What is the difference between a regulation and a statute? The Legislature enacts statutes: Annotated Code of Maryland Administrative agencies adopt, amend and repeal regulations under the authority granted to them by statutes. Unless the Legislature has created an exemption, agencies must follow the procedures in the Administrative Procedure Act when adopting, amending or repealing regulations: Code of Maryland Regulations (COMAR)
How to find PBIS Statute: Annotated Code Of Maryland, Education Article § 7-304.1 Go to http://www.michie.comhttp://www.michie.com Scroll down to Maryland and Click on Michies Code of Maryland Click on Education (Left Side of Screen) Click on Section 7: Public Schools Click on Subtitle 304
How to find PBIS Regulations: Code of Maryland Regulations (COMAR) 13A.08.06.00 Go to: http://www.dsd.state.md.us/comar/ Go to: http://www.dsd.state.md.us/comar/ Search by Title Number: 13A State Board of Education Click on Subtitle 08: Students Click on Chapter 06: Positive Behavioral Interventions and Supports to find Title page.00, Definition.01, Administrative Procedures.02 and Administrative History.999
"Positive Behavioral Interventions and Support Program" defined in 7-304.1. "Positive Behavioral Interventions and Support Program" means the research-based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn.
Implementation Requirement #1 Each county board shall require implementation of a positive behavioral interventions and support program; or (ii) An alternative behavior modification program in collaboration with the Department in an elementary school with a suspension rate that exceeds: (i) 18 percent of its enrollment for the 2005-2006 school year; (ii) 16 percent of its enrollment for the 2006-2007 school year; ( iii) 14 percent of its enrollment for the 2007-2008 school year; (iv) 12 percent of its enrollment for the 2008-2009 school year; and (v) 10 percent of its enrollment for the 2009-2010 school year and each school year thereafter.
Implementation Requirement #2 An elementary school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its existing program if it has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection.
Implementation Requirement #3 Each county board shall require implementation of a positive behavioral interventions and support program; or (ii) An alternative behavior modification program in collaboration with the Department, in any school with a truancy rate that exceeds: 8% of its enrollment for the 2008-2009 school year; 6% of its enrollment for the 2009-2010 school year; 4% of its enrollment for the 2010-2011 school year; 2% of its enrollment for the 2011-2012 school year; and, 1% of its enrollment for the 2012-2013 school year and each school year thereafter.
Implementation Requirement #4 A school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its program if it has a truancy rate that exceeds the standards listed above.
Schools To Be Identified in School Year 2008/2009 1.Elementary schools with suspension rates exceeding 12%; 2.Elementary schools already implementing PBIS with suspension rates exceeding 12%; and, 3.Any school with a truancy rate exceeding 8%; 4.Any school already implementing PBIS with a truancy rate exceeding 8%.
Defining Truancy-- Student Records Manual The Department is drafting regulations that suggest the use of “habitual truancy” to define the data to be tracked when implementing the law. In the Student Records Manual, a student is considered a habitual truant if he or she meets ALL of the following criteria: the student was age 5 through 20 during the school year; the student was in membership in a school for 91 or more days; and the student was unlawfully absent for 20% or more of the days in membership.
Defining Truancy: COMAR (3) “Habitually truant” means the student is unlawfully absent from school for a number of days or portion of days in excess of 20 percent of the school days within any marking period, semester, or year. A local school system has the prerogative of defining habitual truancy in a more but not less stringent manner.
Academic SystemsBehavioral Systems 1-5% 5-10% 80-90% Intensive, Individually Designed Interventions Address individual needs of student Assessment-based High Intensity Intensive, Individually Designed Interventions Strategies to address needs of individual students with intensive needs Function-based assessments Intense, durable strategies Targeted, Group Interventions Small, needs-based groups for at risk students who do not respond to universal strategies High efficiency Rapid response Targeted, Group Interventions Small, needs-based groups for at- risk students who do not respond to universal strategies High efficiency/ Rapid response Function-based logic Core Curriculum and Differentiated Instruction All students Preventive, proactive School-wide or classroom systems for ALL students Core Curriculum and Universal Interventions All settings, all students Preventive, proactive School-wide or classroom systems for ALL students and staff Maryland’s Tiered Instructional and Positive Behavioral Interventions and Supports (PBIS) Framework
Implementation of 7-304 With earlier mandates MSDE identified schools meeting the suspension threshold, identified superintendents, offered training, and trained identified schools at Summer Institutes. To date, PBIS training provided by the state has been at the universal level; the green zone. ISSUE: Habitually truant students require intervention beyond the universal level; and Maryland already has a case management model for addressing truancy issues via our Pupil Personnel Workers.
Implementation Strategies Surveyed Directors of Student Services regarding the accuracy of the ISSUE. Briefed Directors of Pupil Personnel Workers/Social Workers Attended MAPP Conference, briefed PPW’s on the legislation. Asked for input regarding training and TA needs for this population. Identified PPW’s and Directors willing to participate in a focus group as we move forward. Developed draft regulations using previous superintendent feedback regarding implementation of suspension portion of the law and input from Student Services Branch Specialists.
Implementation Strategies Included research and curriculum development in scope of work for PBIS grant with SPHS. Committed funding for a Truancy Event in PBIS grant with SPHS. PBIS partners collaborating on a small research proposal submitted by Hopkins this month which will assist in linking truancy reduction strategies with the PBIS framework in existing schools. Held conference call with Hopkins and several Local PBIS facilitators to discuss concept of Truancy Forum/Summit—received support.
Implementation Strategies Discussed value of Truancy event as a follow up to the Dropout Prevention Summit held in June 2009. Spoke with Developer of Check and Connect model to see if they are interested in working with us. Continue research on national and local research based and promising practices in order to bring presenters to MD to share the details, outcomes, training protocols and costs to implement their strategies. Establish forum planning committee (4-6 meetings) including Directors of SS; PPW’s; Drop Out Prevention POC’s; Family Coordinators and other Student Services stakeholders. Develop strategies to support training and provide booster sessions at the state and/or local level.