Sec. 13a.03.05.03. Responsibility of Local School Systems

A. Nature.

(1) Each local school system shall make instructional services available to students who are unable to participate in their school of enrollment for those reasons set forth in this chapter. In making instructional services available, local school systems shall consult with the parent, guardian, student, psychologist, physician, psychiatrist, and nurse practitioner, as appropriate.

(2) Instructional services, as outlined in this chapter, shall be available to all students during convalescence or treatment time in a medical institution, or therapeutic treatment center, and at the student's place of residence, or all of these.

B. Service Delivery.

(1) Each local school system shall:

(a) Determine the manner in which instructional services shall be delivered to a student;

(b) Develop safety procedures, including training, to ensure an appropriately supervised safe environment for teachers and students; and

(c) Develop a review process to resolve any disagreement that arises in the implementation of this chapter.

(2) Instructional services as outlined in this chapter shall be delivered by an individual possessing a minimum of a bachelor’s degree from an institution of higher education as defined in COMAR 13A.12.01.02B. This requirement does not apply to an individual who has demonstrated satisfactory performance as a home and hospital teacher in a local school system before July 1, 2001.

C. Delivery Options. The local school system may:

(1) Provide directly instructional services to a student;

(2) Contract with private providers to deliver instructional services;

(3) Contract with other local school systems to provide instructional services; or

(4) Combine any of the delivery options described in §C(1)-(3) of this regulation.

D. Attendance and Time of Instruction.

(1) A local school system shall either maintain a student on the regular school roll and count the student as present, except when a student is not available for the scheduled instructional service, in which event the student is counted absent, or establish a school for record-keeping purposes called a home and hospital school with a local school number. In the latter event, a student identified for home and hospital teaching shall be withdrawn from the roll of the school the student attends and transferred to the roll of the home and hospital school. The student shall be counted as present, except when the student is not available for the scheduled instructional service. In this instance, the student is counted absent.

(2) The length of instruction for students in a full-day program is a minimum of 6 hours a week.

(3) The length of instruction for students in half-day programs is a minimum of 3 hours a week.

(4) A local school system shall determine the need for service and begin instruction as soon as possible, but not later than 10 school calendar days following the:

(a) Notification to the local school system of the inability of the student to attend the school of enrollment; and

(b) Receipt of the verification of the need for services as provided in Regulation .04 of this chapter.