1. A. A Type I educational program is one or a combination of the following instructional programs provided by a school, on the grounds of the school, on a full-time basis to students who are enrolled in the instructional program of the school:

   1. (1) Nursery school, kindergarten, elementary school, secondary school, or a consecutive sequence of these;
   2. (2) Adult basic education;
   3. (3) Pre-GED program;
   4. (4) GED TESTS preparation program;
   5. (5) Career development educational program;
   6. (6) Technology educational program;
   7. (7) Special education and related services.

2. B. Description of the Educational Program.

   1. (1) A school shall have a written description of its educational program prepared as a single narrative that includes the following:

      1. (a) A statement of the purpose or goals toward which the educational program's efforts are directed;
      2. (b) The name of the legal authority;
      3. (c) Identifying information to include the name of the school, address of the school, and telephone number of the school;

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

         1. (i) The name of the legal authority;
         2. (ii) The governing board of the educational program, if applicable;
         3. (iii) The specific structure and components of the educational program; and
         4. (iv) If applicable, any other program components governed and operated by the same legal authority at the same location;
      5. (e) Student enrollment capacity and characteristics, including age, gender, and disability, if applicable;
      6. (f) Educational program or programs provided;
      7. (g) Staff positions employed to implement the educational program, including related services staff and residential staff in special education programs as applicable; and
      8. (h) Description of the physical facilities used by the school.
   2. (2) A school's written description of its educational program shall be distributed to public agency placement officials.

3. C. Student-to-Teacher Ratio.

   1. (1) A teacher shall implement the educational program for each class.
   2. (2) With the exception of a full-day special education or residential special education program, a school may not assign more than ten students to one full-time certified teacher unless the Department approves a written justification that provides an educationally sound basis for the increased number.
   3. (3) With the exception of a full-day special education or residential special education program, a school shall assign a full-time aide to each class of students enrolled in a nursery school or kindergarten.

4. D. Admissions Criteria.

   1. (1) A school shall have a written statement of admissions criteria that includes, but is not limited to, the following components:

      1. (a) Age;
      2. (b) Gender;
      3. (c) Disability or disabilities, if applicable;
      4. (d) Academic performance levels;
      5. (e) Behavioral characteristics;
      6. (f) Behavior or other characteristics that would preclude admission; and
      7. (g) Grade or grades.

   2. (2) Kindergarten.

      1. (a) A child who will be 5 years old or older on September 1 is age eligible for enrollment in a kindergarten program.
      2. (b) A school may adopt policies and procedures permitting a 4-year-old child to be admitted to kindergarten, upon the request of the parent or guardian, if the school determines that the child demonstrates capabilities warranting early admission.
   3. (3) Admission of Students with an IEP in a General Education Program. A school shall maintain and implement policies and procedures for the admission of a student with special education needs 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”.
   4. (4) On an annual basis, a school shall distribute its written statement of the criteria for admission to the school to the placement unit of each agency placing a student in the educational program.

Authority: Education Article, §§2-205, 2-206, 2-206.1, 2-304, 7-301, 7-403, and 8-406; Family Law Article, Title 5, Subtitles 5 and 7; Annotated Code of Maryland

Effective date: July 28, 1986 (13:15 Md. R. 1736)

Regulations .02B, .04B, C, .05C, H, .06, .07C, D, and .08C—E amended effective January 15, 1989 (15:27 Md. R. 3137)

Chapter, Educational Programs Operated by a Nonpublic Residential Juvenile or Child Care Facility, repealed effective March 29, 1993 (20:6 Md. R. 582)

Regulations .01—.11, Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities, adopted effective March 29, 1993 (20:6 Md. R. 582)

Regulations .01—.11, repealed and new Regulations .01—.15 adopted effective September 3, 2001 (28:17 Md. R. 1558)

Regulation .02B amended effective September 2, 2002 (29:17 Md. R. 1381)

Regulation .09D amended effective September 2, 2002 (29:17 Md. R. 1381)

Regulations .01—.15 repealed and new Regulations .01—.20 adopted effective August 29, 2005 (32:17 Md. R. 1439)

Regulation .01C adopted effective August 28, 2006 (33:17 Md. R. 1438)

Regulation .02B amended effective August 28, 2006 (33:17 Md. R. 1438); December 1, 2008 (35:24 Md. R. 2079)

Regulation .05 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .06A amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .09C, D amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .10A amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .12B amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .13 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .14 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .15A amended effective December 1, 2008 (35:24 Md. R. 2079); January 14, 2010 (37:1 Md. R. 15)

Regulation .16B, C amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .17 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .17D amended effective January 14, 2010 (37:1 Md. R. 15)

Regulation .18C amended effective August 28, 2006 (33:17 Md. R. 1438)

Regulation .19 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .20 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .20H amended effective August 28, 2006 (33:17 Md. R. 1438); January 14, 2010 (37:1 Md. R. 15)