reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.14 - Inspections, Complaints, and Enforcement › Section 13A.18.14.07 - Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may revoke a certificate of registration if the:
(1) Provider or child care home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;
(2) Provider misrepresented or offered false information on the application or on any form or report required by the office;
(3) Provider interferes with or obstructs the agency representative in the performance of the duties of the office;
(4) Provider fails to submit all documentation required to maintain the certificate of registration;
(5) Provider or staff member refuses to permit access to a child or to the space in the home used for child care by a parent or an agency representative during operating hours of the child care home;
(6) Terms or conditions of a sanction have been violated;
(7) Violations required to be corrected during a period of suspension have not been corrected and the period has ended;
(8) Provider fails to comply with the:
(a) Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A, B, and F, COMAR 13A.18.06.08F, or COMAR 13A. 18.06.10B; or
(b) Child security requirements set forth in COMAR 13A.18;
(9) Provider permits an individual to have child supervision responsibilities after being notified by the office that the individual has been disapproved for that purpose;
(10) Evaluation of information provided to or acquired by the office indicates that the provider is unable to care for the welfare of children;
(11) Provider admits a child for treatment foster care in the home, unless the child is placed in the home in a preadoptive capacity;
(12) Child care home is no longer the primary residence of the provider;
(13) Provider or a resident is identified as responsible for abuse or neglect of children or adults; or
(14) Provider or a resident has a criminal conviction, a probation before judgment disposition, or a not criminally responsible disposition, or is awaiting a hearing on a charge for a crime that:
(a) Is listed at COMAR 13A.18.02.07B or COMAR 13A.18.02.07C; or
(b) Indicates behavior harmful to children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.14 - Inspections, Complaints, and Enforcement › Section 13A.18.14.08 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual found to be operating a child care home without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1) $1,500 for the first violation; and
(2) $2,500 for a second or subsequent violation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.14 - Inspections, Complaints, and Enforcement › Section 13A.18.14.09 - Civil Citations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may issue a civil citation imposing a civil penalty to an individual who provides unregistered family child care or advertises a family child care home in violation of the requirements of this subtitle.
B. Assessment of Penalty.
(1) Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:
(a) $250 for the first violation;
(b) $500 for the second violation; and
(c) $1,000 for the third and each subsequent violation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care home registrations, such as registration denials, revocations, and suspensions, reductions in capacity, limitations on the ages or numbers of children who may be admitted to a child care home, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, the imposition of civil penalties for providing or advertising unregistered family child care services without a valid large family child care certificate of registration, and employment exclusions pursuant to COMAR 13A.18.06.03A or B.
B. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on those actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a family child care registration case is the final decision of the highest administrative authority in the case and thus is directly appealable to the circuit court in the jurisdiction where the child care home is located, pursuant to State Government Article, §
									10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.
(2) "Appellant" means the individual requesting the hearing or appealing a decision, or that individual's legal representative.
(3) "Applicant" means an individual applying for a registration to operate a child care home.
(4) "Capacity" means the number of children who may be in care at a child care home at the same time.
(5) "Days" means calendar days.
(6) "Department" means the State Department of Education.
(7) Emergency Action.
(a) "Emergency action" means an action which is effective immediately because of danger to children's health or safety.
(b) "Emergency action" may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, an immediate restriction on which individuals can be alone with children in care, or an employment exclusion pursuant to COMAR 13A.18.06.03A or B.
(8) "Filed" means received in writing by the Office of Child Care.
(9) "Filing date" is the date a hearing request is received by the Office of Child Care.
(10) "Office" means the central office or a regional office of the Office of Child Care.
(11) "Office of Administrative Hearings" means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §
										9-1601 et seq., Annotated Code of Maryland.
(12) "Party" means the appellant and the Office of Child Care.
(13) "Provider" means a person registered to provide family child care.
(14) "Registration" means a certificate issued by the Department which gives a person legal permission to operate a child care home.
