Md. Code Regs. 13A.07.14.03 - General Provisions

A. Employer Requirements for Employment History Review.

(1) 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.

(2) 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.

(3) 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.

B. Applicant Requirements for Employment History Review.

(1) 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:

(a) The current employer;

(b) All former school employers; and

(c) Former employers where the applicant had direct contact with minors within the last 10 years.

(2) 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:

(a) 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:

(i) 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;

(ii) An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;

(iii) 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;

(iv) A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or

(v) A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out; or

(b) 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:

(i) Been disciplined, discharged, nonrenewed, asked to resign, or otherwise separated from any employment; or

(ii) Had a license, professional license, or certificate suspended, surrendered, or revoked.

C. Sharing Employment History Reviews.

(1) A county board or nonpublic school may:

(a) Share an employment history review with other county boards and nonpublic schools; and

(b) 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.

(2) A contracting agency may:

(a) Share an employment history review with other contracting agencies; and

(b) 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.

D. Emergent Employees.

(1) 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:

(a) The applicant has provided all required information and supporting documentation;

(b) An employer has no knowledge of information that would disqualify the applicant from employment;

(c) The applicant swears or affirms that the applicant is not disqualified from employment; and

(d) The applicant is not authorized to work alone with minors unless the applicant:

(i) Works in the immediate vicinity of a permanent employee; or

(ii) Is a school vehicle driver subject to audio and video monitoring and recording that is promptly reviewed by school administrators.

(2) 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.

(3) 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:

(a) Education Article, § 4-205, Annotated Code of Maryland;

(b) Education Article, § 6-202, Annotated Code of Maryland; or

(c) The collective bargaining agreement applicable to the emergent employee.

Notes

Md. Code Regs. 13A.07.14.03

Regulation .03 adopted effective 47:19 Md. R. 850, eff. 9/21/2020; amended effective 49:4 Md. R. 301, eff. 2/21/2022