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§ 26-705. Enforcement

West's Annotated Code of MarylandEducationEffective: July 1, 2022

West's Annotated Code of Maryland
Education (Refs & Annos)
Division IV. Other Education Provisions [Titles 21-End] (Refs & Annos)
Title 26. Prohibitions and Penalties (Refs & Annos)
Subtitle 7. Discrimination in Education (Refs & Annos)
Effective: July 1, 2022
MD Code, Education, § 26-705
§ 26-705. Enforcement
Complaints
(a)(1) A person alleging discrimination in violation of § 26-704 of this subtitle may file a complaint with the State Superintendent.
(2) A complaint filed under paragraph (1) of this subsection shall specify the relief or remedy requested.
(3) A parent or guardian of a minor alleging discrimination may submit a complaint under this subsection on behalf of the minor.
Notices of complaint
(b) On receipt of a complaint under subsection (a) of this section, the State Superintendent shall provide notice of the complaint to:
(1) The program or school that is the subject of the complaint; and
(2) The county board for the county in which the public prekindergarten program or public primary or secondary school is located.
Response
(c) Within 30 days of receiving a notice under subsection (b) of this section, the program or school and, if appropriate, county board shall submit a response to the State Superintendent.
Mediation; decision
(d)(1)(i) The State Superintendent shall attempt to mediate an agreement between the complainant and respondent to remedy and eliminate the discrimination.
(ii) If mediation under subparagraph (i) of this paragraph results in an agreement between the parties, the State Superintendent shall issue to both parties a written statement of the mediation findings and agreement, including the timeline within which any agreed actions must be taken.
(2)(i) If a mediation agreement is not reached under paragraph (1) of this subsection within 60 days after the complaint is filed, the State Superintendent shall issue a decision on the complaint to both parties.
(ii) A decision issued under subparagraph (i) of this paragraph shall:
1. Be in writing;
2. Contain any findings of fact determined by the State Superintendent; and
3. Specify any actions necessary to remedy or eliminate the discrimination, including the timeline within which the actions must be taken.
(iii) If the State Superintendent finds that a county board, program, or school violated § 26-704 of this subtitle, a decision issued under subparagraph (i) of this paragraph may require the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with § 2 -303(b) of this article.
Reopening complaints
(e)(1) A complainant alleging that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section may reopen a complaint made under this section without:
(i) Filing a new complaint under subsection (a) of this section; or
(ii) Engaging in mediation under subsection (d)(1) of this section.
(2) If the State Superintendent finds that a county board, program, or school did not remedy or eliminate the discrimination as agreed or required under subsection (d) of this section, the State Superintendent shall issue an updated written decision to both parties requiring the Comptroller to withhold funding from the program or school in an amount determined by the State Superintendent in accordance with § 2-303(b) of this article.
Appeals
(f) A complainant or respondent may appeal to the Office of Administrative Hearings:
(1) Within 10 days after receiving a decision issued by the State Superintendent under subsection (d)(2) of this section; or
(2) If the State Superintendent does not issue a decision as required under subsection (d)(2) of this section, within 10 days after the date by which the decision should have been issued.
Appeal hearings
(g)(1) An appeal hearing shall be held in the county where the alleged discriminatory act occurred.
(2) If, after reviewing all of the evidence, the administrative law judge finds that the respondent has engaged in discrimination, the administrative law judge shall:
(i) Issue a decision and order stating the judge's findings of fact and conclusions of law; and
(ii) Issue and cause to be served on the respondent an order requiring the respondent to:
1. Cease and desist from engaging in the discrimination; and
2. Take affirmative action to effectuate the purposes of this subtitle.
Regulations
(h) The State Board, in consultation with the State Superintendent, shall adopt regulations to establish procedures for complaint processing, mediation, and enforcement and otherwise carry out the requirements of this section.

Credits

Added by Acts 2022, c. 739, § 1, eff. July 1, 2022.
MD Code, Education, § 26-705, MD EDUC § 26-705
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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