Md. Code, Education § 6-101
Unless an individual is eligible to be issued a certificate by the State Superintendent, an individual may not be employed as a county superintendent, assistant superintendent, supervisor, principal, or teacher.
Md. Code, Education, Title 6
Md. Code, Education, Title 6
in effectMd. Code, Education § 6-101.1
§6–101.1.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Eligible spouse” means the spouse of an active service member or eligible veteran.
(ii) “Eligible spouse” includes a surviving spouse of:
1. An eligible veteran; or
2. An active service member who died within 1 year before the date on which the application for an educator license is submitted.
(3) (i) “Eligible veteran” means a veteran who was discharged from active duty within 1 year before the date on which the application for an educator license is submitted.
(ii) “Eligible veteran” does not include a veteran who has been discharged from active duty for more than 1 year before the application for an educator license is submitted.
(b) The State Superintendent shall expedite educator licensure for an active service member, eligible veteran, or eligible spouse.
(c) To qualify for expedited educator licensure under this section, an active service member, eligible veteran, or eligible spouse shall:
(1) Submit an application for educator licensure;
(2) Hold a valid educator license or certificate in good standing issued in another state;
(3) Meet the applicable qualifications for licensure in COMAR 13A.12.01.04 and .05; and
(4) Pay the applicable licensure fee.
(d) (1) Subject to paragraph (2) of this subsection, the State Superintendent, at the request of a local school system, may issue a temporary educator license to an active service member, eligible veteran, or eligible spouse who holds a valid educator certificate or license in good standing issued in another state but who does not meet the qualifications for educator licensure in this State.
(2) A temporary educator license issued under this subsection authorizes the active service member, eligible veteran, or eligible spouse, for a limited period of time, as determined by the State Superintendent, to be employed as an educator in the State while the active service member, eligible veteran, or eligible spouse completes additional requirements for licensure in this State.
(e) The Department shall publish prominently on its website the process for obtaining expedited educator licensure under this section.
(f) The State Board may adopt regulations to carry out this section.
Md. Code, Education § 6-102
(a) Teachers’ certificates shall be of two classes:
(1) First class; and
(2) Second class.
(b) Each teacher’s certificate issued by the State Superintendent shall be second class when issued.
(c) Each county superintendent shall classify the certificate of each teacher employed by the school system of the superintendent’s county at least once every 2 years.
(d) In determining the class of the certificate of a teacher, the county superintendent shall consider:
(1) Scholarship;
(2) Executive ability;
(3) Personality; and
(4) Teaching efficiency.
(e) Each county superintendent shall keep a record of the kind, grade, and class of certificate held by each teacher employed by the school system of the superintendent’s county.
Md. Code, Education § 6-103
(a) The State Superintendent shall keep a complete record of the academic preparation, professional training, and teaching experience of each applicant to whom a certificate is issued.
(b) The State Superintendent shall keep a complete record of the credentials, certificates, or diplomas on which certificates have been issued or renewed.
(c) The State Superintendent shall keep a complete record and file of:
(1) Each certificate issued; and
(2) Each certificate in force.
Md. Code, Education § 6-104
(a) This section applies to the appointment, assignment, compensation, promotion, transfer, dismissal, and any other matter that relates to the employment of public school employees in this State.
(b) The State Superintendent, a county board, a county superintendent, or an assistant to any one of these may not make any distinction or discriminate in favor of or against any public school employee of this State because of race, religion, color, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment except, as to sex, if the employment of a certain sex is reasonably necessary because of the nature of the employment.
Md. Code, Education § 6-105
(a) Each teacher in a public school of this State shall have a duty-free lunch period each regularly scheduled school day.
(b) This duty-free period shall be for at least 30 minutes, unless the students have a regular lunch period of less than 30 minutes in which case the duty-free period shall be the same as the regular lunch period.
(c) Each county board may employ teacher aides to carry out the purposes of this section.
Md. Code, Education § 6-106
(a) Each county board may use volunteer aides in school activities in its county.
(b) A volunteer aide may not be used to supplant educational personnel but shall be used to assist regular employees in their assignments.
(c) Each county superintendent shall establish guidelines for the use of volunteer aides in the school system of the superintendent’s county.
