Md. Code Regs. 13A.09.10.19

Current through Register Vol. 52, No. 1, January 10, 2025

Section 13A.09.10.19 - Type II Educational Programs

A. In a Type II educational program, instruction shall be provided by a nonpublic school and public school either on the grounds of the nonpublic school and the grounds of the public school, or solely on the grounds of the public school, with the primary goal of integrating students into the public school instructional program to the greatest extent appropriate.

B. A school may provide any one or combination of the following Type II educational programs:

(1) Nursery school;

(2) Kindergarten;

(3) Elementary school;

(4) Secondary school;

(5) Special education and related services.

C. Description of the Educational Program.

(1) A school shall have a written description of the educational program prepared as a single narrative.

(2) A school shall distribute its written description of the educational program to public agency placement officials.

(3) The written description shall include all of the following:

(a) A statement of the purpose or goals toward which the educational program's efforts are directed;

(b) The name of the legal authority responsible for governing and operating the educational program;

(c) Identifying information to include the name of the school, address of the school, and telephone number of the school;

(d) Table of organization or organizational chart to include:

(i) The name of the legal authority;

(ii) The governing board of the educational program;

(iii) If applicable, the specific structure and components of the educational program; and

(iv) If applicable, any other program components governed and operated by the same legal authority at the same location;

(e) Student enrollment capacity and characteristics including the age, gender, and, if applicable, disability or disabilities;

(f) Educational program or programs provided by the nonpublic school;

(g) Instruction provided by the public school to students who are also enrolled in the nonpublic school;

(h) Staff employed by the nonpublic school to implement the educational program, including related services staff in special education programs; and

(i) Description of the physical facilities used by the school.

D. Personnel.

(1) Staff shall meet the requirements specified in Regulation .18 of this chapter.

(2) The Department may approve a written justification that provides an educationally sound basis for a less than full-time education director.

E. Student-to-Teacher Ratio.

(1) The student-to-teacher ratio in a nursery school, kindergarten, elementary school, or secondary school educational program may not exceed ten students to a full-time certified teacher unless the Department approves a written justification for more students.

(2) The student-to-teacher ratio in a special education program shall be as specified in Regulation .17E of this chapter, as appropriate.

F. Educational Program.

(1) Before enrolling a student, a school shall review the student record maintained by the school the student attended most recently to assist in determining the appropriate program placement or grade placement, or both, within the educational program.

(2) If the previous student record of a student is not available before enrollment, a school shall document, within 5 school days of placement, at least two attempts to acquire the previous school record of each student.

(3) A student shall receive instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.

(4) A school shall implement the same curriculum as that implemented by the public school in each grade and subject in which it provides instruction to students. Any charge for the curriculum is the responsibility of the nonpublic school.

(5) A school shall use the same instructional materials and equipment as those used by the public school. Any charge for the instructional materials and equipment is the responsibility of the nonpublic school.

(6) A school shall use the library media service of the public school.

(7) A PEP shall be developed for each student enrolled in a general education program specified in §B of this regulation. The PEP shall include all of the following:

(a) Student's first, middle, and last names;

(b) Student's gender;

(c) Month, day, and year of student's birth;

(d) Projected beginning month, day, and year and ending month and year for implementation of the PEP;

(e) Grade level of student's performance in reading and mathematics;

(f) Standardized tests or diagnostic tests, or both, used to determine the grade level of a student's performance in reading and mathematics and month, day, and year of administration;

(g) Grade placement in the educational program in which a student is enrolled;

(h) Schedule of student's classes and designation of nonpublic school or public school teacher for each class;

(i) Specific secondary school credits earned if applicable;

(j) Summary of Maryland test requirements determined by the State that have been met, and those that have not been met, as applicable;

(k) Transition plan to prepare a student for specific further education or training, or employment, or independent living, or any combination of these;

(l) Month, day, and year of PEP development;

(m) Signature of individual who developed the PEP; and

(n) IEP of student, if applicable.

(8) The current PEP and IEP of each student shall be available in the classroom of each student.

(9) Special Education Program. A school providing a special education program shall meet the assessment and IEP requirements specified in Regulation .17F and G of this chapter.

(10) Student Progress Report. A school shall use the student progress reporting schedule and format of the public school.

(11) Secondary School Credit. A school granting secondary school credit and any partial unit of credit shall meet the requirements of the local school system where the public school is located.

(12) Student Records.

(a) A school shall maintain student record information on a standard form for each student, which includes all of the following:

(i) School's name;

(ii) School's location address;

(iii) School's telephone number;

(iv) Student's first, middle, and last names;

(v) Month, day, and year of the student's birth;

(vi) Student's home address;

(vii) Month, day, and year the student initially entered; and

(viii) Month, day, and year the student withdrew or graduated.

(b) A school shall maintain student record information in a standard format for each student, which includes all of the following:

(i) Student's specific days of attendance;

(ii) Student's performance or grade information, or both, as appropriate in each curricular area for each grade;

(iii) Code for the meaning of the grading system as used by the public school;

(iv) Student's IEP or PEP, or both, as applicable; and

(v) Student's grade placement.

(c) A copy of a student's record and progress report shall be given to a representative of the placing agency upon the student's discharge from the school.

(13) Secondary School Transcript.

(a) A document that includes the components specified in Regulation .16C of this chapter shall be used as a transcript of a secondary school student's record.

(b) A secondary school shall permanently maintain the original or a legible copy of the secondary school transcript of each student who has been enrolled in the school.

(c) Before a secondary school ceases operation, the legal authority of the school shall file with the Department, in alphabetical order, the original or a legible copy of the secondary school transcript for each student who has been enrolled in the school.

(14) Privacy Rights. A school shall meet the privacy rights requirements specified in Regulation .12 of this chapter.

(15) Admissions. A school shall have a written statement of admissions criteria as specified in Regulation .09D of this chapter.

(16) Schedule of the School Day.

(a) The hours of the school day shall be the same as that of the public school.

(b) A school shall develop a written schedule of the school day, including the beginning and end of the school day, and other important periods.

(c) A school shall distribute the schedule of its school day annually to the parents and representatives of agencies placing students in the school.

(17) Calendar of the School Year.

(a) A school shall develop a written calendar of the school year that includes the same days in the school year that the local school system is open and may include additional days.

(b) A school shall distribute the calendar of its school year annually to the parents and representatives of the placing agency or agencies of the students enrolled.

(18) Administrative Practices. A school providing a special education program shall have administrative policies and procedures as specified in Regulation .17H of this chapter.

(19) A school shall meet the behavior management requirements specified in Regulation .11 of this chapter.

Md. Code Regs. 13A.09.10.19

Regulations .19 adopted effective August 29, 2005 (32:17 Md. R. 1439)
Regulation .19 amended effective December 1, 2008 (35:24 Md. R. 2079)