reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.03 - Private Provider Performing Fingerprinting Services and Demographic Data Collection

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository may authorize a private provider to perform fingerprinting services and demographic data collection for a request for a criminal history records check for non-criminal justice purposes.
B. The Central Repository shall establish minimum administrative and operational requirements for private providers to perform fingerprinting services and demographic data collection for non-criminal justice purposes.
C. Fingerprinting services and demographic data collection for non-criminal justice purposes include:
(1) Electronic transmission of an individual's fingerprints and demographic data to the Central Repository for a criminal history records check for non-criminal justice purposes;
(2) Completion of forms required for a request for a criminal history records check by obtaining information about the individual being fingerprinted; and
(3) Collection of fees and payment of invoices according to Regulation .07 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.04 - Private Provider Agreement and Authorization Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private provider may not provide fingerprinting services or demographic data collection for non-criminal justice purposes unless the private provider meets requirements under this chapter.
B. Before the Central Repository enters into a private provider agreement with or issues an authorization certificate, original or renewal, to a private provider requesting to perform fingerprinting and demographic data collection under this chapter, the private provider shall:
(1) Submit a written application to the Central Repository in a format established by the Central Repository;
(2) Provide the Central Repository with documentation indicating that the private provider or the private provider's staff has at least 5 cumulative years providing fingerprinting services and demographic data collection;
(3) Demonstrate the ability to electronically transmit fingerprint images and demographic data using a secure encrypted connection that meets requirements set forth in the Network Livescan Applicant Technical Interface Document maintained by the Central Repository;
(4) Demonstrate compliance with requirements under Regulation .05 of this chapter for the location where Central Repository authorized fingerprinting services and demographic data collection are performed;
(5) Provide documents to support the existence of a current surety bond as provided under Regulation .09 of this chapter; and
(6) Demonstrate that a criminal history records check was performed on the private provider's employee as required under Regulation .08 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.05 - Private Provider Business Location Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the Central Repository enters into a private provider agreement with or issues an original or renewal authorization certificate to a private provider, the Central Repository shall review a private provider's location plan.
B. A private provider's location plan, at a minimum, shall have:
(1) A Livescan machine that is approved by the Central Repository;
(2) A waiting area that, at a minimum, includes:
(a) A reception desk; and
(b) Seating for individuals requesting a criminal history records check;
(3) A method of securing and maintaining records that meets Central Repository requirements; and
(4) Electronic connections, electric power supply, and office climate control that meet manufacturer and Central Repository requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.06 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private provider authorized to perform fingerprinting services and demographic data collection under this chapter shall:
(1) Retain records related to a request for a criminal history records check for 90 days from the date of the request; and
(2) Then destroy the records.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.07 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private provider shall collect fees as specified under COMAR 12.15.01.14 for performing fingerprinting services and demographic data collection for non-criminal justice purposes on behalf of the Central Repository.
B. The Central Repository shall submit a monthly invoice to each private provider for requests for criminal history records checks processed by the private provider and submitted to the Central Repository during the preceding month.
C. Upon receipt of the invoice under §B of this regulation, the private provider shall forward payment to the Central Repository within 7 business days of receipt of the invoice.
D. A private provider may charge fees for providing fingerprinting services and demographic data collection in addition to fees as specified under COMAR 12.15.01.15.
E. If a private provider charges fees in addition to those required under COMAR 12.15.01.15, the private provider shall:
(1) Identify, report, and control the additional fees separately from those required to be collected by the Central Repository under COMAR 12.15.01.15; and
(2) Include in any public notice of the availability of fingerprinting services and demographic data collection for non-criminal justice purposes:
(a) The fees required under COMAR 12.15.01.15; and
(b) The additional fees charged by the private provider.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.08 - Criminal History Records Check for Private Provider Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. As part of the application for an original or renewal authorization certificate, a private provider shall include the fingerprints and demographic data for each individual performing or supervising fingerprinting services and demographic data collection authorized under this chapter.
