Sec. 13a.07.12.01. Disqualification Criteria for Substitute Teachers

A. Disqualification Causes.

(1) A local school system shall disqualify a substitute teacher from employment in any local school system if the individual:

(a) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of a crime involving:

(i) Contributing to the delinquency of a minor;

(ii) Moral turpitude if the offense bears directly on the individual's fitness for employment in education;

(iii) A controlled dangerous substance offense if the offense occurred on school property or during a school event or if the individual has been convicted and the clerk of the court has certified and reported the controlled dangerous substance conviction to the Department;

(iv) Child abuse or neglect as defined in Criminal Law Article, §§3-601-3-603, Annotated Code of Maryland, or a comparable crime in another state;

(v) A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state;

(vi) Sexual solicitation of a minor; or

(vii) Possession, distribution, receipt, or production of child pornography;

(b) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;

(c) Is dismissed or resigns after notice of allegation of misconduct involving a student in any school system or any minor; or

(d) Is dismissed or resigns after notice of allegations of sexual child abuse.

(2) This regulation does not prevent a local school system from terminating, declining to hire, or declining to use the services of a substitute teacher based on any of the disqualifying causes or for any other lawful reason not listed as a disqualifying cause.

B. Notice of Disqualification and Right to Appeal.

(1) Prior to disqualifying a substitute teacher, a local school system shall send the individual notice of the proposed action, including the specific cause or causes for disqualification, and provide an opportunity to challenge the disqualification.

(2) A challenge to disqualification is limited to whether a substitute should be added to the Disqualified Substitute Teacher Database.

(3) An individual may appeal the disqualification in writing to the State Superintendent of Schools within 30 days of the final decision of the local school system. An individual shall remain on the disqualified list while an appeal to the State Superintendent of Schools is pending.

C. Disqualified Substitute Teacher Database.

(1) The Maryland State Department of Education shall maintain an electronic database of substitute teachers who have been disqualified by a local school system under §§A and B of this regulation.

(2) The local school system shall notify the Maryland State Department of Education of a substitute teacher’s disqualification within 10 days of the final action.

(3) The notification to the Maryland State Department of Education shall be in the format prescribed by the Department.

(4) Within 10 days of receipt of notification, the Maryland State Department of Education shall enter the individual into an electronic database established under this regulation.

(5) Prior to employing an individual as a teacher, a local school system shall check whether the individual is listed in the Disqualified Substitute Teacher Database.

(6) The Maryland State Department of Education shall provide a list of those individuals in the Disqualified Substitute Teachers Database to each local school system on a monthly basis.

D. If a decision to disqualify an individual from being able to serve as a substitute is based on §A(1)(a) of this regulation and if the plea, probation before judgment, or conviction is overturned or expunged and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual who has been disqualified may file a written request with the Maryland State Department of Education to be removed from the Disqualified Substitute Teacher Database.

E. If an individual who is disqualified from being able to serve as a substitute in Maryland based on §A of this regulation holds a valid Maryland Educator Certificate, the local superintendent of schools shall notify the State Superintendent of Schools in writing of charges against the certificate holder pursuant to COMAR 13A.12.05.02.