(15) "Superintendent" means the State Superintendent of Schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.03 - Hearing Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing shall be held when:
(1) An applicant or provider requests a hearing to contest:
(a) The denial of an application for registration;
(b) A revocation or suspension of a registration; or
(c) Any other action that adversely impacts on registration, including, but not limited to:
(i) The setting of a provider's capacity at a number below that requested;
(ii) A reduction in capacity; or
(c) A limitation on the ages or numbers of children who may be admitted to the child care home;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.04 - Preliminary Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. A preliminary conference may be held before a hearing on an action if an appellant requests the conference.
B. The conference is optional and does not replace the hearing process.
C. The conference may be attended by a representative of the Office, the appellant, and the appellant's representative.
D. The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.05 - Denial or Dismissal of a Hearing Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office of Administrative Hearings may deny a request for a hearing if:
(1) The issue appealed is not one which adversely affects the registration of a child care home; or
(2) The date of the request is not within the required time limits.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.06 - Hearing and Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice to Appellant.
(1) For nonemergency hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled nonemergency hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.
(2) The notice to the appellant shall:
(a) Refer to the regulations governing the hearing procedure; and
(b) Advise the appellant of:
(i) The right to be represented by a lawyer;
(ii) The right to present documents and witnesses in support of the appeal;
(iii) Whom to call if the appellant cannot attend the hearing; and
(iv) The fact that failure to attend the hearing without good cause may lead to dismissal.
(3) The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.07 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be conducted by an administrative law judge.
B. At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.
C. The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of the hearing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.15 - Administrative Hearings › Section 13A.18.15.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall:
(1) Base the decision on the complete record; and
(2) Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.16 - Public Access to Licensing Records › Section 13A.18.16.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Confirmed complaint" means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle that was alleged in the complaint has occurred or is occurring.
(2) "Custodian of record" means an authorized individual employed by the Department or office who has physical custody and control of licensing records.
(3) "Licensing records" means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the registering of a person or a child care home to provide child care.
(4) "Official custodian of record" means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of the Department's licensing records.
(5) "Requester" means an individual, business, corporation, partnership, association, organization, or governmental agency that requests inspection of, or information from, licensing records.
(6) "Sociological information" means any of the following information about a provider, a staff member, a volunteer, or a resident in the child care home:
(a) Social Security number;
(b) Personal address;
(c) Personal phone number;
(d) Information regarding marital status, dependents, or relatives; and
(e) Information regarding employment status, including employment application.
(7) "Unsubstantiated complaint" means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.16 - Public Access to Licensing Records › Section 13A.18.16.02 - Disclosure of Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:
(1) Findings of inspections conducted by the office in registered child care homes;
(2) Records of complaint forms pertaining to confirmed or unsubstantiated complaints;
(3) Copies of certificates of registration, including those on provisional status;
(4) Variances;
(5) Correspondence and documents requiring abatement of noncompliance with the regulations of this subtitle, including compliance agreements;
(6) Correspondence and documents pertaining to enforcement actions taken by the Department or office against a provider or a child care home, including denial letters, sanctions, emergency suspensions, and revocations; and
(7) Correspondence regarding requests for inspection of licensing records under this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.16 - Public Access to Licensing Records › Section 13A.18.16.03 - Request for Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written request shall be filed with the custodian of record in order to:
(1) Conduct a physical inspection of licensing records; or
(2) Obtain a written or electronic:
(a) Copy of licensing records; or
(b) Report of information from licensing records that the official custodian of records does not already make available to the general public.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.16 - Public Access to Licensing Records › Section 13A.18.16.04 - Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §
									4-333(b), Annotated Code of Maryland.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to provide minimum requirements for the operation of private career schools in Maryland. All private career schools shall comply with Regulations .01-.20 of this chapter. A school offering a program in whole or part by distance education also shall comply with Regulations .21-.27 of this chapter.
