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Title: Compliance with COMAR 13A.09.10 Educational Programs in Nonpublic Schools And Child Care And Treatment Facilities


1
Compliance with COMAR 13A.09.10Educational
Programs in Nonpublic Schools And Child Care
And Treatment Facilities
  • Type I Special Education Schools
  • Type I General Education Schools
  • Type II Special Education Schools
  • Type II General Education Schools

Maryland State Department of Education Nonpublic
School Approval Branch 200 West Baltimore
Street Baltimore, MD 21201 (410) 767-0408
2
General Information
  • As applicable, all pages of this document
    pertain to both general and special education
    programs unless otherwise indicated in the title
    or text of the page.
  • This document appears as a PowerPoint
    presentation at the Nonpublic School Approval
    Branch (NSAB) website www.msde.state.md.us/nonpub
    lic.
  • Clicking on the Compliance Information for Type
    I General and Special Education Programs icon
    will open the revised PowerPoint presentation.
  • Click on the flashing Important News icon on
    the NSAB website to view current communication
    from NSAB and the following policies and
    procedures referenced in this presentation
  • Policies and Procedures for Ordering a School
    that Does Not Demonstrate Compliance with COMAR
    13A.09.10 to Cease Operating
  • (continued on slide 3)

3
General Information (contd.)
  • Policies and Procedures for Educating a Student
    with an Individualized Education Program
    (IEP) in a Type I Nonpublic General Education
    Program Approved under COMAR 13A.09.10

4
Definition of Policy and Procedures
  • Policy
  • For purposes of compliance with COMAR 13A.09.10,
    a policy is a statement of the schools intention
    to comply with a specific regulatory requirement.
    The regulatory requirement must be stated in the
    schools policy.
  • Procedures
  • Procedures are the standard actions a school will
    take to implement the written policy.
  • Procedures state
  • each specific activity to be carried out
  • the specific position that will be responsible
    for the specified activities
  • when each activity is to be done
  • how it is to be done and
  • specific forms to be used.

5
COMAR 13A.09.10.03B. Approval Documents for the
Educational Program Letter of Tentative Approval
  • If the Department has ascertained that a school
    has met the requirements of COMAR 13A.09.10, the
    Department shall issue a Letter of Tentative
    Approval to the Legal Authority of the school to
    begin to operate.

6
COMAR 13A.09.09.03C. Approval Documents for the
Educational Program Certificate of Approval
  • If the State Board has ascertained that a school
    has demonstrated ongoing compliance with these
    regulations within a period not to exceed the
    first 3 years of operation, the State Board shall
    issue a Certificate of Approval to the Legal
    Authority of the school.

7
COMAR 13A.09.10.03D.(4) Classification of the
Educational Program
  • The approval document (Letter of Tentative
    Approval or Certificate of Approval) is limited
    to the following specifications as recorded on
    it
  • Name of the school
  • Location of the school
  • Legal Authority (entity officially registered
    with the Maryland Department of Assessments and
    Taxation) that is responsible for governing and
    operating the school and
  • Classification of the educational program to
    include one or more of the following
  • (continued on slides 8 and 9)

8
COMAR 13A.09.10.03D.(4) Classification of the
Educational Program (contd.)
  • Type I, Type II, or Type III, or a combination of
    these
  • Nursery school, kindergarten, grades 1-12, or a
    sequential combination of these
  • Adult basic education program
  • Pre-GED Program
  • GED TESTS preparation program
  • Career development educational program
  • Technology educational program
  • (continued on slide 9)

9
COMAR 13A.09.10.03D.(4) Classification of the
Educational Program (contd.)
  • Special education and related services that
    include one or a combination of the following
  • Full-day special education and related services
  • Partial-day special education and related
    services
  • Residential special education and related
    services
  • Disability or disabilities of students
  • Ages of students
  • Nursery school or kindergarten or grades 1-12 or
    any sequential combination of these
  • Nongraded educational program to include the ages
    of the students enrolled
  • Early childhood educational program.

10
COMAR 13A.09.10.03E. Operation Consistent with
Specifications on Approval Document
  • A school is required to operate consistent with
    the specifications recorded on its Letter of
    Tentative Approval or Certificate of Approval.
  • Note
  • See Slide 7 for the specifications recorded in
    the Letter of Tentative Approval and on the
    Certificate of Approval.

11
COMAR 13A.09.10.03F. Assignment or Transfer of
Approval Document Not Permitted
  • A school may not assign or transfer its approval
    document without the approval of the State Board.
  • The approval of the State Board is obtained
    through the process of amending the schools
    approval document to reflect the name of the
    Legal Authority to whom the approval document is
    being assigned or transferred. For description
    of amendment process, see slide 13.

12
COMAR 13A.09.10.03G. Approval Document Posted
  • A school is required to post its Letter of
    Tentative Approval or Certificate of Approval in
    a conspicuous place on the premises to which it
    applies.

13
COMAR 13A.09.10.03H. Amendments to the
Specifications Appearing on the Approval Document
of a School
  • When a school is planning a change to the
    specifications recorded on its Letter of
    Tentative Approval or Certificate of Approval, it
    is required to
  • Notify the Department in writing at least 60 days
    before the occurrence of any change
  • Furnish information that the State Board
    considers necessary to approve the change planned
    by the school and
  • Certify compliance with COMAR 13A.09.10 on forms
    provided by the Department.
  • Note
  • Once the Department receives the written
    request for an amendment to the specification(s)
    on the schools Letter of Tentative Approval or
    Certificate of Approval, the Department will send
    the school an amendment letter specifying the
    documentation required for the Department to
    approve the amendment.

