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. 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. 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. Term. The term of a waiver may not exceed 3 years. Requests to renew waivers for additional 3-year terms may be filed with the State Superintendent of Schools. Procedure. The head of an educational institution or program, including an institution of higher education, or the local superintendent of schools on behalf of a school or school system, shall file a waiver request with the State Superintendent of Schools. The request shall include a description of the desired outcome and an explanation of why the waiver is necessary and justifiable under the circumstances. The State Superintendent of Schools shall submit to the State Board of Education each waiver request within 45 calendar days of its receipt with a recommendation for either granting or denying the waiver, specifying its term, and providing written justification for any recommended denial. The State Board of Education shall render a decision at its next regularly scheduled meeting. The decision of the State Board of Education on a waiver request is final. Education Article, §§2-204 and 2-205, Annotated Code of Maryland Effective date: December 22, 1965 Regulation .04 repealed and new Regulation .04 adopted effective July 1, 1987 (14:10 Md. R. 1171) Chapter revised effective January 15, 1989 (15:27 Md. R. 3129) Regulation .02 repealed effective October 15, 1991 (18:20 Md. R. 2200) Regulation .02-1 adopted effective August 5, 1991 (18:15 Md. R. 1728) Regulation .02-1 amended effective January 25, 1999 (26:2 Md. R. 106) Regulation .03B amended effective November 1, 1999 (26:22 Md. R. 1693) Regulation .03P amended effective October 15, 1991 (18:20 Md. R. 2200) Regulation .03 repealed effective July 19, 2004 (31:14 Md. R. 1079) Outside Committee Assignments. The State Superintendent should serve in his or her official capacity only on committees directly concerned with education. 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 the State Superintendent’s own motion, to order a stay 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. The stay shall be issued within 5 days of the date notice of the action is received by the State Superintendent or the State Board. The stay shall not exceed 60 days in duration, unless the local board’s action has been appealed to the local board or the State Board, in which case the stay may remain in place until the State Board has issued a final decision on the appeal. The stay may be dissolved at any time by the State Superintendent or the State Board. 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. 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. Applicable projects include the following: Plans or specifications for the remodeling of or addition to a school building if the remodeling or addition costs more than $350,000; Plans or specifications for the construction of a new school building; and Change orders that cost more than $25,000 for the remodeling, restoration, or construction of a school building. Exceptions. A public school construction project or public school capital improvement project for which State planning approval is requested and approved by the Board of Public Works pursuant to Education Article, §5-301, Annotated Code of Maryland, is excepted from the requirements of this regulation. Procedures. Requests for approval shall be in writing and addressed to the State Superintendent. The State Superintendent shall approve or disapprove all applicable projects under §B of this regulation. If the State Superintendent disapproves any plan, specification, proposal, or change order, the Superintendent shall state in writing the reasons for disapproval. Approvals required by the fire marshal and other State and local agencies shall be obtained by the local school system before submitting a request for approval of the Superintendent. A local school system may use Interagency Committee/Public School Construction Program (IAC/PSCP) forms for the above referenced requests. If the IAC/PSCP forms are used, a notation of Non-State Funded Project shall be placed at the top of each form. Requests for approval shall be addressed to the State Superintendent of Schools, c/o School Facilities Branch, 200 West Baltimore Street, Baltimore, Maryland 21201. Upon completion of the project, a letter shall be submitted to the Superintendent from the local school system certifying that the project is completed. The following information shall be submitted: Notification of intent to proceed with a project under §B of this regulation; Educational specifications consistent with the outline for educational specifications in the IAC/PSCP Administrative Procedures Guide; Schematic plans; Design development documents; Construction documents; Contract award or authorization for use of local staff; Change orders over $25,000. The State Superintendent of Schools shall report to the State Board of Education the: Condition of existing public school buildings; Adequacy of existing public school buildings to support educational programs; and Cost to upgrade facilities to specified criteria. Contingent on a State appropriation funding the survey, local school systems shall conduct a facilities assessment survey beginning in fiscal year 2008 and at least every 4 years thereafter. Contingent on State funding, the Department shall: Identify minimum criteria based on the most recent editions of federal, State, and local facilities guidelines, standards, and codes addressing building, site, student capacity, educational programs, and supporting services factors; Identify current construction cost estimate parameters using data from the Interagency Committee on School Construction; and Consult with representatives of local school systems prior to issuing the assessment criteria, construction cost parameters, and survey instrument. Local School Systems. Subject to §D(2) of this regulation and contingent on State funding, local school systems shall: Assess the adequacy of public school facilities by applying specific minimum criteria to specified building elements in individual schools and report individual school data to the Department; and Estimate the construction cost to remedy facilities deficiencies in individual schools and report individual school data to the Department. Local school systems may exempt school buildings proposed for closing within the next 4-year period from the survey. The Department shall compile the assessment and cost data into composite findings for the school system and the State and compare these findings to the Final Report of the Task Force to Study Public School Facilities, dated February 2004. The Department may not release any individual school data. School Health Services. School health services shall be provided in designated health facilities consistent with COMAR 13A.05.05.10. Physical Education Program. Scope. This section applies only to schools: Built and occupied, or renovated and occupied, after January 1, 2013; and 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. Purpose of Facilities. The facilities required in this section are to support the Physical Education instructional program required in COMAR 13A.04.13. Design Guidelines. The design of facilities required in this section shall be based on voluntary guidelines approved by the State Board of Education for physical education programs. The following minimum spaces are required: Gymnasium; Teacher office or planning area; Equipment storage area or areas; Outdoor instructional playing field; and Outdoor instructional hard surface area. Waiver. The local superintendent of schools may request a waiver of all or part of this section based on design constraints due to: Size of the school site; Configuration of the school site; and Zoning. The State Superintendent of Schools may waive all or part of this section. The waiver decision of the State Superintendent of Schools may be appealed to the State Board of Education. The State Superintendent shall develop and administer the Lacrosse Opportunities Program to increase opportunities for minority students to participate in lacrosse in their communities. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Agency” means a local education agency serving a population of students at least 80 percent of which are minority students. “Local education agency” means any of the 24 local public school systems in the State. “Minority student” means a student who is an Alaska Native, American Indian, Asian-American, African-American, Hispanic American, Native Hawaiian, or Pacific Islander. Grant Application. An agency may submit an application to receive a grant on forms developed by the Department. An application shall include: A description of the scope and purpose of the proposed program; A business plan that includes the estimated total cost of the proposed program; and Any other information required by the Department in grant application guidelines or forms. Grant Award. An agency receiving a grant award shall provide matching funds from any combination of federal, county, municipal, or private sources. The Department shall ensure that the grant does not exceed 50 percent of the total annual cost of the grantee’s program. To the extent funds are available, the State Superintendent or designee will award grants to agencies that meet the requirements for a grant under this regulation. Education Article, §§2-205, 2-303, 2-305, 5-301, 7-103, and 7-409, Annotated Code of Maryland Effective date: August 28, 1963 Regulation .03 adopted effective February 26, 1979 (6:4 Md. R. 278) Regulation .04 adopted effective January 27, 1986 (13:2 Md. R. 138) Chapter revised effective January 15, 1989 (15:27 Md. R. 3129) Regulation .01B amended as an emergency provision effective July 23, 2025 (52:16 Md. R. 845); adopted permanently effective October 27, 2025 (52:21 Md. R. 1025) Regulation .03 amended effective November 1, 1999 (26:22 Md. R. 1694) Regulation .04 adopted effective March 12, 2007 (34:5 Md. R. 561) Regulation .05 adopted effective October 3, 2011 (38:20 Md. R. 1203) Regulation .06 adopted effective December 22, 2014 (41:25 Md. R. 1486) 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. 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. Outside Employment. The assistants of the State Superintendent of Schools shall devote their full time to the work of their respective positions, and shall make no engagements for employment as instructors, or in any other way employ themselves outside their usual duties, without the consent of the State Superintendent of Schools. Educational Leave. Purpose. The primary purpose of a program of educational leave is to increase the value of the professional staff member to the State Department of Education. This may be accomplished through further study, research, or exchange in a similar position or other experience leading to professional growth. Duration. Educational leave may be requested for a full year or part of a year. The leave shall be on a full-time basis unless otherwise recommended by the State Superintendent of Schools. Selection and Appointment. All benefits, privileges, and opportunities of a person on educational leave shall be continued in the same manner as though the person were on active duty. This applies to tenure and retirement benefits, salary increments, and opportunity for promotion. The number of persons on leave at any one time shall rest with the State Superintendent of Schools. Written application for an educational leave shall be made by the person desiring the leave in time to permit any adjustment in professional responsibilities which might be necessary by the granting of the leave. The application for a leave shall be accompanied by a plan in which the applicant outlines the means by which he or she expects to increase his or her personal worth to the State Department of Education during the period of leave. General Provisions. Eligibility. Any professional staff member recommended by the State Superintendent of Schools shall be eligible for educational leave. Salary. The recipient of an educational leave shall be paid on the basis of the recipient's annual salary whether