Maryland law requires that each school system shall make instructional services available to students who are unable to participate in their school of enrollment. In making instructional services available, local school systems shall consult with the parent, guardian, student, psychologist, physician, psychiatrist, and nurse practitioner, as appropriate. Instructional services shall be available to all students during convalescence or treatment time in a medical institution, or therapeutic treatment center, and at the student's place of residence, or all of these.
The Interim Instructional Services office, (IIS) formerly Home and Hospital Teaching, is responsible for reviewing all requests for IIS and coordinating services once services are approved.
Procedures for requesting IIS are found in MCPS Regulation IOE-RB, Interim Instructional Services. The regulation describes eligible students as those who are unable to participate in their school of enrollment due to a physical condition verified by a licensed physician or an emotional condition verified by a certified school, or licensed psychologist or licensed psychiatrist.
For IIS to be considered, the following form(s) is required to be submitted by a parent:
Application for Interim Instructional Services, with Qualified Physical Health Condition ONLY
Application for Interim Instructional Services, with Qualified Mental Health Condition ONLY
These applications are used to verify condition, the reason for the inability to attend and the length of time for which the student will be unable to attend school. Upon review of the application and approval of IIS services, a representative of the IIS Office will send a written notification to the school administration and/or designated school staff members.
IIS is approved for a student with a disability receiving special education and related services, the provision of services outside of the school setting is considered a "change in placement." If a student with a disability is unable to participate in the student's school of enrollment and is provided instruction at home because of a physical or an emotional condition, the IEP team shall meet to review and revise the student's IEP.
The IEP team shall determine the instructional services to be provided to the student, as long as the school attendance restrictions apply and develop a plan for returning the student to a school-based program. When the period of treatment or convalescence ends, the IEP team shall review and revise the IEP and determine the appropriate placement in the least restrictive environment.
Further, the IEP team is responsible for the following:
Identifying the goals for IIS and any accommodations and/or related services required;
Determining the weekly number of instructional hours of service for the student and documenting the services on the IEP;
Submitting the IEP to IIS for implementation by assigned staff;
Holding an IEP meeting when IIS is discontinued and the student returns to their school of enrollment.
Administrative placements of students eligible for services under IDEA because of disciplinary reasons or during the pendency of a more restrictive placement approval are strictly prohibited.
Maryland regulations require that IIS begin no later than 10-school-days from receipt of verification of the student's condition. Therefore, the school must schedule an IEP team meeting no later than nine-school days from the date IIS received the verification. Parents/guardians must receive written notice of the IEP team meeting; however, a full 10-days' notice will not be possible.
At a minimum, the IEP team must recommend no fewer than six-hours per week of IIS services for students enrolled in full-day programs, and three-hours per week of IIS services for students enrolled in half-day programs.
Reverification for Continued IIS
A new application must be submitted every 60 days, prior to the end of the IIS services to determine continued eligibility. Except that service need shall be reverified annually for students who receive concurrent delivery of instructional services, which is defined as, "[Services for] student whose physical or emotional condition requires the student to be absent from school on an intermittent basis. These conditions include, but are not limited to, kidney failure, cancer, asthma, cystic fibrosis, sickle cell anemia, depression, and bipolar disorder."
Educational placement in the home, for a student with an emotional condition, may not exceed 60 consecutive school days. MSDE Technical Assistance Bulletin #18-01, Home and Hospital Teaching Supplement on Students with Disabilities states that, "If a student with a disability is receiving HHT due to an emotional condition, then both the HHT coordinator and the IEP team must be aware that placement in the home may not exceed 60 consecutive school days (except in rare cases for which the IEP team has determined that it is necessary to meet the individualized needs of the student)."
If a request is made to extend IIS beyond 60 consecutive school days, the IEP team shall meet to review the application, determine the appropriateness of the request and/or review and revise the IEP to meet the student's needs. The IEP team should invite outside providers who have knowledge of the student to obtain information on the request to extend the IIS services. If an outside provider is unavailable to attend the meeting, an appropriate IEP team member should contact the outside provide for additional information to share during the IEP team.
Legal Authority:
COMAR 13A.03.05.01; COMAR 13A.03.05.04; COMAR 13A.05.01.10C