B. Before issuing a certificate of approval or renewal of approval to operate a private career school, the Maryland Higher Education Commission is to be satisfied that the school is in compliance with these minimum requirements.
C. The State recognizes the special nature of the private career school sector of postsecondary education which provides a diversity of programs in occupational and technical fields. The diversity of programs is both desirable and essential in serving the wide range of occupational interests of public constituencies. The presence of these institutions promotes a competitive spirit which can enhance the quality of education. The sector broadens access by providing an element of choice, making available to students a range of educational opportunities within the scope of the students' talents and aspirations.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.03 - Scope, Applicability, and Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations apply to all private career schools that require a certificate of approval to commence or continue to operate, do business, or function in the State.
B. These regulations, except where explicitly stated otherwise, do not apply to:
(1) A program delivered entirely by distance education to a single individual at a Maryland location by a person, firm, corporation, or other organization that operates all aspects of the business outside of Maryland, including but not limited to, the origination, transmission, and administration of the distance education program from outside of Maryland;
(2) Continuing education activities involving courses, seminars, workshops, and demonstrations that provide instruction or knowledge for the purpose of maintaining professional or occupational competence, licensure, or certification;
(3) Refresher or continuing education instruction sponsored by a professional group for the exclusive use and benefit of the members of that professional group;
(4) Instruction conducted by a person, firm, corporation, or other organization exclusively for its own employees;
(5) Apprenticeship as registered with the Maryland Department of Labor, Licensing, and Regulation;
(6) Instruction provided by an individual instructor who goes to various places to offer instruction to not more than one individual;
(7) A religious educational institution that certifies, in accordance with COMAR 13B.02.04, that the institution:
(a) Is founded and operated by a church or other religious institution or organization of churches or religious institutions as an integral part of the religious ministry of that institution or organization;
(b) Offers sectarian instruction only designed for and aimed at persons who hold or seek to learn particular religious faiths or beliefs of religious institutions or religious organizations, and provides only educational programs for religious vocations; and
(c) States on the certificate or diploma the religious nature of the award; or
(8) A church or other religious institution offering a postsecondary instructional program leading to a certificate or diploma only if designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of that church or religious institution, and providing only educational programs for religious purposes.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.04 - School Approval Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Delegation to Secretary on Approvals.
(1) The Maryland Higher Education Commission has delegated to the Secretary of Higher Education the responsibility and authority to act on its behalf on applications for the operation of private career schools in the State, including but not limited to initial approvals, renewals of approval, changes of ownership, approvals of additional locations and new programs, denials of approval, and withdrawals of approval.
(2) The Secretary shall prepare and present a report to the Commission summarizing actions taken under this delegation since the last report.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.05 - Program Approval Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval of New Programs/Program Modifications.
(1) Approval of New Programs.
(a) Application for approval to offer a new program shall be made to the Secretary on an application form provided by the Secretary and accompanied by additional academic and financial information as may be required.
(b) Completed Application. Within 15 days of receipt of the application, the Secretary shall inform the applicant whether the application is complete or not complete. If the application is not complete, it shall be returned to the applicant. The applicant may resubmit a complete application.
(c) Applications for new program approval shall report the program in clock hours. The application shall state whether the program is to be offered by clock hours or credit hours.
(d) Applications for new program approval shall include a description of job opportunities that are available to persons who complete the proposed program and shall provide evidence of market demand.
(e) A school may not advertise, promote, enroll students for, or offer a new program until the Secretary has approved the new program.
(f) If the Secretary fails to act on an application for program approval within 60 days of receiving a completed application, the program is considered approved.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.06 - School Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual School Report. An approved school is required to submit an annual report each year on forms and on a schedule provided by the Secretary. This report covers the fiscal and managerial aspects of the school's operation and other information as required by the Secretary.
