Sec. 13a.05.02.14. Nonpublic Placements by Local School Systems

A. General. A local school system shall consider the placement of a student with a disability in a nonpublic program when:

(1) The local school system cannot implement the student's IEP; and

(2) The nonpublic school program to which the student has been referred:

(a) Has been approved by the Department;

(b) Can implement the student's IEP; and

(c) Is the least restrictive environment.

B. State Contributions for Funding In-State Nonpublic Placements.

(1) A State contribution for funding the costs of a placement for a student with a disability in an approved nonpublic school program is available for placements which meet the requirements of Education Article, §8-406, Annotated Code of Maryland, and Regulation .12 of this chapter.

(2) A local school system requesting a State funding contribution in accordance with Education Article, §8-414, Annotated Code of Maryland, shall apply to the Department for approval of the funding contribution for the placement of the student at the time and in the manner specified by the Department.

(3) The local school system shall provide written notice to the parents of a student with a disability when an application for a State contribution for funding a nonpublic school placement is submitted to the Department.

(4) If the Department disapproves a request for State funding of a nonpublic school placement recommended by a local school system for a student with a disability, the Department shall identify an available appropriate alternative placement.

(5) State Contribution for Funding an In-State Residential Placement.

(a) A local school system shall obtain approval from the LCTbefore a local school system requests a State funding contribution of an in-State residential placement for a student with a disability.

(b) A local school system shall notify the Department of the LCT approval when the request for a State funding contribution is submitted to the Department.

C. State Contribution for Funding Out-of-State Nonpublic Placements.

(1) A local school system shall participate as a member of the LCT and the LMB, in accordance with COMAR 14.31.01.

(2) A local school system shall obtain approval from the LCTto request a State contribution for funding an out-of-State nonpublic placement for a student with a disability whose educational needs cannot be met in an in-State nonpublic placement consistent with §A of this regulation.

(3) The LCT shall review the funding request for an out-of-State nonpublic placement in accordance with COMAR 14.31.01.

(4) If the LCT approves the out-of-State nonpublic placement funding request, the local school system shall forward the funding request and supporting documentation at the time and in the manner specified by the SCC.

(5) On approval of the State contribution for funding the out-of-State residential nonpublic placement, the SCC shall notify the Department and the local school system.

D. Limitations on Local School System and State Funding Contributions to Nonpublic Placements.

(1) If the LCT determines that a student with a disability requires a nonpublic placement for noneducational reasons, the local school system may agree to be responsible for the educational cost not to exceed the local share of the basic cost of the local school system education program, as defined in Education Article, §8-415, Annotated Code of Maryland.

(2) The local school system is not responsible for the cost of the educational component of a nonpublic placement if the placement:

(a) Is not required to provide a student FAPE consistent with COMAR 13A.05.01.06 and §A of this regulation; and

(b) Is made by another agency without local school system approval for funding.

(3) Notwithstanding §D(2) of this regulation, the local school system shall:

(a) Assist the placing agency with the transfer of educational records as set forth in Education Article, §§8-501-8-506, Annotated Code of Maryland; and

(b) Review student progress at least annually, in accordance with COMAR 13A.05.01.07 -10.

(4) When another public agency places a student with a disability in a residential placement as defined in COMAR 14.31.01.02B(18), for noneducational reasons, the nonpublic school shall:

(a) Immediately enroll the student;

(b) Allow the student to access the full array of instructional opportunities offered by the nonpublic school; and

(c) Provide special education and related services as outlined in the student's IEP.

E. In accordance with the fiduciary responsibilities for public funds, the Department may audit the records of nonpublic schools to which the Department has contributed funding for placements.