14
COMAR 13A.09.10.03I.-J. Limitations on Operation
  • A school may not implement a change in the
    operation of the school that differs from the
    specifications appearing on its approval document
    unless the State Board has approved the change(s)
    in operation and issued an amended approval
    document that reflects the approved change(s) in
    the schools operation.
  • When the Department has placed a school on
    intensive monitoring, the Department may not
    approve an additional classification.

15
COMAR 13A.09.10.03K.-L. and Annotated Code of
Maryland, Education Article, 2-206 (g)-(i)
Approval Document Becomes Null and Void
  • The approval document of a school becomes null
    and void if the Legal Authority
  • Ceases operating the educational program, in
    which case the school is required to inform the
    Department in writing at least 30 days before the
    educational program ceases operating
  • Is ordered by the State Board to cease operating
    the educational program because of noncompliance
    with COMAR 13A.09.10 and the Legal Authority does
    not appeal that order or
  • Is ordered by the State Board to cease operating
    the educational program because of noncompliance
    with COMAR 13A.09.10 and that decision is upheld
    through the judicial review process.

16
COMAR 13A.09.10.04A. Compliance
  • A school is required to comply with COMAR
    13A.09.10 as the condition for maintaining an
    approval document issued by the State Board.

17
COMAR 13A.09.10.04B. Annual Report
  • The school is required to file its Annual Report
    with the Department according to the date
    determined by the Department. That date is
    specified on the Annual Report.
  • Submission of the completed Annual Report means
    that the school has reviewed the Annual Report
    for accuracy of the approval and other
    information appearing on the front side of Annual
    Report. The information appearing on the Annual
    Report is the official information maintained by
    the Department about the school.
  • If any information appearing on the schools
    Annual Report is inaccurate, the school is
    required to cross out the incorrect information
    and write in the correct information directly on
    the Annual Report.
  • (continued on slide 18)

18
COMAR 13A.09.10.04B. Annual Report (contd.)
  • The school is also required to complete the
    Certification of Compliance section of the Annual
    Report. Completion of this section requires the
    school to determine its compliance with COMAR
    13A.09.10 and to report the results of that
    determination to the Department.
  • Note
  • A school must submit a complete and accurate
    Annual Report to be in compliance with COMAR
    13A.09.10.04B.

19
COMAR 13A.09.10.04C. Open for Inspection
  • A school is required to be open for inspection by
    the Department for the following reasons
  • To verify compliance with COMAR 13A.09.10 for the
    purpose of initial issuance of an approval
    document
  • To monitor a schools ongoing compliance with
    COMAR 13A.09.10
  • To investigate written complaints relating to
    COMAR 13A.09.10 and
  • To conduct intensive monitoring of a school.

20
COMAR 13A.09.10.05A.-B. Procedures and Sanctions
for Noncompliance
  • If the Department believes that a school does not
    meet the conditions or standards on which the
    approval document of the school was based, the
    Department is required to implement the following
    procedures
  • Identify a school that fails to comply with COMAR
    13A.09.10
  • Notify the school in writing of its placement on
    intensive monitoring by the Department
  • Refer the school simultaneously for cessation of
    the State share of nonpublic tuition assistance
    for future placements in nonpublic special
    education schools made pursuant to Education
    Article, 8-406, Annotated Code of Maryland
  • Monitor the school intensively and
  • If required, refer the school to the State Board.
  • (continued on slides 21 and 22)

21
COMAR 13A.09.10.05C.-E. Procedures and Sanctions
for Noncompliance (contd.)
  • If the State Board believes that the school does
    not meet the conditions or standards on which its
    approval document was based, the State Board
    shall give the school written notice of the
    deficiencies and direct the school to correct the
    deficiencies within a period of not less than 30
    days.
  • The school may request a hearing if the school
    files a written request with the State Board
    within 20 days of receipt of the notice of
    deficiencies.
  • If the school fails to correct the specified
    deficiencies within the period set by the State
    Board and a hearing is not requested, the State
    Board is required to issue an order to the school
    to cease operating the educational program.
  • (continued on slide 22)

22
COMAR 13A.09.10.05F.-G. Procedures and Sanctions
for Noncompliance (contd.)
  • If a hearing is requested and after that hearing
    the State Board finds that the conditions or
    standards on which the approval document was
    based are not met, the State Board shall issue an
    order to the school to cease operating the
    educational program.
  • A school has the right to judicial review of a
    State Board determination as provided by State
    Government Article, 10-222, Annotated Code of
    Maryland.
  • Note
  • Refer to the Departments Policies and
    Procedures for Ordering a School that Does Not
    Demonstrate Compliance with COMAR 13A.09.10 to
    Cease Operating for complete information
    regarding procedures and sanctions for
    noncompliance.

23
COMAR 13A.09.10.06A.-B.Certification of
Compliance Forms on File with Department
  • The Legal Authority of the school is required to
    certify that the school is in compliance with the
    requirements for
  • Criminal background checks for all required staff
    as specified in Family Law Article, Title 5,
    Subtitle 5, Annotated Code of Maryland
  • Reporting suspected child abuse and neglect as
    specified in Family Law Article, Title 5,
    Subtitle 7, Annotated Code of Maryland and
  • Nondiscrimination based on race, color, or
    national origin as specified in Education
    Article, 2-206(e)(3), Annotated Code of
    Maryland.
  • (continued on slide 24)

24
COMAR 13A.09.10.06A.-B.Certification of
Compliance Forms on File with Department (contd.)
  • The Legal Authority shall certify compliance
    with the preceding three requirements on forms
    provided by the Department.
  • Note
  • The Legal Authority submits each form once. If
    the Legal Authority, name of the Legal Authority,
    name of the school, or location of the school, or
    any combination of these specifications changes,
    the Legal Authority is required to certify its
    compliance with these requirements of Annotated
    Code of Maryland on new Certification of
    Compliance forms provided by the Department and
    to submit them to the Department.