B. Reporting to Other State Agencies. The Secretary may waive part or all of the requirements in §A of this regulation, if it is determined that the same information is being collected by another State agency and is available to the Maryland Higher Education Commission from that State agency upon request.
C. Government and Accreditation Reports.
(1) An approved school shall file with the Secretary, within 5 days of receipt by the school, any reports or notices from government agencies, accreditation agencies, or other entities or organizations which notify the school of any actual or potential adverse actions to be taken against the school, including but not limited to:
(a) Citations of deficiencies;
(b) Requests for, or notices of, hearings;
(c) Suspension or revocation of approval or accreditation;
(d) Changes in financial aid eligibility;
(e) Show cause orders;
(f) Notification of penalties, fines, liens, judgments, or levies to collect judgments or liens; or
(g) Other disciplinary or punitive actions.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.07 - Organization and Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The organization of a school shall be designed to accomplish the school's objectives as stated in its application for certification of approval.
B. The owner, director, and employees of an applicant for approval or of a school shall have a demonstrated history of ethical personal and professional practices. The school shall be administered in conformity with generally accepted educational, professional, and ethical standards.
C. The owner of a school that closes may not subsequently own, operate, or finance a school, unless the Secretary determines that all required fines and student tuition refunds were paid by the closed school.
D. At the time of initial approval and renewal of approval, the school shall submit to the Secretary, on forms provided by the Secretary, such information as the Secretary may require on the education, training, and experience of its administrative, marketing and sales, supervisory, and instructional staff. These forms shall be maintained at the school for each new and continuing employee.
E. Director.
(1) To assure proper supervision, a full-time responsible administrative employee or officer of the school, who is the director or the director's designee, shall be present when the school is in operation. The director and any designee shall be under the direct supervision and control of the school's owner. The extent of the authority and responsibilities of the director shall be clearly stated in the application for approval. Lack of sufficient authority for effective management on the part of the director is considered sufficient reason for denying an application for approval or for revoking a certificate of approval.
(2) The minimum qualifications for a director of a school are 4 years of experience in the area in which training is offered or completion of a standard 4-year college or technical program and 2 years of experience in the area. The Secretary may waive this requirement if it is determined that the minimum qualifications for a director have been met through other specific qualifications. If the school offers instruction in an area in which the director is not qualified, another staff member shall have the qualifications stated above. A director or principal whose qualifications were approved before the effective date of these regulations is considered as having met these requirements.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.08 - Admission and Recruitment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Admission Requirements. Schools shall have admission requirements for each program so that each student admitted to a program may expect to be able to complete the program successfully. The school shall strictly adhere to the approved admissions requirements and policies. A prospective student may not begin training in a program until all entrance requirements have been fulfilled. A school shall maintain documentation indicating that all admissions requirements have been met.
B. A school may not admit students to a program preparing students for licensed occupations whom the school knows, or by the exercise of reasonable diligence should know, would be ineligible to obtain licensure in the occupation for which they are being trained.
C. Sales Representatives and Recruitment.
(1) Sales representatives of schools shall be at least 18 years old and selected primarily on the basis of ability and integrity. Each representative shall be given adequate training so as to be knowledgeable of school policies and procedures. The school shall be responsible for any statements or commitments made by its representatives and employees to students or prospective students.
(2) A school shall permit recruitment only by persons who are under the direct control of the school and adhere to the policies and procedures of the school. The school may not contract with a third party for the recruitment of students.
(3) Tuition discounts, premiums, or financial inducements for enrollment may not be offered to prospective students.
(4) Financial inducements, not to exceed $50 in value, may be paid to students or graduates for enrollment referrals. Premiums or incentives may not be paid or distributed until the referred person begins training.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.09 - Instructional Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hours.
(1) A school may measure instructional time of programs and courses in either clock hours or credit hours with the approval of the Secretary of Higher Education.
