1. A. Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

   1. (1) A PBIS; or
   2. (2) An alternative behavioral modification program developed in collaboration with the Department.

2. B. An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds:

   1. (1) 18 percent of its enrollment for the 2005—2006 school year;
   2. (2) 16 percent of its enrollment for the 2006—2007 school year;
   3. (3) 14 percent of its enrollment for the 2007—2008 school year;
   4. (4) 12 percent of its enrollment for the 2008—2009 school year; and
   5. (5) 10 percent of its enrollment for the 2009—2010 school year and each school year thereafter.

3. C. The school principal or the principal's designee and appropriate staff members shall:

   1. (1) Develop a plan for implementing a program as set forth in §A of this regulation;
   2. (2) Attend PBIS or alternative behavior modification training program approved by the Department; and
   3. (3) Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program.

4. D. The following apply to an elementary school that has at least one grade beyond grade 5:

   1. (1) The suspension rates in §B of this regulation shall apply to students in prekindergarten through grade 5; and
   2. (2) PBIS or the alternative behavioral modification program shall focus on students in prekindergarten through grade 5.
5. E. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

6. F. An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

   1. (1) The elementary school has already implemented a PBIS or an alternative behavior modification program; and
   2. (2) The elementary school has a suspension rate that exceeds the standard specified in §B of this regulation.

Authority: Education Article, §§2-205 and 7-304.1, Annotated Code of Maryland

Effective date: March 13, 2006 (33:5 Md. R. 522)

Regulation .01B amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766)

Regulation .02 amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766)

Regulation .03 adopted effective May 31, 2010 (37:11 Md. R. 766)