25
COMAR 13A.09.10.07A.-B. Health, Fire Safety, and
Zoning
  • For initial approval, and as a condition of
    occupancy of a facility used by a school, a
    school is required to submit written
    documentation on the forms provided by the
    Department, completed by the responsible approval
    or licensing authorities, that verifies that the
    location and facilities to be used by the school
    are in compliance with applicable health, fire
    safety, and zoning regulations.
  • Note
  • Documentation of compliance is accepted only on
    the forms provided by the Department.
  • For continued approval, and as a condition of
    continued use of a facility by a school, a school
    shall maintain valid documentation of compliance
    with applicable heath, fire safety, and zoning
    regulations for the location and facilities used
    by the school.
  • (continued on slides 26 and 27)

26
COMAR 13A.09.10.07C. Health, Fire Safety, and
Zoning (contd.)
  • A school that operates at a location licensed by
    another unit of State government (the Department
    of Juvenile Justice, the Social Services
    Administration of the Department of Human
    Resources, the Office of Health Care Quality, or
    the Developmental Disabilities Administration of
    the Department of Health and Mental Hygiene) to
    provide care or treatment, or both, shall meet
    the following requirements
  • For initial approval, and as a condition of
    occupancy of any facility used by a school, a
    school is required to submit a copy of the valid
    license issued by another unit of State
    government for the location and facilities to be
    used by the school and
  • For continued approval, and as a condition of
    continued use of any facility by a school, a
    school is required to maintain a copy of the
    valid license issued by another unit of State
    government for the location and facilities used
    by the school.
  • (continued on slide 27)

27
COMAR 13A.09.10.07D. Health, Fire Safety, and
Zoning (contd.)
  • A school that operates at a location other than
    the location licensed by another unit of State
    government to provide care or treatment, or both,
    is required to meet the following requirements
  • For initial approval, and as a condition of
    occupancy of any facility used by a school, a
    school is required to submit written
    documentation on forms provided by the Department
    that the location and facilities to be used by
    the school are in compliance with applicable
    health, fire safety, and zoning regulations.
  • For continued approval, and as a condition of
    continued use of any facility used by a school, a
    school is required to maintain valid
    documentation of compliance with applicable
    health, fire safety, and zoning regulations for
    the location and facilities used by the school.

28
COMAR 13A.09.10.07E. Scoliosis Screening
  • A school, in conjunction with the local health
    department, is required to provide scoliosis
    screening tests for all students at least once in
    grades 6-8.
  • Note
  • This regulation does not apply to students in a
    school whose Letter of Tentative Approval or
    Certificate of Approval specifies the educational
    program approval classification of nongraded
    educational program.

29
COMAR 13A.09.10.08 Public Relations
  • The public relations information of a school is
    required to be accurate, and may not be erroneous
    or misleading, by actual statement, omission, or
    inference.
  • The public relations information of the school
    must be consistent with each of the
    specifications appearing on the schools approval
    document.
  • When one or more of the approval specifications
    appear in the public relations information of the
    school, those specification(s) must be
    consistent with the name of the Legal Authority,
    the name of the school, the location address of
    the schools operation, and the specific
    educational program(s) and disability(ies) served
    as they appear on the schools approval document.
  • (continued on slide 30)

30
COMAR 13A.09.10.08 Public Relations (contd.)
  • The public relations information of the school
    means information disseminated to the public
    orally, in writing, or electronically by the
    school. The specific forms of those
    communications may include, but are not limited
    to, the following the world wide web, radio,
    television, and written documents such as
    brochures, the written description of the
    educational program, the parent handbook, and/or
    the schools newsletter.
  • The public relations information of the school
    also includes information that the school
    disseminates about itself through third party
    means such as the publications of professional
    organizations.

31
COMAR 13A.09.10.09A. Type I Educational Program
  • A Type I educational program is one or a
    combination of the following instructional
    programs provided by a school, on the grounds of
    the school, on a full-time basis to students who
    are enrolled in the instructional program of the
    school
  • Nursery school, kindergarten, elementary school,
    secondary school, or a combination of two or more
    sequential levels
  • Adult basic education
  • Pre-GED program
  • GED TESTS preparation program
  • Career development educational program
  • Technology educational program
  • Early childhood educational program and/or
  • (continued on slide 32)

32
COMAR 13A.09.10.09A. Type I Educational Program
(contd.)
  • Special education and related services, which
    includes a nongraded educational program in which
    instruction is not based on the grade of
    enrollment but rather on ability, or achievement,
    or both.
  • Note
  • A nongraded educational program is not an
    instructional program in which a teacher provides
    instruction to students in two or more different
    grades within the same classroom.

