<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 13A.09.10.03" title_num="13A" subtitle_num="09" chapter_num="10" heading="Approval Documents for the Educational Program.">
  <paragraph num="A.">
    <text>Application for Approval.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The information shall be submitted in accordance with time lines established by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The approval document is limited to the following specifications as recorded on it:</text>
    <paragraph num="(1)">
      <text>Name of the school;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Location of the school;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Name of the legal authority; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Classification of the educational program to include:</text>
      <paragraph num="(a)">
        <text>Type I, or Type II general or special education program, or both, to include one or more of the following:</text>
        <paragraph num="(i)">
          <text>Nursery school with ages specified;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Kindergarten;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Elementary school with grades specified;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Secondary school with grades specified;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Adult basic education program;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Pre-GED program;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>GED TESTS preparation program;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Career development educational program;</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Technology educational program;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Special education and related services that include one or a combination of the following:</text>
        <paragraph num="(i)">
          <text>Full-day special education and related services;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Partial-day special education and related services;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Residential special education and related services;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Disability or disabilities of students;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Nursery school with ages specified;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Kindergarten;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Elementary school with grades specified;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Secondary school with grades specified;</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Nongraded educational program to include the ages of the students enrolled;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Type III general education program to include one or more of the following:</text>
        <paragraph num="(i)">
          <text>Nursery school with ages specified;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Kindergarten or grades 1—12, or any consecutive sequence of these that continue implementation of a student's public school program;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Diagnostic-prescriptive educational program;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Pre-GED program; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>GED TESTS preparation program.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A legal authority may not assign, transfer, or alter its approval document without the approval of the State Board.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A school shall post its approval document in a conspicuous place on the premises to which it applies.</text>
  </paragraph>
  <paragraph num="H.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Notify the Department in writing at least 60 calendar days before the intended change to the specifications recorded on its approval document;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Furnish information that the State Board considers necessary to approve the change planned by the legal authority; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Certify compliance with this chapter on forms provided by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The school demonstrates an area or areas of noncompliance;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The school has not filed its annual report with the Department;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .05 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>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.</text>
  </paragraph>
  <paragraph num="L.">
    <text>A legal authority shall inform the Department in writing at least 30 calendar days before the educational program ceases operating.</text>
  </paragraph>
  <paragraph num="M.">
    <text>The approval document of a school is void if the legal authority:</text>
    <paragraph num="(1)">
      <text>Ceases operating the educational program;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is not registered as active with the Maryland Department of Assessments and Taxation.</text>
    </paragraph>
  </paragraph>
</regulation>