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13a.08.01.00.htm 13A.08.01.00. Title 13A STATE BOARD OF EDUCATION Subtitle 08 STUDENTS Chapter 01 General Regulations Authority: Education Article, §2-205, 7-101, 7-101.1, 7-301, 7-301.1, 7-303―7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §1232g and 7912
13a.08.01.01.htm 13A.08.01.01. 01 Attendance.. A. Who Shall Attend. Each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age, or the child is exempted under Regulation .02-2A of this chapter.B. A child who resides in this State shall attend
13a.08.01.02.htm 13A.08.01.02. 02 Age for School Attendance.. A. Prekindergarten.. 1) Beginning with the 2002―2003 school year through the 2004―2005 school year, a child admitted to the prekindergarten program in the public schools shall be 4 years old or older on:a) November 30, 2002, if the child applies for entrance for the 2002―2003 school year;. b) October 31, 2003, if the child applies for entrance for the 2003―2004 school year; and.
13a.08.01.02-1.htm 13A.08.01.02-1. 02-1 Definitions.. A. In Regulation .02-2 of this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Full-time in a licensed child care center" means the child is enrolled in the child care center only and does not attend any other kindergarten program.2) "Full-time in a registered family day care home" means the child is cared for by the family day care provider only and does not attend any other kindergarten program.3) "Part-time in a Head S
13a.08.01.02-2.htm 13A.08.01.02-2. 02-2 Exemptions to Kindergarten Attendance Requirement.. A. Level of Maturity Waiver.. 1) A child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian believes that a delay in school attendance is in the best interest of the child and the parent or guardian files a written request with the local superintendent of schools asking that the child's attendance be delayed due to
13a.08.01.02-3.htm 13A.08.01.02-3. 02-3 Kindergarten Readiness Assessment.. A. Definitions.. 1) For the purpose of this regulation, the following terms have the meanings indicated.. 2) Terms Defined.. a) “Department-approved kindergarten readiness assessment” means the kindergarten readiness assessment developed and approved by the Department for the purpose of measuring school readiness.b) “Representative sample” means a sample of sufficient size to produce valid and reliable assessment information on all and
13a.08.01.03.htm 13A.08.01.03. 03 Lawful Absence.. Students presently enrolled in public schools are considered lawfully absent from school, including absence for any portion of the day, only under the following conditions:A. Death in the immediate family. The local school system shall determine what relationships constitute the immediate family.B. Illness of the student. The principal or a pupil personnel worker shall require a physician's certificate from the parent or guardians of a student
13a.08.01.04.htm 13A.08.01.04. 04 Unlawful Absence.. A. An absence, including absence for any portion of the day, for any reason other than those cited as lawful are presumed to be unlawful and may constitute truancy. Local school systems may add specified criteria for unlawful absences to local board-approved attendance policies.B. Truancy. A truant is a student who is absent without lawful cause as defined in Regulation .03, of this chapter, from the attendance for a school day or portion of it.
13a.08.01.05.htm 13A.08.01.05. 05 Student Attendance Policy.. Each local school system shall develop a student attendance policy which includes:. A. A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance.B. Rules, Definitions, and Procedures for Policy Implementation.. 1) Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04, of this chapter. Clarification of special situ
13a.08.01.06.htm 13A.08.01.06. 06 Repealed..
13a.08.01.07.htm 13A.08.01.07. 07 Student Withdrawal Status.. A. The Maryland Pupil Attendance Register prescribes the withdrawal status for students. In general a student will be withdrawn when the student has completed a high school program, transfers to another school, or terminates the student's formal education.B. Graduate.. 1) A graduate is defined as a student who completes the student's program of study at the high school level and satisfies the graduation requirements for a Maryland High Schoo
13a.08.01.08.htm 13A.08.01.08. 08 Substance Use or Distribution.. A. Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.B. Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.C. Alcohol and Other Drugs Policy. Consistent with Regulations .11―15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of edu
13a.08.01.09.htm 13A.08.01.09. 09 Student Organizations.. A. All student organizations desiring to conduct activities in public school buildings or on public school grounds shall be permitted to conduct these activities only if authorized to do so and shall thereafter be subject to the supervision of the administration and faculty of the school.B. Any secret, exclusive, or self-perpetuating organization which seeks to organize and perpetuate itself by taking in members from among the students
13a.08.01.10.htm 13A.08.01.10. 10 Guidelines for Students' Responsibilities and Rights.. A. Each local board of education shall have a document on students' responsibilities and rights.. B. This document shall conform to guidelines established by the State Board of Education.. C. The local document shall be disseminated periodically to all members of the school community, including students, teachers, administrators, and parents or guardians.D. There shall be broad involvement of representat
13a.08.01.11.htm 13A.08.01.11. 11 Disciplinary Action.. A. Local Board Authority. Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools. In the context of school discipline, by the beginning of school year 2014―2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regu
13a.08.01.12.htm 13A.08.01.12. 12 Arrests on School Premises.. A. When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.B. When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting o
13a.08.01.12-1.htm 13A.08.01.12-1. 12-1 Bringing or Possessing a Firearm on School Property.. A. In this regulation, the following terms have the meanings indicated:. 1) "Alternative educational setting" means an alternative education program that allows the student to continue the student's education within the public school system and, if in a secondary school, the opportunity to earn credit.2) "Expulsion" means at a minimum the removal of a student from the student's regular school program.
