Md. Code Regs. 13A.01.07.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.01.07.04 - Complaints

A. A complainant alleging discrimination in violation of Education Article, § 26-704, Annotated Code of Maryland, may file a complaint in writing with the Superintendent.

B. A parent or guardian of a minor alleging discrimination may file a complaint on behalf of the minor.

C. The complaint shall be delivered by regular mail or electronic mail to the Department.

D. The complaint shall be in writing and include the following information:

(1) The complainant's name, mailing address, email address, telephone number, and signature;

(2) The respondent's name, mailing address, email address, and telephone number;

(3) The date of any alleged discriminatory acts;

(4) A statement of facts describing any discriminatory acts;

(5) A statement of the relief requested; and

(6) Any supporting documents, exhibits, and affidavits.

E. The complaint shall be no longer than 15 pages, excluding attachments.

F. Deadlines.

(1) A complaint shall be filed within 60 days from the later of the date of the last discriminatory act or when the complainant learned of the discrimination.

(2) A complaint shall be deemed to have been filed within the 60-day period if, before the expiration of the 60-day period, it has been:

(a) Delivered to the Department; or

(b) Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin.

G. Concurrent Jurisdiction with State Board.

(1) The State Board may stay action of an appeal filed pursuant to COMAR 13A.01.05 that also alleges discrimination in violation of Education Article, § 26-701 et seq., Annotated Code of Maryland, pending a mediation agreement or final decision on a complaint filed under this chapter.

(2) The parties shall immediately provide to the State Board written notice of the mediation agreement or final decision.

(3) The provisions of this chapter do not extend any filing deadlines for any appeals filed with the State Board pursuant to COMAR 13A.01.05.

Md. Code Regs. 13A.01.07.04

Regulation .04 adopted effective 50:25 Md. R. 1089, eff. 12/25/2023