Md. Code Regs. 13A.09.09.04

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

Section 13A.09.09.04 - Compliance

A. A legal authority shall comply with this chapter as the condition for maintaining a Certificate of Approval issued by the State Board.

B. The chief officer of the legal authority of a school shall provide all certifications and other documentation required by this chapter.

C. Annual Report. Each year the chief officer of the legal authority of a school shall certify the status of the compliance of the school with this chapter by submitting the completed annual report provided by the Department.

D. Open for Inspection. A school shall be open for inspection by the State Superintendent of Schools or designee for the following reasons:

(1) To verify compliance with this chapter for the purpose of initial issuance of a Certificate of Approval;

(2) To investigate a written complaint alleging that the school is in violation of one or more regulations under this chapter;

(3) To determine compliance with this chapter if the Department considers it necessary and appropriate by virtue of specific circumstances; and

(4) To implement procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.

E. Notice of Noncompliance. If a school does not demonstrate compliance with the requirements of this chapter, the Department shall provide written notice of the school's noncompliance to its legal authority. The notice of noncompliance shall contain the following information:

(1) The regulation or regulations with which the school does not demonstrate compliance;

(2) The fact or facts that demonstrate the school's noncompliance with each regulation;

(3) The action or actions the school is required to take to demonstrate compliance with each regulation; and

(4) The date by which the school is required to demonstrate compliance with each regulation.

F. Notice of Continuing Noncompliance. When the Department has sent the legal authority of a school a notice of noncompliance pursuant to §E of this regulation and the school fails to comply with §E(3) and (4) of this regulation, the Department shall provide written notice of the school's continuing noncompliance to its legal authority. The written notice of continuing noncompliance shall contain the following information:

(1) The regulation or regulations with which the school continues to fail to demonstrate compliance;

(2) The fact or facts that demonstrate the school's continuing noncompliance with each regulation;

(3) The action or actions the school is required to take to demonstrate compliance with each regulation;

(4) The date by which the school was required to demonstrate compliance as specified in the notice of noncompliance; and

(5) A statement that continuing failure of the school to demonstrate compliance may result in the Department taking one or more of the following actions on or after a specified date:

(a) Publication of the noncompliance of the school on the website of the Department;

(b) Publication of the noncompliance of the school in newspapers of general circulation; or

(c) Implementation of Procedures and Sanctions for Noncompliance established in Regulation .12 of this chapter.

G. A legal authority that holds a Certificate of Approval to operate a school may not apply for a Certificate of Approval to operate another school if the school for which the legal authority currently holds a Certificate of Approval is not in compliance with this chapter.

H. Nondiscrimination. The chief officer of the legal authority shall certify on the form provided by the Department that it does not practice discrimination based upon race, color, or national origin as specified in Education Article, § 2-206(e)(3), Annotated Code of Maryland.

I. Criminal Background Check. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for a criminal background check as specified in Family Law Article, Title 5, and Education Article, § 2-206.1, Annotated Code of Maryland.

J. Child Abuse Reporting. The chief officer of the legal authority shall certify on the form provided by the Department that it is in compliance with the requirements for reporting suspected child abuse as specified in Family Law Article, Title 5, Annotated Code of Maryland.

Md. Code Regs. 13A.09.09.04

Regulations .4B_D amended effective January 15, 1989 (15:27 Md. R. 3137)
Regulation .04C amended effective April 20, 1998 (25:8 Md. R. 598)
Regulations .04 adopted effective February 3, 1992 (19:2 Md. R. 155)
Regulations .04, Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities, adopted effective March 29, 1993 (20:6 Md. R. 582)
Regulations .04 adopted effective September 3, 2001 (28:17 Md. R. 1558)
Regulations .04 adopted effective August 29, 2005 (32:17 Md. R. 1439)
Regulations .04 adopted effective March 29, 2004 (31:6 Md. R. 509)
Regulation .04I amended effective April 23, 2007 (34:8 Md. R. 768)
Regulation .04K repealed effective April 23, 2007 (34:8 Md. R. 768)