reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.30 - Rights of Noncustodial Parents

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the parents are separated, divorced, or otherwise living apart, the local school system shall permit both the custodial and noncustodial parent to inspect and review the student records in accordance with Regulation .13 of this chapter except as otherwise provided in §F of this regulation.
B. If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the local school system shall provide the noncustodial parent copies of the information except as otherwise provided in §F of this regulation.
C. For purposes of this regulation, "school-related information provided to a custodial parent" means:
(1) Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on student and parent rights and responsibilities, school newsletters, school calendars, and notices of parent conferences, open houses, and plays; and
(2) Those student records which are provided to the custodial parent such as report cards, disciplinary notices, and special education notices.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.31 - Rights and Remedies Under Other Laws

Current through Register Vol. 51, No. 14, July 12, 2024
A parent or guardian may have additional rights and remedies to inspect and obtain copies of student records and other school-related information under State Government Article, 10-610-----10-628, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the procedures set forth in COMAR 13A.08.01.11E, the procedures set forth in this chapter apply to students with disabilities identified in accordance with COMAR 13A.05.01.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means an impartial hearing officer as defined in COMAR 13A.05.01.03B(31).
(2) "Business day" has the meaning stated in COMAR 13A.05.01.03B(9).
(3) "Controlled substance" means a drug or other substance identified under the Controlled Substance Act, 21 U.S.C. §
											812(c), section 202(c), schedules I-V.
(4) "FAPE" means a free appropriate public education as defined in COMAR 13A.05.01.03B(27) and implemented in accordance with COMAR 13A.05.01.
(5) "IEP" means an individualized education program as defined in COMAR 13A.05.01.03B(34) and developed in accordance with COMAR 13A.05.01.
(6) "IEP team" has the meaning stated in COMAR 13A.05.01.03B(35).
(7) Illegal Drug.
(a) "Illegal drug" means a controlled substance.
(b) "Illegal drug" does not include:
(i) A substance that is legally possessed or used under the supervision of a licensed health-care professional; or
(ii) A substance that is legally possessed or used under any other authority under the Controlled Substance Act or any other provision of federal law.
(8) "Public agency" has the meaning stated in COMAR 13A.05.01.03B(59).
(9) "School day" has the meaning stated in COMAR 13A.05.01.03B(66).
(10) "Serious bodily injury" means an injury inflicted on another individual that results in:
(a) A substantial risk of death;
(b) Extreme physical pain;
(c) Protracted and obvious disfigurement; or
(d) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty in accordance with 18 U.S.C. §
												1365(h)(3).
(11) "Student with a disability" has the meaning stated in COMAR 13A.05.01.03B(78).
(12) "Weapon" means a dangerous weapon as defined under §
										18 U.S.C. 930(g)(2).
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.03 - Authority of School Personnel - Removal of a Student with a Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Removal of a Student with a Disability for not More than 10 Consecutive School Days.
(1) A student with a disability may be removed from the student's current placement for not more than 10 consecutive school days for any violation of school rules to the same extent that removal is applied to students without disabilities.
(2) Unless it is determined that the removal constitutes a change of placement as described in Regulation .05 of this chapter, a student with a disability may be removed:
(a) To an alternative educational setting;
(b) To another setting; or
(c) By suspension.
(3) A public agency is not required to provide services to a student with a disability if services are not provided to students without disabilities.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.04 - Parental Notification

Current through Register Vol. 51, No. 14, July 12, 2024
On the date a student with a disability is removed from the student's current placement for a violation of a code of student conduct in accordance with Regulation .03B or .05 of this chapter, school personnel shall:
A. Notify the parents of the decision; and
B. Provide the parents with the procedural safeguards notice in accordance with COMAR 13A.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.05 - Change of Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Removal constitutes a change of placement if a student with a disability is:
(1) Removed from the student's current placement for more than 10 consecutive school days; or
(2) Subjected to a series of removals that constitutes a pattern of removal that accumulates to more than 10 school days in a school year.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.06 - Interim Alternative Educational Setting

Current through Register Vol. 51, No. 14, July 12, 2024
A. A public agency may remove a student with a disability for up to 45 school days to an interim alternative educational setting if, while at school, on school premises, or at a school function under the jurisdiction of the State or a public agency, the student:
(1) Carries or possesses a weapon;
(2) Knowingly possesses or uses an illegal drug;
(3) Sells or solicits the sale of a controlled substance; or
(4) Inflicts serious bodily injury on another person.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.07 - Responsibilities of the IEP Team

