Policies and Regulations → Summary of Changes
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.
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.
On December 17, 2018, MCPS Regulation COB-RA, Incident Reporting, was further revised to clarify procedures related to reported incidents of sexual harassment of students, as well as reported incidents of bullying, harassment, and intimidation, when sexual harassment is not a factor.
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:
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:
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:
JEE-RA Student Transfers and Administrative Placements
On January 7, 2019, the superintendent of schools revised MCPS Regulation JEE-RA, Student Transfers and Administrative Placements, to align with changes made to the 2019-2020 Change of School Assignment (COSA) booklet regarding students receiving special education services that are not offered in all schools.
Specifically, the change clarifies that COSA requests from a student whose Individualized Education Program (IEP) requires special education services that are not offered in all schools should follow the regular COSA process, although the parent/guardian should indicate on the COSA form that the student receives special education services in a specialized program in addition to submitting appropriate documentation indicating the reason for the COSA request. Decisions regarding requests for student receiving special education services that are not available in all schools will be made after July 1.
JFA-RA Student Rights and Responsibilities
On December 4, 2018, Regulation JFA-RA, Student Rights and Responsibilities, was revised by the superintendent of schools to align with a recently revised Board of Education Policy and several MCPS regulations, as well as the 2018-2019 A Student's Guide to Rights and Responsibilities in MCPS Handbook. Highlights of these revisions include:
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.
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.