on leave for a full year or any part of a year. Responsibilities. The recipient of an educational leave must agree to return to the service of the State Department of Education for at least one school year if the leave has been for one semester or two school years if the leave has been for two semesters. If the recipient does not comply with §D(4)(c)(i) of this regulation, the recipient shall be held financially responsible for the educational leave stipend; for all of it if there is no return to service. If the recipient returns but fails to complete two full school years, the recipient shall be held financially responsible for the same proportion of the stipend as the period of service unfulfilled is to 2 years. Full-time employment by the recipient of an educational leave, except when on an exchange basis, shall be prohibited. This does not, however, preclude the acceptance of grants, fellowships, or honoraria for occasional consultative service which would not interfere with the leave plan of the recipient. Approval of educational leave is subject to availability of funding. Education Article, § 2-103 and 2-104, Annotated Code of Maryland Effective date: June 28, 1967 Regulation .01A amended effective January 15, 1989 (15:27 Md. R. 3130); November 1, 1999 (26:22 Md. R. 1694) Regulation .02 amended effective November 1, 1999 (26:22 Md. R. 1694) Regulation .02D amended effective January 15, 1989 (15:27 Md. R. 3130); August 15, 1994 (21:16 Md. R. 1385) 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. In addition to maintaining standards of proficient or better in all student performance areas as described in this chapter, each public school shall: Meet the requirements of other chapters in this title that apply to public schools; and Maintain documentation of inspections for compliance with applicable health, fire safety, and zoning regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Annual measurable objective” means a performance target established by the State Board: For each grade level in reading and mathematics; For attendance rate; and For one of the following: Graduation rate; or For schools that do not have a grade 12, dropout rate. “Approved advanced technology credit” means credit earned consistent with the guidelines developed by the Department. “AYP” means adequate yearly progress as specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq., and as implemented by the Department. “Career and technology education program requirements” means completion of four occupational course credits in a planned, sequential program of study that integrates academic, technical, and workplace readiness skills. “Core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. “Department” means the State Department of Education. “Executive officer” means a principal's supervisor who evaluates the principal. “Free and reduced price meals” means services funded by meeting income eligibility guidelines of the United States Department of Agriculture. “Gifted and talented” means opportunities for students identified by professionally qualified individuals as having outstanding abilities in the area of general intellectual capabilities, specific academic aptitude, or the creative, visual, or performing arts under guidelines developed by the Department. “High quality professional development” means professional development consistent with the requirements specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq. and as approved in the State plan. “Highly qualified teacher” means a teacher with qualifications consistent with the requirements specified in the No Child Left Behind Act, 20 U.S.C. §6301 et seq., and as implemented by the Department. “Limited-English proficient (LEP)” means a student 3 years old through 21 years old enrolled in an elementary school or secondary school: Who: Was not born in the United States or whose native language is a language other than English; Is a Native American or Alaska Native, or a native resident of the outlying areas, and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or Is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student the: Ability to meet the State's proficient level of achievement on State assessments described in Regulation .05C of this chapter; Ability to successfully achieve in classrooms where the language of instruction is English; or Opportunity to participate fully in society. “Local reconstitution” means the process used before the 2003—04 school year for school improvement, corrective action, and restructuring, that included changing one or more of a school's administration, staff, organization, or instructional programs. “Local school superintendent” means the superintendent of a local school system and includes the chief executive officers of local school systems. “Per pupil expenditure” means the average total cost of providing education to each student attending a public school in a local school system, excluding capital expenditures. “Public charter school” means a school operated as a public charter school consistent with the requirements of State law and regulation. “Public school student” means a student enrolled in a local public school system and attending a public school, an alternative education program, or alternative school operated by a local school system, a public charter school, a juvenile institution, nonpublic school, the Maryland School for the Blind, or the Maryland School for the Deaf. “Special education” means services for a student with disabilities as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. “State Board” means the Maryland State Board of Education. “State reconstitution” means the process used before the 2003—04 school year for school restructuring that included contracting with a third party to operate the school. “Title 1” means services funded in whole or in part by Title 1 of the federal Elementary and Secondary Education Act (ESEA), as amended, 20 U.S.C. §6301 et seq. “University of Maryland System course requirements for admission” means four credits of English, three credits of social studies/history, three credits of science (laboratory), three credits of mathematics (algebra/geometry/algebra II), two credits of foreign languages or advanced technology, and six credits of academic electives. “Wealth per pupil” means the taxable wealth of a local jurisdiction as defined by Education Article, §5-202, Annotated Code of Maryland, in relation to the September 30 enrollment of the local school system. 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: Safe; Appropriate for academic achievement; and Free from any form of harassment. 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: Maryland School Assessment results in reading and mathematics and Maryland High School Assessment results in algebra/data analysis and in English; Average daily attendance rate of students in grades 1—12; and Yearly high school graduation rate. Supporting Information. The following data-based areas shall be reported to provide contextual information: Students enrolled in grades Prekindergarten—2, including preschool special education; Student mobility—entrants and withdrawals; Yearly dropout rate of students in grades 9—12; Norm-referenced test scores in reading and mathematics in grades 3—10; Maryland High School Assessment test scores in English, algebra/data analysis, biology, and government; Students participating in highly rigorous courses such as advanced placement, International Baccalaureate, and honors courses; The rate of students receiving services in special education, limited-English proficiency, Title 1, and free and reduced price meals; Wealth per pupil; Per pupil expenditure; Instructional staff, professional support staff, and instructional assistants per 1,000 students; Length of the school year; Length of the school day; The number of documented decisions of grade 12 students: Expecting acceptance at a 4-year college, a 2-year college, or a specialized school; or Planning to accept employment related to preparation, employment unrelated to preparation, or the military; A description of opportunities for gifted and talented students; High school completion of University System of Maryland course requirements for admission, career and technology education program requirements, or four of the following six performance indicators: Two or more credits in foreign language with a grade of B or better; Two or more credits of approved advanced technology with a grade of B or better; Mathematics courses beyond algebra II and geometry with a grade of B or better; Four credits of science with a grade of B or better; Score to be established by the Maryland State Board of Education, on SAT-1, or 20 or higher on ACT, or both; and A cumulative grade point average of 3.0 or higher on a 4.0 scale; The number of students with disabilities who receive the Maryland High School Certificate; The number of candidates who successfully complete the General Educational Development (GED) Tests; The percentage of : Teachers holding professional certificates; Highly qualified teachers; Teachers with conditional credentials; and Classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools; and The number of teachers participating in high quality professional development. 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. 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. Student Achievement Rates. The student achievement rates represent the percentage of students who achieve at the basic, proficient, and advanced performance levels on the: Maryland School Assessments in reading and in mathematics; Maryland High School Assessment in algebra/data analysis and in English; and Science assessments to be developed before the beginning of the 2007—08 school year. The State Board shall establish the basic, proficient, and advanced student performance levels for reading and for mathematics for: Grades 3, 5, 8, and 10 by September 1, 2003; and Grades 4, 6, and 7 by September 1, 2004. The State Board shall establish the graduation rate standards by September 1, 2003. By September 1, 2003, the State Board shall establish AYP for schools, school systems, and the State for: Reading; Mathematics; and Graduation. The State Board shall establish the basic, proficient, and advanced student performance levels for science by September 1, 2008. The State Board shall review and revise as appropriate AYP by September 1, 2008. Maryland School Performance Report. Annually before the beginning of the school year, the Department shall publish the Maryland School Performance Report for the State, school systems, and schools. Annually, each local school system shall publish the Maryland School Performance Report for the school system, schools, and students. Contents of Report. Each report shall include student performance data, school performance data, and supporting information, and shall be available in multiple formats. Student performance data shall be reported with percentages in both summary form and disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged. Data from a public school student attending for less than a full academic year an alternative education program or school operated by a local school system, a juvenile institution, a public charter school, a nonpublic school, the Maryland School for the Deaf, or the Maryland School for the Blind shall be included in the performance report of the local school system in which the student was last enrolled. Data from a public school student attending for a full academic year an alternative education program or school operated by a local school system, a juvenile institution, a public charter school, a nonpublic school, the Maryland School for the Deaf, or the Maryland School for the Blind shall be included in the performance report of the alternative school attended by the student and in the performance report of the local school system in which the student was last enrolled. School Identified for Improvement. 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. 