§ 6-113.2. Screening of applicants; child sexual abuse or sexual misconduct investigations
West's Annotated Code of MarylandEducationEffective: July 1, 2021 to June 30, 2026
Effective: July 1, 2021 to June 30, 2026
MD Code, Education, § 6-113.2
§ 6-113.2. Screening of applicants; child sexual abuse or sexual misconduct investigations
<Section effective until July 1, 2026. See, also, section 6-113.2 effective July 1, 2026.>
(a)(1) In this section the following words have the meanings indicated.
(b) A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:
(ii) Has ever been disciplined, discharged, nonrenewed, or asked to resign from employment, or has ever resigned from or otherwise separated from any employment while allegations of child sexual abuse or sexual misconduct were pending or were under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct; or
(c) Except as provided in subsection (g) of this section, before hiring an applicant for a position involving direct contact with minors, the county board, nonpublic school, or contracting agency shall:
(d)(1) Not later than 20 days after receiving a request for information under subsection (c) of this section, an employer shall send to the county board, nonpublic school, or contracting agency the information requested on the form prescribed by the Department.
(2) If the information from an employer includes an affirmative response to the child sexual abuse or sexual misconduct questions under subsection (b)(3) of this section, and the county board, nonpublic school, or contracting agency makes a determination to further consider the applicant for employment, the county board, nonpublic school, or contracting agency shall request that the former employer provide additional information about the information provided, including all records related to child sexual abuse or sexual misconduct.
(e)(1) A county board or nonpublic school may hire an applicant as an emergent employee for a period not to exceed 60 days pending the review of information and records required under this section only if:
(f)(1) A county board or nonpublic school is authorized to share an employment history review required under subsection (c) of this section with other county boards and nonpublic schools.
(g)(1) A county board or nonpublic school may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a county board or nonpublic school and the applicant:
(h)(1)(i) A county board, nonpublic school, or contracting agency shall conduct an employment history review of an applicant for a substitute position involving direct contact with minors as required under subsection (c) of this section before the initial hiring of the substitute employee or placement on the approved substitute employee list of the county board, nonpublic school, or contracting agency.
(4) An employment history review conducted on the initial hiring of a substitute employee by a contracting agency, an intermediate unit, or any other entity that provides substitute staffing services to a county board or a nonpublic school shall satisfy the requirements of this section for all school entities using the services of that contracting agency, intermediate unit, or other entity.
(i)(1)(i) A contracting agency shall conduct an employment history review of an applicant for employment with the contracting agency as required under subsection (c) of this section:
(2)(i) Before assigning an employee to perform work for a school entity in a position involving direct contact with minors, a contracting agency shall provide notice to the school entity of any affirmative responses to the child sexual abuse or sexual misconduct questions required under subsection (b)(3) of this section.
(j)(1) Information and records about an applicant received by a county board, nonpublic school, or contracting agency under this section are not a public record for the purposes of the Maryland Public Information Act.
(k)(1) A county board, nonpublic school, or contracting agency may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement that:
(l) If there is a lapse in the operation of or the Department suspends the use of a system or database that the Department uses to check an applicant's eligibility for employment or certification status, the Department shall notify the county boards, nonpublic schools, and any contracting agencies within 48 hours of the lapse or the suspension of the use of the system or database.
(m)(1) A person acting in good faith may not be held liable for disclosing any information or records related to child sexual abuse or sexual misconduct about a current or former employee's professional conduct or reason for termination of employment to a county board, a nonpublic school, a contracting agency, the Department, or any other potential employer in accordance with this section unless the person:
(n)(1) An applicant who provides false information or willfully fails to disclose material information required under this section shall be subject to professional discipline, including termination or denial of employment, and may be subject to professional discipline in accordance with the regulations of the Department.
(2)(i) Subject to subparagraph (ii) of this paragraph, the willful failure of an employer or former employer to respond to or provide the information and records requested by a county board, nonpublic school, or contracting agency under this section may result in civil penalties or professional discipline, if appropriate.
(o) Nothing in this section shall be construed:
Credits
Added by Acts 2019, c. 55, § 1, eff. July 1, 2019. Amended by Acts 2021, c. 192, § 1, eff. July 1, 2021; Acts 2021, c. 197, § 1, eff. July 1, 2021; Acts 2021, c. 198 § 1, eff. July 1, 2021.
MD Code, Education, § 6-113.2, MD EDUC § 6-113.2
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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