33
COMAR 13A.09.10.09B. Written Description of the
Educational Program - Components
  • A school is required to have a written
    description of its educational program prepared
    as a single narrative that includes the
    following
  • A statement of the purpose or goals toward which
    the educational programs efforts are directed
  • Legal Authority responsible for governing and
    operating the educational program
  • (continued on slides 34 -36)

34
COMAR 13A.09.10.09B. Written Description of the
Educational Program Components (contd.)
  • Table of of organization or organizational chart
    to include
  • The name of the Legal Authority as registered
    with the Maryland Department of Assessments and
    Taxation
  • The governing board of the Legal Authority (e.g.
    the Board of Directors, if such a body exists)
  • The specific organizational structure and
    components of the educational program that
    reflect the supervisory structure within each
    component and between components. The following
    specific components should be included
  • governing board of the Legal Authority
  • administration of the school
  • teachers (It is highly recommended that the table
    of organization include positions, not
    names/numbers, for staff.)
  • other educational staff (e.g. aides)
  • if applicable, related services staff and
  • if applicable, any other program components
    governed and operated by the same Legal Authority
    at the same location.
  • (continued on slides 35 and 36)

35
COMAR 13A.09.10.09B. Written Description of the
Educational Program Components (contd.)
  • Student enrollment capacity and characteristics,
    including the ages, gender(s), and
    disability(ies), if applicable
  • Educational program or programs offered and
    disability(ies) served, if approved to provide
    special education, based on the classification(s)
    documented on the schools Certificate of
    Approval or Letter of Tentative Approval
  • Staff employed to implement the educational
    program, including related services staff in
    special education programs (This description must
    be consistent with the description of the staff
    appearing in the table of organization. It is
    highly recommended that the table of organization
    include positions, not names/numbers, for
    staff.) and
  • Written description (not a blueprint or other
    diagrammatic representation) of the physical
    facilities used by the school.
  • Note
  • It is highly recommended that the written
    description of the schools educational program
    include the schools name as it appears on the
    approval document of the school, address, and
    phone number.
  • (continued on slide 36)

36
COMAR 13A.09.10.09.B. Written Description of the
Educational Program - Distribution
  • A school is required to distribute its written
    description of its educational program to public
    agency placement officials.
  • The school must maintain documentation describing
    the schools schedule for distributing the
    written description of the educational program to
    public agency officials as evidence of compliance
    with this regulation.

37
COMAR 13A.09.10.09C. and .13C. Teacher
Implements Educational Program
  • A teacher is required to implement the
    educational program for each class.
  • A school is required to employ teachers and any
    required related services staff, whether employed
    on a full-time, part-time, voluntary, or
    contractual basis.
  • A teacher is an individual who holds the
    appropriate Maryland teacher certificate for
    his/her assignment as specified in slides
    124-127.
  • If a teacher does not hold a Maryland
    professional teacher certificate, the teacher may
    hold a Maryland provisional teacher certificate.
    If a teacher holds a Maryland provisional
    certificate, the teacher is required to meet the
    certification requirements set forth in the
    Departments evaluation of the teachers
    credentials.

38
COMAR 13A.09.10.09C. Ratio of Students to
Teachers in a General Education Program
  • With the exception of a full-day special
    education or residential special education
    program, a school may not assign more than 10
    students to a teacher unless the Department
    approves a written justification submitted by the
    school. The justification is required to provide
    an educationally sound basis upon which to
    approve the request for the number of students in
    excess of 10.
  • Note
  • The written justification is submitted to the
    Accreditation Specialist assigned to the school.
    It must specify the specific educational
    programming enhancements that justify the request
    for the number of students in excess of 10.

39
COMAR 13A.09.10.09C. Aides in a Nursery School
and Kindergarten General Education Program
  • With the exception of a full-day special
    education or residential special education
    program, a school shall assign a full-time aide
    to each class of students enrolled in a nursery
    school or kindergarten.

40
COMAR 13A.09.10.09.D. Admissions Criteria
  • A school shall have a written statement of
    admissions criteria that include, but are not
    limited to, the following components
  • Age(s)
  • Gender(s)
  • Disability(ies), if the school provides special
    education
  • Academic performance levels - levels of
    instruction
  • Specific observable behavioral characteristics
    appropriate for admission and
  • Specific observable behavior or other
    characteristics that would not be appropriate for
    admission.

41
COMAR 13A.09.10.09D. Admission of Students with
an IEP in a General Education Program
  • A school shall maintain and implement legally
    sufficient policies and procedures for the
    admission of a student with special education
    needs into a general education program.
  • Note
  • See the document, Policies and Procedures for
    Educating a Student with an Individualized
    Education Program (IEP) in a Type I Nonpublic
    General Education Program Approved under COMAR
    13A.09.10. This document provides specific
    information regarding the requirements applicable
    to maintaining and implementing legally
    sufficient policies and procedures for the
    admission of a student with special education
    needs into a general education program.

42
COMAR 13A.09.10.09D. Distribution of Written
Statement of Admissions Criteria
  • On an annual basis, or more frequently as needed,
    a school is required to distribute its written
    statement of the criteria for admission to the
    school to the placement unit of each agency
    placing a student in the educational program.
  • A school is required to maintain documentation
    describing the schools schedule for distributing
    the schools criteria for admission to the
    placement unit of each agency placing a student
    in the educational program.

43
COMAR 13A.09.10.09E. Previous Student Records on
File
  • Except for a student enrolled in a nursery school
    or kindergarten, a school is required to have on
    file the previous student record of each student.
  • To assist in determining the appropriate program
    placement or grade placement, or both, within the
    educational program, before a student is
    enrolled in a school, a school is required to
    review the student record maintained by the
    school the student attended most recently.
  • If the previous student record of a student is
    not available before enrollment, a school shall
    document, within 5 days of placement, diligent
    efforts to acquire the previous student record of
    each student.

