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13a.05.01.00.htm 13A.05.01.00. Title 13A STATE BOARD OF EDUCATION Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS Chapter 01 Provision of a Free Appropriate Public Education Authority: Education Article, §2-205, 7-305, 8-301―8-307, 8-3A-01―8-3A-08, and 8-401―8-416; Human Services Article, §8-401―8-409; Labor and Employment Article, §11-801 and 11-901 et seq. State Government Article §9-1607.1; Annotated Code of Maryland Federal Statutory Reference: 20 U.S.C. §1411―1416; Federal Regulatory References: 34 CF
13a.05.01.01.htm 13A.05.01.01. 01 Purpose.. The purpose of this chapter is to implement Part B of the Individuals with Disabilities Education Act (IDEA) 34 CFR 300, and Education Article, Title 8, Subtitles 3 and 4, Annotated Code of Maryland, which assure a free appropriate public education (FAPE) for all students with disabilities, birth through the end of the school year in which the student turns 21 years old, in accordance with the student's Individualized Education Program (IEP)
13a.05.01.02.htm 13A.05.01.02. 02 Scope.. A. This chapter applies to public agencies that provide educational services to students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, in accordance with the student's IEP, including the Maryland State Department of Education, local school systems, the SEED School, the Department of Health and Mental Hygiene, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Dea
13a.05.01.03.htm 13A.05.01.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Accommodation" means practices and procedures, in accordance with the Maryland Accommodations Manual, that provide students with disabilities equitable access during instruction and to assessments in the areas of:a) Presentation;. b) Response;. c) Setting; and. d) Scheduling.. 2) "Act" means the Individuals with Disabilities Education Act, 20 U.S.C. §1401―1419..
13a.05.01.04.htm 13A.05.01.04. 04 Referral.. A. Referral to a Public Agency.. 1) A student with a suspected disability who may need special education shall be referred, in writing, to a public agency.2) An initial referral may be initiated by:. a) The student's parent; or. b) A representative of a public agency.. 3) A public agency shall promptly request parental consent to assess a student to determine if the student needs special education and related services:a) When, prior to a referral, the student has not
13a.05.01.05.htm 13A.05.01.05. 05 Assessment.. A. Nondiscrimination. A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are selected and administered in a manner which is not racially or culturally discriminatory.B. Assessment Procedures.. 1) A student shall be assessed in all areas related to the suspected disability, consistent with 34 CFR §300.304(c)4)2) A variety of assessment tools and strategies sh
13a.05.01.06.htm 13A.05.01.06. 06 Evaluation, Reevaluation, and Eligibility.. A. Initial Evaluation.. 1) An IEP team shall complete an initial evaluation of a student, consistent with 34 CFR §300.301(c)1) within:a) 60 days of parental consent for assessments in accordance with Regulation.13A of this chapter; andb) 90 days of the public agency receiving a written referral in accordance with Regulation .04A of this chapter.2) Exception to the Time Line for Completion of Initial Evaluation..
13a.05.01.07.htm 13A.05.01.07. 07 Individualized Education Program (IEP) Team.. A. IEP Team Members.. 1) A public agency shall ensure that the IEP team for a student with a disability includes:. a) The parents of the student;. b) Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment;c) Not less than one special education teacher, or not less than one special education provider of the student;
13a.05.01.08.htm 13A.05.01.08. 08 Individualized Education Program (IEP) Team Responsibilities.. A. IEP Development.. 1) A public agency shall ensure that an IEP team meets to develop an IEP for a student with a disability within 30 days of the evaluation.2) Transition from a Local Infants and Toddlers Program.. a) If a child transitioning from a local infants and toddlers program is determined to be a student with a disability or developmental delay in accordance with Regulation .06B of this chapter, the pub
13a.05.01.09.htm 13A.05.01.09. 09 Individualized Education Program Document.. A. IEP Content.. 1) The IEP for a student with a disability shall include:. a) A statement of the student's present levels of academic achievement and functional performance, including:i) How the student's disability affects the student's involvement and progress in the general curriculum, orii) For a preschool student, as appropriate, how the disability affects the student's participation in appropriate activities;
13a.05.01.10.htm 13A.05.01.10. 10 Least Restrictive Environment (LRE). A. General. A public agency shall ensure that:. 1) To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are not disabled; and2) Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that e
13a.05.01.11.htm 13A.05.01.11. 11 Procedural Safeguards ― General Provisions.. A. Procedural Safeguards Notice.. 1) The public agency responsible for the provision of FAPE to a student with a disability shall provide a copy of the procedural safeguards to the parents of a student with a disability once a year.2) A copy of the procedural safeguards shall also be given to the student's parents on:. a) Initial referral as described in Regulation .04 of this chapter;.
13a.05.01.12.htm 13A.05.01.12. 12 Procedural Safeguards ― Prior Written Notice.. A. General.. 1) Consistent with 34 CFR §300.503, a public agency shall provide written notice to the parent of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student.2) A parent of a student with a disability may elect to receive written notice as described in §A(1)
13a.05.01.13.htm 13A.05.01.13. 13 Procedural Safeguards ― Consent.. A. Consent for Assessment Procedures.. 1) A public agency shall obtain written parental consent in accordance with 34 CFR §300.300 before conducting assessment procedures as described in Regulations .05B and .06D of this chapter.2) If a parent refuses consent for initial assessment procedures, or assessment procedures as part of a reevaluation, a public agency may pursue assessment through mediation or due process as describe
13a.05.01.14.htm 13A.05.01.14. 14 Procedural Safeguards ― Independent Educational Evaluation.. A. General.. 1) A parent of a student with a disability may obtain an independent educational evaluation.. 2) On request, a public agency shall provide the parent with information about where an independent educational evaluation may be obtained and the public agency's criteria applicable for independent educational evaluations consistent with 34 CFR §300.502.
13a.05.01.15.htm 13A.05.01.15. 15 Procedural Safeguards ― State Complaints, Mediation, and Due Process.. A. State Complaints.. 1) An organization or individual may file a signed written complaint with the Department regarding an alleged violation of Part B of the Act, 34 CFR 300, State law, or this chapter regarding the education of students with disabilities by a public agency.2) A public agency shall provide parents and other interested parties with information regarding the procedures for filing a complaint.
13a.05.01.16.htm 13A.05.01.16. 16 Students in Nonpublic Schools.. A. Local School System Placement of a Student with a Disability in a Nonpublic School.. 1) If a student's IEP cannot be implemented in a public school program, the local school system shall take steps in accordance with Education Article, §4-122, 8-401, and 8-409, Annotated Code of Maryland, to ensure that the student is provided FAPE.2) Before the local school system proposes a placement of a student with a disability in a nonpublic
13a.05.01.9999.htm 13A.05.01.9999. Administrative History Effective date: March 5, 1975 (2:9 Md. R. 666). Chapter revised effective June 25, 1975 (2:14 Md. R. 1020). Regulation .15E amended effective August 18, 1976 (3:17 Md. R. 916) ―. Chapter revised effective May 19, 1978 (5:10 Md. R. 782). Regulation .06F amended effective November 2, 1979 (6:22 Md. R. 1780) August 27, 1984 (11:17 Md. R. 1493)Regulation .06G adopted effective July 13, 1979 (6:14 Md. R. 1209) amended effective June 27, 1980 (
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