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13a.05.02.00.htm 13A.05.02.00. Title 13A STATE BOARD OF EDUCATION Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS Chapter 02 Administration of Services for Students with Disabilities Authority: Education Article, §2-205, 8-301―8-319, 8-3A-01―8-3A-11, and 8-401―8-419; Human Services Article, §8-401―8-409; Labor and Employment Article, §11-801 and 11-901 et seq. Annotated Code of Maryland Federal Statutory Reference: 20 U.S.C. §1408, 1412, 1413, and 1437; Federal Regulatory References: 34 CFR 300 and 303
13a.05.02.01.htm 13A.05.02.01. 01 Purpose.. The purpose of this chapter is to implement administrative procedures related to 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 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 individual
13a.05.02.02.htm 13A.05.02.02. 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 Individualized Education Program (IEP) including the Department, local school systems, the SEED School, Maryland Department of Health, Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the M
13a.05.02.03.htm 13A.05.02.03. 03 Definitions.. A. In this chapter, the definitions in COMAR 13A.05.01 apply, and the following terms have the meanings indicated.B. Terms Defined.. 1) “Local care team (LCT) means the interagency committee established in each jurisdiction in accordance with Human Services Article §8-405, Annotated Code of Maryland, to:a) Identify interagency resources to assist students with special needs;. b) Facilitate the provision of interagency services to students with disabilities; and.
13a.05.02.04.htm 13A.05.02.04. 04 State Administration.. A. Assurance.. 1) The Department shall ensure that all students, birth through the end of the school year in which the student turns 21 years old residing in the State, who have disabilities, regardless of the severity of the disability, and who are in need of special education and related services, are located, identified, evaluated, and provided with services consistent with:a) The student's IEP;. b) 20 U.S.C. §1400―1419;. c) 34 CFR 300;.
13a.05.02.05.htm 13A.05.02.05. 05 State Advisory Committee.. A. The State Superintendent of Schools shall appoint a State Advisory Committee for Special Education.B. Membership shall represent the population and geographic diversity of the State.. C. The term of appointment for each member shall be 3 years. Members may be reappointed for one term.D. The State Advisory Committee shall include:. 1) Parents of students, ages birth through 26 years old, with disabilities;. 2) Individuals with disabilities;.
13a.05.02.06.htm 13A.05.02.06. 06 Department Procedural Safeguards.. A. The Department shall establish and maintain procedures to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provisions of FAPE consistent with 34 CFR §300.500―300.537 and Education Article, §8-407 and 8-412―8-413, Annotated Code of Maryland.B. Mediation.. 1) The Department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the
13a.05.02.07.htm 13A.05.02.07. 07 Compliance Review Activities.. A. The Department is responsible for the development and implementation of policies and procedures for compliance review of public agencies to ensure implementation of the requirements of 20 U.S.C. 1400―1419, Education Article, §8-401―8-415, Annotated Code of Maryland, COMAR 13A.05.01, and Regulation .13 of this chapter.B. If the Department identifies a violation of federal or State law or regulation by a public agency, the Department shall re
13a.05.02.08.htm 13A.05.02.08. 08 Funding.. The Department may use available State, federal, and private sources of support, including public or private third-party reimbursements which do not result in cost to parents of students with disabilities, to meet the requirements of 20 U.S.C. 1400-1419.
13a.05.02.09.htm 13A.05.02.09. 09 Interagency Collaboration.. The Department shall establish, implement, and maintain interagency planning and program implementation agreements for students with disabilities, consistent with federal and State law.
13a.05.02.10.htm 13A.05.02.10. 10 State Complaint Procedures.. A. The Department shall develop and implement State complaint investigation procedures consistent with COMAR 13A.05.01.15A.B. The complaint investigation procedures and guidelines shall be disseminated on request..
13a.05.02.11.htm 13A.05.02.11. 11 Reports.. The Department shall submit reports at the time and in the manner specified by the Secretary of the U.S. Department of Education.
13a.05.02.12.htm 13A.05.02.12. 12 Nonpublic School Approval.. A. An in-State nonpublic school offering special education and related services may have the program approved if the nonpublic school:1) Has a certificate of approval from the Department for the school's special education program;. 2) Meets the requirements of COMAR 13A.09.10.18A―C;. 3) Meets the requirements of COMAR 13A.09.10.14A―B;. 4) Employs teachers who meet the highest standard of the Department and the requirements of 34 CFR §300.18; and
13a.05.02.13.htm 13A.05.02.13. 13 Local Public Agency Administration.. A. Assurance.. 1) A local school system shall ensure that all students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, residing within the jurisdiction of the local school system are located, identified, evaluated, and provided services consistent with 20 U.S.C. §1400―1419, 34 CFR 300 and 301, Education Article, §8-401―8-415, Annotated Code of Maryland, and COMAR 13A.05.01.
13a.05.02.14.htm 13A.05.02.14. 14 Nonpublic Placements by Local School Systems.. A. General. A local school system shall consider the placement of a student with a disability in a nonpublic program when:1) The local school system cannot implement the student's IEP; and. 2) The nonpublic school program to which the student has been referred:. a) Has been approved by the Department;. b) Can implement the student's IEP; and. c) Is the least restrictive environment..
13a.05.02.9999.htm 13A.05.02.9999. Administrative History Effective date: July 1, 1999 (26:8 Md. R. 616). Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 24) May 7, 2007 (34:9 Md. R. 826). Regulation .02A amended effective January 21, 2002 (29:1 Md. R. 24) ; May 7, 2007 (34:9 Md. R. 826) October 5, 2009 (36:20 Md. R. 1530)Regulation .03B amended effective January 21, 2002 (29:1 Md. R. 24) July 31, 2017 (44:15 Md. R. 760).
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