B. The Central Repository shall conduct a criminal history records check of each individual identified by the private provider as performing or supervising fingerprinting services or demographic data collection authorized under this chapter.
C. The Central Repository may consider CHRI received under §B of this regulation when determining:
(1) To authorize a private provider to perform fingerprinting services and demographic data collection under this chapter; or
(2) The conditions of the private provider agreement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.09 - Surety Bond

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private provider requesting authorization to perform fingerprinting services and demographic data collection for non-criminal justice purposes shall have a surety bond of $10,000, in a form approved by the Central Repository.
B. A private provider shall provide the Central Repository with:
(1) A certificate from the bonding company listing the individuals of the private provider's company who are covered by the bond;
(2) An agreement from the bonding company that the bonding company shall give the Central Repository at least 60 days' notice by registered or certified mail of cancellation of the private provider's bond; and
(3) As part of the agreement under §B(2) of this regulation, written assurance that the bond will be in full force and effect for a period of at least 60 days after notice of cancellation is given to the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.10 - Suspension of an Authorization Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository may suspend an authorization certificate granted under this chapter, if the Central Repository determines that the private provider:
(1) Perpetrated a fraud against the Central Repository or the public;
(2) Created the impression that the private provider is associated with or is a part of the Central Repository or another State agency;
(3) Conducted business in a manner that is detrimental to the interests of the Central Repository, the State, or the public;
(4) Has not met the administrative or operational requirements for authorization under this chapter;
(5) Has more than a 2 percent rejection rate of fingerprint impressions as determined by the Central Repository or FBI; or
(6) Failed to forward payments to the Central Repository as required under this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.06 - Federal Bureau of Investigation, Next Generation Identification Rap Back Program › Section 12.15.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for participation in the Federal Bureau of Investigation (FBI), Next Generation Identification Rap Back Program.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.06 - Federal Bureau of Investigation, Next Generation Identification Rap Back Program › Section 12.15.06.02 - 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) "Criminal History Record Information (CHRI)" has the meaning stated in Criminal Procedure Article, §
										10-201, Annotated Code of Maryland.
(2) "Criminal History Records Check" has the meaning stated in COMAR 12.15.01.03B(6).
(3) "Federal Bureau of Investigation, Next Generation Identification Rap Back Program (FBI Rap Back Program)" means the federal service that informs an authorized non-criminal justice government agency of subsequent criminal history record information for an employee or licensee during a specified term.
(4) Non-criminal justice government agency" means a government agency that is not a criminal justice agency defined under Criminal Procedure Article, §
										10-201(d), Annotated Code of Maryland, and receives CHRI for licensing and employment purposes.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.06 - Federal Bureau of Investigation, Next Generation Identification Rap Back Program › Section 12.15.06.03 - Submitting Fingerprints to the FBI Rap Back Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository is responsible for submitting all fingerprints to the FBI Rap Back Program.
B. The Central Repository shall:
(1) Submit the fingerprints of employees or licensees of authorized non-criminal justice government agency to the FBI; and
(2) Retain the fingerprints of an employee or licensee of authorized non-criminal justice government agencies for future submission to the FBI Rap Back program or for national fingerprint searches.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.06 - Federal Bureau of Investigation, Next Generation Identification Rap Back Program › Section 12.15.06.04 - Issuance of a Revised Printed Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a non-criminal justice government agency is authorized by State statute to receive federal criminal history records information, the Central Repository shall:
(1) Enroll the non-criminal justice government agency in the FBI Rap Back Program;
(2) Maintain a record of each previously processed individual employed or licensed by the non- criminal justice government agency; and
(3) Distribute CHRI in accordance with the FBI Rap Back program and federal regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter creates policy and procedure for a home detention program under the Division of Pretrial Detention and Services of the Department of Public Safety and Correctional Services, under Correctional Services Article, §
									5-202, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.02 - 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) "Commissioner" means the Commissioner of Pretrial Detention and Services.