44
COMAR 13A.09.10.09E. Student Record
  • A school is required to maintain student record
    information in a standard format developed by the
    school that includes items a.h. for each
    student.
  • a. Schools name
  • b. Schools location address
  • c. Schools telephone number
  • d. Students first, middle, and last names
  • e. Month, day, and year of students birth
  • f. Students home address (the address of the
    parent or legal guardian)
  • g. Month, day, and year student initially
    entered
  • h. Month, day, and year student withdrew
  • i. Students specific days of attendance
  • j. Students performance information or grades,
    or both, as appropriate in each curricular
    area and
  • k. Students PEP or IEP, or both, as applicable.
  • Note
  • The secondary school transcript of a school can
    be used to meet the student record requirements
    for a.-h. above. If the secondary school
    transcript is used to meet the requirements of
    a.-h. above, a secondary school must also
    maintain documentation of i.-k. above.

45
COMAR 13A.09.10.09E. Student Record Provided
Upon Discharge
  • A school is required to give a copy of the
    completed student record form of each student to
    the representative of the placing agency of each
    student upon discharge from the school.
  • Note
  • This requirement does not apply to students
    placed by a local school system in a special
    education program.

46
COMAR 13A.09.10.09F. Personal Education Plan
(PEP) in a General Education Program
  • A PEP is required to be in the student record of
    each student enrolled in a general education
    program for all or the part of the school day
    that the student is not enrolled in a partial day
    special education program and is required to
    contain the following components
  • Students first, middle, and last names
  • Students gender
  • Month, day, and year of students birth
  • Projected beginning month, day, and year and
    ending month and year of implementation of PEP
  • Grade level of students performance in reading
    and mathematics
  • Standardized or diagnostic tests, or both, used
    to determine grade level of students performance
    in reading and mathematics and month, day, and
    year of administration
  • (continued on slide 47)

47
COMAR 13A.09.10.09F. Personal Education Plan
(PEP) in a General Education Program (contd.)
  • Educational program or programs in which student
    is enrolled based on the classification that
    appears on the schools approval document
  • Schedule of students classes and teachers
  • Secondary school credits earned, and to be
    earned, if applicable
  • Summary of Maryland Functional Test requirements
    and any other applicable State test requirements
    that have been met and those that have not been
    met, as applicable
  • Transition plan to prepare student for specific
    further education or training, or employment, or
    independent living, or any combination of these
  • Month, day, and year of PEP development and
  • Signature of individual who prepared PEP.
  • The current PEP of each student is required to be
    available in the classroom of each student.

48
COMAR 13A.09.10.09G. Behavior Management
Policies and Procedures
  • If appropriate to the educational and behavioral
    needs of the students enrolled, the school is
    required to maintain a comprehensive document
    that includes a complete statement of the
    schools behavior management policies and
    procedures.
  • The schools behavior management policies and
    procedures are required to include
  • All aspects of behavior management policies and
    procedures implemented by the school
  • Clear direction to staff regarding the
    implementation of the behavior management
    policies and procedures of the school, including,
    but not limited to, the following
  • A description of each behavior management
    technique used by the school, e.g., point level
    system, school store, therapeutic hold, passive
    physical restraint, in-school suspension,
    out-of-school suspension
  • The specific forms to be completed to document
    implementation of each specific behavior
    management practice
  • (continued on slide 49)

49
COMAR 13A.09.10.09G. Behavior Management Policies
and Procedures (contd.)
  • Methods used to train staff in implementing
    behavior management practices to include initial
    training of staff within a specific of days of
    date of hire and schedule for ongoing staff
    training in specific practices used by the school
    such as TACT-2, CPI, Positive Behavioral
    Interventions and Supports (PBIS) and Mandt
  • Procedures for notifying the parent or the local
    school system, or both, regarding the
    implementation of specific practiceswhat means
    does the school use to notify parents and the
    local school system about the implementation of
    specific practices and
  • Procedures for reviewing behavior management data
    and the purpose of such review to include
    schedule for review of data, staff responsible
    for review of data, and purpose for review of
    data.
  • (continued on slide 50)

50
COMAR 13A.09.10.09G. Behavior Management Policies
and Procedures (contd.)
  • Note
  • If the required behavior management policies
    and procedures are a part of a more comprehensive
    document, a school must be able to identify the
    specific pages of that comprehensive document
    that contain the behavior management policies and
    procedures that demonstrate compliance with each
    of the preceding regulations.
  • It is highly recommended that the schools
    behavior management policies and procedures be
    organized in a paginated format and include a
    cover page and table of contents. This
    organization will facilitate staff use of the
    schools behavior management policies and
  • procedures.

51
COMAR 13A.09.10.09H. Privacy Rights Policies
and Procedures
  • For the purpose of the following requirements
    pertaining to privacy rights policies and
    procedures, when a student becomes 18 years old,
    the rights accorded to and consent required of
    the parent of the student are accorded to and
    required only of the eligible student, unless
    otherwise prohibited.
  • The school is required to have written policies
    and procedures on protecting the right of privacy
    of students and their parents relative to access
    to, and release of, records of individual
    students that include all of the following
  • A policy statement assuring that all records
    pertaining to a student are available to that
    students parent(s)/legal guardian(s) for
    inspection or review
  • Procedures specifying whether parent(s)/legal
    guardian(s), who request to inspect and review
    their childs records, is/are required to make a
    verbal or written request and to whom the request
    must be made
  • (continued on slides 52 and 53)