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: Focuses on strengthening core academic subjects; Incorporates strategies based on scientifically based research that will strengthen core academic subjects; Includes funds for high quality professional development; and Has specific measurable objectives for each student subgroup. Each local school system within 45 days of receiving a plan shall: Establish a peer review process to assist with review of the plan; Promptly review the plan; Work with the schools as necessary; and Approve the school plan if the plan meets the requirements of all applicable federal and State laws and regulations. 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. Each local school system shall provide a school identified for improvement with technical assistance grounded in scientifically based research that includes the following: Assistance in analyzing data from the State assessment system, and other examples of student work, to: Identify and develop solutions to problems in instruction; Increase parental involvement; Improve professional development; and Implement the school plan; 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 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. School Identified for Corrective Action. Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall place a school in corrective action if a school has not made AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate, after 2 years in school improvement. For a school under corrective action, each local school system shall continue to provide technical assistance as required under §A(5) of this regulation and shall take at least one of the following corrective actions: Replace the school staff who are relevant to the failure to make adequate yearly progress; Institute and fully implement a new curriculum, including providing high qualify professional development for all staff who are relevant to the failure to make AYP, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make AYP; Significantly decrease management authority at the school level; Appoint an outside expert to advise the school on its progress toward making AYP based on its school plan; Extend the length of the school year or school day for the school; or Restructure the internal organizational structure of the school. School Identified for Restructuring. Annually, before the beginning of the school year following a failure to make adequate yearly progress, a local school system shall identify a school for restructuring if after 1 full year of corrective action the school does not make AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate. The local school system shall prepare a plan for alternative governance and implement the alternative governance arrangement not later than the beginning of the next school year. One of the following alternative governance arrangements shall be implemented consistent with State law and as approved by the State Superintendent of Schools and the State Board: Reopening the school as a public charter school consistent with the requirements of State law and regulation; Replacing all or most of the school staff including the principal who are relevant to the failure to make AYP; Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school; or Any other major restructuring of the school's governance arrangement that makes fundamental reform such as significant changes in the school's staffing and governance to improve academic achievement in the school and that has substantial promise of enabling the school to make AYP. General Requirements for School Improvement, Corrective Action, or Restructuring. Before identifying a school for school improvement, corrective action, or restructuring, a local school system shall provide the school with an opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based. Supporting Evidence. If the principal of a school that a local school system proposes to identify for school improvement, corrective action, or restructuring believes, or a majority of the parents of the students enrolled in the school believe, that the proposed identification is in error for statistically significant reasons, the principal may provide supporting evidence to the local school system. The local school system shall consider the evidence referred to in §D(2)(a) of this regulation before making a final determination. The local school system shall submit its final determination to the Department for its review and approval. The local school system shall make public a final determination of the status of the school with respect to identification not later than 30 days after it provides the school with the opportunity to review the data on which the proposed identification is based. Each local school system shall provide to parents of each student enrolled in a school identified for improvement, corrective action, or restructuring, notice and an explanation of what the identification means, the reasons for the identification, what the school is doing to address the problem of low achievement, how parents can become involved in addressing the academic issues, and any other information required by applicable federal or State law or regulation. If a school makes the annual measurable objective for which it was identified for improvement for 1 year or has extenuating circumstances beyond its control, such as an act of nature or an extraordinary fiscal constraint beyond its control, a local school system may delay the progression of the school into the next phase of the school improvement process for 1 year; but no such period of delay shall be taken into account in determining the number of consecutive years of failure to make AYP. If any school identified for school improvement, corrective action, or restructuring makes AYP for 2 consecutive years, the local school system may not subject the school to the requirements of school improvement, corrective action, restructuring or identify the school for school improvement for the succeeding year. A school receiving funds under Title I of the No Child Left Behind Act must comply with all applicable State and federal requirements for schools identified for improvement, corrective action, and restructuring. If the State Board determines that a local school system has failed to fulfill its responsibilities as set forth in this regulation, the State Board shall take appropriate corrective action, including withholding or redirection of State and federal funding. Schools Previously Identified for Improvement, Corrective Action, or Reconstitution. A school in the first or second year of school improvement under Title I on January 8, 2002, shall be treated by the local school system as a school in the first or second year of school improvement for the 2002—03 school year. A school in the first or second year under local reconstitution on January 8, 2002, that is not also a school under Title I, shall be treated as a school in the first or second year of school improvement for the 2002—03 school year. A school in school improvement under Title I for 3 or more consecutive school years preceding January 8, 2002, shall be treated by the local school system as a school under corrective action for the 2002—03 school year. A school under local reconstitution for 3 or more consecutive school years preceding January 8, 2002, that is not also a school under Title I, shall be treated by the local school system as a school under corrective action for the 2002—03 school year. Any school that was in corrective action on January 8, 2002 shall be treated by the local school system as a school requiring restructuring for the 2003—04 school year. Local School System Improvement. The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify for improvement any local school system that for 2 consecutive years fails to make the annual measurable objectives in reading, mathematics, or as applicable, attendance rate, or graduation rate at each of the elementary school grades (3— 5), middle school grades (6—8), and high school grades (9—12). Before identifying a local school system for improvement, the State Board shall: Provide the local school system with an opportunity to review the data on which the proposed identification is based; Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based. The State Board shall promptly provide parents of each student enrolled in the schools served by the local school system identified for improvement notice, the results of the review, the reasons for identification of the school system for improvement, and how parents can participate in upgrading the quality of the local school system. Within 3 months of identification, the local school system shall revise applicable components of the school system master plan to: Incorporate scientifically based research strategies that strengthen the core academic program in the schools in the system; Identify actions that have the likelihood of improving student achievement to meet the State's proficiency standards; Address professional development needs of staff in schools not making AYP; Include specific measurable achievement goals and targets for each of the subgroups of students; Address the fundamental teaching and learning needs in schools and specific academic problems of low-achieving schools; Incorporate as appropriate activities before school, after school, during the summer, and during an extended school year; Specify the responsibilities of the local school system under the plan; and Include strategies to promote effective parental involvement in the school. The local school system shall implement the plan not later than the school year following the year in which the school system was identified for improvement. Technical Assistance. The Department shall, if requested, provide technical assistance grounded in scientifically based research that better enables the local school system to develop and implement its plan and work with schools needing improvement. The Department may use an entity to provide the technical assistance. Local School System Corrective Action. The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify a local school system for corrective action if a local school system does not make the system improvement performance targets in reading, mathematics, or as applicable, attendance rate or graduation rate for 2 consecutive years at each of the elementary school grades (3—5), middle school grades (6—8), and high school grades (9—12) after identification of the school system for system improvement. Before identifying a local school system for corrective action, the State Board shall: Provide the local school system with an opportunity to review the data on which the proposed identification is based; Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based. For a local school system identified for corrective action, the State Board and the State Superintendent of Schools shall continue to make available technical assistance and shall take at least one of the following corrective actions: Defer, reduce, or redirect State and federal programmatic and administrative funds including per pupil funding; Order the local school system to institute and fully implement a new curriculum aligned with the State curriculum that is based on State and local academic content and achievement standards, including high quality professional development based on scientifically based research; Order the local school system to replace school principals and executive officers who are relevant to the failure to make AYP with qualified personnel approved by the State Board and the State Superintendent of Schools; Remove particular schools from the direct control of the local school board and establish alternative arrangements for public governance and supervision of such schools; Order a reorganization of the local school system as approved by the State Board and the State Superintendent of Schools that groups specified schools under the direct supervision of an executive officer approved by the State Superintendent of Schools who reports directly to the local school superintendent or chief executive officer; Through court proceeding, appoint a receiver or trustee to administer the affairs of the local school system in place of the superintendent and school board; or With legislative authorization, abolish or restructure the local school system. The State Board shall publish and disseminate to parents and the public information on any