Md. Code Regs. 13A.09.10.05 - Procedures and Sanctions for Noncompliance

A. If a school has serious areas of noncompliance or demonstrates a pattern of noncompliance with the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based, the Department may place the school on intensive monitoring, which shall include referral to the Department's Division of Special Education /Early Intervention Services for cessation of the State share of nonpublic tuition assistance under Education Article, § 8-406, Annotated Code of Maryland, if appropriate, and may include:

(1) Announced and unannounced site visits;

(2) Monitoring at the Department; or

(3) Requests for documentation pertaining to requirements under this chapter.

B. Procedures on Finding of Deficiencies.

(1) Following placement on intensive monitoring, if a school continues to fail to meet the conditions or standards on which its Certificate of Approval or Letter of Tentative Approval was based, the State Board shall give the legal authority written notice of the deficiencies and order the legal authority to correct the deficiencies of the school within a period of not less than 30 calendar days.

(2) A legal authority may request a hearing to challenge the notice of deficiencies if the legal authority files a written request with the State Board within 20 calendar days of receipt of the notice.

(3) If a legal authority requests a hearing, the legal authority and the Department 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 15 minutes per side.

(4) If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with Regulation .05E of this chapter.

(5) Following a hearing, if the State Board finds that the conditions or standards on which the Certificate of Approval or Letter of Tentative Approval was based are not met, the State Board may issue an order to the legal authority to cease operating the educational program.

(6) If a legal authority does not request a hearing and fails to correct the specified deficiencies of the school within the period set by the State Board, the State Board may issue an order to the legal authority to cease operating the educational program.

C. Revocation of Certificate of Approval or Letter of Tentative Approval.

(1) The State Board shall revoke the Certificate of Approval or Letter of Tentative Approval of a nonpublic school that knowingly hires or retains an individual in violation of Education Article, § 2-206.1, Annotated Code of Maryland.

(2) Before revoking a school's Certificate of Approval or Letter of Tentative Approval, the State Board shall notify the legal authority of the charges and advise the legal authority of the right to request a hearing within 20 calendar days following receipt of the charges.

(3) If the legal authority does not request a hearing, the State Board shall issue an order to the legal authority to cease operating the educational program.

(4) If the legal authority requests a hearing before the State Board, the legal authority shall include the reasons for the request and any evidence that supports them.

(5) The legal authority and the Department 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 15 minutes per side.

(6) If the State Board reviews an appeal request, or hears oral argument, and finds that a genuine dispute of material fact exists, the State Board shall promptly refer the case to the Office of Administrative Hearings for proceedings in accordance with §D of this regulation.

D. Hearing Procedures.

(1) The hearing procedures for appeals referred by the State Board to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §§ 10-201 -10-226, Annotated Code of Maryland, and with COMAR 28.02.

(2) The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23C.

(3) 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.

(4) A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 10 calendar days of receipt of the findings. A party may respond to the exceptions within 10 calendar days of receipt of the exceptions.

(5) 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 15 minutes per side.

(6) The State Board shall make the final decision in all cases dealing with the revocation of a Certificate of Approval or Letter of Tentative Approval. The final decision shall be in writing and contain findings of fact and conclusions of law.

E. A school has the right to judicial review of a State Board determination under this regulation as provided by the Administrative Procedure Act, State Government Article, § 10-222, Annotated Code of Maryland.

Notes

Md. Code Regs. 13A.09.10.05

Regulations .05C, H amended effective January 15, 1989 (15:27 Md. R. 3137)
Regulations .05, Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities, adopted effective March 29, 1993 (20:6 Md. R. 582)
Regulations .05, repealed and new Regulations .05 adopted effective September 3, 2001 (28:17 Md. R. 1558)
Regulations .05 adopted effective August 29, 2005 (32:17 Md. R. 1439)
Regulation .05 amended effective December 1, 2008 (35:24 Md. R. 2079)