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Title 13A December
1991
State Board of
Education
Subtitle 10 Home
Instruction
13A.10.01 General
Regulations
Authority: Education
Article, s7-301,
Annotated Code of
Maryland
.01 Home Instruction
Program.
A.
Purpose. The purpose of this regulation is
to establish a procedure to be used by the
superintendent of each local school system to
determine if a child participating in a home
instruction program is receiving
regular, thorough instruction during the
school year in the studies usually taught in the
public schools to children of the same
age.
B. Written
Agreement. A parent or guardian who chooses
to teach a child at home shall sign a statement
on a form prescribed by the State Department of
Education which:
(1) Indicates
consent to the requirements set forth in ssC,
D, and E; and
(2) Shall be
submitted to the local superintendent at
least 15 days before the beginning of a home
instruction program.
C. Instruction
Program. The home instruction program
shall:
(1) Provide
regular, thorough instruction in the studies
usually taught in the public schools to
children of the same age;
(2) Include
instruction in English, mathematics, science,
social studies, art, music, health, and
physical education; and
(3) Take place on a
regular basis during the school year program
and be of sufficient duration to implement
the instruction program.
D. Education
Materials. A parent or guardian who chooses
to teach a child at home shall maintain a
portfolio of materials which:
(1)
Demonstrates the parent or guardian is
providing regular, thorough instruction
during the school year in the areas specified
in sC(1) and (2).
(2) Includes
relevant materials, such as instructional
materials, reading materials, and examples of
the child's writings, worksheets, workbooks,
creative materials, and tests.
(3) Shall be
reviewed by the local superintendent or the
superintendent's designee at the conclusion
of each semester of the local school system
at such time as are mutually agreeable to the
local superintendent or designee and the
parent or guardian.
E. State
Review. A parent or guardian shall agree to
permit a representative of a local school system
to review the portfolio of education materials,
discuss the instructional program, and observe
instruction provided that all of the following
requirements are met:
(1) The review
is at a time and place mutually agreeable to
the representative of the local school system
and the parent or guardian;
(2) The purpose of
the review is to ensure that the child is
receiving regular, thorough instruction as
set forth in sC;
(3) There are not
more than three reviews during the school
year.
F. Additional
Requirements. A local school system may not
impose additional requirements for home
instruction programs other than those in these
regulations.
.02 Voluntary
Participation in Standardized
Testing.
Upon request of a
parent or guardian, a child receiving home
instruction may participate in the regularly
scheduled standardized testing programs that are
administered in the public school the child is
eligible to attend.
Title 13A State Board
of Education Subtitle 10 Home Instruction
13A.10.01 General Regulations Authority:
Education Article, s7-301, Annotated Code of
Maryland
.03 Noncompliance with
Requirements.
A. Failure to
Consent. If a parent or guardian does not
agree to the requirements of Regulation .01B, C,
and D, above, a child shall be enrolled promptly
in a public school or nonpublic school as
defined in COMAR 13A.09.09.02B(4)(a).
B. Deficiencies in
the Program. If a local superintendent
determines on the review of the home instruction
program or inspection of the portfolio that a
child is not receiving a regular, thorough
instruction program in conformity with
Regulation .01C and D, the local superintendent
shall notify the parent or guardian in writing
of any deficiencies in the program. The
following apply:
(1) Within 30
days of receipt of notification of any
deficiencies, the parent or guardian shall
provide evidence to the local superintendent
that the deficiency has been or is being
corrected.
(2) If a local
superintendent determines there is not a
satisfactory plan to correct a deficiency or
if a deficiency is not corrected a child
shall be enrolled promptly in a public school
or a nonpublic school as defined in COMAR
13A.09.09.02B (4)(a).
.04 Placement in Public
School.
Upon application
of a child for admission to a public school from
a home instruction program, the local
superintendent shall determine by an evaluation
the placement of the child and any credits to be
awarded toward high school graduation. The
evaluation may include administration of
standardized tests and examinations and
interviews with the child.
.05 Home Instruction
Under Supervision of Nonpublic
School.
A parent or
guardian may provide instruction for a child at
home without compliance with the requirements of
this regulation, other than the requirements of
Regulations .01B(2) and .04, if that instruction
is offered through correspondence courses and is
under the supervision of a:
A. School or
institution offering an educational program
operated by a bona fide church organization,
and the supervision includes at a minimum all
of the following components:
(1)
Pre-enrollment conferences with parents or
guardians,
(2) Textbooks,
lesson materials, and other instructional
materials or equipment designed to be used
independently by the pupil at a site other
than the school,
(3) Annual visits
by supervisory personnel to the site where
the pupil is receiving instruction,
and
(4) Conferences
with parents or guardians at appropriate
intervals during the period of enrollment;
or
B. Nonpublic school
with a certificate of approval from the State
Board of Education, and the supervision
includes at a minimum all of the following
components:
(1)
Textbooks, lesson materials, and other
instructional materials or equipment
designed to be used independently by the
pupil at a site other than a school,
and
(2) Assignment of
a school-based teacher to assist the home
teacher in using the correspondence
courses and to assist the pupil by issuing
progress reports, marking papers, and
grading tests.
Effective Date: December
1991
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