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<regulation prefix="Regulation" num=".20" citation="COMAR 13A.09.10.20" title_num="13A" subtitle_num="09" chapter_num="10" heading="Type III Educational Programs.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A school may provide any one or combination of the following Type III educational programs:</text>
    <paragraph num="(1)">
      <text>Nursery school;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Kindergarten or grades 1—12, or any consecutive sequence of these that continues implementation of a student's public school program;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Diagnostic-prescriptive educational program;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Pre-GED program; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>GED TESTS preparation program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Description of the Educational Program.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The written description referenced in §C(1) of this regulation shall include all of the following:</text>
      <paragraph num="(a)">
        <text>A statement of the purpose or goals toward which the educational program's efforts are directed;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name of the legal authority;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Identifying information to include the name of the school, address of the school, and telephone number of the school;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Table of organization or organizational chart to include:</text>
        <paragraph num="(i)">
          <text>The name of the legal authority;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The governing board of the educational program, if applicable;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The specific structure and components of the educational program; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>If applicable, any other program components governed and operated by the same legal authority at the same location;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Student enrollment capacity and characteristics including the age and gender of each student enrolled;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Educational program or programs provided, as specified in §B of this regulation;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Teacher or teachers employed to implement the educational program; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Description of the physical facilities used by the educational program.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.”</text>
  </paragraph>
  <paragraph num="E.">
    <text>Acquisition of Previous Student Records.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Student's previous grade placement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Student's performance in each curricular area;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Student's high school credits earned to date, if applicable;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Student's IEP, if applicable;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Maryland assessment results, if applicable; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Student's days of attendance in the current school year.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The information in §D(1) of this regulation may be acquired by telephone or by electronic means.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The month, day, and year of contact;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name and title of the individual from whom the information was requested; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The result of each attempt.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Personal Education Plan (PEP).</text>
    <paragraph num="(1)">
      <text>Within 5 school days of entering a facility, a school shall develop a PEP for each student.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The PEP shall include all of the following:</text>
      <paragraph num="(a)">
        <text>Student's first, middle, and last names;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Student's gender;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Month, day, and year of the student's birth;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Beginning month, day, and year for implementation of the PEP;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Grade level of student's performance in reading and mathematics;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Educational program or programs in which a student is enrolled as specified in §B of this regulation;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Student's educational plan with at least one goal for each area of instruction;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Schedule of student's classes and teachers;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Transition plan to prepare the student for specific further education or training, employment, or independent living, or any combination of these;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Month, day, and year of PEP development; and</text>
      </paragraph>
      <paragraph num="(l)">
        <text>Signature of individual who developed the PEP.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Student Progress Report.</text>
    <paragraph num="(1)">
      <text>When a student leaves a school, a progress report that includes all of the following information shall be prepared:</text>
      <paragraph num="(a)">
        <text>Performance or grades, or both, in each curricular area;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Code for the meaning of the performance information or grades, or both;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Month, day, and year of entrance in the educational program;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Month, day, and year of withdrawal from the educational program;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Specific days of attendance in the educational program;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Hours of instruction in each curricular area at the secondary level; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Recommendations for educational placement, including referral for special education services, if appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The progress report and PEP of a student shall be given to the placing agency representative upon discharge from the facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Instructional Materials and Equipment.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Certificate for Teachers.</text>
    <paragraph num="(1)">
      <text>With the exception of a teacher providing instruction in a GED TESTS preparation program, a teacher shall hold a valid Maryland teaching certificate.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:</text>
      <paragraph num="(a)">
        <text>Bachelor's degree from an IHE;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>120 semester hours of college credit from an IHE; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Bachelor's degree equivalent as determined by a Department designated independent agency authorized to evaluate foreign credentials.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>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.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Schedule of the School Day. A school shall:</text>
    <paragraph num="(1)">
      <text>Develop a written schedule of the school day including the beginning and end of the school day and other important periods;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Operate for at least 3 clock hours a day exclusive of time scheduled for meals; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be in session 5 days a week except for holidays, vacations, and other pertinent events or activities.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Calendar of the School Year. A school shall:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide at least 180 days of instruction per year; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Distribute the written calendar to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable.</text>
    </paragraph>
  </paragraph>
</regulation>