13a.08.01.13.htm 13A.08.01.13. 13 Questioning on School Premises.. A. Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughouB. A local school system
13a.08.01.14.htm 13A.08.01.14. 14 Searches.. A. Search of Student by Principal, Assistant Principal, or School Security Guard.. 1) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is:a) A criminal offense under the laws of this State; or. i) Any other State law; or.
13a.08.01.15.htm 13A.08.01.15. 15 Reporting Delinquent Acts.. A. Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.B. Delinquent acts do not include conduct which has been traditionally trea
13a.08.01.16.htm 13A.08.01.16. 16 Integration.. The local boards of education shall be informed by the State Department of Education as to the legal requirements concerning the integration of schools. The State Department of Education shall check on compliance with these requirements and shall report all suspected violations to the State Board of Education. The organization of school activities shall provide for the involvement of students regardless of sex, race, creed, or national origin.
13a.08.01.17.htm 13A.08.01.17. 17 School Use of Reportable Offenses.. A. Terms Defined. In this regulation the following terms have the meanings indicated:. 1) "Appropriate educational programming" means a regular or alternative education program that allows a student the opportunity to continue the student's education within the public school system and, if in secondary school, the opportunity to receive credit.2) “Criminal gang” has the meaning stated in Criminal Law Article, §9-801, Annotated Code of Marylan
13a.08.01.18.htm 13A.08.01.18. 18 Definitions for Regulations .19―20.. A. In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Conviction of or adjudication of" means that the perpetrator has been convicted of, adjudicated delinquent of, pleads guilty or nolo contendere with respect to, or receives probation before judgment with respect to, a violent criminal offense.2) "Corrective action plan" means a plan that includes information concerni
13a.08.01.19.htm 13A.08.01.19. 19 Probationary and Persistently Dangerous School Designation.. A. Probationary Status.. 1) The State Board of Education shall place on probationary status any school having each year for a period of 2 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equal to 2-1/2 percent or more of the total number of students enrolled in the school.
13a.08.01.20.htm 13A.08.01.20. 20 Unsafe School Transfer Policy.. A. Each local school system shall allow a student attending a public elementary or secondary school to attend a safe public elementary or secondary school within the school system if the student:1) Attends a persistently dangerous public elementary or secondary school; or. 2) Is a victim of a violent criminal offense as defined in Criminal Law Article, §14-101, Annotated Code of Maryland:a) During the regular school day; or.
13a.08.01.21.htm 13A.08.01.21. 21 Reducing and Eliminating Disproportionate/Discrepant Impact.. A. The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.B. The Department may use the discrepancy model to assess the impact of discipline on special education students.C. If the Department identifies a school’s discipline process as having a disproportionate impact on minority students or a d
13a.08.01.9999.htm 13A.08.01.9999. Administrative History Effective date: July 26, 1967. Regulation .01A amended effective May 25, 1977 (4:11 Md. R. 868). Regulation .02 amended effective August 22, 1980 (7:17 Md. R. 1673). Regulation .02A amended effective November 4, 1977 (4:23 Md. R. 1736). Regulation .02F amended effective December 1, 1986 (13:24 Md. R. 2561). Regulation .03C amended effective December 1, 1986 (13:24 Md. R. 2561). Regulation .06A amended effective October 1, 1975 (2:22 Md. R. 1372).
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