52
COMAR 13A.09.10.09H. Privacy Rights Policies
and Procedures (contd.)
  • A policy statement assuring that the school may
    not disclose personally identifiable information
    from a students record without prior written
    consent of the students parent(s)/legal
    guardian(s) unless otherwise allowed by law
  • Procedures whereby the school is required to
    maintain a written record of requests for, and
    disclosure of, personally identifiable
    information from the students record that
    includes the
  • Name of the reviewer
  • Month, day, and year of the review
  • Purpose of the review and
  • Procedures for informing parents of these
    policies and procedures.
  • (continued on slide 53)

53
COMAR 13A.09.10.09H. Privacy Rights Policies
and Procedures (contd.)
  • A schools written policies and procedures on
    protecting the right of privacy of students and
    their parent(s)/legal guardian(s) specified in
    slides 50-51 may not abrogate the privacy rights
    of a student or the parent(s)/legal guardian(s)
    of the student under applicable federal and state
    law.

54
COMAR 13A.09.10.09I. Instructional Materials and
Equipment to Implement the Educational Program
  • A school is required to own instructional
    materials and equipment of sufficient variety
    (print, manipulative, audio-visual, and
    electronic materials and related equipment),
    quantity, and quality, and, at an appropriate
    range of reading levels, to implement the
    educational program in each curricular area for
    each age, grade, or instructional program, or any
    combination of these, based on the classification
    of the educational program specified on the
    approval document of the school.
  • A school is required to maintain a written
    inventory of its instructional materials and
    equipment. The inventory is required to be
    organized by subject for each age/age grouping or
    grade or instructional program or any combination
    of these, based on the classification of the
    educational program specified on the approval
    document of the school. The inventory may be
    maintained in a paper or electronic format.
  • (continued on slide 55)

55
COMAR 13A.09.10.09I. Instructional Materials and
Equipment to Implement the Educational Program
(contd.) Upgrading
  • A school is required to have written policies and
    procedures for upgrading its instructional
    materials and equipment.
  • Note
  • Typical components of these policies and
    procedures include who is responsible for
    reviewing the instructional materials and
    equipment, how the responsible person conducts
    the review, and how often the school reviews its
    instructional materials and equipment in order to
    upgrade when needed.

56
COMAR 13A.09.10.09J. Library Media Collection
  • A school is required to own a library media
    collection that includes sufficient variety,
    quantity, and quality of print and nonprint
    items, including electronic materials, and
    related equipment, at appropriate reading levels,
    to support and supplement its educational program
    in each curricular area for each age, grade, or
    instructional program, or a combination of these,
    based on the classification of the educational
    program specified on the approval document of the
    school.
  • Note
  • Instructional materials and equipment are
    required to implement the
  • curriculum.
  • Library media collection items are required to
    support and to
  • supplement implementation of the curriculum.
  • (continued on slides 57 - 61)

57
COMAR 13A.09.10.09J. Library Media Collection
Item Count Sufficient
  • The school is required to maintain documentation
    of a minimum quantity of nonduplicated library
    media materials and equipment based on its
    current enrollment as follows
  • 10 different items per student for an early
    childhood education program, nursery school,
    kindergarten, or any combination of these
  • 500 different items for a school up to 25
    students
  • 750 different items for a school with 25 to 75
    students, or 20 items per student, whichever is
    greater and
  • 1,500 different items for a school with more than
    75 students, or 20 items per student, whichever
    is greater.
  • Note
  • A subscription or multiple copies of an item
    count as one item.
  • (continued on slides 58 - 61)

58
COMAR 13A.09.10.09J. Library Media Collection
Classification and Cataloguing
  • A school is required to classify and catalogue
    the library media collection in a manner
    appropriate for student use and so that each item
    can be located and returned to the collection.
  • Examples of classification systems include, but
    are not limited to, Dewey Decimal, Library of
    Congress, color coding, and picture coding.
  • (continued on slides 59 - 61)

59
COMAR 13A.09.10.09J. Library Media Collection
Plan for Obtaining the Required Number of Items
  • A new school is required to have at least 1/3 of
    the required collection at the beginning of the
    first year of operation and a written plan that
    specifies the number of items, kinds of items,
    budget, and date for acquiring the remaining
    items not later than the beginning of the third
    year of operation.
  • (continued on slides 60 and 61)

60
COMAR 13A.09.10.09J. Library Media Collection
Inventory of Collection
  • A school is required to maintain a written
    inventory of the items in its library media
    collection that is organized by subject for each
    age, grade, or instructional program, or a
    combination of these, based on the classification
    of the educational program specified on the
    approval document of the school.
  • The written inventory of the items in the library
    media collection of a school, organized as
    indicated above, may be maintained in a computer
    program that can be viewed on a computer monitor
    or in a printed version.
  • (continued on slide 61)

61
COMAR 13A.09.10.09J. Library Media Collection
Weeding and Upgrading
  • A school is required to maintain written policies
    and procedures for continual upgrading of its
    library media collection.
  • Note
  • Typical components of the library media
    collection weeding and upgrading policies and
    procedures include
  • who is responsible for weeding and upgrading the
    library media collection
  • how the responsible person completes the weeding
    and upgrading and
  • how often the school reviews its library media
    collection in order to make appropriate weeding
    and upgrading decisions.

