§ 2-206. Oversight of noncollegiate educational institutions by Board
West's Annotated Code of MarylandEducationEffective: July 1, 2023
Effective: July 1, 2023
MD Code, Education, § 2-206
§ 2-206. Oversight of noncollegiate educational institutions by Board
(a) In this section, “noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in § 10-101 of this article.
(b)(1) This section does not apply to:
(ii) Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits; or
(2) This section does not apply to these individuals or entities specified in paragraph (1)(ii) of this subsection solely on the basis that they use the word “school” as a part of their name, in literature or publications such as advertisements, brochures, catalogs or bulletins, or in other pronouncements.
(c) With the advice of the State Superintendent, the State Board shall adopt bylaws, rules, and regulations for the approval and accreditation of all public schools.
(d) With the advice of the State Superintendent, the State Board shall establish minimum requirements for issuing certificates and diplomas by public and private noncollegiate educational institutions in this State.
(e)(1) A noncollegiate educational institution may not operate in this State without a certificate of approval from the State Board.
(4) This subsection does not apply to an institution operated by a bona fide church organization, including the Amish and Mennonite church parochial schools. However, an institution that does not have a certificate of approval from the State Board may not receive State funds, except that an institution operated by a bona fide church organization is not required to have a certificate to receive State funds for eligible students in the food service program who are enrolled in nursery school through the eighth grade.
(f)(1) If the State Board believes that a noncollegiate educational institution that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, it shall give the institution written notice of the specific deficiencies.
(3) If, within 6 months from the date on which the application for certification was submitted to the State Board, the institution has received neither a certificate of approval under subsection (e) of this section nor written notice of deficiencies under this subsection, it may request, within 20 days, a hearing before the Board to determine if the certificate of approval should be issued.
(g)(1) If the State Board believes that a noncollegiate educational institution does not meet the conditions or standards on which its certificate of approval was based, it shall give the institution written notice of this belief.
(h)(1) The State Board may order a noncollegiate educational institution to end operations if the institution fails to correct the specified deficiencies within the period set by the Board and if:
(i)(1) An institution has the right to judicial review of any State Board determination under this section as provided by the Administrative Procedure Act.1
(j) A noncollegiate educational institution shall:
(k)(1) Each noncollegiate educational institution that receives notice of a contaminated drinking water supply from the institution's supplier of water, in accordance with § 9-410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the institution.
Credits
Added by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1979, c. 278; Acts 1980, c. 389; Acts 1982, c. 670; Acts 1985, c. 10, § 3; Acts 1990, c. 296; Acts 1993, c. 5, § 1; Acts 1996, c. 10, § 16, eff. April 9, 1996; Acts 2005, c. 302, § 1, eff. Oct. 1, 2005; Acts 2005, c. 303, § 1, eff. Oct. 1, 2005; Acts 2005, c. 308, § 1, eff. July 1, 2005; Acts 2006, c. 619, §§ 1, 2, eff. Oct. 1, 2006; Acts 2023, c. 671, § 1, eff. July 1, 2023.
Formerly Art. 77, § 11.
Footnotes
State Government, § 10-101 et seq.
MD Code, Education, § 2-206, MD EDUC § 2-206
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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