in the least restrictive environment in accordance with COMAR 13A.05.01.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Kindergarten” means an educational program that:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Consists of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(19)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Letter of Tentative Approval” means an initial approval document issued by the Department that authorizes the legal authority to begin operation of a school.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Maryland High School Certificate of Program Completion” has the meaning stated in COMAR 13A.03.02.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Parent” has the meaning stated in COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Pregeneral educational development (pre-GED) program” means an educational program that is provided by a teacher to qualified students:</text>
      <paragraph num="(a)">
        <text>Who do not meet the GED TESTS program entry criteria; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(29)">
      <text>“Related services” has the meaning stated in COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Responsible local school system” means:</text>
      <paragraph num="(a)">
        <text>The local school system that referred a student for placement in a school providing a special education program; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(32)">
      <text>“School” means an educational program that is:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency, or any division of these.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(33)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Secondary school” means an educational program that:</text>
      <paragraph num="(a)">
        <text>Is provided by a teacher to students in any one or consecutive sequence of grades 9—12;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Consists of instruction in English language arts, mathematics, science, social studies, and other curricular areas required for earning a secondary school diploma.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(35)">
      <text>“Secondary school credit” means the credit:</text>
      <paragraph num="(a)">
        <text>That is issued by a secondary school upon successful completion of all course work requirements; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whose validity is comparable to the credit issued by a Maryland public high school.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(36)">
      <text>“Secondary school diploma” means the document:</text>
      <paragraph num="(a)">
        <text>That is issued by a secondary school upon successful completion of all graduation requirements as described in these regulations; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whose validity is the same as a Maryland high school diploma.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(37)">
      <text>“Special education” has the meaning stated in COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“State Board” means the Maryland State Board of Education.</text>
    </paragraph>
    <paragraph num="(39)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(40)">
      <text>“Student with a disability” has the meaning stated in COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(41)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(42)">
      <text>“Technology educational program” means an organized program of instruction that consists of a sequence of noncredit courses with an industry focus that:</text>
      <paragraph num="(a)">
        <text>Provides students with instruction in the evolution, systems, techniques, utilization, and social and cultural significance of technology; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>