Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as provided in Regulation .02B(2) of this chapter, the following individuals shall notify the State Superintendent of Schools in writing of charges against a license holder or applicant under Regulation .02 of this chapter:
(1) The local superintendent of schools or a state agency employer if the:
(a) Individual is currently employed or was employed by the local school system or state agency employer when the conduct occurred; or
(b) Conduct is reported to the local school system in a criminal background investigation required under Family Law Article, §§5-560-5-568, Annotated Code of Maryland;
(2) The administrator of a nonpublic school if the:
(a) Individual is currently employed or was employed by the nonpublic school when the conduct occurred; or
(b) Conduct is reported to the nonpublic school in a criminal background investigation required under Family Law Article, §§5-560-5-568, Annotated Code of Maryland; or
(3) The Assistant State Superintendent of Educator Licensure and Program Approval, or the superintendent's designee.
B. The written report shall include all of the following:
(1) Name and current or last known address, e-mail, and phone number of the individual against whom the charges are being filed;
(2) Type of license or licenses held by the individual against whom the charges are being filed;
(3) Specific grounds as set forth in Regulation .02 of this chapter and the specifications that support the grounds for either suspension or revocation;
(4) Confirmation that the employee has foregone an appeal or exhausted appeal rights if any employment-related discipline was issued; and
(5) A recommendation on the type of disciplinary action that should be issued, including the following considerations:
(a) The parties may agree to a joint recommendation to the State Superintendent of Schools on the resolution of the case;
(b) The joint recommendation is not binding; and
(c) The State Superintendent of Schools may accept or reject the recommendation, as follows:
(i) Where the State Superintendent of Schools rejects the recommendation of the reporter under §A of this regulation, the State Superintendent shall recommend the appropriate disciplinary action; and
(ii) The reporter under §A of this regulation shall adopt the State Superintendent's recommendation in all proceedings related to the licensing action.
C. The State Superintendent of Schools shall deny, suspend, or revoke a license after written notification by a local superintendent of schools, an administrator of a nonpublic school, or the Assistant Superintendent of Educator Licensure and Program Approval, of the charges against the license holder.
D. Before denying, suspending or revoking a license, the State Superintendent of Schools shall:
(1) Send the applicant or license holder written notice of the charges; and
(2) Advise the applicant or license holder of the right to request a hearing within 30 calendar days of the date of the written notice.
E. The State Superintendent of Schools shall e-mail and mail one copy of the written notice and the procedures applicable to the suspension or revocation of a license by certified mail to the current or last known address of the license holder.
F. The license holder against whom charges have been filed may request a hearing in writing within 30 calendar days of the date of the written notice.
G. If the license holder does not request a hearing in writing on the charges within the 30-day period set forth in §D(2) of this regulation, the State Superintendent of Schools shall suspend or revoke the license.
H. Voluntary Surrender.
(1) An educator who is under investigation or facing charges for a cause listed in Regulations .02C and D of this chapter may voluntarily surrender his or her license.
(2) The State Superintendent of Schools shall treat a license that is voluntarily surrendered as a revocation, and it may not be reinstated except as described in Regulation .09 of this chapter.
I. Placing an Alert on an Educator's Record.
(1) The Department may place an alert on a licensure record on the request of a local school system, nonpublic school, state agency, or on its own accord, if an educator:
(a) Has had action taken on a license by another state; or
(b) Is facing the suspension or revocation of a license after being informed of charges by the State Superintendent of Schools.
(2) An alert does not affect the validity of an educator's license.
(3) The local school system, nonpublic school, or state agency shall immediately inform the Department if grounds no longer exist to suspend, deny, or revoke an educator's license.
(4) The Department shall immediately remove the alert from an educator's record if it becomes aware that grounds no longer exist to deny, suspend or revoke an educator's license.
J. Action on an Expired License. The Department may take action against an educator's license even if the license has expired as long as the basis for the action occurred while the license was active.
K. Denial.
(1) The Department shall deny a license, permanently or for a fixed period of time, to an individual who does not currently hold a license and has committed a cause listed under Regulations .02C of this chapter.
(2) The Department shall deny a license permanently to an individual who does not currently hold a license and has committed a cause listed under Regulations .02D of this chapter.
(3) An individual who has been denied a license may appeal the decision through the process outlined in Regulations .03-.07 of this chapter.
(4) An individual under investigation for a cause under .02 of this chapter shall remain ineligible for a license pending the result of the investigation.
(5) Denial Because of a Failure to Pay Child Support.
(a) An individual whose failure to pay child support meets the criteria for denial of a professional license under Family Law Article, §
10-119.3, Annotated Code of Maryland, following written notification to the State Superintendent of Schools by the Department of Human Services, Child Support Enforcement Administration, is ineligible for a license.
(b) Before denial of a license, the State Superintendent shall send written notice to the individual, including the right to contest the identity of the individual whose license the Superintendent seeks to deny.
(c) An individual may appeal the decision to deny a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the issue is limited to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was denied.
(d) The State Superintendent shall immediately withdraw the denial of an application for a license if notified by the Department of Human Services, Child Support Enforcement Administration, that the individual is eligible for a professional license and the individual otherwise qualifies for a license.
