Maryland
Umbrella School Requirements
Some Maryland churches operate umbrella schools for home school families as an extension of their mission to create disciples. A church wanting to offer this educational option should consider the legal requirements.
The umbrella school must have a pre-enrollment conference with the parents or guardians and subsequent conferences at “appropriate intervals.” Code of Maryland Regulations (COMAR) 13A.10.05.A(1) and A(4). Umbrella school supervisory personnel must annually visit “the site where the pupil is receiving instruction.” Id. at A(3). Since home schooled children customarily also receive instruction at a variety of sites outside the home, home visits per se are not necessary.
The school must exercise at least a minimum level of supervision over textbooks, lesson materials, instructional materials, and any equipment designed to be used independently by the pupil at a site “other than the school.” Id. at A(2). The students need not submit to portfolio reviews unless required under the school’s policy.
If the school ceases operating, its chief administrative officer must file a copy of certain records with the state superintendent, including:
This officer must also file “the academic record of each former student and the academic information that is customarily required” by colleges when considering a student for admission. Annotated Code of Maryland § 2-304(b)(2). A fine of up to $1,000 can be assessed for each “willful” failure or refusal. Annotated Code of Maryland § 2-304(d).
The state board of education can require a private school to report its courses of study and enrollment. Annotated Code of Maryland § 2-205(n). It may insist that a form it provides be used.
Umbrella schools must annually file a report stating the number of students enrolled, the number who are fully vaccinated, and the number who still need one or more vaccinations. COMAR 13A.10.06.04.09. Children whose parents have religious objections to immunizations, however, are exempted from mandatory immunization under Annotated Code of Maryland § 7-403(b)(1) and COMAR 13A.10.06.04.05.
The governing church organization must give written notice to the state department of education that it is responsible for governing and operating the school. COMAR 13A.09.01.C. The notice should also include some documentation showing the church organization is “bona fide” or genuine.
The phrase “church organization” is not defined, but is broad enough to include churches, organizations, ministries, outreaches, etc., governed by one or more churches. An umbrella school, therefore, can be operated and governed either directly by a church, or by an organization the church controls. – Scott A. Woodruff
