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Legal Mandates

COMAR 13A.03.05

This State bylaw sets forth the purpose and basic procedures for providing instructional services for homebound students. The Home and Hospital Teaching Office adheres to these established guidelines.

The program includes instructional service to the student who is being maintained at home, in a therapeutic center, or in a hospital for purposes of convalescence or treatment, and is restricted by a physician or psychologist for reasons of physical or emotional health from attending a school-based program. The period of time this program is provided varies with the severity of the medical condition. Instructional services to a student in emotional crisis who is being maintained at home or in a hospital shall be available only on an emergency basis.

Home and Hospital service is subject to review thirty (30) calendar days after the initial determination of eligibility. Continuation of service beyond sixty (60) calendar days requires re-verification of need.

In implementing these regulations, the Howard County Public Schools shall comply with the Individuals with Disabilities Education Act, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973, as appropriate.

Bylaw

Title 13A
STATE BOARD OF EDUCATION
Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS
Chapter 05 Administration of Home and Hospital Teaching for Students
Authority: Education Article, 2-205, 6-704, 7-101, 7-301, and 8-403,
Annotated Code of Maryland

.01 Scope.

A. These regulations, which establish a minimum requirement, apply to the provision of instructional services to public school students who are unable to participate in their school of enrollment due to a physical or emotional condition.

B. In implementing these regulations, all school systems shall comply with the Individuals with Disabilities Education Act, Americans with Disabilities Act, and §504 of the Rehabilitation Act of 1973, as appropriate.

C. Concurrent delivery of instructional services and enrollment in a public school shall be provided for a student whose physical condition requires the student to be absent from school on an intermittent basis. These conditions include, but are not limited to, kidney failure, cancer, asthma, cystic fibrosis, and sickle cell anemia.

D. Instructional services shall be provided to an identified student with disabilities in accordance with federal and State special education law and regulations, including COMAR 13A.05.01. The student and parents be involved in the process and are entitled to all rights and due process procedures included within these laws and regulations.

E. Excluded from these regulations are the home-based programs operated through the Office for Children, Youth, and Families and the Maryland Infants and Toddlers Program for the birth through 2-year-old disabled population and Home Instruction as defined in COMAR 13A.10.01.01.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Local school system" means the public school system in which the student is enrolled, or for an identified student with disabilities, the public school system that has responsibility for the education of the student.

(2) "Therapeutic treatment center" means any day or residential facility, licensed by a unit of State government, providing treatment for medical, physical, or emotional conditions including drug or alcohol dependency, or both.

.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, and physician, 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) Beginning July 1, 2001, 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 C.