corrective action the State Board takes. The State Board may delay implementation of corrective action if a local school system makes the annual measurable objective for which it was identified for corrective action for 1 year or its failure to make the annual measurable objective is due to exceptional circumstances such as acts of nature or an unforeseen decline in financial resources beyond the control of the local school system. A period of delay under this subsection may not be taken into account in determining the number of consecutive years of failure to make AYP. If a local school system makes the annual measurable objective in the reported area in the elementary school grades (3—5), middle school grades (6—8), or high school grades (9—12) for 2 consecutive years and continues to meet objectives in other reported areas in the elementary school grades (3—5), middle school grades (6—8), or high school grades (9—12) beginning after the date of identification, the State Board shall not identify the local school system for improvement or for corrective action for the succeeding school year. If, after 2 years in corrective action, the local school system continues to remain in corrective action, the State Board shall review the actions taken by the local school system and determine if modifications to the corrective action plan are appropriate. Hearings. If the State Superintendent of Schools recommends that a local school system be placed under corrective action, the State Superintendent of Schools shall provide a written explanation of the basis for the recommendation. Within 10 days of the date of the recommendation by the State Superintendent of Schools, the local board of education may file a written request for a hearing before the State Board. If a hearing is requested, the hearing shall be scheduled promptly. The hearing shall proceed in the following manner: The State Superintendent of Schools or designee shall describe the rationale for the recommendation and submit supporting documentation; The local board of education through a designee shall present the board's position with respect to the recommendation and submit supporting documentation; Members of the school community and parents of students in the school may file written comments regarding the recommendations; The State Board may ask questions during each presentation; and Counsel may be present and assist each board, but staff members shall make the presentations. The State Board shall determine by a preponderance of the evidence if the State Superintendent of Schools has provided a sufficient and reasonable basis to support the State Superintendent's recommendation. Transition. For the 2003—04 school year, the State Board shall identify for corrective action any local school system that as of January 8, 2002, has had 25 percent or more of its schools under local or State reconstitution for more than 3 school years. For the 2003—04 school year, the State Board shall identify for improvement any local school system that as of September 1, 2003, has 25 percent or more of its schools newly identified for school improvement or corrective action. 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. 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. Education Article, §§2-205, 2-206, 2-303, 5-201—5-206, 7-202, 7-203, 7-205, 7-301, and 8-404, Annotated Code of Maryland;Federal Statutory Reference: 20 U.S.C.§6301 et seq.;Federal Regulatory Reference: 34 CFR 200 Effective date: December 20, 1993 (20:25 Md. R. 1948) Regulation .02B amended effective December 4, 1995 (22:24 Md. R. 1900); July 1, 1996 (23:13 Md. R. 945) Regulation .03 amended effective July 1, 1996 (23:13 Md. R. 945); November 1, 1999 (26:22 Md. R. 1694) Regulation .03A amended effective December 4, 1995 (22:24 Md. R. 1900) Regulation .04 amended effective July 1, 1996 (23:13 Md. R. 945); November 1, 1999 (26:22 Md. R. 1694) Regulation .04E amended effective December 5, 1994 (21:24 Md. R. 1989) Regulation .05A amended effective November 1, 1999 (26:22 Md. R. 1694) Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1320) Regulation .07B amended effective June 6, 1994 (21:11 Md. R. 952) Regulation .07 repealed and new Regulations .07 and .08 adopted effective January 26, 1998 (25:2 Md. R. 77) Regulation .07A amended effective November 1, 1999 (26:22 Md. R. 1694) Regulation .07F adopted effective November 1, 1999 (26:22 Md. R. 1694) Regulations .07 and .08 repealed and new Regulations .07—.10 adopted effective June 25, 2001 (28:12 Md. R. 1111) Regulations .01—.10 repealed and new Regulations .01—.09 adopted effective July 21, 2003 (30:14 Md. R. 936) Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1349) Regulation .04A, B amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882) Regulation .04B amended effective November 8, 2004 (31:22 Md. R. 1596); July 28, 2008 (35:15 Md. R. 1349) Regulation .05A amended effective November 8, 2004 (31:22 Md. R. 1596) Regulation .05C amended effective April 11, 2005 (32:7 Md. R. 682); May 22, 2006 (33:10 Md. R. 882) Regulation .07 amended effective July 28, 2008 (35:15 Md. R. 1349) Regulation .08A amended effective July 28, 2008 (35:15 Md. R. 1349) Regulation .08B amended effective July 28, 2008 (35:15 Md. R. 1349); January 14, 2010 (37:1 Md. R. 15) Regulation .09 amended effective July 28, 2008 (35:15 Md. R. 1349) In this chapter, the following terms have the meanings indicated. Terms Defined. “Appellant” means the individual or entity appealing a final decision of a local board. “Contested case” means a proceeding as defined in State Government Article, §10-202(d), Annotated Code of Maryland. “Days” means calendar days unless otherwise indicated. “Department” means the State Department of Education. “File” means: In regard to an initial appeal, petition for declaratory ruling, or request for removal of a local board member: Delivery of the papers to the State Board in hard copy on or before the date the papers are due; 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 Submitting the papers electronically to the State Board on or before the date the papers are due. In regard to all other motions, memoranda, and responses: Delivery of the papers to the State Board in hard copy on or before the date papers are due; Depositing the papers in the United States mail or with a delivery service on or before the date the papers are due; or Submitting the papers electronically to the State Board on or before the date the papers are due. “Local board” means the board of education of a county including the Baltimore City Board of School Commissioners. “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. “Party” means either an appellant, respondent, or any person or entity allowed to intervene or participate as a party. “Respondent” means the local board or other individual or entity which issued the decision that is on appeal. “State Board” means the State Board of Education. Contents. The request for an appeal shall: Be signed by each party taking the appeal and include the printed name, regular mail address, and email address of each party; Designate the decision or order for which review is requested; Contain a statement of the facts necessary to an understanding of the appeal; Contain the issues or charges for which the appeal is being taken; Contain reasons in support of the appeal; Contain a statement of the relief sought; Include any supporting documents, exhibits, and affidavits; Include, if possible, a copy of the order and opinion from which the appeal is sought; and Be no longer than 15 pages, excluding attachments. Deadlines. Appeals. An appeal shall be filed within 30 calendar days of the decision of the local board or other individual or entity which issued the decision on appeal. The 30 days shall run from the later of the date of the order or the opinion reflecting the decision. The day of the decision may not be included in computing any period of time prescribed by these regulations. An appeal shall be deemed to have been filed within the 30-day period of time permitted under §B(1) of this regulation if, before the expiration of the time, it has been: Delivered to the State Board; Deposited 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; or Submitted electronically to the State Board. The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday. Acknowledgment. The State Board shall promptly acknowledge receipt of the appeal in writing and send a copy of an appeal involving a local school system to the local superintendent. Time for Response. 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. Motion to Dismiss. A motion to dismiss shall specifically state the facts and reasons upon which the motion is based that may include, but are not limited to, the following: The local board has not made a final decision; The appeal has become moot; The appellant lacks standing to bring the appeal; The State Board has no jurisdiction over the appeal; or The appeal has not been filed within the time prescribed by Regulation .02B of this chapter. The State Board may, on its own motion, or on motion filed by any party, dismiss an appeal for one or more of the reasons listed in §B(1) of this regulation. Memorandum in Response to the Appeal. The respondent may file a memorandum in response to the appeal. The memorandum shall contain the following: A concise statement of the questions presented for review; A statement of the facts material to those questions; An argument on each question, including citations of authority, reference to relevant legal principles, and reference to pages of the record and exhibits relied on, if any; A short conclusion stating the relief sought; and Any supporting documents, exhibits, and affidavits. The appellant may file a response to the memorandum, and the local board may file a reply to the response. The State Board may decide the appeal on the merits based on the filings. Record. The local board shall file the record of the local proceedings with the local board's response. Transcript. The stenographic record of an evidentiary hearing before the local board or its designee shall be transcribed, and the cost of transcription shall initially be paid by the appellant. An appellant who prevails in an appeal before the State Board shall be reimbursed the cost of the transcription by the local board. The transcript shall be filed promptly with the State Board. Parties may agree by written stipulation to omit from the record and transcript those parts unnecessary for the determination of the issues presented to the State Board. Waiver of Transcription Costs. An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs, with the State Superintendent. The request of waiver shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant's inability to pay. The State Superintendent shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers. If the State Superintendent is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Superintendent may waive the payment of cost, and the cost shall be paid by the local board. A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity. Amendment of Appeal or Other Pleading. 