Montgomery County Public Schools

2018–2019 School Year

New and Revised Board of Education Policies and MCPS Regulations

Amended Board of Education Policies 

BLB Rules of Procedure in Appeals and Hearings

On September 11, 2018, the Board of Education approved technical amendments to Board Policy BLB, Rules of Procedure in Appeals and Hearing, to ensure compliance with a new state law which became effective on October 1, 2018. During the 2018 Legislative Session, the Maryland General Assembly passed Senate Bill 639 which modified the procedures for suspending or dismissing a teacher, principal, supervisor, assistant superintendent, or other professional assistant by authorizing such an individual to request a hearing before an arbitrator instead of the local board of education.  To  facilitate the implementation of the new process, staff, in consultation with representatives of each of the three associations, the Montgomery County Education Associations (MCEA), Service Employees International Union, Local 500  (SEIU), and Montgomery County Association of Administrators & Principals  and Montgomery County Business and Operations Administrators (MCAAP/MCBOA), recommended the following language: 

In the event the individual requests a hearing before an arbitrator, the Board shall refer the matter to the superintendent of schools, who shall designate appropriate staff to engage in the process to select an arbitrator according to the provisions of Section 6-202(a).  The decision of the arbitrator shall be final and binding on the individual and the Board, subject to judicial review governed by the Maryland Uniform Arbitration Act.

FAA Educational Facilities Planning

On September 24, 2018, the Board of Education amended and renamed Board Policy FAA, Educational Facilities Planning, (formerly Long-range Educational Facilities Planning).  The amended policy reaffirms the Board of Education's commitment to continuing to provide high-quality facilities that support the educational programming needed to ensure that every Montgomery County Public Schools (MCPS) student is well-prepared for success.  Policy FAA establishes an educational facilities planning process that effectively anticipates MCPS educational facility needs and establishes a framework for making equitable and fiscally responsible facility decisions in an uncertain future, while considering instructional program priorities, physical condition of the schools, and the impact of under- or overutilized facilities on the educational program.

 JEA  Residency, Tuition, and Enrollment

On September 11, 2018, the Board of Education amended and reindexed Board Policy JEA, Residency, Tuition, and Enrollment , (formerly Policy JED).  The amended policy affirms the Board's commitment to an effective, efficient, and equitable enrollment process for all qualified Montgomery County students and to set forth criteria for the enrollment of resident and nonresident students in accordance with Maryland law.

Revised MCPS Regulations  

COB-RA Incident Reporting

On September 5, 2018, MCPS Regulation COB-RA, Reporting a Serious Incident, was renamed MCPS Regulation COB-RA, Incident Reporting,  and substantially revised by the superintendent of schools to align with the recently developed "one-call" protocol established by the Office of School Support and Improvement (OSSI) that directs principals/director/designees to call OSSI for most incidents.  Following the call, OSSI contacts other relevant offices, and begins a record in the Incident Management System (IMS) to be completed later by the principal/director.  The regulation clarifies protocols set forth in the Memorandum of Understanding between the Montgomery County Public Schools and law enforcement, and defines the categories of reportable incidents in alignment with federal and state reporting requirements, Board policies, and MCPS regulations and rules.

 EEB-RA  Operation and Care of MCPS Buses

On July 16, 2018, the superintendent of schools revised MCPS Regulation EEB-RA, Operation and Care of MCPS Buses. This regulation was updated to permit MCPS buses to travel at the posted speed limit, instead of the previously stated 55 miles per hour. This update was needed to address the operation of MCPS buses on the Inter-County Connector.  Additional updates are as follows: 

• Persons on MCPS property, including passengers on school buses, may be subject to audio and video camera surveillance with posted notification, and any student or employee may be disciplined based on evidence gathered through such audio and video surveillance. 
• Updated language aligns with current MCPS regulations governing personal mobile devices and service animals. 
• Additional updates provide notification that clarify provisions in the related Board policy, MCPS regulations, and Maryland law regarding alcohol, tobacco, and other drug abuse.
• Existing language in Regulation EEB-RA instructs bus operators and attendants to report student violations of behavior and safety rules using MCPS Form 555-3, School Bus Disciplinary Report. The form has been updated to align with current requirements related to reporting and investigating bullying, harassment, or intimidation.  As in any case of bullying, harassment, or intimidation, the parent/guardian/student may file a report, and the school administrator is responsible for conducting an investigation.  In the case of such conduct on a bus, the bus operator/attendant uses Form 555-3 to collect additional information to support the school administrator's investigation. 

