Md. Code Regs. 13A.03.05.01 - 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 ยง 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 or emotional 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, sickle cell anemia, depression, and bipolar disorder.
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 shall 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 and the Maryland Infants and Toddlers Program for the birth through 2-year-old disabled population and Home Instruction under COMAR 13A.10.01.

Notes

Md. Code Regs. 13A.03.05.01
Regulation .01 amended effective 42:3 Md. R. 317, eff.2/16/2015

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