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. A party may amend an appeal or other pleading upon leave of the State Board or by written consent of the other party. Requests to Shorten or Extend Time Requirements. Upon the written request of a party or on its own initiative, the State Board for good cause shown may shorten or extend the time limitations set forth in this chapter. The State Board may not extend the time limitations set forth in this chapter before an appeal is filed. The State Board may not extend the time period for filing an appeal from the decision of the local board or for filing an application for reconsideration of a State Board decision except in the case of fraud, lack of notice of the decision, or other extraordinary circumstances. Additional Evidence. If an appellant asks to present additional evidence on the issues in an appeal, and it is shown to the satisfaction of the State Board that the additional evidence is material and that there were good reasons for the failure to offer the evidence in the proceedings before the local board, the State Board may: Remand the appeal to the local board for the limited purpose of receiving the additional evidence upon conditions the State Board considers proper; or Receive the additional evidence. Representation of Parties. A party may be accompanied, represented, and advised by counsel at all stages of an appeal. A party, or counsel if a party is represented by counsel, shall be responsible for the: Filing and receipt of motions, memoranda, and responses; Submission of evidence, examination, and cross-examination of witnesses; Filing and receipt of exceptions, if applicable; and Oral argument, if applicable. In cases with multiple parties, the State Board may request the parties to select one or more lead appellants to file responses and documents on behalf of all appellants and to receive responses and documents on behalf of all appellants. Filing Motions, Memoranda, and Responses. Motions, memoranda, and responses shall be filed with the State Board with a written certification that copies were furnished to all other parties. Except as provided in §E(3), (4), and (5) of this regulation, responses to any motion or memorandum shall be filed within 15 days of the filing of the motion or memorandum, and any reply to the response shall be filed within 10 days of the date on which the response is filed. If the motion, memorandum, or response is provided to the opposing party by mail, 3 days shall be added to the prescribed period for filing a response or reply to the response. The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day that is not a Saturday, Sunday, or a State legal holiday. The State Board or its designee may modify the time schedule for the filing of motions, memoranda, and responses upon timely notice to all parties. Motions, memoranda, and responses shall be no longer than 15 pages, excluding attachments. The State Board may strike any motion, memoranda, response, or other submission that is outside of the briefing process or otherwise fails to comply with the requirements of this regulation. Counsel. The State Board may request the Office of the Attorney General to participate or provide legal advice in any appeal as counsel for the State Board. Lack of Notice. A party who alleges lack of timely notice in a local board or State Board proceeding must file an affidavit with the State Board affirming under oath that the notice at issue was not timely received, the facts that support that affirmation, and that the party was prejudiced as a result. Failure to submit an affidavit shall result in the State Board declining to consider the claim of lack of notice. If a party submits an affidavit under §G(1) of this regulation, the opposing party shall bear the burden of demonstrating by a preponderance of the evidence, in the form of affidavits and documents, that the correspondence was timely sent to the correct recipient at the correct address. If the State Board concludes that there is a dispute of fact concerning whether a party received timely notice, it may refer the case to the Office of Administrative Hearings for proposed findings of fact, conclusions of law, and a proposed decision on the question. At the rest of the State Board, a party shall submit hard copies of any documents that were filed in electronic format. A party submitting video evidence shall provide a transcribed copy of the video and, for a video that contains portions that are not relevant to the appeal, provide the time stamp location of the relevant portions of the video. 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. The rules set forth in this chapter apply to a petition for declaratory ruling, as appropriate. 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. A decision may be arbitrary or unreasonable if it is one or more of the following: It is contrary to sound educational policy; or A reasoning mind could not have reasonably reached the conclusion the local board or local superintendent reached. A decision may be illegal if it is one or more of the following: Unconstitutional; Exceeds the statutory authority or jurisdiction of the local board; Misconstrues the law; Results from an unlawful procedure; Is an abuse of discretionary powers; or Is affected by any other error of law. The appellant shall have the burden of proof by a preponderance of the evidence. State School Laws and Regulations. The State Board shall exercise its independent judgment on the record before it in the explanation and interpretation of the public school laws and State Board regulations. Certificated Employee Suspension or Dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland. The standard of review for certificated employee suspension and dismissal actions shall be de novo as defined in §F(2) of this regulation. The State Board shall exercise its independent judgment on the record before it in determining whether to sustain the suspension or dismissal of a certificated employee. The local board has the burden of proof by a preponderance of the evidence. The State Board, in its discretion, may modify a penalty. Student Suspension and Expulsion. The decision of a local board in a student suspension and expulsion matter shall be final pursuant to Education Article, §7-305(c), Annotated Code of Maryland. The State Board may not review the merits of a student suspension or expulsion, but shall accept an appeal if there are specific factual and legal allegations of one or more of the following: The local board has not followed State or local law, policies, or procedures; The local board has violated the due process rights of the student; or The local board has acted in an unconstitutional manner. The State Board may reverse or modify a student suspension and expulsion if the allegations set forth in §G(2) of this regulation are proven true or if the decision of a local board is otherwise illegal as defined in §C of this regulation. The appellant shall have the burden of proof by a preponderance of the evidence. Transfer to the Office of Administrative Hearings. The State Board shall transfer an appeal to the Office of Administrative Hearings for review by an administrative law judge under the following circumstances: An appeal of a school consolidation, school redistricting, or school closing pursuant to COMAR 13A.02.09; An appeal of a certificated employee suspension or dismissal pursuant to Education Article, §6-202, Annotated Code of Maryland; or An appeal upon review in which the State Board finds that there exists a genuine dispute of material fact. If a motion to dismiss is filed, the State Board may rule on the motion without first transferring the appeal to the Office of Administrative Hearings. Transcripts. Except as provided in §B(2) of this regulation, in an appeal of a suspension or dismissal of a certificated employee, the entire record of the proceedings before the local board shall be prepared and transcribed at the expense of the local board and shall be made a part of the record of the proceedings. Both parties may agree by way of written stipulation to omit from the record and transcript portions not relevant for consideration by the State Board. Additional Testimony or Documentary Evidence. Additional testimony or documentary evidence may be introduced by either party if the administrative law judge finds that the evidence is relevant and material and there were good reasons for the failure to offer the evidence in the proceedings before the local board, but evidence that is unduly repetitious of that already contained in the record may be excluded by an administrative law judge. Notwithstanding §C(1) of this regulation, the administrative law judge may permit repetitious testimony if credibility is an issue. Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02. The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties. Exceptions. A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision. A party may respond within 15 days of the date the exceptions were filed. As appropriate, each party shall append to the party’s exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party’s exceptions or response to exceptions. If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered. Oral argument before the State Board shall be limited to 10 minutes per side. The State Board at its sole discretion may shorten or lengthen the time period for oral argument. The rules set forth in Regulation .04D of this chapter apply to oral arguments on exceptions. The administrative law judge shall prepare an official record which shall include: Motions and pleadings; Documentary evidence; Exhibits; Memoranda or materials filed in the proceedings; and Items required in a contested case as set forth in the Administrative Procedure Act. The proceedings before the administrative law judge shall be transcribed at the expense of the party filing exceptions to the administrative law judge’s proposed decision. The party filing exceptions to the administrative law judge’s proposed decision shall file a copy of the transcript with the State Board, and the transcript shall be made a part of the record. Waiver of Transcription Costs. An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs with the State Board President. The request for waiver of costs shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant’s inability to pay. The State Board President shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers. If the State Board President is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Board President may waive the payment of cost, and the cost shall be paid by the State Board. A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity. The waiver process does not extend the deadline for filing exceptions to the administrative law judge’s proposed decision, but an appellant may amend the exceptions once the transcript is issued in order to provide copies of the pages of the transcript that support the argument as required by Regulation .07 of this chapter. The State Board shall make the final decision in all appeals. Except as otherwise provided in this chapter, the State Board shall decide an appeal on the record without a hearing or oral argument. 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. The final decision shall be in writing and contain a factual background, legal analysis, and conclusion. 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. Copies. 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. 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. 