.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.
(1) A parent or guardian who chooses to teach his or her child at home shall initially sign a statement on a
form prescribed by the State Department of Education which:
(a) Indicates consent to the requirements set forth in §§C, D, and E of this regulation; and
(b) Shall be submitted to the local superintendent at least 15 days before the beginning of a home
(2) Annual Verification. Annually thereafter, before the beginning of the school year, a parent or guardian
shall verify the continuation of home schooling for his or her child with the local school superintendent or
with the supervising nonpublic school or institution described in Regulation .05 of this chapter.
(3) Change in Status. A parent or guardian shall notify the local school superintendent or the supervising
nonpublic school or institution described in Regulation .05 of this chapter if a change occurs in the home
school status of a child during the school year.
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
(3) Take place on a regular basis during the school year and be of sufficient duration to implement the
D. Educational Materials. A parent or guardian who chooses to teach a child at home shall maintain a portfolio of
(1) Demonstrates the parent or guardian is providing regular, thorough instruction during the school year in
the areas specified in §C(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 times 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
educational 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 §C;
(3) There are not more than three reviews during a 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
.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(9).
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. 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(1)(b) and .04 of this chapter, if that
instruction is offered through correspondence courses and is under the supervision of a:
(1) 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:
(a) Preenrollment conferences with parents or guardians,
(b) Textbooks, lesson materials, and other instructional materials or equipment designed to be used
independently by the pupil at a site other than a school,
(c) Annual visits by supervisory personnel to the site where the pupil is receiving instruction, and
(d) Conferences with parents or guardians at appropriate intervals during the period of enrollment; or
(2) 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:
(a) 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
(b) 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.
B. Annual Verification. The supervising nonpublic school or institution described in §A of this regulation
(1) Verify with the local school superintendent the identification of home schooled students whose instruction
is continuing under its supervision;
(2) Notify the local school superintendent of the identification of home schooled students whose instruction
is newly added to its supervision; and
(3) Provide the local school superintendent with the identification of home schooled students whose instruction
is no longer under its supervision.
C. Change in Status. The supervising nonpublic school or institution described in §A of this regulation shall
notify the local school superintendent if a change occurs in the status of a home schooled student whose
instruction was under its supervision during the school year.
The information on these pages is provided for informational purposes only. It is not to be construed as
legal advice or counsel.