(2) Clock Hours. Schools that are authorized to measure instructional time in clock hours shall report the total number of clock hours and the number of weeks for each program and the component courses. A school shall adopt a consistent measurement of clock hours for which 1 clock hour equates to a minimum of 50 minutes of actual instructional time per each 60-minute hour.
(3) Credit Hours.
(a) Each school using credit hours shall use either semester hours or quarter hours.
(b) Schools that are authorized to measure instructional time in credit hours are required to convert clock hours to credit hours using a consistent formula.
(c) In converting clock hours to credit hours, the school may use either the following formula or a formula required by the U.S. Department of Education:
(i) One semester credit hour is the equivalent of 15 hours of classroom contact when the lecture instruction method is employed. Each hour of classroom instruction shall be at least 50 minutes in length.
(ii) One semester credit hour is the equivalent of 30 hours of laboratory contact when the supervised laboratory method of instruction is employed. Each hour of laboratory instruction shall be at least 50 minutes in length.
(iii) One semester credit hour is the equivalent of 45 hours of instructional situations such as shop, practica, and internships. Each hour of these instructional situations shall be at least 50 minutes in length.
(iv) One quarter hour of credit is the equivalent of 2/3 of the contact hours required for 1 semester hour of credit. Therefore, one quarter hour of credit is equivalent to 10 contact hours of classroom instruction, 20 contact hours of laboratory instruction, and 30 contact hours in instructional situations such as shop, practica, and internships. A school shall have 3 academic terms in each calendar year in order to measure instructional time in quarter hours.
(v) In converting clock hours to credit hours a school shall adopt a consistent measurement of clock hours for all programs and their component courses.
(vi) A school shall adopt a consistent measurement of credit hours using either semester or quarter hour credits for all programs and their component courses.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.10 - Instructional Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. School staff should be adequately trained in their various fields, and there should be satisfactory evidence of continuing professional competence. Instructors shall have a minimum of 2 years of successful practical experience in the occupation or subject or its equivalent in formal training beyond the standard learning period recognized for the trade or occupation that they are to teach. Instructors shall demonstrate up-to-date knowledge and continuing study of the field they are teaching.
B. Instructors shall possess, and have maintained for a minimum of 2 years, at least the level of licensure, certification, or credential for which the program they are instructing prepares graduates.
C. The qualifications of the instructional staff shall be documented in their personnel files, including but not limited to evidence of formal educational attainment, certificates and degrees earned, and relevant experience.
D. There shall be at least one instructor present in each separate area where training is being conducted.
E. During the period an instructor is scheduled to train students, an instructor's responsibilities shall be limited to instructing, monitoring students' attendance and academic progress, and otherwise assisting students. Except under extraordinary circumstances, an instructor may not perform non-training-related functions including, but not limited to, admissions and collections during the hours the instructor is scheduled to train students.
F. Clinical or laboratory assistants and other aides to instructors shall work at all times under the direct supervision of a qualified instructor and may not independently instruct or train students.
G. The teaching load for faculty shall be in accord with sound educational practice.
H. The instructor-student ratios shall be in accord with sound educational practice.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.11 - Student Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The school shall maintain adequate permanent student records which include:
(1) Evidence of compliance with the school's admissions requirements;
(2) Credit granted for previous experience or training;
(3) Dates of admission, start dates, and withdrawal or completion dates;
(4) Reasons for withdrawals when known;
(5) Daily attendance;
(6) Student transcripts indicating achievements; and
(7) Tuition and financial aid records, when applicable.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.13 - Financial Aid and Scholarships

Current through Register Vol. 51, No. 14, July 12, 2024
A. Financial aid and scholarships to students may be offered only on the following bases and in accordance with State and federal requirements:
(1) A school may grant bona fide loans to worthy and needy students;
(2) Financial aid, such as work or service scholarships, may be granted, provided the duties performed are bona fide and the remuneration paid is not in excess of current local rates for comparable service;
(3) Scholarship programs shall be submitted to the Secretary for review and approval before their implementation.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.14 - Procedure for Student Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
A. The school shall develop a statement of student rights, privileges, and responsibilities of students and make this statement available to students through the catalog, student handbook, or other appropriate publication.