62
COMAR 13A.09.10.09K. School Year
  • A school is required to develop a written
    calendar for each year that includes the month,
    day, and year for the opening and closing of
    school, the specific and total number of days of
    instruction, holidays, vacations, and other
    pertinent events or activities in the schedule
    for the year.
  • A school is required to distribute its written
    calendar to the parents/legal guardians of
    students enrolled and representatives of agencies
    placing students in the school.
  • The school must maintain documentation describing
    the schools schedule for distributing the
    written calendar of the school year as evidence
    of compliance with this regulation.
  • (continued on slides 63 and 64)

63
COMAR 13A.09.10.09K. School Year (contd.)
  • The calendar for the school year is required to
    provide for a school year with at least 180 days
    of instruction.
  • A school providing an elementary school or
    secondary school educational program, or both, is
    also required to be open for student attendance
    for a minimum of
  • 1,080 hours in a school year for elementary
    schools in a 180 day school year during a
    10-month period in each school year and
  • 1,170 hours in a school year for secondary
    schools in a 180 day school year during a
    10-month period in each school year.
  • (continued on slide 64)

64
COMAR 13A.09.10.09K. School Year (contd.)
  • Note
  • A school is required to meet these hour
    requirements at the beginning of the 2002-2003
    school year.
  • (continued on slide 65)

65
COMAR 13A.09.10.09K. School Year (contd.)
  • The preceding open for student attendance
    hours in a school year requirements do not apply
    to a nongraded educational program.
  • A nongraded educational program means a
    program of special education and related services
    provided by a teacher to students for whom
    instruction is based on ability or achievement or
    both. Students in a nongraded educational
    program are usually working toward a High School
    Certificate of Completion.
  • A nongraded educational program does not mean an
    educational program in which students in various
    grades are taught in the same classroom.
  • (continued on slide 66)

66
COMAR 13A.09.10.09K. School Year (contd.)
  • The 1,170 hours in a school year requirement
    applies regardless of the number of students
    enrolled in a secondary program and regardless of
    whether the school or the local school system is
    issuing a diploma to students in the secondary
    school program.
  • The 1,170 hours in a school year requirement
    applies regardless of whether or not the school
    also offers an elementary school and/or nongraded
    educational program.

67
COMAR 13A.09.10.09K. School Year (contd.)
  • The Department may grant a waiver of the length
    of the school year for natural disasters, civic
    disasters, or severe weather conditions.
  • If a school wishes to apply for a waiver of the
    length of the school year, the head of the Legal
    Authority is required to make a written request
    that specifies the natural disaster, civic
    disaster, or weather conditions, or any
    combination of these, that form the basis(es) for
    the request.
  • A school is required to address a written request
    for a waiver to the State Superintendent of
    Schools, Maryland State Department of Education,
    200 W. Baltimore Street, Baltimore, MD 21201.

68
COMAR 13A.09.10.09L. School Day
  • The schedule for the school day, including the
    beginning and end of the school day and other
    important periods within the day, is required to
    be in writing.
  • A school is required to distribute its written
    schedule for the school day to the
    parent(s)/legal guardian(s) of students in the
    school and to representatives of agencies placing
    students in the school.
  • The school must maintain documentation
    describing the schools schedule for distributing
    the written schedule of the school day as
    evidence of compliance with this regulation.
  • A school providing an educational program, other
    than a special education program, is required to
    provide instruction at least 4 hours per day, 5
    days per week, exclusive of holidays, vacation
    days, and any other pertinent events or
    activities in the educational activities in the
    program or programs in which the student is
    placed.
  • At least 2 hours of the 4 hour school day
    referenced immediately above is required to be
    scheduled for instruction in English language
    arts, mathematics, science, and social studies.
  • (continued on slide 69)

69
COMAR 13A.09.10.09L. School Day (contd.)
  • In a school providing a special education
    program, the length of the school day is required
    to be sufficient to implement each students IEP.
  • Note
  • The school must provide the number of weekly
    hours of special education and related services
    required by the IEP of each student enrolled in
    the school.

70
Compliance with COMAR 13A.09.10Educational
Programs in Nonpublic Schools And Child Care
And Treatment Facilities
  • Type I General Education Program Requirements

71
COMAR 13A.09.10.10A. Curriculum General
Education Program
  • Nursery School, Kindergarten, Elementary School,
    and Secondary School Program.
  • A school providing one or a combination of these
    educational programs is required to implement a
    written curriculum in English language arts,
    mathematics, science, social studies, and any
    other appropriate curricular areas for each
    subject at each grade.

72
COMAR 13A.09.10.10B. Adult Basic Education
General Education Program
  • A school that provides an adult basic education
    program is required to meet the following
    requirements
  • Establish written criteria for entry into the
    adult basic education program that include all of
    the following
  • Minimum skill levels in reading, writing, and
    mathematics below the sixth grade level as
    measured on a standardized test
  • Minimum age of 14 years and
  • A written statement that the GED TESTS will
    eventually be the appropriate means for earning a
    high school diploma and
  • Implement a written curriculum for each subject
    area that prepares a student for enrollment in a
    pre-GED program or a GED TESTS preparation
    program.

73
COMAR 13A.09.10.10C. Pre-GED Program Criteria
for Entry
  • A school providing a Pre-GED program is required
    to meet the following requirements
  • Establish a written statement of the criteria for
    entry into a Pre-GED program that includes the
    following
  • Minimum sixth grade skill levels in reading,
    writing, and mathematics as measured on a
    standardized test
  • Minimum age of 14 years
  • Written statement of determination for each
    student that the GED TESTS will eventually be the
    appropriate means for earning a high school
    diploma.
  • (continued on slide 74)

74
COMAR 13A.09.10.10C. Pre-GED Program Curriculum
  • A school is required to implement a written
    Pre-GED curriculum for each subject area that
    prepares a student for enrollment in a GED TESTS
    preparation program.
  • It is essential that a school offering a Pre-GED
    program have the following
  • a current Pre-GED curriculum
  • instructional materials and equipment and
  • any test(s) required to prepare students for
    successful completion of a Pre-GED program and
    entry into the new (2002) GED TESTS preparation
    program.
  • Contact appropriate vendors for further
    information regarding the availability of these
    materials.

