13A.09.10.20

.20 Type III Educational Programs.

A. In a Type III educational program, the school shall provide a transitional instructional program to the residents of the licensed facility, not to exceed an average of 60 school days, in a facility licensed by a unit of State government.

B. A school may provide any one or combination of the following Type III educational programs:

(1) Nursery school;

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

(3) Diagnostic-prescriptive educational program;

(4) Pre-GED program; or

(5) GED TESTS preparation program.

C. Description of the Educational Program.

(1) A school shall have a written description of its educational program prepared as a single narrative that is distributed to the representatives of agencies placing students at the school.

(2) The written description referenced in §C(1) of this regulation shall include all of the following:

(a) A statement of the purpose or goals toward which the educational program's efforts are directed;

(b) The name of the legal authority;

(c) Identifying information to include the name of the school, address of the school, and telephone number of the school;

(d) Table of organization or organizational chart to include:

(i) The name of the legal authority;

(ii) The governing board of the educational program, if applicable;

(iii) The specific structure and components of the educational program; and

(iv) If applicable, any other program components governed and operated by the same legal authority at the same location;

(e) Student enrollment capacity and characteristics including the age and gender of each student enrolled;

(f) Educational program or programs provided, as specified in §B of this regulation;

(g) Teacher or teachers employed to implement the educational program; and

(h) Description of the physical facilities used by the educational program.

D. Admission of students with an IEP in a Type III Educational Program. A school shall maintain and implement policies and procedures for the admission of a student with an IEP or suspected disability into a general education program, as outlined in the Department's "Policies and Procedures for Educating a Student with an Individualized Education Program (IEP) in a Type I or Type III Nonpublic General Education Program Approved under COMAR 13A.09.10."

E. Acquisition of Previous Student Records.

(1) Within 5 school days of a student's placement, a school shall acquire all of the following educational information from an official of the previous school placement for a student in order to determine an appropriate educational program:

(a) Student's previous grade placement;

(b) Student's performance in each curricular area;

(c) Student's high school credits earned to date, if applicable;

(d) Student's IEP, if applicable;

(e) Maryland assessment results, if applicable; and

(f) Student's days of attendance in the current school year.

(2) The information in §D(1) of this regulation may be acquired by telephone or by electronic means.

(3) A school shall maintain a record of the information acquired in accordance with §D(1) of this regulation. This record shall include the month, day, and year of contact, and the name and title of the individual from whom the information was acquired.

(4) When a school does not have the previous student record of a student, a school shall document at least two attempts to acquire the previous student records within 5 school days of the student's placement to include the following information:

(a) The month, day, and year of contact;

(b) The name and title of the individual from whom the information was requested; and

(c) The result of each attempt.

F. Personal Education Plan (PEP).

(1) Within 5 school days of entering a facility, a school shall develop a PEP for each student.

(2) The PEP shall include all of the following:

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

(b) Student's gender;

(c) Month, day, and year of the student's birth;

(d) Beginning month, day, and year for implementation of the PEP;

(e) Grade level of student's performance in reading and mathematics;

(f) Standardized tests or diagnostic tests, or both, used to determine the grade level of the student's performance in reading and mathematics, and the month, day, and year of administration;

(g) Educational program or programs in which a student is enrolled as specified in §B of this regulation;

(h) Student's educational plan with at least one goal for each area of instruction;

(i) Schedule of student's classes and teachers;

(j) Transition plan to prepare the student for specific further education or training, employment, or independent living, or any combination of these;

(k) Month, day, and year of PEP development; and

(l) Signature of individual who developed the PEP.

G. Student Progress Report.

(1) When a student leaves a school, a progress report that includes all of the following information shall be prepared:

(a) Performance or grades, or both, in each curricular area;

(b) Code for the meaning of the performance information or grades, or both;

(c) Month, day, and year of entrance in the educational program;

(d) Month, day, and year of withdrawal from the educational program;

(e) Specific days of attendance in the educational program;

(f) Hours of instruction in each curricular area at the secondary level; and

(g) Recommendations for educational placement, including referral for special education services, if appropriate.

(2) The progress report and PEP of a student shall be given to the placing agency representative upon discharge from the facility.

H. Instructional Materials and Equipment.

(1) A school shall own instructional materials and equipment that include print, manipulative, audiovisual and electronic materials, and equipment in sufficient variety, quantity, and quality to implement the educational program.

(2) The instructional materials and equipment used by the local school system to implement the general education curriculum that is aligned with the State Curriculum shall be used to implement the educational programs specified in §B(2) of this regulation.

I. Certificate for Teachers.

(1) With the exception of a teacher providing instruction in a GED TESTS preparation program, a teacher shall hold a valid Maryland teaching certificate.

(2) A teacher providing instruction in a GED TESTS preparation program shall hold at least one of the following credentials:

(a) Bachelor's degree from an IHE;

(b) 120 semester hours of college credit from an IHE; or

(c) Bachelor's degree equivalent as determined by a Department designated independent agency authorized to evaluate foreign credentials.

J. Student-to-Teacher Ratio. The student-to-teacher ratio may not exceed ten students to one full-time certified teacher unless the Department approves a written justification for the increased number that is educationally sound.

K. Schedule of the School Day. A school shall:

(1) Develop a written schedule of the school day including the beginning and end of the school day and other important periods;

(2) Distribute the schedule of its school day to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable;

(3) Operate for at least 3 clock hours a day exclusive of time scheduled for meals; and

(4) Be in session 5 days a week except for holidays, vacations, and other pertinent events or activities.

L. Calendar of the School Year. A school shall:

(1) Develop a written calendar of the school year that includes the month, day, and year for the opening and closing of the school, and the specific and total number of days of instruction;

(2) Provide at least 180 days of instruction per year; and

(3) Distribute the written calendar to the representatives of agencies placing students in the school or to the parents of students enrolled, as applicable.