(d) A volunteer aide is considered an agent of the county board for the limited purposes of:
(1) Comprehensive liability insurance coverage under § 4–105 of this article; and
(2) Workers’ compensation coverage under the Maryland Workers’ Compensation Act.
Md. Code, Education § 6-107
(a) A county board may make an agreement or financial arrangement with an institution of higher education that satisfies the conditions of § 11-202 of this article, to provide classroom or administrative office experience for student teachers and student interns.
(b) The institution of higher education and the county board where the student teaching center program is adopted shall:
(1) Approve or select jointly the supervising teachers, who are employees of the county board, to serve in the program; and
(2) Adopt an agreed, continuing, in-service improvement program for the supervising teachers.
(c) (1) While the student teacher is assigned as a student teacher, he shall be given the same authority as if he were a certificated employee of the county board to which he is assigned.
(2) The authority of the student teacher extends to:
(i) Every aspect of student management or discipline;
(ii) The handling of records of students; and
(iii) Any other aspect of authority granted to a certificated employee of a county board.
(d) Student teachers and student interns are considered agents of the county board for the limited purposes of:
(1) Comprehensive liability insurance coverage under § 4-105 of this article; and
(2) Workers’ compensation coverage under the Maryland Workers’ Compensation Act, but this coverage is not to exceed the salary of a first year teacher in the county school system.
Md. Code, Education § 6-108
(a) Whether or not an individual receives compensation for the individual’s services, an employee of a county health department functioning as a school nurse or school health aide, or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school shall have the immunity from liability described under § 5–803 of the Courts Article.
(b) A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions shall have the immunity from liability described under § 5–803 of the Courts Article.
Md. Code, Education § 6-109
(a) A county superintendent and any other employee of a county board who handles funds of the school system shall give bond to secure the interests of the State and the county board as their interests may appear in the penal sum required by the county board.
(b) (1) The bond shall have the security of any guaranty, deposit, trust, or other similar company authorized under the laws of this State to act in this capacity.
(2) The cost or fee for this security shall be paid by the county board.
(3) The executed bond shall be filed with the State Comptroller.
(c) The bond shall contain provisions that the employee shall perform faithfully the duties of the employee’s office and pay over and apply all money that comes into the employee’s possession or control to the person and in the manner that the county board, under the provisions of this article, directs.
(d) (1) The requirements in subsection (a) of this section may be satisfied by the purchase of surety insurance or surety self-insurance provided by a pool established under Title 19, Subtitle 6 of the Insurance Article.
(2) The surety insurance or self-insurance shall be in an amount required by the county board.
Md. Code, Education § 6-110
Teachers’ professional organizations are recommended as important means of raising the standard of public education by:
(1) Mutual conference;
(2) Interchange of views; and
(3) Suggestions as to systems of teaching and discipline.
Md. Code, Education § 6-111
(a) An employee of a county board who is absent due to physical disability that results from an assault while in the scope of board employment shall be kept on full pay status instead of sick leave during the period of absence.
(b) Each county board shall establish rules and regulations for the entitlement and use of assault leave, including a requirement that an employee provide:
(1) A signed statement that justifies the use of assault leave; and
(2) If medical attention is required, a certificate from a licensed physician that states the nature and duration of the disability.
Md. Code, Education § 6-112.1
§6–112.1.
(a) In this section, “Board” means the State Board of Audiologists, Hearing-Aid Dispensers, and Speech-Language Pathologists.
(b) There is a program of county aid to audiologists and speech-language pathologists who:
(1) Provide audiology and speech-language services on a third-party billing basis in schools; and
(2) Are licensed by the Board.
(c) Each audiologist and speech-language pathologist who meets the requirements of subsection (b) of this section shall receive from the county board an amount equal to the initial licensing fee or renewal of license fee charged by the Board.
(d) The State Board shall adopt regulations to implement and administer the program established under this section.
(e) An audiologist or speech-language pathologist shall reimburse the county board the full amount of the aid received if the audiologist or speech-language pathologist does not:
(1) Complete all the requirements for renewal of a license by the Board; or
(2) Provide audiology or speech-language pathology services on a third-party billing basis in a school.