75
COMAR 13A.09.10.10D. GED TESTS Preparation
Program Statement of Criteria for Entry
  • A school providing a GED TESTS preparation
    program is required to establish written criteria
    for entry into the GED TESTS preparation program
    that include the following requirements
  • Minimum ninth grade skill levels in reading,
    writing, and mathematics as measured on a
    standardized test
  • Minimum age of 16 years
  • State residency requirement (The student must
    have been a Maryland resident for at least 3
    months at the time of testing.) and
  • Written statement of determination for each
    student that the GED TESTS preparation program
    will be the appropriate means for earning a high
    school diploma.
  • (continued on slides 76 and 77)

76
COMAR 13A.09.10.10D. GED TESTS Preparation
Program Student Placement
  • A school is required to
  • Determine the appropriate placement of each
    student within each of the GED TESTS preparation
    program areas based on an assessment of the
    performance level of each student in the areas of
    instruction in the GED TESTS preparation program
  • Implement a written curriculum designed to
    prepare a student for each of the current GED
    TESTS (Language Arts-Writing, Social Studies,
    Science, Language Arts-Reading, and Mathematics)
    and
  • Administer the GED practice test to determine
    student readiness to take the GED TESTS.
  • (continued on slide 77)

77
COMAR 13A.09.10.10D. GED TESTS Preparation
Program New Test
  • It is anticipated that new GED TESTS are being
    fully implemented. Call the Departments GED
    office at (410)767-0538 for information about the
    administration of the new GED TESTS.
  • The official GED TESTS practice tests may be
    ordered from Steck Vaughn. Delays may occur
    when ordering some forms of the practice tests
    because they are on back order.
  • It is essential that a school offering a GED
    TESTS preparation program have a current
    curriculum, instructional materials and
    equipment, and the official GED Practice Test to
    prepare students for these new tests. Contact
    your vendors for further information regarding
    the availability of materials.
  • A Casio fx 260 solar calculator should be
    available to students so they can become familiar
    with the model used on the actual GED TESTS.
    Orders for the calculator can be placed through
    the GED Fulfillment Center (301) 604-5301.
  • Go to www.umbc.edu/alrc for more GED TESTS
    information and a downloadable application to
    take the tests.

78
COMAR 13A.09.10.10E. Career Development and
Technology Educational Program Provided in a
General Education Program Offering a Pre-GED
Program and/or GED TESTS Preparation Program
  • A school providing a Pre-GED program or a GED
    TESTS preparation program, or both, as specified
    in slides 67-71 may also provide a noncredit
    granting program in career development or
    technology education, or both.
  • (continued on slides 79-81)

79
COMAR 13A.09.10.10E. Career Development and
Technology Educational Program Provided in a
General Education Program Offering a Pre-GED
Program and/or GED TESTS Preparation Program
(contd.)
  • A school that provides a career development
    program or technology educational program, or
    both, is required to meet all of the following
    requirements
  • Establish written criteria for entry into the
    career development program or technology
    educational program, or both, as appropriate
  • Implement a written curriculum for each course
    provided and
  • Provide instruction in English language arts,
    mathematics, science, and social studies
    appropriate to the educational needs of students
    enrolled.
  • (continued on slides 80 and 81)

80
COMAR 13A.09.10.10E. Career Development and
Technology Educational Program Provided in a
General Education Program Offering a Pre-GED
Program and/or GED TESTS Preparation Program
(contd.)
  • A career development program is required to
    provide the following
  • Appropriate assessment for the identification of
    talents, interests, attitudes, and potential
    related to the world of work
  • An organized sequence of instruction in career
    exploration, career preparation, and job seeking
    and advancement and
  • Instruction in the proper use of tools, machines,
    processes, and products in one or more career
    preparation areas.
  • (continued on slide 81)

81
COMAR 13A.09.10.10E. Technology Educational
Program Provided in a General Education Program
Offering a Pre-GED Program and/or GED TESTS
Preparation Program (contd.)
  • A technology educational program is required to
    provide instruction in the following
  • An organized sequence of instruction in the
    application of knowledge, tools, and skills to
    solve practical problems and extend human
    capabilities through technology and
  • An organized sequence of instruction in a variety
    of tools, machines, and computer systems and
    applications, or any one or combination of these.

82
Compliance with COMAR 13A.09.10Educational
Programs in Nonpublic Schools And Child Care
And Treatment Facilities
  • Type I Special Education and General Education
  • Program Requirements for
  • Secondary School Credit and Diploma

83
COMAR 13A.09.10.11A. Policy Regarding Issuance
of a Secondary School Diploma
  • A school shall have a written policy stating
    whether the school or the local school system
    issues a secondary school diploma or whether both
    options are available.
  • Note
  • The following requirements do not apply to
    students enrolled in a nongraded educational
    program who are working toward a Maryland High
    School Certificate (Certificate of Completion)
    based on their IEP and issued by the local school
    system.

84
COMAR 13A.09.10.11B. Secondary School Program
Preparing Students
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