Committee advances two COMAR amendments for homeless and foster students, expands juniors' waiver and aligns regs with ESSA

Mary Gable of MSDE presented two proposed COMAR amendments addressing students who are homeless or in foster care and the Education Policy Committee recommended both packages for publication to the full State Board.

First, MSDE proposed amending the graduation-waiver provision to allow a student who enters a Maryland LEA in junior year and is homeless or in foster care to be granted a waiver from locally established graduation requirements (while still meeting state graduation requirements). MSDE said this change aligns the regulation with statute and is intended to avoid forcing transfer students to take additional locally required courses that would otherwise prevent on-time graduation. Committee members asked how 'reasonably able' would be determined and whether waivers could affect state-mandated credits. MSDE clarified the waiver applies only to locally established requirements; state-required credits (for example, four English credits, four mathematics credits) cannot be waived.

That first regulation was put to a committee motion and vote. The transcript records Miss Ayala moving and Dr. Michael seconding on the record; the chair recorded one member opposed on the committee roll but the motion carried to recommend publication.

The second regulation package is a broader cleanup to align Maryland’s homeless-student regulations with the Every Student Succeeds Act (ESSA). MSDE said it removed outdated language (for example, references to a student 'awaiting foster care'), clarified school-of-origin and designated receiving-school provisions, strengthened LEA duties (including removing enrollment barriers such as outstanding fees), and updated dispute-resolution procedures. Committee members asked whether 'guardian' should be clarified to 'legal guardian' and sought a definition of 'unaccompanied youth'; MSDE said it used statutory language but would review and consider clarifying phrasing and ensure communications are provided in language(s) understandable to students, parents, guardians, or unaccompanied youth.

The committee voted to recommend publication of the second regulation as well; the chair recorded a unanimous recommendation.

MSDE said the edits are largely alignment and 'cleanup' rather than new policy and that local school systems are already carrying out many of the practices in the revised language. MSDE offered to include the full regulatory text for context when the items go before the full State Board.