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IEP team shall meet within 10 business days of the removal of a student with a disability to develop an assessment plan if the IEP team has not:
(1) Conducted a functional behavioral assessment; and
(2) Implemented a behavioral intervention plan to address the behavior before the behavior occurred that resulted in the student's removal as set forth in Regulation .03B or .05 of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.08 - Manifestation Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IEP team shall meet to determine whether a student's behavior that resulted in a disciplinary removal is a manifestation of the student's disability each time the student is subject to a removal:
(1) As set forth in Regulation .03B of this chapter;
(2) That constitutes a change of placement in accordance with Regulation .05 of this chapter; or
(3) To an interim alternative educational setting in accordance with Regulation .06 of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.09 - Parents' Right to Appeal and Student Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15CC if the parents disagree with the public agency regarding:
(1) Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter;
(2) The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or
(3) The interim alternative educational setting, as set forth in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.10 - Students Not Yet Eligible for Special Education and Related Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a student who has not been identified as a student with a disability engages in behavior that violates any rule or code of conduct of the public agency, the student may assert protection under this chapter if the public agency had knowledge that the student was a student with a disability before the student engaged in the behavior that precipitated the disciplinary action.
B. A public agency shall be deemed to have knowledge that a student is a student with a disability if:
(1) The parent of the student expressed concern in writing to supervisory or administrative personnel of the public agency or a teacher of the student that the student is in need of special education and related services;
(2) The parents have requested an evaluation as set forth in COMAR 13A(1); or
(3) The student's teacher or other personnel of the public agency have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the public agency director of special education or other public agency supervisory personnel in accordance with COMAR 13A(1) or local child-find procedures.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.03 - Discipline of Students with Disabilities › Section 13A.08.03.11 - Referral to Law Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A public agency may report a crime committed by a student with a disability to appropriate law enforcement authorities consistent with State law and 34 CFR §
										300.535.
B. The public agency shall ensure that copies of the student's special education and disciplinary records are transmitted to the appropriate authorities to whom the public agency reported the crime, to the extent permitted, in accordance with COMAR 13A.08.02.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to the use of student behavior interventions by:
(1) Public agencies;
(2) The Residential Boarding Education Program for At-Risk Youth (SEED School);
(3) The Regional Institutes for Children and Adolescents, as defined by COMAR 10.21.06.02; and
(4) Nonpublic schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Behavior intervention plan.
(a) "Behavior intervention plan" means a proactive plan designed to address problem behavior exhibited by a student in the educational setting through the use of positive behavioral interventions, strategies, and supports.
(b) "Behavior intervention plan" includes:
(i) Clear and specifically defined targeted behaviors;
(ii) Data on the targeted behaviors, as collected through a functional behavior assessment;
(iii) Specific methods of data collection for progress monitoring; and
(iv) A hierarchy of responses to address student behavior.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.03 - Student Behavior Interventions

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. School personnel are encouraged to use an array of positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.
B. School personnel shall only use exclusion, restraint, or seclusion:
(1) After less restrictive or alternative approaches have been:
(a) Attempted; or
(b) Determined to be inappropriate;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.04 - Use of Exclusion