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. The party requesting the reconsideration shall send copies of the request to all other parties. A response to a request for reconsideration may be filed within 15 days of the date the request for reconsideration was filed. A decision on the request shall be made in the discretion of the State Board except that a decision may not be disturbed unless: The decision resulted from a mistake or error of law; or New facts material to the issues have been discovered or have occurred subsequent to the decision. The State Board may refuse to consider any evidence that the party could have introduced while the appeal was pending. The filing of a request for reconsideration does not stay the enforcement of the original decision. The State Board may, in its discretion, abrogate, change, or modify the original decision. Any party may appeal a decision to the circuit court of the jurisdiction in which the local board is located within 30 days of the date of the decision of the State Board. The appeal is governed by Maryland Rules 7-201—7-210 or 7-401—7-403, where appropriate. The State Board shall prepare and transmit the record in accordance with the time line set forth in the Maryland Rules of Procedure. Because the State Board has reviewed and rendered a decision made in the first instance by a local school system official or a local board, the State Board may not participate as a party in an appeal. Request to Issue Charges. A request to issue charges against a local board member may be filed with the State Board by the local board or by a resident of the county in which the school system is located, if removal by the State Board is permitted by the statute governing removal of members of that local board. Content of the Request. The request to issue charges shall: Set forth in a detailed affidavit, with all supporting documentation, the factual basis to support a statutory ground for removal; and Be signed with a statement submitting the affidavit under penalties of perjury by including the following language: “I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.” Grounds for removal are those set forth by the statute governing removal of members of that local board and may include: Misconduct in office; Immorality; Incompetency; Willful neglect of duty; or Failure to attend a required number of scheduled board meetings. Method of Submission. The request shall be filed with the State Board in the manner prescribed in Regulation .01B(5)(a) of this chapter. Repetitive, redundant, or duplicative submissions will not be accepted. The State Board may consolidate multiple requests for removal. Time of Submission. From the date the first request to issue charges was filed, the record shall remain open to file additional requests for 30 calendar days. The record shall close at the end of the 30-day period, unless the State Board extends that time period. Factual and Legal Sufficiency of the Request. The State Board shall assess the factual and legal sufficiency of the request to issue charges. In doing so, it shall notify the local board member of the request and may provide the local board member an opportunity to respond to the request to issue charges. A factually sufficient request shall: Be made by a person who has personal knowledge of the facts supporting the request and reason to believe in its truth; and State the act or acts complained of in concise language, with a detailed description of the date, location, and nature of each act. A legally sufficient request shall create a reasonable belief that the actions committed could constitute a ground for removal from office. The State Board shall dismiss a request that is not factually or legally sufficient, or otherwise fails to meet the requirements of this regulation. Issuance of Charges. If the State Board determines that the request to issue charges is factually and legally sufficient, it shall send a notice of the charges to the local board member who may file a request for a hearing within 10 days of the date the notice of charges was issued. Hearing. If a hearing is requested, the State Board shall transfer the case to the Office of Administrative Hearings to schedule and conduct the hearing and issue a proposed decision on whether or not the local board member should be removed from office. Parties at the Hearing. If a local board has requested removal, it shall present the case for removal at the hearing through counsel. If a resident has requested removal, the resident shall present the case for removal through counsel or pro se. The local board member shall present the case against removal through counsel or pro se. Proposed Decision. The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the proposed decision to the parties. Hearing Record and Transcript. The administrative law judge and the parties shall prepare a record and transcript as provided in Regulation .08 of this chapter. Exceptions and Oral Argument. A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision. A party may respond within 15 days of the date the exceptions were filed. As appropriate, each party shall append to the party’s exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party’s exceptions or response to exceptions. If exceptions are filed, each side shall have the opportunity for oral argument before the State Board before the State Board issues a final decision. Oral argument before the State Board shall be limited to 10 minutes per side. The State Board, upon request or at its sole discretion, may shorten or lengthen the time period for oral argument. : Education Article, §§2-205, 4-205, 6-202, and 7-305; State Government Article, §§10-122 and 10-201 et seq.; Annotated Code of Maryland Effective date: July 19, 2004 (31:14 Md. R. 1079) Regulation .02B amended effective May 28, 2012 (39:10 Md. R. 660) Regulation .07F amended effective November 26, 2012 (39:23 Md. R. 1532) Regulation .08 amended effective November 26, 2012 (39:23 Md. R. 1532) Chapter revised effective February 11, 2019 (46:3 Md. R. 107) Regulation .01B amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .02 amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .03A, D amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .04 amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .08 amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .10A amended effective December 25, 2023 (50:25 Md. R. 1088) Regulation .12B, C amended effective December 25, 2023 (50:25 Md. R. 1088) The purpose of this chapter is to establish as a matter of policy and priority that: Each Maryland public school will provide every student equitable access to the educational rigor, resources, and supports that are designed to maximize the student’s academic success and social/emotional well-being; Each local school system’s procedures and practices provide for educational equity and ensure that there are no obstacles to accessing educational opportunities for any student; and Achievement will improve for all Maryland students and achievement gaps will be eliminated. This chapter applies to all local school systems, the Maryland State Department of Education, and entities that provide educational services to children birth—age 21, including licensed childcare facilities and programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “Accountability measures” means those Maryland accountability framework indicators in place to guarantee oversight of opportunities, resources, and educational rigor that will lead to achievement for all students. “Educational equity” means that every student has access to the opportunities, resources, and educational rigor they need throughout their educational career to maximize academic success and social/emotional well-being and to view each student’s individual characteristics as valuable. “Educational opportunities” means all students have access to rigorous, well-rounded academic programs and experiences that enrich their educational career and prepare them for academic and career success. “Equity lens” means that for any program, practice, decision, or action, the impact on all students is addressed, with strategic focus on marginalized student groups. “Individual characteristics” means the characteristics of each individual student, which include but are not limited to: Ability (cognitive, social/emotional, and physical); Ethnicity; Family structure; Gender identity and expression; Language; National origin; Nationality; Race; Religion; Sexual orientation; and Socio-economic status. The Maryland State Department of Education shall establish systems of structure and support for school systems, students, teachers, and other stakeholders that ensure educational equity and excellence. Each local school system shall develop an educational equity policy and regulations, to be reviewed every 3 years, with the goal of providing educational equity to all students. The policy and regulations shall: Be designed to create and maintain environments that are equitable, fair, safe, diverse, and inclusive; Be based on the goal of providing educational equity for all students; Direct the identification and utilization of resources to provide equitable access to educational opportunities and services, by among other steps, the use of disaggregated student data to analyze trends and identify gaps and equitable solutions; Identify partnerships with the Maryland State Department of Education, local government agencies, and stakeholders to support educational equity; Provide tailored and differentiated professional learning to build capacity for cultural responsiveness to address areas of inequity identified by the school system; Ensure equitable access to effective teachers for all students; Require that an equity lens be used in all staff recruiting, hiring, retention, and promotion processes; Require that an equity lens be used in reviews of staff, curriculum, pedagogy, professional learning, instructional materials, and assessment design; Provide the access and opportunity for all students to successfully read on level by the end of grade 2; Direct that equity be addressed in the Local Every Student Succeeds Act (ESSA) Consolidated Strategic Plan; Identify the school system’s process for analyzing data to develop goals, objectives, strategies, and timelines for the implementation of equitable and culturally competent practices in each school; Identify the method of evaluation to measure the effect of equitable practices in the school system and schools; and Designate an individual responsible for the facilitation, monitoring, and implementation of the system equity initiatives within the Local ESSA Consolidated Strategic Plan. Each local school system shall: Address implementation of the equity policy through its Local ESSA Consolidated Strategic Plan; Beginning September 1, 2019, include its equity initiatives as an integrated component of its Local ESSA Consolidated Strategic Plan; and Beginning September 1, 2020, and every 3 years thereafter, in its Local ESSA Consolidated Strategic Plan, submit to the State Superintendent an analysis of the results of the accountability measures related to data collected on achieving equity goals and objectives that will be published and made accessible to the public. The Maryland State Department of Education shall: Conduct needs assessments for the Department and local school systems; Convene the Network for Equity and Excellence in Education with representation from each local school system and other stakeholders to review Statewide progress and to develop implementation and peer review guidelines for this chapter; Develop a guide for implementation of equity initiatives at the local level which includes sample components of high-quality equity policies, guidance around how to apply an equity lens within priority birth—age 21 focus areas as defined by the Department, and strategies on how to measure and evaluate the application of an equity lens; and Review and assess progress of the Department and local school systems on implementing the requirements of this chapter. Beginning December 1, 2020, and every 3 years thereafter, the State Superintendent shall report progress on the implementation of this chapter to the State Board, publish the data, and make it easily accessible for public viewing. Beginning in 2020 and annually thereafter, the State Board of Education and the Superintendent will recognize schools, school staff, and local school systems that demonstrate the most significant advances in promoting equity and excellence. Education Article, §2-205(c) and (h), Annotated Code of Maryland Effective date: November 18, 2019 (46:23 Md. R. 1066) This chapter implements Education Article, §§2-303(b) and 26-701 et seq., Annotated Code of Maryland, prohibiting unlawful discrimination and retaliation in education in Maryland public and nonpublic schools that receive State funds. This chapter applies to the following entities in Maryland: All county boards of education; All public prekindergarten programs; All public primary and secondary schools; All nonpublic prekindergarten programs that receive State funds; and All nonpublic primary or secondary schools that receive State funds. This chapter does not apply to: With respect to discrimination on the basis of sex, a prekindergarten program or school that limits admission to students of only one sex; With respect to discrimination on the basis of religion, a nonpublic prekindergarten program or nonpublic school that is affiliated with a religious institution: Providing instruction on the religious beliefs of the religion with which the program or school is affiliated; Declining to provide instruction in beliefs that are different from the religion with which the program or school is affiliated; Requiring student attendance at religious events inherent to the religion with which the program or school is affiliated; Having a preference in or limiting admission to a student of certain religious beliefs or a student who is a member or is part of a family that is a member of the religious institution affiliated with the program or school, if the program or school has had the preference or limitation continually since the date on which the program or school was established; or Granting tuition discounts for a student of certain religious beliefs or who is a member or is part of a family that is a member of the religious institution affiliated with the program or school if the practice of granting the discounts was established the later of before July 1, 2022, or since the date on which the program or school was established; and With respect to discrimination on the basis of disability, a nonpublic prekindergarten program or nonpublic school that is in compliance with §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq., or the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., as applicable. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “Complainant” means a person who files a complaint alleging a discriminatory act under this chapter. “Department” means the Maryland State Department of Education. “Discriminatory act” means an act prohibited under this chapter. “Gender identity” means the gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth, which may be demonstrated by: Consistent and uniform assertion of the person's gender identity; or Any other evidence that the gender identity is sincerely held as part of the person's core identity. “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. “Party” or “parties” means the complainant and the respondent. “Protective hairstyle” includes braids, twists, and locks. “Race” includes traits associated with race, including hair texture, afro hairstyles, and protective hairstyles. “Respondent” means a person accused in a complaint of a discriminatory act. “Sexual orientation” means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality. “Superintendent” means the State Superintendent of Schools. Educational entities have a responsibility to protect every student’s right to learn in an environment free from unlawful discrimination. Entities identified in Regulation .01B of this chapter may not: Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint. Entities identified in Regulation .01B(1) of this chapter shall adopt and maintain a written antidiscrimination policy that prohibits unlawful discrimination as described in §B of this regulation. Entities identified in Regulation .01B of this chapter shall include the following antidiscrimination statement in their student handbook: “It is the policy of the State of Maryland that all public and publicly funded schools and school programs operate in compliance with: Title VI of the federal Civil Rights Act of 1964; and Title 26, Subtitle 7 of the Education Article of the Maryland Code, which states that public and publicly funded schools and programs may not: Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.” A complainant alleging discrimination in violation of Education Article, §26-704, Annotated Code of Maryland, may file a complaint in writing with the Superintendent. A parent or guardian of a minor alleging discrimination may file a complaint on behalf of the minor. The complaint shall be delivered by regular mail or electronic mail to the Department. The complaint shall be in writing and include the following information: The complainant’s name, mailing address, email address, telephone number, and signature; The respondent’s name, mailing address, email address, and telephone number; The date of any alleged discriminatory acts; A statement of facts describing any discriminatory acts; A statement of the relief requested; and Any supporting documents, exhibits, and affidavits. The complaint shall be no longer than 15 pages, excluding attachments. Deadlines. A complaint shall be filed within 60 days from the later of the date of the last discriminatory act or when the complainant learned of the discrimination. A complaint shall be deemed to have been filed within the 60-day period if, before the expiration of the 60-day period, it has been: Delivered to the Department; or Deposited 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. Concurrent Jurisdiction with State Board. The State Board may stay action of an appeal filed pursuant to COMAR 13A.01.05 that also alleges discrimination in violation of Education Article, §26-701 et seq., Annotated Code of Maryland, pending a mediation agreement or final decision on a complaint filed under this chapter. The parties shall immediately provide to the State Board written notice of the mediation agreement or final decision. The provisions of this chapter do not extend any filing deadlines for any appeals filed with the State Board pursuant to COMAR 13A.01.05. Upon receiving a complaint, the Department shall provide written notice of the complaint to the program or school that is the subject of the complaint and, if applicable, the county board in which the program or school is located. Within 30 days of receipt of written notice of the complaint, the county board, program, or school shall submit a written response to the Superintendent setting out its position. The response shall contain the following information: A statement of facts relevant to the complaint; An argument on each allegation raised in the complaint, including citations of authority, reference to relevant legal principles, and reference to pages of documents and exhibits relied upon, if any; A statement of the relief requested; and Any supporting documents, exhibits, or affidavits. The Superintendent is authorized to enforce this chapter consistent with Education Article, §§2-303(b) and 26-701 et seq., Annotated Code of Maryland. Calculating Deadlines. The last day of the period of time prescribed by any regulation of this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday. Mediation. Within 5 days of receiving the response from the county board, program, or school, the Department shall contact the parties and determine if the parties are willing to attempt mediation of an agreement between the complainant and the respondent to remedy and eliminate the alleged discrimination. Mediation is a voluntary process for each of the parties. If the parties are agreeable to mediation of the complaint, the Department will refer the complaint to the Office of Administrative Hearings for mediation to be completed within 60 days of the filing of the complaint. Mediation procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01.18. If mediation is successful, the Superintendent shall issue a written statement to both parties of the mediation findings and agreement, including the timeline within which any agreed actions must be taken. If a mediation agreement is not reached within the 60-day time period, the parties shall give written notice to the Superintendent. Superintendent’s Decision. The Superintendent shall make a decision based on the filings with the Department unless additional information is requested by the Department from either of the parties. Before issuing a decision, the Superintendent may request the parties to present additional documents, answer any questions, or present oral argument. Within 120 days after the complaint is filed, the Superintendent shall issue a written decision, including: Findings of fact; Conclusions of law; and Notice of appeal rights, including any deadlines for filing an appeal. If the Superintendent finds that a county board, program, or school has violated Education Article, §26-704, Annotated Code of Maryland, the decision shall specify: Any actions required to remedy or eliminate the discrimination, including the timeline within which the actions must be taken; and Notification of how to reopen any complaint to remedy or eliminate the discrimination required by the Superintendent’s final decision. The Superintendent’s decision may require the Comptroller to withhold funding from the county board, program, or school in an amount to be determined by the Superintendent in accordance with Education Article, §2-303(b), Annotated Code of Maryland. If the Superintendent does not issue a decision within the 120-day time period, the complainant may appeal to the Office of Administrative Hearings as described in Regulation .07 of this chapter. Reopening Complaints. A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed in mediation or required by the Superintendent’s decision may reopen a complaint previously made without having to file a new complaint or engaging in mediation. If the Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required by the Superintendent’s decision, the Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the county board, program, or school in an amount determined by the Superintendent in accordance with Education Article, §2-303(b), Annotated Code of Maryland. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final administrative decision on the appeal of the Superintendent’s decision in a complaint brought under this chapter. Hearing Requests. Either party may appeal the Superintendent’s decision to the Office of Administrative Hearings by filing a request for hearing with the Department. The hearing request: Shall be filed within 10 days from the date notice of the Superintendent’s decision is sent to the party; or If the Superintendent does not issue a decision within the 120-day time period required by Regulation .06D(3) of this chapter, may be filed within 130 days after the complaint is filed. If the subject of the Superintendent’s decision is also before the State Board on an appeal filed pursuant to COMAR 13A.01.05 as described in Regulation .04H of this chapter, the party shall choose between: Filing a request for a hearing to appeal the Superintendent’s decision to the Office of Administrative Hearings and withdrawing the State Board appeal; or Pursuing the appeal before the State Board pursuant to COMAR 13A.01.05 and foregoing a hearing request to appeal the Superintendent’s decision. The hearing request shall state: The name and address of the parties and any representatives of the parties; and The date of the Superintendent’s decision. The Superintendent and the Department may not participate as a party in an appeal. The Department shall forward a hearing request to the Office of Administrative Hearings within 5 days of the filing date. Hearing Procedures. Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02. The party filing the appeal and request for a hearing shall have the burden of proof by a preponderance of the evidence. The appeal hearing shall be held in the county where the alleged discrimination occurred. The administrative law judge shall issue, by regular mail, a decision and order to the parties stating: Findings of fact; Conclusions of law; and If the administrative law judge finds that the respondent has violated Education Article, §26-704, Annotated Code of Maryland, a directive: To cease and desist from engaging in the discrimination; and To take any affirmative action necessary to effectuate the purposes of Education Article, §26-701 et seq., Annotated Code of Maryland. A decision by an administrative law judge of the Office of Administrative Hearings in an appeal under this chapter is the final administrative decision and may be appealed to the circuit court pursuant to State Government Article, §10-222, Annotated Code of Maryland. Education Article, §§2-303, 4-108, and 26-701 et seq.; State Government Article, §§10-122 and 10-201 et seq., Annotated Code of Maryland; Federal Statutory References: 29 U.S.C. §794 et seq. and 42 U.S.C. §12101 et seq. Effective date: December 25, 2023 (50:25 Md. R. 1089) This chapter sets out procedures under the Public Information Act for filing and processing requests sent to the State Department of Education for the inspection and copying of public records of the Department. It is the policy of the State Department of Education to facilitate access to the public records of the Department, if access is allowed by law, by minimizing costs and time delays to applicants. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland. “Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland. “Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Department” means the State Department of Education. “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland. “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland. “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland. “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act. “Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland. “Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland. “Working day” means a day other than a Saturday, Sunday, State holiday, or other day on which the Department is not open for official business. Unless otherwise provided by law, the State Superintendent is the official custodian of the public records of the Department. Any person may request to inspect or copy public records of the Department. Inspection. Except as otherwise provided in this chapter, the custodian shall make public records of the Department available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that: The Act or any other law may prohibit the disclosure of one or more public records to the applicant; or A written request will materially assist the Office in responding. Copies. If the applicant requests a copy of any public record of the Department, the custodian may require a written request. A written request shall: Contain the applicant's contact information; and Reasonably identify, by brief description, the public record sought. A request to inspect or copy a public record shall be addressed to the custodian of the record or to the Department’s representative for public records requests as designated under General Provisions Article, §4-503, Annotated Code of Maryland. If the custodian is unknown, the request may alternatively be addressed to the State Superintendent. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection: Immediately; or If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request: The amount of time that the custodian anticipates it will take to produce the public record; An estimate of the range of fees that may be charged to comply with the request for public records; and The reason why it will take more than 10 working days to produce the records. If the custodian decides to deny a request for inspection, the custodian shall: Deny the request promptly and not more than 30 days after the request, except as otherwise provided by law; and Immediately notify the applicant of the denial. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives: The reason or reasons for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of: Why the denial is necessary, that is, why disclosure of the public record would be contrary to the public interest; and Why redacting information would not address the reasons for the denial; The legal authority for the denial; Without disclosing the protected information, a brief description of the undisclosed record or records that will enable the applicant to assess the applicability of the legal authority for the denial; and Notice of the remedies available for review of the denial. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant: That the person does not have custody or control of the requested public record; and If the person knows: The name of the custodian of the public record; and The location or possible location of the public record. Any time limit imposed by §§A—C of this regulation may be extended: With the consent of the applicant, for an additional period of up to 30 days; and For the period of time during which a dispute is pending before the Public Access Ombudsman, as permitted by General Provisions Article, §4-203(d)(2), Annotated Code of Maryland. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Department to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: The public record is in a searchable and analyzable electronic format; The applicant requests a copy of the public record in a searchable and analyzable electronic format; and The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if: Requested by the applicant; and The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data. The custodian is not required to: Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained; or Create, compile, or program a new public record. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by: Using a software program or function; or Converting the electronic record into a different searchable and analyzable format. If the person to whom application is made knows that a requested public record of the Department has been destroyed or lost, the person shall promptly: Notify the applicant that the public record is not available; and Explain the reasons why the public record cannot be produced. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362(a)(1), Annotated Code of Maryland, without pursuing the remedies set forth in General Provisions Article, Title 4, Subtitles 1A and 1B, Annotated Code of Maryland. Denial Pending Court Order. If, in the opinion of the State Superintendent, disclosure of a public record of the Department otherwise subject to disclosure under the Act would do substantial injury to the public interest, the State Superintendent may temporarily deny the request and seek a court order allowing continued nondisclosure. A temporary denial shall be in writing. Circuit Court Review. Within 10 working days after the denial, the State Superintendent shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the State Superintendent’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Department is as follows: For each copy made by a standard printer or photocopying machine within the Department, 25 cents per page; For each copy made other than by a standard printer or photocopying machine within the Department, the actual cost of reproduction; and For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item. Minimum Fee. A charge may not be made if the total fee is $1 or less. If the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee. If the custodian cannot copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall: Collect from the applicant a fee to cover the actual cost of reproduction; or Direct the applicant to pay the cost of reproduction directly to the facility making the copy. If the custodian intends to charge a fee, before copying a public record of the Department or otherwise disclosing public records to the applicant, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and may either: Obtain the agreement of the applicant to pay the cost; or Require prepayment of all or a portion of the cost. Search and Preparation Fee. Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Department spends to: Search for requested public records; Review requested public records for potential disclosure; and Prepare public records for inspection and copying. The custodian shall determine the fee under §F(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying. The custodian may not charge a fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection. Waiver or Reduction of Fee. The custodian may waive or reduce any fee under this regulation if: The applicant requests a waiver; and The custodian determines that: The waiver or reduction is in the public interest; or The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency. In determining whether a fee waiver is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery. An applicant may inspect any public record of the Department that the applicant is entitled to inspect during the normal working hours of the Department, subject to the ability of the custodian, if a record is not immediately available for inspection, to schedule a mutually agreeable date within a reasonable amount of time that comports with any applicable deadlines under the Act. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s expressed wish, determines that another place is more suitable and convenient. General Provisions Article, §§4-101—4-601, Annotated Code of Maryland; Effective date: July 24, 2023 (50:14 Md. R. 594) This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the State Department of Education. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Department” means the State Department of Education. “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland. “Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland. A person in interest may request that the Department correct or amend any public record that: The Department keeps; and The person in interest is authorized to inspect. A person in interest shall make a request to correct or amend a public record in writing. The request shall: Identify the public record to be corrected or amended; State the precise correction or amendment requested; State the reason for the correction or amendment; and Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete. Any person may request to inspect or copy public records of the Department. The Department shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with: An explanation of the reason for the return; and A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted. A written request shall: Contain the applicant's contact information; and Reasonably identify, by brief description, the public record sought. If the Department refuses to make a requested correction or amendment, a person in interest may file with the Department a concise statement of the reasons for: The requested correction or amendment; and The person’s disagreement with the refusal of the Department to make the correction or amendment. The statement submitted under Regulation .08 of this chapter shall: Be on pages not larger than 8-1/2 by 11 inches; Use only one side of each page; and If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party. A person may request administrative review under this regulation if the Department: Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter; Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter. A request for review shall be filed with the State Superintendent within 30 days after the requester is advised of the Department’s action. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. General Provisions Article, §4-502, Annotated Code of Maryland; Effective date: July 24, 2023 (50:14 Md. R. 594) The purpose of this chapter is to establish as a matter of policy and priority that parents, guardians, and caregivers are provided with a meaningful opportunity to participate in and have access to programs and services critical to their child’s education, regardless of their dominant language. This chapter applies to all local school systems. In this chapter, the following terms have the meanings indicated. Terms Defined. “Covered languages” means the most common dominant languages other than English spoken by persons living in the county in which the local school system is located. “Interpretation” means the process of converting a spoken language from one language to another in a way that is culturally and linguistically appropriate, while preserving the original meaning. “Language access plan” means a document that describes how the local school system will provide services to individuals whose dominant language is not English. “Translation” means the process of converting text from one language to another while preserving the original meaning. Each local school system shall: Develop and implement a language access plan to: Determine the covered languages for which language services will be provided; Establish a process to identify, translate, and disseminate documents containing critical information regarding students’ education; Establish a process to provide interpretation services for meetings and communication with parents and guardians; Establish a plan to provide language access for families whose dominant language is not a covered language; and Provide regular training sessions for translators, interpreters, school staff, and administrators; Establish a process for users of language access services to provide feedback on the implementation of the language access plan; Track and report on the effectiveness of their language access services; Develop annual goals to improve the effectiveness of language access services; Review and revise their language access plan every two years; and Update covered languages annually. Education Article §2-205, Annotated Code of Maryland; Federal Statutory Reference: 42 U.S.C. § 2000d Effective date: September 15, 2025 (52:18 Md. R. 924)