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13a.08.03.00.htm 13A.08.03.00. Title 13A STATE BOARD OF EDUCATION Subtitle 08 STUDENTS Chapter 03 Discipline of Students with Disabilities Authority: Education Article, §2-205, 7-305, 8-404, and 8-407, Annotated Code of Maryland
13a.08.03.01.htm 13A.08.03.01. 01 General.. In addition to the procedures set forth in COMAR 13A.08.01.11, the procedures set forth in this chapter apply to students with disabilities identified in accordance with COMAR 13A.05.01.
13a.08.03.02.htm 13A.08.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" means an impartial hearing officer as defined in COMAR 13A.05.01.03B(31)2) "Business day" has the meaning stated in COMAR 13A.05.01.03B(9). 3) "Controlled substance" means a drug or other substance identified under the Controlled Substance Act, 21 U.S.C. §812(c) section 202(c) schedules I-V.4) "FAPE" means a free appropriate public educatio
13a.08.03.03.htm 13A.08.03.03. 03 Authority of School Personnel ― Removal of a Student with a Disability.. A. Removal of a Student with a Disability for not More than 10 Consecutive School Days.. 1) A student with a disability may be removed from the student's current placement for not more than 10 consecutive school days for any violation of school rules to the same extent that removal is applied to students without disabilities.2) Unless it is determined that the removal constitutes a change of placeme
13a.08.03.04.htm 13A.08.03.04. 04 Parental Notification.. On the date a student with a disability is removed from the student's current placement for a violation of a code of student conduct in accordance with Regulation .03B or .05 of this chapter, school personnel shall:A. Notify the parents of the decision; and. B. Provide the parents with the procedural safeguards notice in accordance with COMAR 13A.05.01.11A..
13a.08.03.05.htm 13A.08.03.05. 05 Change of Placement.. A. Removal constitutes a change of placement if a student with a disability is:. 1) Removed from the student's current placement for more than 10 consecutive school days; or. 2) Subjected to a series of removals that constitutes a pattern of removal that accumulates to more than 10 school days in a school year.B. To determine if the removal constitutes a pattern of removals, the IEP team shall consider the:. 1) Length of each removal;.
13a.08.03.06.htm 13A.08.03.06. 06 Interim Alternative Educational Setting.. A. A public agency may remove a student with a disability for up to 45 school days to an interim alternative educational setting if, while at school, on school premises, or at a school function under the jurisdiction of the State or a public agency, the student:1) Carries or possesses a weapon;. 2) Knowingly possesses or uses an illegal drug;. 3) Sells or solicits the sale of a controlled substance; or.
13a.08.03.07.htm 13A.08.03.07. 07 Responsibilities of the IEP Team.. A. The IEP team shall meet within 10 business days of the removal of a student with a disability to develop an assessment plan if the IEP team has not:1) Conducted a functional behavioral assessment; and. 2) Implemented a behavioral intervention plan to address the behavior before the behavior occurred that resulted in the student's removal as set forth in Regulation .03B or .05 of this chapter.B. As soon as possible after the completion of the
13a.08.03.08.htm 13A.08.03.08. 08 Manifestation Determination.. A. The IEP team shall meet to determine whether a student's behavior that resulted in a disciplinary removal is a manifestation of the student's disability each time the student is subject to a removal:1) As set forth in Regulation .03B of this chapter;. 2) That constitutes a change of placement in accordance with Regulation .05 of this chapter; or. 3) To an interim alternative educational setting in accordance with Regulation .06 of this chapter..
13a.08.03.09.htm 13A.08.03.09. 09 Parents' Right to Appeal and Student Placement.. A. The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15C if the parents disagree with the public agency regarding:1) Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter;. 2) The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or
13a.08.03.10.htm 13A.08.03.10. 10 Students Not Yet Eligible for Special Education and Related Services.. A. If a student who has not been identified as a student with a disability engages in behavior that violates any rule or code of conduct of the public agency, the student may assert protection under this chapter if the public agency had knowledge that the student was a student with a disability before the student engaged in the behavior that precipitated the disciplinary action.B. A public agency shall
13a.08.03.11.htm 13A.08.03.11. 11 Referral to Law Enforcement.. A. A public agency may report a crime committed by a student with a disability to appropriate law enforcement authorities consistent with State law and 34 CFR §300.535.B. The public agency shall ensure that copies of the student's special education and disciplinary records are transmitted to the appropriate authorities to whom the public agency reported the crime, to the extent permitted, in accordance with COMAR 13A.08.02.
13a.08.03.9999.htm 13A.08.03.9999. Administrative History Effective date: October 2, 2000 (27:19 Md. R. 1726). Regulation .02B amended effective May 7, 2007 (34:9 Md R. 826). Regulation .03 amended effective May 7, 2007 (34:9 Md R. 826). Regulation .04 amended effective May 7, 2007 (34:9 Md R. 826). Regulation .05C amended effective May 7, 2007 (34:9 Md R. 826). Regulation .06 amended effective May 7, 2007 (34:9 Md R. 826). Regulation .06A amended effective January 21, 2002 (29:1 Md. R. 25).
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