13A.09.10.02

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adult basic education" means an educational program provided by a teacher to qualified students who do not meet the pre-GED program entry criteria and for whom it is anticipated that entry into a GED TESTS preparation program will be the appropriate means for earning a high school diploma.

(2) "ALT-MSA" means assessments designed to measure the performance of students with the most significant cognitive disabilities who are unable to participate in the general education assessments used by the local school systems, even with accommodations, as determined by the IEP team of the student.

(3) "Annual report" means the report a legal authority of a school is required to file each year with the Department by which the chief officer of the legal authority certifies the status of the compliance of the school with the requirements of this chapter.

(4) "Approval document" means a Letter of Tentative Approval or a Certificate of Approval issued by the State Board to a legal authority responsible for the governance and operation of an educational program.

(5) "Career development educational program" means an organized program of instruction consisting of a sequence of noncredit courses with an industry focus that prepares students for career opportunities and is provided by a teacher to students in a school that holds an approval document authorizing operation of a pre-GED program or a GED TESTS program or both.

(6) "Certificate of Approval" means the document issued by the State Board to the legal authority responsible for governing and operating a school if a school has demonstrated a pattern of compliance with the requirements of this chapter.

(7) "Class" means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of the educational program.

(8) "Department" means the Maryland State Department of Education.

(9) "Diagnostic-prescriptive educational program" means an educational program that is implemented by a teacher who provides a comprehensive assessment of a student's strengths and weaknesses and a specific plan for amelioration of assessed weaknesses.

(10) Educational Program.

(a) "Educational program" means any one or combination of two or more of the following:

(i) An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students enrolled in nursery school, kindergarten, grades 1—12, or any consecutive sequence of these;

(ii) An organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas that is provided by a teacher to students in an adult basic education program;

(iii) An organized program of instruction that is provided by a teacher to students in a pre-GED program;

(iv) An organized program of instruction that is provided by a teacher to students in a GED TESTS preparation program;

(v) An organized program of instruction that is provided by a teacher to students in a career development educational program;

(vi) An organized program of instruction that is provided by a teacher to students in a technology educational program;

(vii) An organized program of instruction continuing implementation of the public school program that is provided by a teacher to students and implemented for an average of 60 school days or fewer;

(viii) An organized program of special education that is provided by a teacher and related services providers to students based on the individualized education program of each student; or

(ix) An organized diagnostic-prescriptive educational program.

(b) "Educational program" does not mean an organized program of instruction in a trade that requires licensure of its practitioners.

(11) "Elementary school" means an educational program that is provided by a teacher to students in any grade or consecutive sequence of kindergarten and grades 1—8, consisting of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.

(12) "Full day special education and related services" means a special education program and related services that are provided by a teacher and a related services provider to students whose IEPs require that the entire school day be in a special education program that meets the special education standards established in this chapter.

(13) "General educational development test preparation program (GED TESTS)" means an educational program that:

(a) Is provided by a teacher to students; and

(b) Prepares students to take the GED TESTS for the purpose of earning a Maryland high school diploma issued by the State Board.

(14) "Individualized education program (IEP)" means a written description of the educational program for a student with a disability that is developed, reviewed, and revised in accordance with COMAR 13A.05.01.

(15) "Individualized education program team (IEP team)" means a group of individuals responsible for:

(a) Identifying and evaluating students with disabilities in accordance with COMAR 13A.05.01;

(b) Developing, reviewing, or revising an IEP for a student with a disability in accordance with COMAR 13A.05.01; and

(c) Determining the placement of a student with a disability in the least restrictive environment in accordance with COMAR 13A.05.01.

(16) "Institution of Higher Education (IHE)" means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.

(17) "Intensive monitoring" means frequent monitoring of a school by the Department that occurs if the Department determines that a school has demonstrated serious, uncorrected areas of noncompliance with this chapter, or ongoing noncompliance with this chapter, or both.