IGP-RA  Comprehensive Health Education Instructional Program

On July 5, 2018, the superintendent of schools revised MCPS Regulation IGP-RA, Comprehensive Health Education Instructional Program, to comply with Maryland House Bill 0251 (HB0251), Education- Family Life and Human Sexuality Curriculum-Boundaries and Consent, which requires, beginning in the 2018-2019 school year, local boards of education to provide age-appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade in which the curriculum is taught in public schools.  A footnote has been added to indicate that "consent" is defined as the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries. Additionally, we have added Section 7-441 of the Annotated Code of Maryland, Education Article to the Related Sources section of the regulation.  The bill takes effect July 1, 2018.  

IOE-RA Guidelines for the Continuing Education of Pregnant and Parenting Students

On September 25, 2018, a technical amendment was made to MCPS Regulation IOE-RA, Guidelines for the Continuing Education of Pregnant and Parenting Students.  Code of Maryland Regulations §13A.08.01.06 was removed from the Related Sources section of the regulation upon repeal by the Maryland State Department of Education. 

IOI-RA Placement Procedures for Alternative Programs

On July 30, 2018, the superintendent of schools revised MCPS Regulation IOI-RA, Placement Procedures for Alternative Programs.  This regulation has been updated to align procedures with the redesign of the Alternative Programs model. The revised regulation reflects the priorities of the redesigned program for all three levels of Alternative Programs, as well as updated priorities for the Alternative Programs Admissions Committee (APAC).  Revisions include:  

• Updated language which sets a clear vision that MCPS staff shall refer students to Alternative Programs based on the assessment of clear, developmentally appropriate, and relevant factors, making sure that placement decisions are based on criteria that are consistently, equitably, and fairly applied. 
• APAC, and other staff as appropriate, shall review aggregated data about Alternative Program referrals, without disclosing personally identifiable information, for the purpose of informing placement decisions and evaluating the implementation of Alternative Programs in alignment with Board of Education Policy ACA, Nondiscrimination, Equity, and Cultural Proficiency. 
• Based on the needs of each individual student, criteria shall be set, and monitored at regular intervals, for students entering Level 1 and Level 2 Alternative Programs, to determine the student's academic, behavioral, social, and/or emotional progress in the program. 
• Consistent with MCPS Regulation JGA-RB, Suspension and Expulsion, the revised regulation states that students placed in Level 3 Alternative Programs are expected to return to their regular academic programs, and a multi-stakeholder group shall monitor the student's progress and plan for the student's transition and successful return.  However, students who have been successful in the Level 3 program may voluntarily transition to the Level 2 program upon the request of the parent/guardian, or eligible student, as appropriate.
• The updated regulation authorizes the superintendent of schools/designee to develop pilot recovery programs for the purpose of supporting students returning to MCPS from substance abuse treatment programs. 

JEA-RB Enrollment of Students

On September 24, 2018, the superintendent of schools revised MCPS Regulation JEA-RB, Enrollment of Students, to align with recently revised Board Policy JED, Residency, Tuition, and Enrollment (reindexed as JEA), update directory information, and to provide clarification of current procedures.  Following are highlights of edits made to Regulation JEA-RB: 

• Requirements for residency contained in MCPS Regulation JED-RA Residency and Tuition,  (being revised, renamed, and reindexed as MCPS Regulation JEA-RE, Tuition Based Enrollment ), and MCPS Regulation JEA-RB, Enrollment of Students,  have been consolidated into MCPS Regulation JEA-RB. Updated language clarifies the documentation required to satisfy residency requirements.   
• Requirements for enrollment based on a crisis or under Maryland Informal Kinship care have been updated as follows: 
• The child must be a resident of Maryland and living with a relative (as defined in the regulation) in Montgomery County due to a specific serious family hardship.
• The relative must complete MCPS Form 334-17, Affidavit:  Children in Informal Kinship Care , to document the hardship, then submit the form annually, as appropriate. 
• Requirements for enrollment based on shared housing are clarified as follows: 
• When a parent/guardian/eligible student seeks to enroll on the basis of shared housing with a homeowner or renter who has a bona fide residence within a MCPS school area, MCPS Form 335-74, Shared Housing Disclosure , must be completed and notarized.   
• The parent/guardian/eligible student must also provide at least three additional appropriate supporting documents to demonstrate that the parent/guardian/eligible student is living at the address. 
• The revisions to this regulation permit that MCPS Form 335-74, signed by the person with whom the parent/guardian/eligible student is sharing housing, may be counted as one of the three required proofs of residency. 
• Circumstances under which a student must be referred to International Enrollment and Admissions are as follows: 
• Students over the age of seven who have not attended school within the U.S. or a U.S. school system within the past two years must be referred to International Admissions and Enrollment (IAE). 
• Enrollment of these students will be handled in accordance with MCPS Regulation JEA-RC, Enrollment and Placement of International and Foreign Students . 
• Students who are unable to satisfy the enrollment criteria above can only enroll in MCPS if they pay tuition in accordance with MCPS Regulation JEA-RE, Tuition Based Enrollment .  (Formerly titled Regulation JED-RA, Residency and Tuition) 

