13A.09.10.17

.17 Type I Educational Program — Requirements for a Special Education Program.

A. A school shall provide special education and related services, as applicable, consistent with each student's IEP developed through the local school system's IEP team.

B. A school shall provide special education and related services to include an organized program of instruction in English language arts, mathematics, science, social studies, and other curricular areas as appropriate.

C. A school that provides special education containing a pre-GED or GED TESTS preparation program, or both, as a part of the special education program, shall meet the requirements specified in Regulation .15C and D, and Regulation .15E if applicable, of this chapter for those educational programs.

D. Curriculum Guides. A school that provides nursery school, kindergarten, grades 1—12, or any combination of these shall implement the Maryland State Curriculum, the general education curriculum of a local school system, or both, as applicable, for each subject at each grade or age level as specified on its approval document.

E. Student-to-Teacher Ratio.

(1) A school shall provide sufficient teachers and other personnel to implement each student's IEP.

(2) Full-Day Special Education.

(a) The average class size may not exceed six students with disabilities per full-time certified teacher.

(b) If an aide is present in each class, the average class size may not exceed nine students with disabilities per full-time certified teacher.

(c) The average class size for students with significant orthopedic impairments may not exceed seven students with disabilities per full-time certified teacher when an aide is present in each class.

(3) Residential Special Education. A school providing residential special education services as specified on the approval document of the school shall meet the following student-to-teacher ratio for its entire special education program:

(a) The average ratio of students to qualified staff may not exceed an average of four students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider; or

(b) If an aide is present in every class, the average ratio of students to qualified staff may not exceed seven students with disabilities per full-time certified teacher and, if applicable, full-time certified or licensed related services provider.

F. Assessment.

(1) As a condition of admission, a school shall have on file assessments provided by the local school system for each student enrolled, as required by COMAR 13A.05.01.

(2) The assessments as required by COMAR 13A.05.01 shall document each student's eligibility for the special education and related services provided by the school in accordance with the student's IEP.

G. Individualized Education Program (IEP).

(1) As a condition of admission, a school shall have on file a copy of the IEP approved by the local school system for each student before implementing the student's educational program.

(2) A school shall implement the IEP approved by the local school system for each student enrolled for each year of the student's enrollment.

(3) The current IEP of each student shall be available in the classroom of each student.

(4) Documentation of Student Progress Toward IEP Goals.

(a) A school shall document student progress in the achievement of IEP goals as often as the progress of students without disabilities is documented.

(b) A school shall provide a copy of its IEP progress documentation to the local school system of each student.

(5) Documentation of Each Related Service.

(a) A school shall maintain documentation of each related services session provided as required by the IEP of each student enrolled.

(b) That documentation shall contain the following information:

(i) Student's first, middle, and last names;

(ii) Month, day, and year of each related services session;

(iii) Length of time of each related services session;

(iv) IEP goal or objective being implemented during each session and notes regarding progress; and

(v) Signature and title of the related services provider.

(6) A school shall maintain policies and procedures approved by the placing local school system or systems that provide for notification to the local school system regarding related services specified on the IEP of a student that the school has not provided.

H. Administrative Practices.

(1) A school providing a special education program to students with disabilities not placed in the school by a local school system shall have:

(a) A written agreement with the local school system where the school is located that describes the local school system's responsibility for implementing the procedural safeguards of COMAR 13A.05.01 in cooperation with the school; or

(b) If no written agreement is developed, documentation of at least two attempts to enter into a written agreement with the local school system.

(2) A school shall have written policies and procedures for:

(a) Participating in the development of an IEP with the local school system that referred the student for placement; and

(b) Promptly notifying the local school system if the IEP needs to be revised after a student is enrolled.

(3) A school shall have written policies and procedures for dismissal of students, including:

(a) Promptly requesting that the responsible local school system that referred the student for placement conduct an IEP team meeting before a recommendation to dismiss a student is made; and

(b) Maintaining a student's placement during mediation or due process proceedings, unless the IEP provides for an alternative placement during due process proceedings and the parent has agreed to the alternative placement.

(4) In accordance with COMAR 13A.08.01 and 13A.08.03, a school shall have written policies and procedures for notifying the responsible local school system regarding either the removal of a student for more than 10 consecutive school days or a series of removals of a student that constitute a pattern because the removals cumulate to more than 10 school days in a school year.

I. Residential Special Education and Related Services. A school providing residential special education and related services:

(1) Shall provide documentation that it implements the residential component of the IEP for each student;

(2) Shall provide documentation of the integration of the day and residential programs;

(3) Shall hold all licenses as required by State or local government, or both, to operate; and

(4) May not be approved to operate in a private home.