Sec. 13a.05.02.13. Local Public Agency Administration

A. Assurance.

(1) A local school system shall ensure that all students with disabilities, 3 years old through the end of the school year in which the student turns 21 years old, residing within the jurisdiction of the local school system are located, identified, evaluated, and provided services consistent with 20 U.S.C. §§1400-1419, 34 CFR 300 and 301, Education Article, §§8-401-8-415, Annotated Code of Maryland, and COMAR 13A.05.01.

(2) Students under §A(1) of this regulation include:

(a) Students with disabilities attending private schools within the jurisdiction of the local school system;

(b) Highly mobile students;

(c) Migrant students;

(d) Homeless students, as defined in COMAR 13A.05.09;

(e) Wards of the State, as defined in 34 CFR §300.45 and Education Article §8-412, Annotated Code of Maryland; and

(f) Students who are suspected of being a student with a disability under 34 CFR §300.8 and in need of special education, even though they are advancing from grade to grade, in accordance with 34 CFR §300.101.

B. Interagency Collaboration. A local school system shall establish and maintain interagency planning and program implementation agreements for students with disabilities in the manner specified by the Department or Article 49D, Annotated Code of Maryland.

C. Local Application for Federal Funds.

(1) A public agency shall submit a local application for Part B funds annually, in the manner specified by the Department, consistent with 20 U.S.C. §1413(a), including:

(a) Grant budgets;

(b) Policies and procedures for the implementation of FAPE for students with disabilities, consistent with federal and State laws and regulations; and

(c) A staffing plan consistent with §D of this regulation.

(2) The Department shall review the local application, as described in §C(1) of this regulation, and issue a written decision to the public agency.

(3) The Department shall prohibit a public agency from reducing maintenance of effort for any fiscal year, consistent with 20 U.S.C. §1413(a)(2), 34 CFR §300.203, and COMAR 13A.02.05, and in accordance with 20 U.S.C. §1416(f), if the Department determines a public agency is not meeting the:

(a) Requirements of the Act; and

(b) Targets in the State performance plan.

(4) Early Intervening Services. A local school system may use not more than 15 percent of the federal funds received under the Act to develop and implement coordinated early intervening services in accordance with 20 U.S.C. §1413(f) and 34 CFR §300.226.

(5) Disproportionality. A local school system shall reserve 15 percent of the federal funds in accordance with 20 U.S.C. §1418(d)(2)(B) and 34 CFR §300.646 to provide comprehensive, coordinated early intervening services consistent with 20 U.S.C. §1413(f) and 34 CFR §300.226 to serve students identified in those groups where significant disproportionality exists.

(6) A public agency shall make available all documents relating to the eligibility of the public agency in accordance with 20 U.S.C. §1413(a)(8) and 34 CFR §300.212.

D. Staffing Plan.

(1) A public agency shall develop a staffing plan consistent with the procedures provided by the Department to ensure that personnel and other resources are available to provide FAPE to each student with a disability in the least restrictive environment as determined by an IEP team.

(2) The local board shall approve the staffing plan.

E. Procedural Safeguards.

(1) A public agency shall establish and maintain procedures consistent with 20 U.S.C. §1415, 34 CFR §§300.500-300.536, and COMAR 13A.05.01.11-15 and .16C to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a FAPE.

(2) Parent Surrogates. A public agency shall appoint a parent surrogate for a student with a disability, as described in COMAR 13A.05.01.11G and in accordance with Education Article, §8-412, Annotated Code of Maryland.

F. Continuum of Alternative Placements. A public agency shall ensure a continuum of alternative placements is available for students with disabilities who require special education and related services, consistent with COMAR 13A.05.01.10B.

G. Reports. A public agency shall submit reports at the time and in the manner specified by the Department.

H. Accessibility of Technology-Based Instructional Products.

(1) A public agency shall ensure that a request for bid, request for proposal, and local public agency guidelines for the selection and evaluation of technology-based instructional products used by students include the requirements governing equivalent access consistent with Subpart B, Technical Standards, Section 508 of the Rehabilitation Act of 1973, as amended.

(2) A public agency shall ensure that technology-based instructional products provide students with disabilities equivalent access unless doing so would:

(a) Fundamentally alter the nature of the instructional activity;

(b) Result in undue financial and administrative burdens on the public agency; or

(c) Not meet all other specifications.

(3) If a technology-based instructional product meets the criteria described in §H(2) of this regulation or is not available, the public agency shall implement an alternative method of instruction designed to enable a student with a disability to access the general curriculum and meet the student's IEP goals and objectives as specified in COMAR 13A.05.01.09A.

I. Local Special Education Citizens Advisory Committee.

(1) Each local school system shall establish a special education citizens advisory committee to advise the local school system on the needs of students with disabilities within the jurisdiction.

(2) The Department shall annually allocate federal funds to each local school system to support the activities of the local special education citizen advisory committee.

(3) Each local school system shall submit a budget for the use of federal funds, consistent with §C(1)(a) of this regulation.

J. Charter Schools. A local school system shall serve students with disabilities attending charter schools in the same manner as the public agency serves students with disabilities in its other schools, in accordance with 20 U.S.C. §1413(a)(5) and Education Article, Title 9, Annotated Code of Maryland.

K. Medications. Public agencies may not require a student with a disability to obtain a prescription for a substance covered by the Controlled Substances Act, as described in 20 U.S.C. §1412(a)(25), as a condition of:

(1) Attending school;

(2) Receiving an evaluation; or

(3) Receiving special education and related services in accordance with COMAR 13A.05.01.

L. Personnel Development. A public agency shall ensure all personnel necessary to implement the Act are prepared in accordance with 20 U.S.C. §1412(a)(14), 34 CFR §300.207, and §2122 of the Elementary and Secondary Education Act of 1965.

M. Purchase of Instructional Materials. A public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials in the same manner and subject to the same conditions as the Department as described in Regulation .04 of this chapter and in accordance with 34 CFR §300.210 and Education Article, §8-408(d), Annotated Code of Maryland.

N. Reimbursement of Licensing Fee.

(1) A local school system shall provide an amount equal to the initial licensing fee or renewal of license fee to an audiologist or speech-language pathologist, in accordance with Education Article, §6-112.1, Annotated Code of Maryland, who:

(a) Provides audiology and speech language services on a third-party billing basis in schools; and

(b) Is licensed by the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.

(2) An audiologist or speech-language pathologist shall reimburse the local school system the full amount of aid received if the audiologist or speech-language pathologist does not:

(a) Complete all the requirements for renewal of a license; or

(b) Provide audiology or speech-language pathology services on a third-party billing basis in a school.

O. Transition from a Local Infants and Toddlers Program. The public agency shall ensure that a representative of the public agency attends the local infants and toddlers transition planning meeting as described in 20 U.S.C. §1437(a)(9)(A)(ii)(II).