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13a.07.14.00.htm 13A.07.14.00. Title 13A STATE BOARD OF EDUCATION Subtitle 07 SCHOOL PERSONNEL Chapter 14 Child Sexual Abuse and Sexual Misconduct History Authority: Education Article, §2-205(c) and 6-113.2, Annotated Code of Maryland
13a.07.14.01.htm 13A.07.14.01. 01 Scope.. This chapter establishes the general provisions to comply with the child sexual abuse and sexual misconduct background history review established by Education Article, §6-113.2, Annotated Code of Maryland. Included in the chapter are definitions, reporting violations of the general provisions, penalties for entities that fail to comply with the provisions, and the establishment of an appeals process.
13a.07.14.02.htm 13A.07.14.02. 02 Definitions.. A. In this subtitle, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Child sexual abuse” means an act by an adult involving a minor or a student that constitutes a sexual offense under the laws of the State, or any sexual contact between an adult and a minor.2) “Current or former employer” means a county board, nonpublic school, or any other entity through which an individual had direct contact with minors.
13a.07.14.03.htm 13A.07.14.03. 03 General Provisions.. A. 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 prior to hiring that individual for a position involving direct contact with minors.B. Current and former employers shall complete and return the employment history review form to a pr
13a.07.14.04.htm 13A.07.14.04. 04 Reporting Violations.. A. Except as provided in §D of this regulation, a prospective employer shall report to the Department if a current or former employer does not complete and return the employment history review form within 20 days of its receipt.B. The prospective employer shall make the report immediately to the Department using a form specified by the Department.C. The report shall include:. 1) The name, address, phone number, fax number, and email address for the c
13a.07.14.05.htm 13A.07.14.05. 05 Penalties.. A. Subject to §B―D of this regulation, the Department may impose a fine against any current or former employer that does not provide the information required by the employment history review form within 20 days of its receipt.B. Prior to imposing a fine, the Department shall send a warning letter to the current or former employer that explains:1) The requirements of the law; and. 2) How the current or former employer failed to comply with the law..
13a.07.14.06.htm 13A.07.14.06. 06 Appeal.. A. A current or former employer may appeal a fine in writing to the State Superintendent of Schools within 15 days of the Department imposing the fine.B. The appeal shall include the reasons for taking the appeal, along with any supporting documentation.C. The State Superintendent of Schools shall forward the appeal to the Office of Administrative Hearings for a proposed decision, including findings of fact and conclusions of law.D. An employer or the Dep
13a.07.14.9999.htm 13A.07.14.9999. Administrative History Effective date: September 21, 2020 (47:19 Md. R. 850).
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