B. The school shall publish a student grievance procedure in its catalog, student handbook, or other appropriate publication.
C. If a student has exhausted a school's grievance procedure and still claims to be aggrieved, the school shall inform the student of his or her right to appeal to the Secretary.
D. The Secretary may investigate written complaints involving potential violations of these regulations with both the student and officials of the school. The Secretary shall report the findings of the investigation to the student and the school's owner or chief operator.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.16 - Facilities and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A school shall comply with all State and local laws, ordinances, and requirements including those for fire, health, and zoning. It is the responsibility of the school to secure and document that the required State and local approvals have been granted.
B. A facility and the space provided for required instructional purposes shall be safe and sanitary and conform to standards of sound educational practice. Adequate classroom space shall be provided which is used exclusively for instruction during periods of instruction and which is conducive to learning. Space in square footage per student shall be provided in accord with sound educational practice and as required by the school's training program.
C. Each approved program shall have equipment which is adequate in quantity, quality, and variety for the maximum number of students approved to be enrolled.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.18 - Guaranty Student Tuition Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following terms have the meanings indicated:
(1) "Adjusted gross tuition" means all fees received on a cash or accrual accounting method basis for all instructional programs or courses, except the registration, application, and enrollment fees and charges for materials, supplies, and books which have been purchased by, and are the property of, the student, less refunds paid to students.
(2) "Assessment year" means a 12-month period from July 1 to June 30.
(3) "Fund" means Guaranty Student Tuition Fund.
(4) "Lender" means:
(a) A national or state-chartered bank, a mutual savings bank, a savings and loan association, or a credit union that is subject to examination and supervision in its capacity as a lender by an agency of the United States or of the state in which its principal place of operation is established;
(b) A pension fund that is subject to examination and supervision by an agency of the United States or a state;
(c) An insurance company that is subject to examination and supervision by an agency of the United States or a state;
(d) In any state, a single agency of the state or a single private nonprofit agency designated by the state; or
(e) For purposes only of purchasing and holding loans made by other lenders, the Student Loan Marketing Association or an agency of any state functioning as a secondary market.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.19 - Financial Guarantee

Current through Register Vol. 51, No. 14, July 12, 2024
A. A financial guarantee required by this chapter shall be:
(1) In the form of a performance bond or an irrevocable letter of credit;
(2) Made under the terms and conditions determined by the Secretary, including the conditions that the school shall:
(a) Perform faithfully all agreements or contracts it makes with its students; and
(b) Comply with Education Article, Annotated Code of Maryland, and with this chapter;
(3) Made payable to the Secretary on behalf of the Commission, and provided to the Secretary;
(4) Between the Commission and the surety; and
(5) In the amount the Secretary requires, which at a minimum shall be:
(a) The amount prescribed by §B of this regulation, if the school is a non-Title IV school;
(b) The amount prescribed by §C of this regulation, if the school is a Title IV school; or
(c) The amount prescribed by §D of this regulation, if the school is a Title IV school that has been notified by the U.S. Department of Education of an adverse, or potentially adverse, action affecting the school's participation in Title IV
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.20 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall deny approval to or withdraw the approval of a school found to be in violation of these regulations or of the Education Article, Title 11, Annotated Code of Maryland.
B. A school's authority to operate becomes void if instruction does not begin within 6 months from the date of approval.
C. A school's authority to operate becomes void if all instruction is discontinued unless the Secretary determines there are extenuating circumstances which justify or excuse the discontinuation of instruction.
D. A school's authority to offer a program becomes void if instruction in that program does not occur for a period of 1 year, unless the Secretary determines there are extenuating circumstances that justify or excuse a school's failure to offer that program.