JGA-RB Suspension and Expulsion

On September 3, 2018, MCPS Regulation JGA-RB, Suspension and Expulsion, was revised by the superintendent of schools to align with a new Maryland law regarding the restricted use of suspension for not more than 5school days of Prekindergarten (Pre-K)-Grade 2 students to include the language "per incident," to promptly notify the Pre-K-Grade 2 student's parent/guardian of the suspension or expulsion, and to add a definition of Restorative Practices. 

JPA-RB Safety and Screening Programs: Lead, Hearing, and Vision

On October 17, 2018, MCPS Regulation JPA-RB, Screening Programs: Lead, Hearing, and Vision, was updated and renamed MCPS Regulation JPA-RB, Safety and Screening Programs: Lead, Hearing, and Vision by the superintendent of schools.  The revised regulation aligns with Maryland House Bill 798 Visual Impairments - Requirements for Student Vision Screening and Information (Atticus Act)  which alters notice requirements related to student hearing and vision screenings. Notice and specified educational materials must be given to parents or guardians for all students receiving hearing and vision screenings.  For students who fail the vision screening, additional information must be provided, as specified.  Vision and hearing screenings must be administered unless evidence is presented that a student has been tested by an optometrist or ophthalmologist within the past year. The bill took effect July 1, 2018.  MCPS is working with the Montgomery County Department of Health and Human Services to develop forms and educational materials to send home to parents/guardians which meet these new state mandated notification requirements. Additional edits were made to the regulation to include reference to state and federal guidelines regarding the safety of school and office drinking water, and for updates to lead poisoning screening by health care providers for certain children enrolling in MCPS and who have ever lived in an at-risk area designated by the Maryland Department of Health. 

JPG-RA Wellness:  Physical and Nutritional Health

MCPS Regulation JPG-RA, Wellness: Physical and Nutritional Health, was reviewed and revised by the superintendent of schools on August 20, 2018, to ensure consistency with the recently enacted Maryland law (House Bill 427) requiring public schools to permit students to possess and use topical sunscreen on school property or at a school-sponsored activity without written permission from a health care provider. The bill took effect July 1, 2018.

KLA-RA  Responding to Inquiries and Complaints from the Public 

On July 5, 2018, the superintendent of schools revised MCPS Regulation KLA-RA, Responding to Inquiries and Complaints from the Public, to describe the office collaboration process when a concern or complaint is not resolved through the informal process and involves a complaint of discrimination based on perceived personal characteristics as defined in Board Policy ACA, Nondiscrimination, Equity, and Cultural Proficiency. The regulation specifically requires involvement of the Office of School Support and Improvement and the Office of Employee Engagement and Labor Relations when MCPS staff members are involved in complaints of bullying, harassment, or intimidation.  The revised regulation also clarifies the timeline for the Office of the Chief Operating Officer, as the superintendent of school's designee, to complete review of complaints in alignment with Board Policy BLB, Rules of Procedures in Appeals and Hearings. 

Rescinded Board of Education Policies

FKB  Sustaining and Modernizing Montgomery County Public Schools (MCPS) Facilities

Tenets of Board Policy FKB, Sustaining and Modernizing MCPS Facilities, were incorporated into amendments to Policy FAA, Educational Facilities Planning, and Policy FKB was rescinded upon adoption of amended Board Policy FAA on September 24, 2018.

Rescinded MCPS Regulations