(2) "Director" means the Director of Case Management Services, Baltimore City Detention Center, assigned to the Home Detention Unit.
(3) "Division" means the Division of Pretrial Detention and Services.
(4) "Electronic supervision" has the meaning stated in COMAR 12.02.26.02B.
(5) "Executive Director" means the Executive Director of the Department of Public Safety and Correctional Services' Central Home Detention Unit.
(6) "Inmate" means an individual detained at the Baltimore City Detention Center in place of a bond payment, and pending trial in the District Court of Maryland for Baltimore City District or the Circuit Court for Baltimore City.
(7) "Pretrial services staff" means an employee designated by the Commissioner to coordinate screening and processing of referrals from the pretrial population.
(8) "Program staff" means an employee designated by the Executive Director to work in the Central Home Detention Unit.
(9) "Unit" means the Department of Public Safety and Correctional Services' Central Home Detention Unit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.03 - Organization and Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, in cooperation with the Commissioner of Correction, shall organize and operate a unified home detention unit.
B. The program provides an alternative to the incarceration of select pretrial inmates charged with the commission of nonviolent crimes while awaiting trial. Participating inmates are:
(1) Personally supervised;
(2) Monitored electronically; and
(3) Housed in approved residences with directed and controlled community access for purposes of:
(a) Treatment;
(b) Counseling; and
(c) Employment.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.04 - Eligibility Criteria for a Pretrial Detainee

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may volunteer for placement in the home detention program. To be eligible for participation, the detainee shall:
(1) Be awaiting trial for an offense that is not identified under Criminal Law Article, §
										14-101, Annotated Code of Maryland;
(2) Have a residence in Maryland approved by Unit program staff;
(3) Have no history of conviction and not be awaiting trial for child abuse or sexual abuse of a minor under Criminal Law Article, §§
										3-601 and  3-602, Annotated Code of Maryland;
(4) Have had 3 years elapse since expiration of sentence or probation for a conviction for a crime of violence as defined under Criminal Law Article §
										14-101, Annotated Code of Maryland; and
(5) Have no documented history of escape or attempted escape within the last 10 years.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.05 - Screening and Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pretrial services staff shall screen a defendant detained following a bail review hearing. If the defendant is not released by the reviewing judge and the inmate is eligible under Regulation .04A of this chapter, the inmate shall be recommended for home detention placement.
B. Pretrial services staff shall screen eligible detainees for home detention placement within 3 business days of the inmate's bail review hearing. An eligible inmate shall be recommended for home detention placement.
C. If pretrial services staff recommends a defendant for home detention placement the defendant's file shall be transferred to the Central Home Detention Unit within 1 business day of the recommendation. The defendant's file shall contain:
(1) The statement of charges or committing documents;
(2) A complete criminal history with all dispositions; and
(3) Inmate background information which shall consist of:
(a) Residence;
(b) Employment history;
(c) Military history;
(d) Health conditions;
(e) Substance abuse history;
(f) Probation or parole status;
(g) Current detainers;
(h) Current open warrants; and
(i) Pending trials.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.06 - Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner shall establish minimum standards of supervision for an inmate assigned to home detention which shall include, but not be limited to, the requirements under COMAR 12.02.26.09A.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.07 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
By agreement with the Division of Correction, the Division's program is subject to the enforcement provisions under COMAR 12.02.26.04B -D and F-H except for those provisions that by their nature would not apply to the Division's inmates.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.08 - Collection and Disposition of Funds Received from a Home Detention Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
By agreement with the Division of Correction, the Division's program is subject to the provisions under COMAR 12.02.26.10B except for those provisions that by their nature would not apply to the Division's inmates.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.09 - Program Rules for an Inmate Assigned to Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
By agreement with the Division of Correction, the Division's program is subject to the provisions under COMAR 12.02.26.08B except for those provisions that by their nature would not apply to the Division's inmates.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 16 - PRETRIAL DETENTION AND SERVICES › Chapter 12.16.01 - Home Detention › Section 12.16.01.10 - Discharge of an Inmate from Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate shall be discharged from home detention if the inmate:
(1) Has the pending charge or charges, for which the inmate is being detained, adjudicated by the District or circuit court;
(2) Pays the bond amount previously set by the court; or
(3) Has a charge placed against the inmate which disqualifies the individual under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.01 - State Board of Education › Section 13A.01.01.01 - Treasurer, Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Treasurer of the State Board of Education shall receive and account for all moneys to which it is entitled by law and which may come into its possession. The Treasurer shall deposit the public moneys received in the name of the State Board of Education in such incorporated bank or banks as designated by the Treasurer of Maryland. The Treasurer shall pay out all moneys in accordance with disbursement procedures established by the State Comptroller. The Treasurer shall keep accurate accounts of all moneys received and expended, shall preserve the accounts and all vouchers, and shall deliver all accounts and vouchers to his or her successor in office. The accounts shall be open, at all times, to inspection by members of the Board or any other persons directly interested in the accounts.