E. The Secretary may withdraw approval from any school found to be in violation of any commitment made to the Commission as a prerequisite to the obtaining or maintaining of a certificate of approval in its application for approval of the school or of a program, or for failing to report changes in operating circumstances as required in these regulations.
F. The Secretary shall deny approval to or withdraw approval from any school found to have provided the Maryland Higher Education Commission with false or misleading information.
G. Sanctions.
(1) Notice.
(a) If the Secretary believes that a private career school does not meet the conditions or standards established by these regulations, or the conditions or standards on which its certificate of approval or any other approval issued by the Commission or the Secretary was based, the Secretary shall give the school written notice as set forth in this section specifying the deficiencies believed to exist.
(b) The notice shall specify the alleged deficiencies and direct the school to correct them within a period of not less than 30 days.
(c) If the school requests a hearing within 20 days of the notice, the Commission shall hold a hearing on the matter. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.
(d) If a hearing is timely requested, subject to §G(6) of this regulation, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.
(e) If a hearing is timely requested, action on any approval request by a school issued a notice of deficiencies may be stayed until a determination is made after the hearing.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.21 - Interactive Distance Education by Private Career Schools-Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. A school offering a program in whole or in part by distance education shall comply with:
(1) Regulations .21-.27 of this chapter; and
(2) Unless otherwise specified, all other regulations of this chapter.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.22 - Interactive Distance Education by Private Career Schools-Curriculum and Instruction

Current through Register Vol. 51, No. 14, July 12, 2024
A. A school shall utilize appropriate instructional delivery methods and technology to meet the objectives of a program, conform with generally accepted educational, professional, and ethical standards, and comply with the following conditions:
(1) The objectives of the program shall be reasonably attainable and be of a nature that they can be achieved through distance education;
(2) The learning objectives shall, if appropriate to the nature and type of the program, be comparable to similar programs that are not delivered by distance education;
(3) Learning outcomes promised to students shall be achievable with the technology utilized;
(4) Resident training shall supplement the instruction delivered by distance education if necessary to attain the stated educational objectives;
(5) A program delivered by distance education shall be coherent and complete; and
(6) A school shall demonstrate that the clock hours required and awarded are appropriate for the program or portion of the program delivered by distance education.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.23 - Interactive Distance Education by Private Career Schools-Faculty Support

Current through Register Vol. 51, No. 14, July 12, 2024
A. A school shall provide faculty support services specifically related to teaching by distance education.
B. A school shall provide training for faculty who use technology in instruction.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 01 - NONPUBLIC SCHOOLS › Chapter 13B.01.01 - Minimum Requirements for Private Career Schools › Section 13B.01.01.24 - Interactive Distance Education by Private Career Schools-Students and Student Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Accepted students shall have the documented background, knowledge, and technical skills needed to undertake the program. A school shall assess whether students have the skills and competencies to succeed in a distance-learning environment before their enrollment in the program. A prospective student may not begin training in a program until all entrance requirements have been fulfilled. A school shall maintain documentation indicating that all admissions requirements have been met by such admitted student.
B. If an admissions test is required, it shall be administered in a manner that verifies the student's identity.
C. Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available. A school shall provide students with clear, complete, and timely information on the curriculum, program requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, availability of academic support services and financial aid resources, and costs and payment policies.
D. A program shall ensure that appropriate learning resources for instruction delivered by distance education are available to students, including the following:
(1) A school shall provide students with the information and training needed to function in a distance education environment;
(2) A school shall support students with help and guidance on how to best learn through distance education and offer the resources to serve students in a timely manner if technical difficulties arise;
(3) Outside resources, electronic databases, and other library access features shall be readily available to students, and the curriculum shall actively encourage students to use these resources to acquire knowledge and skills; and
(4) Adequate, appropriate, and functional equipment, supplies, and furnishings required to provide effective education and training services shall be readily available for instructor or student use.