Md. Code Regs. 13B.08.22.12

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

Section 13B.08.22.12 - Service Obligation Requirements

A. Allowable Employment.

(1) Generally. Except as set forth in §B(2) of this regulation, the service obligation requirement in Regulation .11A of this chapter shall be fulfilled by employment of at least 35 hours a week as a teacher at:

(a) A public school in the State that has at least 50 percent of its students eligible for free or reduced price meals; or

(b) A public prekindergarten program in the State that has at least 50 percent of its students eligible for free or reduced price meals.

(2) Employment Unavailable.

(a) If, after aggressively seeking employment for a position that meets the requirements set forth in §A(1) of this regulation, a recipient is unable to perform the service requirement in this section because there are no available positions that meet these requirements, the service obligation may take place in any public school or public prekindergarten program in the State.

(b) A recipient described in §A(2)(a) of this regulation shall provide to the Office documentation that provides sufficient evidence, as determined by the Office, that there are no available positions that meet the requirements of §A(1) of this regulation.

(3) The service obligation requirement may not be fulfilled by:

(a) Employment as a teaching assistant;

(b) Volunteer service; or

(c) A fellowship or internship.

B. Duration.

(1) Undergraduate Students. For each year a recipient receives a scholarship for an undergraduate program, the recipient shall perform the service obligation for 1 year.

(2) Graduate Students. A recipient who receives a scholarship for a graduate program shall perform the service obligation for at least 2 years.

C. Deferment.

(1) A recipient may request that the service obligation be deferred during the time the recipient is:

(a) Enrolled full-time or part-time in a graduate certificate or degree program in Education in the State;

(b) On a temporary leave of absence of less than 12 months from an allowable employer under this regulation, approved by the employer;

(c) Temporarily disabled in a manner that substantially impairs the recipient's ability to perform the service obligation, for a period not to exceed 3 years;

(d) Unable to maintain employment because the recipient must care for a spouse or child who is disabled, for a period not to exceed 12 months;

(e) Assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period; or

(f) Married to a spouse assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period.

(2) A recipient's deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:

(a) Certification by an institute in the State that the recipient is enrolled in a full-time or part-time graduate certificate or degree program in Education;

(b) Certification by the employer that the recipient is on a temporary approved leave of absence;

(c) A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient's ability to perform the service obligation;

(d) A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because the recipient must care for a spouse or child who is disabled; or

(e) A copy of military orders.

(3) The Office shall review all documentation, determine if the deferment conditions have been met, and, if so, determine the deferment period.

(4) Decisions of the Office regarding deferment are final and not subject to further review or appeal.

Md. Code Regs. 13B.08.22.12

Regulation .12 adopted effective 49:15 Md. R. 739, eff. 7/25/2022