B. The Treasurer shall indicate in account books the particular source from which each item of income is received and shall keep separate accounts of the several funds for which he or she is responsible. The Treasurer shall record the purpose of each expenditure, and the vouchers for all expenditures shall likewise show the purpose of each expenditure separately.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.01 - State Board of Education › Section 13A.01.01.02-1 - Waivers from Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authority. Upon a demonstration of good cause, substantial compliance, or comparable effort by an educational institution or program seeking a waiver, the State Board of Education may grant waivers from its regulations.
B. Term.
(1) The term of a waiver may not exceed 3 years.
(2) Requests to renew waivers for additional 3-year terms may be filed with the State Superintendent of Schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.01 - General Powers and Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Outside Committee Assignments. The State Superintendent should serve in his or her official capacity only on committees directly concerned with education.
B. Power to Stay Action of County Boards. The State Superintendent of Schools shall have the authority, either at the request of the President of the State Board of Education, or on his or her own motion, to order a stay, not to exceed 60 days in duration, of any action taken by any local board of education, whether the local board's action is taken by way of rule, regulation, resolution, bylaw, or other order; provided, however, that the stay be issued within 5 days of the date notice of the action is received by the State Board of Education from the local board, that the stay may be dissolved at any time by the State Board of Education.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.02 - Reports on Local School Officials

Current through Register Vol. 51, No. 14, July 12, 2024
The State Superintendent of Schools shall report annually to the State Board of Education the names of all superintendents and their professional assistants appointed under authority of Education Article, §§
									4-201 and  6-201, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.03 - Approval of Construction Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. The following requirements of this regulation shall be followed by local school systems to obtain the State Superintendent's approval of certain school construction projects pursuant to Education Article, §
									2-303(f), Annotated Code of Maryland.
B. Applicable projects include the following:
(1) Plans or specifications for the remodeling of or addition to a school building if the remodeling or addition costs more than $350,000;
(2) Plans or specifications for the construction of a new school building; and
(3) Change orders that cost more than $25,000 for the remodeling, restoration, or construction of a school building.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.04 - Facilities Assessment Survey

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Superintendent of Schools shall report to the State Board of Education the:
(1) Condition of existing public school buildings;
(2) Adequacy of existing public school buildings to support educational programs; and
(3) Cost to upgrade facilities to specified criteria.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.05 - Facilities Required in Public Schools

Current through Register Vol. 51, No. 14, July 12, 2024
A. School Health Services. School health services shall be provided in designated health facilities consistent with COMAR 13A.05.05.10.
B. Physical Education Program.
(1) Scope. This section applies only to schools:
(a) Built and occupied, or renovated and occupied, after January 1, 2013; and
(b) For which a request for proposal for the selection of an architectural and engineering design consultant for construction or renovation was initiated after July 1, 2010.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.02 - State Superintendent of Schools › Section 13A.01.02.06 - Lacrosse Opportunities Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Superintendent shall develop and administer the Lacrosse Opportunities Program to increase opportunities for minority students to participate in lacrosse in their communities.
B. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Agency" means a local education agency serving a population of students at least 80 percent of which are minority students.
(b) "Local education agency" means any of the 24 local public school systems in the State.
(c) "Minority student" means a student who is an Alaska Native, American Indian, Asian-American, African-American, Hispanic American, Native Hawaiian, or Pacific Islander.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.03 - State Department of Education › Section 13A.01.03.01 - Organization and Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Deputy State Superintendent. The Deputy State Superintendent, designated by the State Superintendent or Board of Education, shall serve as Acting State Superintendent in the absence of the State Superintendent of Schools, and, in that capacity, is authorized to sign papers, contracts, checks, and diplomas. A document signed under this authority shall possess the same legal effects as though it were signed by the State Superintendent.
B. Location. The location of the offices of the State Department of Education shall be in Baltimore, until by action of the State Board of Education the location is changed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to all public school students, all public schools, all local public school systems in Maryland, alternative education programs and schools operated by local school systems, juvenile institutions, public charter schools, nonpublic schools, the Maryland School for the Blind, and the Maryland School for the Deaf, which public school students are attending.
B. In addition to maintaining standards of proficient or better in all student performance areas as described in this chapter, each public school shall:
(1) Meet the requirements of other chapters in this title that apply to public schools; and
(2) Maintain documentation of inspections for compliance with applicable health, fire safety, and zoning regulations.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.02 - 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) "Annual measurable objective" means a performance target established by the State Board:
(a) For each grade level in reading and mathematics;
(b) For attendance rate; and
(c) For one of the following:
(i) Graduation rate; or
(ii) For schools that do not have a grade 12, dropout rate.
(1-1) "Approved advanced technology credit" means credit earned consistent with the guidelines developed by the Department.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.03 - School Safety

Current through Register Vol. 51, No. 14, July 12, 2024
All students in Maryland's public schools, without exception and regardless of race, ethnicity, region, religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to educational environments that are:
A. Safe;
B. Appropriate for academic achievement; and
C. Free from any form of harassment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.04 - Data-Based Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Student Performance Areas. The following data-based areas shall be measured by the standards in Regulation .05 of this chapter and reported annually as provided in Regulation .06 of this chapter to assess school and student performance:
(1) Maryland School Assessment results in reading and mathematics and Maryland High School Assessment results in algebra/data analysis and in English;
(2) Average daily attendance rate of students in grades 1-12; and
(3) Yearly high school graduation rate.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.05 - Standards That Apply to Student Performance Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. The attendance rate represents the average daily attendance rate of students in grades 1-12, including special education students. Summer school attendance is excluded. The proficient standard is 94 percent and the advanced standard is 96 percent.
B. The high school graduation rate represents the percentage of students who graduate from high school with a regular diploma, but does not include students who successfully complete the GED tests or students with disabilities who receive Maryland High School Certificates.
C. Student Achievement Rates.
(1) The student achievement rates represent the percentage of students who achieve at the basic, proficient, and advanced performance levels on the:
(a) Maryland School Assessments in reading and in mathematics;
(b) Maryland High School Assessment in algebra/data analysis and in English; and
(c) Science assessments to be developed before the beginning of the 2007-08 school year.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.06 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maryland School Performance Report.
(1) Annually before the beginning of the school year, the Department shall publish the Maryland School Performance Report for the State, school systems, and schools.
(2) Annually, each local school system shall publish the Maryland School Performance Report for the school system, schools, and students.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.07 - School Improvement, Corrective Action, and Restructuring - Local School Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. School Identified for Improvement.
(1) Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall identify for school improvement each elementary or secondary school that has not made AYP because that school did not make the annual measurable objective in the same reported area for 2 consecutive years. The reported areas are reading, mathematics, or as applicable, attendance rate or graduation rate.