Current through Register Vol. 51, No. 14, July 12, 2024
A. School personnel may use exclusion to address a student's behavior:
(1) If the student's behavior unreasonably interferes with the student's learning or the learning of others;
(2) If the student's behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate;
(3) If exclusion is requested by the student; or
(4) If supported by the student's behavior intervention plan.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.05 - General Requirements for the Use of Restraint or Seclusion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of Restraint.
(1) Physical Restraint.
(a) The use of physical restraint is prohibited in public agencies and nonpublic schools unless:
(i) Physical restraint is necessary to protect the student or another individual from imminent, serious physical harm; and
(ii) Other less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.06 - Administrative Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each public agency and nonpublic school shall develop policies and procedures to address:
(1) A continuum of positive behavioral interventions, strategies, and supports for use by school personnel before exclusion, restraint, or seclusion;
(2) The prevention of self-injurious behaviors;
(3) Methods for identifying and defusing potentially dangerous behavior;
(4) The use and documentation of exclusion consistent with Regulation .04 of this chapter;
(5) The use of restraint consistent with Regulation .05A of this chapter;
(6) The use of seclusion consistent with Regulation .05B of this chapter; and
(7) The notification, review, and recommendation requirements consistent with §§E and F of this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.04 - Student Behavior Interventions › Section 13A.08.04.07 - Annual Data Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Restraint and Seclusion Data Reporting.
(1) On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on:
(a) The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement;
(b) The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement;
(c) For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and
(d) For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "County" means a county of this State and includes Baltimore City.
(2) "Informal kinship care" means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
(3) "Receiving agency" means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.
(4) "Relative" means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
(5) "Sending agency" means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, and as further defined in Education Article, §
										4-122.1, Annotated Code of Maryland.
(6) "Serious family hardship" means:
(a) Death of a parent or legal guardian of the child, supported by a copy of the death certificate or other proof;
(b) Serious illness of a parent or legal guardian of the child, supported by a copy of the doctor's report, note, or other proof;
(c) Drug addiction of a parent or legal guardian of the child, supported by documentation from a treatment provider or parent, or other proof;
(d) Incarceration of a parent or legal guardian of the child, supported by documentation from the legal system, detention center, or other proof;
(e) Abandonment by a parent or legal guardian of the child, supported by notarized statements from all legal guardians or documentation from court, social services, or other proof; or
(f) Assignment of a parent or legal guardian of a child to active military duty, supported by a copy of military orders or other proof.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county superintendent shall allow a child who is a Maryland resident to attend a public school in a county or school attendance area other than the county or school attendance area where the child is domiciled with the child's parent or legal guardian if:
(1) The child lives with a relative providing informal kinship care in the county or school attendance area; and
(2) The relative verifies the informal kinship care relationship through a sworn affidavit in the form and as specified in Regulations .04-.06 of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.03 - Notification and Financial Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each receiving agency shall:
(1) Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and
(2) Subject to Education Article, §
										4-122.1(b), Annotated Code of Maryland, make a preliminary determination of the sending agency that is financially responsible for each child under Education Article, §
										4-122.1(d), Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.04 - Affidavit Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The relative providing informal kinship care shall submit to the receiving agency an affidavit verifying the informal kinship care relationship.
B. The affidavit shall include:
(1) The name and date of birth of the child;
(2) The name and address of the child's parent or legal guardian;
(3) The name and address of the relative providing informal kinship care;
(4) The date the relative assumed informal kinship care;
(5) The nature of the serious family hardship and why it resulted in informal kinship care;
(6) The kinship relation to the child of the relative providing informal kinship care;
(7) The name and address of the school the child previously attended;
(8) Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system;
(9) Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll;
(10) Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attends a public school in the county; and
(11) Attached instructions that:
(a) Explain the necessity for both an affidavit and supporting documentation of the serious family hardship resulting in informal kinship care; and
(b) Encourage the relative providing informal kinship care to submit the affidavit and supporting documentation before September 30 of each year.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.05 - Affidavit Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. The affidavit shall be in the following form:
I, the undersigned, am 18 years old or older and competent to testify to the facts and matters set forth in this statement.
_________________ (name of child), whose date of birth is _________________, is living with me because of the following serious family hardship: (check each that is applicable)
______ death of father/mother/legal guardian
______ serious illness of father/mother/legal guardian
______ drug addiction of father/mother/legal guardian
______ incarceration of father/mother/legal guardian
______ abandonment by father/mother/legal guardian
______ assignment of a parent or legal guardian of a child to active military duty
The name and last known address of the child's parent(s) or legal guardian is:
___________________________________________________________
___________________________________________________________
___________________________________________________________
My kinship relation to the child is _________________________________
My address is
___________________________________________________________ Street Apt. No.
___________________________________________________________ City State Zip Code
I assumed informal kinship care of this child for 24 hours a day and 7 days a week on __________ (day/month/year).
The name and address of the last school that the child attended is:
___________________________________________________________
___________________________________________________________
The county superintendent may verify the facts contained in the foregoing affidavit and conduct an audit on a case-by-case basis after the child has been enrolled in the public school or county public school system. If the county superintendent discovers fraud or misrepresentation, the child shall be removed from the public school or county public school system roll.
I solemnly affirm under the penalties of perjury that the contents of the foregoing statement are true to the best of my knowledge, information, and belief.
___________________________________________________________ Signature of affiant
___________________________________________________________ (Day/month/year)
Any person who willfully makes a material misrepresentation in this affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attends a public school in the county.
B. Each local school system shall:
(1) Make affidavit forms, with attached instructions, available free of charge at the offices of each county board of education; and
(2) Advise inquirers that affidavit forms are also available at the local department of social services and the local area agency on aging.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.06 - Filing of Affidavit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The relative providing informal kinship care may file the original affidavit during a school year when the relative begins providing care to the child.
B. The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.
C. The relative providing informal kinship care shall submit, with the affidavit, supporting documentation of one or more serious family hardships, which includes, but is not limited to:
(1) Death certificate for death;
(2) Verification by physician or hospital for serious illness;
(3) Verification by treatment provider for drug addiction;
(4) Verification by legal system or detention center for incarceration;
(5) Notarized statements from legal guardians or verification from court or social services for abandonment;
(6) Military orders for assignment to military duty; and
(7) Where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.05 - Informal Kinship Care › Section 13A.08.05.07 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The county superintendent shall remove the child from the county public school system roll if fraud or misrepresentation is discovered after the child has been enrolled in the school system.
B. Any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attended a public school in the county.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.06 - Positive Behavioral Interventions and Support Program › Section 13A.08.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Alternative behavior modification program" means a research-based, positive and effective school-wide program that includes the following:
(a) Systems and practices that:
(i) Enhance the capacity for all children to be successful; and
(ii) Recognize appropriate behaviors and respond to behavioral violations; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.06 - Positive Behavioral Interventions and Support Program › Section 13A.08.06.02 - Administrative Procedures - Suspension Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:
(1) A PBIS; or
(2) An alternative behavioral modification program developed in collaboration with the Department.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.06 - Positive Behavioral Interventions and Support Program › Section 13A.08.06.03 - Administrative Procedures - Truancy Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:
(1) A PBIS; or
(2) An alternative behavior modification program developed in collaboration with the Department.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to promote the education and well-being of children in State-supervised care by facilitating:
A. The prompt enrollment of, placement of, and provision of appropriate services to children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and
B. The prompt transfer of the educational records of children in State-supervised care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Child in State-Supervised Care.
(a) "Child in State-supervised care" means a child who is in the custody of, committed to, or otherwise placed by a placement agency.
(b) "Child in State-supervised care" does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, §22-308, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Enrollment or Imminent Enrollment.
(1) Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
(2) The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.03-1 - Enrollment Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The persons authorized to enroll a child in State-supervised care in school are:
(1) A parent, as defined in Regulation .02B(6) of this chapter;
(2) A placement agency caseworker;
(3) A foster parent, even if the foster parent has not been granted limited guardianship for educational decision making;
(4) A formal kinship care provider;
(5) A parent surrogate;
(6) An education guardian;
(7) A residential child care program representative;
(8) The student, if the student is 18 years old or older;
(9) A court-appointed special advocate; or
(10) A court-appointed attorney.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.03-2 - Record-Sharing Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to the requirements of Regulation .03B of this chapter, the receiving school shall request the child's educational records from the sending school.
B. Pursuant to the requirements of Regulation .03C of this chapter, the sending school shall send the complete student record as described in the Maryland Student Records System Manual.
C. If the sending school does not have or does not provide the records and the placement agency has access to them, the placement agency shall provide to the receiving school:
(1) If applicable, the IEP or Section 504 Plan;
(2) Immunization records;
(3) If applicable, a blood lead testing certificate;
(4) A birth certificate or other proof of age; and
(5) Health records that are educationally relevant.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.03-3 - Post-Enrollment Educational Decision Making