(18) "Kindergarten" means an educational program that:

(a) Is provided by a teacher to students who meet the age of eligibility date for enrollment in kindergarten established in Regulation .09D of this chapter; and

(b) Consists of instruction in English language arts, mathematics, science, social studies, and, if applicable, other curricular areas.

(19) "Legal authority" means a nonpublic entity, officially registered as active with the Maryland Department of Assessments and Taxation, that is responsible for governing and operating the school.

(20) "Letter of Tentative Approval" means an initial approval document issued by the Department that authorizes the legal authority to begin operation of a school.

(21) "Local school system" means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities.

(22) "Maryland High School Certificate of Program Completion" has the meaning stated in COMAR 13A.03.02.

(23) "Nongraded educational program" means a program of special education and related services that is provided by a teacher to students for whom the instruction requires extensive and substantial modification.

(24) "Nursery school" means an educational program that is provided by a teacher to students who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.

(25) "Parent" has the meaning stated in COMAR 13A.05.01.

(26) "Partial day special education and related services" means an educational program that is provided by a teacher to students who are enrolled in a general education program and whose IEPs require that the students be enrolled in a special education program for less than the entire school day.

(27) "Personal education plan (PEP)" means a written description of a student's general education program and includes an IEP for an identified student with a disability or disabilities.

(28) "Pregeneral educational development (pre-GED) program" means an educational program that is provided by a teacher to qualified students:

(a) Who do not meet the GED TESTS program entry criteria; and

(b) For whom it is expected that entry into a GED TESTS preparation program will be the appropriate means for earning a Maryland high school diploma issued by the State Board.

(29) "Related services" has the meaning stated in COMAR 13A.05.01.

(30) "Residential special education and related services" means an educational program of special education and related services that is provided by a teacher and other staff to students whose IEPs require that the entire 24-hour day be in a special education program.

(31) "Responsible local school system" means:

(a) The local school system that referred a student for placement in a school providing a special education program; or

(b) In the absence of a local school system referral, the service providing local education agency as defined in Education Article, §4-122, Annotated Code of Maryland.

(32) "School" means an educational program that is:

(a) Provided by a teacher to an organized group of students, at least two of whom do not have the same parent and at least two of whom are not being instructed on a regular daily basis by the student's parent; and

(b) Governed and operated by a legal authority, excluding the federal government or any State, county, or municipal agency, or any division of these.

(33) "School day" means the period of time when a school is regularly scheduled to be open for students who are required to be in attendance for an educational program.

(34) "Secondary school" means an educational program that:

(a) Is provided by a teacher to students in any one or consecutive sequence of grades 9—12;

(b) Consists of instruction in English language arts, mathematics, science, social studies, and other curricular areas required for earning a secondary school diploma.

(35) "Secondary school credit" means the credit:

(a) That is issued by a secondary school upon successful completion of all course work requirements; and

(b) Whose validity is comparable to the credit issued by a Maryland public high school.

(36) "Secondary school diploma" means the document:

(a) That is issued by a secondary school upon successful completion of all graduation requirements as described in these regulations; and

(b) Whose validity is the same as a Maryland high school diploma.

(37) "Special education" has the meaning stated in COMAR 13A.05.01.

(38) "State Board" means the Maryland State Board of Education.

(39) "Student" means an individual 2 through 21 years old who is enrolled in an educational program and who has not earned a nonpublic secondary school diploma, or a diploma or certificate as specified in COMAR 13A.03.02.

(40) "Student with a disability" has the meaning stated in COMAR 13A.05.01.

(41) "Teacher" means an individual, employed by a school, who provides instruction to students and meets the requirements for a teacher as described in this chapter.

(42) "Technology educational program" means an organized program of instruction that consists of a sequence of noncredit courses with an industry focus that:

(a) Provides students with instruction in the evolution, systems, techniques, utilization, and social and cultural significance of technology; and

(b) Is provided by a teacher to students in a school holding an approval document authorizing operation of a pre-GED program or GED TESTS preparation program, or both.