Md. Code Regs. 13A.01.07.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.01.07.01 - Scope

A. This chapter implements Education Article, §§ 2-303(b) and 26-701 et seq., Annotated Code of Maryland, prohibiting unlawful discrimination and retaliation in education in Maryland public and nonpublic schools that receive State funds.

B. This chapter applies to the following entities in Maryland:

(1) All county boards of education;

(2) All public prekindergarten programs;

(3) All public primary and secondary schools;

(4) All nonpublic prekindergarten programs that receive State funds; and

(5) All nonpublic primary or secondary schools that receive State funds.

C. This chapter does not apply to:

(1) With respect to discrimination on the basis of sex, a prekindergarten program or school that limits admission to students of only one sex;

(2) With respect to discrimination on the basis of religion, a nonpublic prekindergarten program or nonpublic school that is affiliated with a religious institution:

(a) Providing instruction on the religious beliefs of the religion with which the program or school is affiliated;

(b) Declining to provide instruction in beliefs that are different from the religion with which the program or school is affiliated;

(c) Requiring student attendance at religious events inherent to the religion with which the program or school is affiliated;

(d) Having a preference in or limiting admission to a student of certain religious beliefs or a student who is a member or is part of a family that is a member of the religious institution affiliated with the program or school, if the program or school has had the preference or limitation continually since the date on which the program or school was established; or

(e) Granting tuition discounts for a student of certain religious beliefs or who is a member or is part of a family that is a member of the religious institution affiliated with the program or school if the practice of granting the discounts was established the later of before July 1, 2022, or since the date on which the program or school was established; and

(3) With respect to discrimination on the basis of disability, a nonpublic prekindergarten program or nonpublic school that is in compliance with §504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as applicable.

Md. Code Regs. 13A.01.07.01

Regulation .01 adopted effective 50:25 Md. R. 1089, eff. 12/25/2023