(2) To insure that all students reach the State's proficient level in reading, mathematics, and science by 2013 -14, within 3 months or sooner after identification, each identified school shall develop a 2-year school improvement plan that:
(a) Focuses on strengthening core academic subjects;
(b) Incorporates strategies based on scientifically based research that will strengthen core academic subjects;
(c) Includes funds for high quality professional development; and
(d) Has specific measurable objectives for each student subgroup.
(3) Each local school system within 45 days of receiving a plan shall:
(a) Establish a peer review process to assist with review of the plan;
(b) Promptly review the plan;
(c) Work with the schools as necessary; and
(d) Approve the school plan if the plan meets the requirements of all applicable federal and State laws and regulations.
(4) The school improvement plan shall be implemented the school year following identification except for school year 2003-04 when the plan shall be implemented as soon as practicable during the 2003-04 school year.
(5) Each local school system shall provide a school identified for improvement with technical assistance grounded in scientifically based research that includes the following:
(a) Assistance in analyzing data from the State assessment system, and other examples of student work, to:
(i) Identify and develop solutions to problems in instruction;
(ii) Increase parental involvement;
(iii) Improve professional development; and
(iv) Implement the school plan;
(b) Assistance in identifying and implementing professional development and instructional strategies and methods that have proved effective, through scientifically based research, in addressing the specific instructional issues that caused the local school system to identify the school for improvement; and
(c) Assistance in analyzing and revising the school's budget so that the school allocates its resources more effectively to the activities most likely to increase student academic achievement and remove the school from school improvement status.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.04 - Public School Standards › Section 13A.01.04.09 - State Board of Education Review and Recognition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Board and the State Superintendent of Schools shall annually review the progress of each local school system to determine if the school system is making the annual measurable objective in reading and in mathematics and shall publicize the results of the review to each local school system, teachers, staff, and the community and include statistically sound disaggregated results.
B. The State Board, upon the recommendation of the State Superintendent of Schools, may make monetary or nonmonetary rewards to schools, school systems, or both, that significantly close the achievement gap between subgroups or exceed their annual measurable objective in reading or in mathematics for 2 or more consecutive years and designate certain schools as distinguished schools that have made the greatest gains in closing the achievement gap or exceeding their annual measurable objectives.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.01 - 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) "Appellant" means the individual or entity appealing a final decision of a local board.
(2) "Contested case" means a proceeding as defined in State Government Article, §
										10-202(d), Annotated Code of Maryland.
(3) "Days" means calendar days unless otherwise indicated.
(4) "Department" means the State Department of Education.
(5) "File" means:
(a) In regard to an initial appeal, petition for declaratory ruling, or request for removal of a local board member:
(i) Delivery of the papers to the State Board in hard copy on or before the date the papers are due;
(ii) Depositing the papers in the United States mail as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin on or before the date the papers are due; or
(iii) Submitting the papers electronically to the State Board on or before the date the papers are due.
(b) In regard to all other motions, memoranda, and responses:
(i) Delivery of the papers to the State Board in hard copy on or before the date papers are due;
(ii) Depositing the papers in the United States mail or with a delivery service on or before the date the papers are due; or
(iii) Submitting the papers electronically to the State Board on or before the date the papers are due.
(6) "Local board" means the board of education of a county including the Baltimore City Board of School Commissioners.
(7) "Local superintendent" means the superintendent of a local school system and includes the chief executive officers for the Baltimore City Public School System and for the Prince George's County Public School System.
(8) "Party" means either an appellant, respondent, or any person or entity allowed to intervene or participate as a party.
(9) "Respondent" means the local board or other individual or entity which issued the decision that is on appeal.
(10) "State Board" means the State Board of Education.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.02 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contents. The request for an appeal shall:
(1) Be signed by each party taking the appeal and include the printed name, regular mail address, and email address of each party;
(2) Designate the decision or order for which review is requested;
(3) Contain a statement of the facts necessary to an understanding of the appeal;
(4) Contain the issues or charges for which the appeal is being taken;
(5) Contain reasons in support of the appeal;
(6) Contain a statement of the relief sought;
(7) Include any supporting documents, exhibits, and affidavits;
(8) Include, if possible, a copy of the order and opinion from which the appeal is sought; and
(9) Be no longer than 15 pages, excluding attachments.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.03 - Response to Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time for Response.
