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.09.10.18AC;
(3) Meets the requirements of COMAR 13A.09.10.14AB;
(4) Employs teachers who meet the highest standard of the Department and the requirements of 34 CFR §300.18; and
(5) Has written policies and procedures regarding the:
(a) School's participation in the development, review, or revision of a student's IEP with the local school system that referred the student,
(b) Notification of a local school system when a student's IEP needs to be reviewed or revised,
(c) Notification of a local school system before dismissing a student with a disability, and
(d) Maintenance of a student's placement during mediation or due process hearings in accordance with COMAR 13A.05.01.15B and C, unless the local school system and parent agree to an alternative placement.
B. An out-of-State nonpublic school that offers special education and related services may have its program approved if there is a demonstrated need for the services of the nonpublic school, and the nonpublic school program:
(1) Is approved by the state education agency of the state where the school is located;
(2) Is determined by the Department to substantially meet the requirements of COMAR 13A.09.10;
(3) Meets the requirements of COMAR 13A.09.10.09B and C, or equivalent standards as established by the state education agency of the state where the nonpublic school is located; and
(4) Has written policies and procedures consistent with §A(4) of this regulation.