Md. Code Regs. 13A.07.06.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.07.06.11 - State Program Renewal, Oversight, and Revocation

A. Program Review.

(1) The Department shall review programs every 5 years.

(2) The Department shall approve programs that meet its requirements and standards for 5 years.

(3) Programs that fail to meet all the requirements and standards addressed in this chapter may be approved with conditions or placed on probation.

(4) Program Extensions.

(a) A provider may request an extension of the Department's 5-year review.

(b) A provider shall submit this request in writing at least 180 calendar days before the end of the program's 5-year approval.

(c) The Department may grant up to a 1-year extension based on documentation submitted to justify the extension.

(5) The Department may monitor or conduct an interim review of a program at any time.

(a) Where this interim review reveals that a program has seriously failed to meet the standards and benchmarks or reporting or compliance requirements, or has demonstrated a pattern of noncompliance, the program may be placed on probation under §C of this regulation.

(b) If after the 1-year probation a program fails to make satisfactory progress toward meeting program standards, reporting requirements, or compliance requirements, the Department may revoke its approval under §D of this regulation.

(6) Beginning in the 2025-2026 school year, each approved educator preparation program leading to certification in early childhood education, elementary education, special education, and ESOL, shall post on its website information describing its program to prepare teachers to teach reading using evidence-based practices in literacy programming and instruction aligned to the science of reading.

B. Approval with Conditions.

(1) If the approved program fails to meet all of the standards and competencies, reporting, or compliance requirements, it may be approved with conditions for a period of 2 years.

(2) The Department shall conduct a focused review of a program approved with conditions within 2 years of the original review.

(3) The Department may extend a program's approval with conditions for good cause beyond the original 24-month period.

(4) Programs may continue to accept candidates for entry while approved with conditions.

(5) Approval with conditions shall last 2 years unless, through its annual reports, the program supplies sufficient evidence to meet program approval requirements, after which it may be removed from approval with conditions after 1 year, granted approval, and returned to a 5-year review cycle.

(6) A program approved with conditions shall continue to provide all annual reporting.

(7) If after 2 years a program has not made satisfactory progress toward meeting Department requirements and national standards, reporting requirements, or compliance requirements, the program may be placed on probation or revoked.

C. Probation.

(1) Programs that have seriously failed to meet the standards and benchmarks or reporting or compliance requirements, or have demonstrated a pattern of noncompliance, may be placed on probation.

(2) Programs that do not submit data or required reports to the Department, or who lose national accreditation status by revocation or by expiration, may be placed on probation status or may face immediate revocation of Department approval.

(3) The Department may conduct a full review within 1 year of the last focused revisit for a program on probation unless, through annual reporting requirements, the program supplies sufficient evidence to meet program approval requirements.

(4) Programs may not accept candidates for entry while on probation.

(5) A program on probation shall continue to provide all annual reporting to the Department.

(6) Within 30 calendar days of the notification of probation, the provider shall notify each candidate individually in writing of the probation of the program, explain what probation means, and provide documentation of the notification to the Department.

(7) The Department shall monitor program progress towards meeting the Department requirements and national standards for the program throughout the probationary period, including review of required reports and monitoring visits as considered necessary.

(8) If a program supplies evidence of meeting all program requirements, the Department may remove it from probation.

(9) The Department may request an annual follow-up report with an annual re-visit for institutions removed from probation.

(10) If after the 1-year probation a program has not made satisfactory progress toward meeting program standards, reporting requirements, or compliance requirements, the Department may revoke its approval.

D. Revocation.

(1) The Department may revoke its approval if a program fails to meet the standards, reporting requirements, or compliance requirements set forth by this chapter.

(2) The Department shall notify the provider in writing of a decision to revoke approval.

(3) On provision of the notification, the provider shall stop operating the revoked program.

(4) A revoked program may not recruit or accept new candidates.

(5) Within 30 calendar days of the notification of revocation, the provider shall notify each candidate individually, in writing, of the revocation of program approval, explain what revocation means, and provide documentation of the notification to the Department.

(6) Candidates enrolled in the revoked program who have accumulated enough credits to be on track for program completion within the current academic year may exit.

(7) A provider shall wait 2 years after revocation of a program before it may apply to the Department for approval of a program that is substantively the same as the one revoked.

E. Appeal.

(1) A provider may request a hearing to challenge the revocation if the provider files a written request with the State Superintendent within 20 calendar days of receipt of the notice of revocation.

(2) The State Superintendent shall promptly refer the case to the Office of Administrative Hearings.

F. Hearing Procedures.

(1) The hearing procedures for appeals referred to the Office of Administrative Hearings are in accordance with the Administrative Procedure Act, State Government Article, §§10-201-10-226, Annotated Code of Maryland, and with COMAR 28.02.

(2) The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.22.

(3) The administrative law judge shall submit in writing to the State Superintendent a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the proposed decision to the parties.

(4) A party objecting to the administrative law judge's proposed decision may file exceptions with the State Superintendent within 15 calendar days from the date of the decision. A party may respond to the exceptions within 15 calendar days of the date of the exceptions.

(5) If exceptions are filed, any party may request an opportunity for oral argument before the State Superintendent before a final decision is made. Each side may present no more than 15 minutes of oral argument before the State Superintendent.

(6) The State Superintendent shall make a final decision in writing containing findings of fact and conclusions of law.

(7) A provider may seek judicial review of a State Superintendent's determination under this regulation as provided by the Administrative Procedure Act, State Government Article, § 10-222, Annotated Code of Maryland.

Md. Code Regs. 13A.07.06.11

Regulation .11 adopted effective 51:5 Md. R. 229 , eff. 4/1/2024.