November 1991
Title l3A
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. 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.
.03 Noncompliance vith 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.09.09.02.B(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 .0lC 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 standardizedtests 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