(1) Within 20 days after the State Board sends a copy of the appeal to the local superintendent, the respondent shall file a memorandum in response to the appeal or a motion to dismiss, whichever is appropriate.
(2) For appeals to be transferred to the Office of Administrative Hearings pursuant to Regulation .07 of this chapter, §A(1) of this regulation does not apply unless the respondent files a motion to dismiss.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.04 - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amendment of Appeal or Other Pleading.
(1) The State Board upon its own initiative or upon the request of a party may order a party to make a more definite statement of the appeal.
(2) A party may amend an appeal or other pleading upon leave of the State Board or by written consent of the other party.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.05 - Petition for Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may file a petition for declaratory ruling by the State Board on the interpretation of a public school law or regulation of the State Board that is material to an existing case or controversy.
B. The rules set forth in this chapter apply to a petition for declaratory ruling, as appropriate.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.06 - Standard of Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Decisions of a local board involving a local policy or a controversy and dispute regarding the rules and regulations of the local board shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the decision is arbitrary, unreasonable, or illegal.
B. A decision may be arbitrary or unreasonable if it is one or more of the following:
(1) It is contrary to sound educational policy; or
(2) A reasoning mind could not have reasonably reached the conclusion the local board or local superintendent reached.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.07 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Transfer to the Office of Administrative Hearings.
(1) The State Board shall transfer an appeal to the Office of Administrative Hearings for review by an administrative law judge under the following circumstances:
(a) An appeal of a school consolidation, school redistricting, or school closing pursuant to COMAR 13A.02.09;
(b) An appeal of a certificated employee suspension or dismissal pursuant to Education Article, §
											6-202, Annotated Code of Maryland; or
(c) An appeal upon review in which the State Board finds that there exists a genuine dispute of material fact.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.08 - Hearing Record and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall prepare an official record which shall include:
(1) Motions and pleadings;
(2) Documentary evidence;
(3) Exhibits;
(4) Memoranda or materials filed in the proceedings; and
(5) Items required in a contested case as set forth in the Administrative Procedure Act.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.09 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Board shall make the final decision in all appeals.
B. Except as otherwise provided in this chapter, the State Board shall decide an appeal on the record without a hearing or oral argument.
C. A decision may not be rendered without the concurrence of a majority of the voting members then serving on the State Board. If the Board cannot reach such concurrence, the local board's decision shall stand.
D. The final decision shall be in writing and contain a factual background, legal analysis, and conclusion.
E. A copy of the decision shall be promptly delivered or mailed to each party or the party's attorney of record, local board presidents, local superintendents of schools, designated representatives of the State teachers associations, and the association of local boards of education.
F. Copies.
(1) Copies of the opinions of the State Board and an index to the opinions shall be kept electronically at the Department and shall be available for inspection at any reasonable time.
(2) The Department may charge any reasonable fee for making or supervising the making of a copy, printout, or other reproduction of an opinion or an index.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 01 - STATE SCHOOL ADMINISTRATION › Chapter 13A.01.05 - Appeals to the State Board of Education › Section 13A.01.05.10 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may file a request for reconsideration of a State Board decision within 30 days of the date of the decision using the method of filing prescribed by Regulation .01B(5)(a) of this chapter for initial appeals.
B. The party requesting the reconsideration shall send copies of the request to all other parties.
C. A response to a request for reconsideration may be filed within 15 days of the date the request for reconsideration was filed.
D. A decision on the request shall be made in the discretion of the State Board except that a decision may not be disturbed unless:
(1) The decision resulted from a mistake or error of law; or
(2) New facts material to the issues have been discovered or have occurred subsequent to the decision.