Md. Code Regs. 13A.01.07.06

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

Section 13A.01.07.06 - Department Response

A. The Superintendent is authorized to enforce this chapter consistent with Education Article, §§ 2-303(b) and 26-701 et seq., Annotated Code of Maryland.

B. Calculating Deadlines. The last day of the period of time prescribed by any regulation of this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day which is not a Saturday, Sunday, or State legal holiday.

C. Mediation.

(1) Within 5 days of receiving the response from the county board, program, or school, the Department shall contact the parties and determine if the parties are willing to attempt mediation of an agreement between the complainant and the respondent to remedy and eliminate the alleged discrimination.

(2) Mediation is a voluntary process for each of the parties.

(3) If the parties are agreeable to mediation of the complaint, the Department will refer the complaint to the Office of Administrative Hearings for mediation to be completed within 60 days of the filing of the complaint.

(4) Mediation procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01.18.

(5) If mediation is successful, the Superintendent shall issue a written statement to both parties of the mediation findings and agreement, including the timeline within which any agreed actions must be taken.

(6) If a mediation agreement is not reached within the 60-day time period, the parties shall give written notice to the Superintendent.

D. Superintendent's Decision.

(1) The Superintendent shall make a decision based on the filings with the Department unless additional information is requested by the Department from either of the parties.

(2) Before issuing a decision, the Superintendent may request the parties to present additional documents, answer any questions, or present oral argument.

(3) Within 120 days after the complaint is filed, the Superintendent shall issue a written decision, including:

(a) Findings of fact;

(b) Conclusions of law; and

(c) Notice of appeal rights, including any deadlines for filing an appeal.

(4) If the Superintendent finds that a county board, program, or school has violated Education Article, § 26-704, Annotated Code of Maryland, the decision shall specify:

(a) Any actions required to remedy or eliminate the discrimination, including the timeline within which the actions must be taken; and

(b) Notification of how to reopen any complaint to remedy or eliminate the discrimination required by the Superintendent's final decision.

(5) The Superintendent's decision may require the Comptroller to withhold funding from the county board, program, or school in an amount to be determined by the Superintendent in accordance with Education Article, § 2-303(b), Annotated Code of Maryland.

(6) If the Superintendent does not issue a decision within the 120-day time period, the complainant may appeal to the Office of Administrative Hearings as described in Regulation .07 of this chapter.

E. Reopening Complaints.

(1) A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed in mediation or required by the Superintendent's decision may reopen a complaint previously made without having to file a new complaint or engaging in mediation.

(2) If the Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required by the Superintendent's decision, the Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the county board, program, or school in an amount determined by the Superintendent in accordance with Education Article, § 2-303(b), Annotated Code of Maryland.

Md. Code Regs. 13A.01.07.06

Regulation .06 adopted effective 50:25 Md. R. 1089, eff. 12/25/2023