<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 13B.08.22.12" title_num="13B" subtitle_num="08" chapter_num="22" heading="Service Obligation Requirements.">
  <paragraph num="A.">
    <text>Allowable Employment.</text>
    <paragraph num="(1)">
      <text>Generally. Except as set forth in §B(2) of this regulation, the service obligation requirement in Regulation .11A of this chapter shall be fulfilled by employment of at least 35 hours a week as a teacher at:</text>
      <paragraph num="(a)">
        <text>A public school in the State that has at least 50 percent of its students eligible for free or reduced price meals; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A public prekindergarten program in the State that has at least 50 percent of its students eligible for free or reduced price meals.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Employment Unavailable.</text>
      <paragraph num="(a)">
        <text>If, after aggressively seeking employment for a position that meets the requirements set forth in §A(1) of this regulation, a recipient is unable to perform the service requirement in this section because there are no available positions that meet these requirements, the service obligation may take place in any public school or public prekindergarten program in the State.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A recipient described in §A(2)(a) of this regulation shall provide to the Office documentation that provides sufficient evidence, as determined by the Office, that there are no available positions that meet the requirements of §A(1) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The service obligation requirement may not be fulfilled by:</text>
      <paragraph num="(a)">
        <text>Employment as a teaching assistant;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Volunteer service; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A fellowship or internship.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Duration.</text>
    <paragraph num="(1)">
      <text>Undergraduate Students. For each year a recipient receives a scholarship for an undergraduate program, the recipient shall perform the service obligation for 1 year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Graduate Students. A recipient who receives a scholarship for a graduate program shall perform the service obligation for at least 2 years.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Deferment.</text>
    <paragraph num="(1)">
      <text>A recipient may request that the service obligation be deferred during the time the recipient is:</text>
      <paragraph num="(a)">
        <text>Enrolled full-time or part-time in a graduate certificate or degree program in Education in the State;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On a temporary leave of absence of less than 12 months from an allowable employer under this regulation, approved by the employer;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation, for a period not to exceed 3 years;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Unable to maintain employment because the recipient must care for a spouse or child who is disabled, for a period not to exceed 12 months;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Married to a spouse assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A recipient’s deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:</text>
      <paragraph num="(a)">
        <text>Certification by an institute in the State that the recipient is enrolled in a full-time or part-time graduate certificate or degree program in Education;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Certification by the employer that the recipient is on a temporary approved leave of absence;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because the recipient must care for a spouse or child who is disabled; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A copy of military orders.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Office shall review all documentation, determine if the deferment conditions have been met, and, if so, determine the deferment period.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Decisions of the Office regarding deferment are final and not subject to further review or appeal.</text>
    </paragraph>
  </paragraph>
</regulation>