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "General education decisions" means decisions involving nonspecial education services, including, but not limited to:
(i) Field trip authorization;
(ii) Parent-teacher conferences;
(iii) Signing report cards;
(iv) Guidance office matters;
(v) Choice of academic programs and courses;
(vi) Career program choices;
(vii) Testing authorization;
(viii) Special programs authorization, for example, for sex education or armed forces recruiting;
(ix) Choice of magnet school or other nonzoned schools;
(x) School health-related decisions;
(xi) School discipline;
(xii) Sports and other extracurricular participation; and
(xiii) Parental options under No Child Left Behind.
(b) "Parent surrogate" has the meaning stated in Education Article, §
											8-412(a)(6), Annotated Code of Maryland.
(c) "Special education decisions" means all decisions relating to identification, evaluation, educational placement, or discipline of a child with a disability as defined in Education Article, §
											8-401, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.03-4 - Coordination

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to establish direct communication channels between the local school system and the placement agency, each local school system and each placement agency shall identify a contact person to address issues of coordination, information sharing, decision making, and problem solving on behalf of children in State-supervised care.
B. On or before August 15 of each year, each local superintendent shall inform the State Superintendent of Schools of the contact information for the designated contact person. At the beginning of each school year, the State Superintendent shall compile a master list of the contact persons for the school systems and provide the master list to the Director of Social Services at the Department of Human Resources.
C. On or before August 15 of each year, each placement agency shall inform the Director of Social Services of the name and contact information of the placement agency's contact person. The Director of Social Services shall compile a master list and provide it to the State Superintendent of Schools, who will disseminate it to the local superintendents.
D. To the extent practicable, each local school system shall place the contact information required under this regulation on its website.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.04 - Dispute Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each local board of education shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights set forth in this chapter.
B. Each local board of education shall establish procedures to implement the dispute resolution process that set forth, at a minimum:
(1) The requirements for filing a request for dispute resolution;
(2) A deadline for the filing of the request; and
(3) Reasonable time frames for completion of the other aspects of the dispute resolution process.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.05 - Assurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each local board of education and noncollegiate educational institution shall take reasonable measures to implement this chapter.
B. Each local board of education shall certify annually in writing to the State Superintendent of Schools that:
(1) The local board has provided notice to:
(a) Principals, teachers, and other school personnel in the school system of the requirements set forth in this chapter;
(b) Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights set forth in this chapter; and
(c) Other interested parties of the requirements and rights set forth in this chapter; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care › Section 13A.08.07.06 - School Stability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. Children in foster care are children in State-supervised care to whom special provisions apply under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and under Education Article, §
									7-101(b)(2)(ii), Annotated Code of Maryland. The purpose of this regulation is to implement the educational stability requirements of those laws.
B. Terms Defined. In this regulation, the following terms have the meaning indicated:
(1) "Child welfare agency" means local department of social services or Department of Juvenile Services.
(2) "Enroll" and "enrollment" means attending classes and participating fully in school activities.
(3) Foster Child.
(a) "Foster child" means a child in the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services;
(b) "Foster child" does not include a child awaiting foster care placement as defined in COMAR 13A.05.09.02B or a child in any of the following placements:
(i) A detention facility;
(ii) A forestry camp;
(iii) A training school;
(iv) A State-owned and State-operated facility that accommodates more than 25 children; or
(v) Any other facility operated primarily for the detention of children who are determined to be delinquent.
(4) "Receiving school" means the school serving the geographic attendance area where the child welfare agency has placed the foster child.
(5) "Receiving school system" means the local school system serving the jurisdiction where the child welfare agency has placed the foster child.
(6) "School of origin" means the school the foster child attended prior to the most recent change in placement by the child welfare agency.
(7) "School system of origin" means the local school system serving the jurisdiction where the school of origin is located.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.01 - General Regulations › Section 13A.09.01.01 - Use of Names

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. 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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.01 - General Regulations › Section 13A.09.01.03 - Tentative Approval

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. A school, except a school operated by a bona fide church organization, may not operate without a Certificate of Approval from the State Board.
C. 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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.03 - Certificate of Approval for the Educational Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. 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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.04 - Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A legal authority shall comply with this chapter as the condition for maintaining a Certificate of Approval issued by the State Board.
B. The chief officer of the legal authority of a school shall provide all certifications and other documentation required by this chapter.
C. 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.
D. 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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.05 - Statement of Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. A school shall have a written statement of purposes.
B. A school shall give annually to the parents or legal guardians of prospective and enrolled students a copy of its written statement of purposes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.06 - Personnel Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 09 - NONPUBLIC SCHOOLS › Chapter 13A.09.09 - Educational Programs in Nonpublic Schools › Section 13A.09.09.07 - Educational Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.