1. A. Upon receipt of notification from the Department that a school's habitual truancy 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 behavior modification program developed in collaboration with the Department.

2. B. A school is subject to this regulation if it has a truancy rate that exceeds:

   1. (1) 8 percent of its enrollment for the 2008—2009 school year;
   2. (2) 6 percent of its enrollment for the 2009—2010 school year;
   3. (3) 4 percent of its enrollment for the 2010—2011 school year;
   4. (4) 2 percent of its enrollment for the 2011—2012 school year; and
   5. (5) 1 percent of its enrollment for the 2012—2013 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. A 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 school has already implemented a PBIS or an alternative behavior modification program; and
   2. (2) The school has a truancy rate that exceeds the standard specified in §B of this regulation.
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.

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)