13A.09.10.03

.03 Approval Documents for the Educational Program.

A. Application for Approval.

(1) The legal authority applying for approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter.

(2) The information shall be submitted in accordance with time lines established by the Department.

B. A Letter of Tentative Approval, whose validity period may not exceed 3 years, shall be issued to the legal authority to begin operation of a school when the Department is satisfied that the school has met the requirements of this chapter.

C. A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the school has demonstrated ongoing compliance with this chapter within a period of time not to exceed the first 3 years of operation.

D. The approval document is limited to the following specifications as recorded on it:

(1) Name of the school;

(2) Location of the school;

(3) Name of the legal authority; and

(4) Classification of the educational program to include:

(a) Type I, or Type II general or special education program, or both, to include one or more of the following:

(i) Nursery school with ages specified;

(ii) Kindergarten;

(iii) Elementary school with grades specified;

(iv) Secondary school with grades specified;

(v) Adult basic education program;

(vi) Pre-GED program;

(vii) GED TESTS preparation program;

(viii) Career development educational program;

(ix) Technology educational program;

(b) Special education and related services that include one or a combination of the following:

(i) Full-day special education and related services;

(ii) Partial-day special education and related services;

(iii) Residential special education and related services;

(iv) Disability or disabilities of students;

(v) Nursery school with ages specified;

(vi) Kindergarten;

(vii) Elementary school with grades specified;

(viii) Secondary school with grades specified;

(ix) Nongraded educational program to include the ages of the students enrolled;

(c) Type III general education program to include one or more of the following:

(i) Nursery school with ages specified;

(ii) Kindergarten or grades 1—12, or any consecutive sequence of these that continue implementation of a student's public school program;

(iii) Diagnostic-prescriptive educational program;

(iv) Pre-GED program; or

(v) GED TESTS preparation program.

E. A legal authority shall operate a school in a manner that is consistent with the specifications as recorded on the Letter of Tentative Approval or Certificate of Approval issued to the legal authority.

F. A legal authority may not assign, transfer, or alter its approval document without the approval of the State Board.

G. A school shall post its approval document in a conspicuous place on the premises to which it applies.

H. If a legal authority is planning a change in operation that is inconsistent with the specifications recorded on its approval document, the legal authority shall:

(1) Notify the Department in writing at least 60 calendar days before the intended change to the specifications recorded on its approval document;

(2) Furnish information that the State Board considers necessary to approve the change planned by the legal authority; and

(3) Certify compliance with this chapter on forms provided by the Department.

I. A legal authority may not implement a change in operation of the school under §D of this regulation until the State Board has issued an approval document reflecting the change.

J. A legal authority may not seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school under any one or a combination of the following circumstances:

(1) The school demonstrates an area or areas of noncompliance;

(2) The school has not filed its annual report with the Department;

(3) The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or

(4) The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .05 of this chapter.

K. Notwithstanding the requirement established in §J of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Letter of Tentative Approval or Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.

L. A legal authority shall inform the Department in writing at least 30 calendar days before the educational program ceases operating.

M. The approval document of a school is void if the legal authority:

(1) Ceases operating the educational program;

(2) Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and the legal authority does not appeal that order;

(3) Is ordered by the State Board to cease operating the educational program because of noncompliance with this chapter and that decision is upheld through the judicial review process; or

(4) Is not registered as active with the Maryland Department of Assessments and Taxation.