<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 13A.07.14.03" title_num="13A" subtitle_num="07" chapter_num="14" heading="General Provisions.">
  <paragraph num="A.">
    <text>Employer Requirements for Employment History Review.</text>
    <paragraph num="(1)">
      <text>A county board, nonpublic school, or contracting agency shall follow the requirements of Education Article, §6-113.2, Annotated Code of Maryland, to obtain information on an applicant’s child sexual abuse and sexual misconduct history from current and former employers before hiring that individual for a position involving direct contact with minors.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Current employers, former school employers, and former employers where the applicant had direct contact with minors within the last 10 years shall complete and return the employment history review form to a prospective employer within 20 days of receiving the employment history review form.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Employers shall provide the information required by Education Article, §6-113.2, Annotated Code of Maryland, unless an exception provided for in the law does not require disclosure of the information.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Applicant Requirements for Employment History Review.</text>
    <paragraph num="(1)">
      <text>An applicant for a position involving direct contact with minors shall submit to a county board, nonpublic school, or contracting agency both the contact information and a signed written consent form authorizing the release of all records relating to child sexual abuse or sexual misconduct from the following employers:</text>
      <paragraph num="(a)">
        <text>The current employer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All former school employers, including employers for which the applicant was an emergent employee; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Former employers where the applicant had direct contact with minors within the last 10 years.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant for a position involving direct contact with minors shall also submit to a county board, nonpublic school, or contracting agency a written statement of whether the applicant:</text>
      <paragraph num="(a)">
        <text>Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:</text>
        <paragraph num="(i)">
          <text>The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to either State law or the policies of the county board or nonpublic school;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>While allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct, has ever:</text>
        <paragraph num="(i)">
          <text>Been disciplined, discharged, nonrenewed, asked to resign, or otherwise separated from any employment; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Had a license, professional license, or certificate suspended, surrendered, or revoked.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Sharing Employment History Reviews.</text>
    <paragraph num="(1)">
      <text>A county board or nonpublic school may:</text>
      <paragraph num="(a)">
        <text>Share an employment history review with other county boards and nonpublic schools; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Use an employment history review completed by a current or former employer that is a county board or nonpublic school if the applicant swears or affirms that the completed employment history review includes all prior employment required to be reported and provides information about any subsequent employment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A contracting agency may:</text>
      <paragraph num="(a)">
        <text>Share an employment history review with other contracting agencies; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Use an employment history review completed by a current or former employer that is a contracting agency if the applicant swears or affirms that the completed employment history review includes all prior employment required to be reported and provides information about any subsequent employment.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Emergent Employees.</text>
    <paragraph num="(1)">
      <text>Applicants may be hired by a county board or nonpublic school as emergent employees for a period not to exceed 60 days pending the employment history review if:</text>
      <paragraph num="(a)">
        <text>The applicant has provided all required information and supporting documentation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An employer has no knowledge of information that would disqualify the applicant from employment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The applicant swears or affirms that the applicant is not disqualified from employment; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The applicant is not authorized to work alone with minors unless the applicant:</text>
        <paragraph num="(i)">
          <text>Works in the immediate vicinity of a permanent employee; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Is a school vehicle driver subject to audio and video monitoring and recording that is promptly reviewed by school administrators.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The county board or nonpublic school may rescind the offer of employment or complete the hiring process at any time within 60 days of hiring the applicant as an emergent employee.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A county board’s decision to dismiss an applicant hired as an emergent employee for any reason other than child sexual abuse or sexual misconduct may be appealed within 60 days of hiring in accordance with:</text>
      <paragraph num="(a)">
        <text>Education Article, §4-205, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Education Article, §6-202, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The collective bargaining agreement applicable to the emergent employee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>