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 [phone]
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 [phone] 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 [phone].
• 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