Md. Code, Education § 6-113
(a) A county board may not knowingly hire or retain any individual who has been convicted of a crime involving:
(1) An offense under § 3–307 or § 3–308 of the Criminal Law Article or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State;
(2) Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; or
(3) A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in this State.
(b) A local school system contract shall provide that a contractor or subcontractor for the local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under subsection (a) of this section.
Md. Code, Education § 6-113.1
§6–113.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Child sexual abuse” means an act by an adult involving a minor or a student that constitutes a sexual offense under the laws of the State, or any sexual contact between an adult and a minor.
(3) “Sexual misconduct” means an act by an adult, including an oral, nonverbal, written, or electronic communication, or a physical activity directed toward or with a minor that is designed to promote a romantic or sexual relationship with the minor, including:
(i) Sexual or romantic invitation;
(ii) Dating or soliciting dates;
(iii) Engaging in sexualized or romantic dialogue;
(iv) Making sexually suggestive comments;
(v) Grooming behaviors;
(vi) Self–disclosure or physical exposure of a sexual, romantic, or erotic nature; and
(vii) A sexual, indecent, romantic, or erotic contact with the minor.
(b) (1) A county board or nonpublic school that receives State funds shall require each employee to receive instruction annually on the prevention, identification, and reporting of child sexual abuse.
(2) The instruction described in paragraph (1) of this subsection shall include comprehensive training and information to help employees to:
(i) Recognize sexual misconduct in adults;
(ii) Recognize and appropriately respond to sexually inappropriate, coercive, or abusive behaviors among minors;
(iii) Recognize behaviors and verbal cues that could indicate a minor has been a victim of child sexual abuse; and
(iv) Respond to disclosures by minors or their parents or guardians of child sexual abuse or reports of boundary–violating behaviors of adults or minors in a supportive and appropriate manner that meets mandated reporting requirements under State law.
(c) (1) Each county board shall establish and implement policies that support the prevention of child sexual abuse through ongoing training of staff regarding:
(i) Behavior that constitutes adult perpetration;
(ii) Reporting obligations and procedures; and
(iii) For staff involved in the hiring process, comprehensive screening of prospective employees.
(2) The county board shall develop employee codes of conduct that address appropriate contact between staff and students.
(d) (1) Each employee shall complete the instruction and training described in subsection (b) of this section on an annual basis.
(2) The instruction and training under this section:
(i) May include in–person or e–learning instruction and training; and
(ii) Shall be periodically reviewed and updated.
(e) (1) On or before December 1, 2018, the Interagency Commission on School Construction and the State Council on Child Abuse and Neglect jointly shall develop guidelines and best practices for the assessment and modification of physical facilities and spaces to reduce opportunities for child sexual abuse.
(2) Beginning in the 2019–2020 school year, each county board shall develop policies and procedures on the use and modification of physical facilities and spaces to reduce opportunities for child sexual abuse.
(f) Each county board shall make information about the training opportunities described in this section available to parents, legal guardians, and other interested persons in the community.
Md. Code, Education § 6-113.2
§6–113.2. IN EFFECT
(a) (1) In this section the following words have the meanings indicated.
(2) “Child sexual abuse” has the meaning stated in § 6–113.1 of this subtitle.
(3) (i) “Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.
(ii) “Contracting agency” includes an entity that provides transportation to and from a school using a vehicle other than a Type I or Type II school vehicle, in accordance with § 7–801 of this article.
(4) “Direct contact with minors” means the care, supervision, guidance, or control of, or routine interaction with, a minor.
(5) “Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under this section.
(6) “School” means a public or nonpublic school.
(7) “Sexual misconduct” has the meaning stated in § 6–113.1 of this subtitle.
(b) A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:
(1) The contact information of the following employers:
(i) The current employer;
(ii) All former school employers, including employers for which the applicant was an emergent employee; and
(iii) All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors within the previous 10 years;
(2) A written consent form, signed by the applicant, authorizing an employer listed under item (1) of this subsection to release all records relating to child sexual abuse or sexual misconduct; and
(3) A written statement of whether the applicant:
(i) Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:
1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
A. State law; or
B. The policies of the county board or nonpublic school;
4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out;
(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
(iii) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.
(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:
(1) Review an applicant’s employment history by contacting the employers listed by the applicant under subsection (b)(1) of this section and requesting the following information:
(i) The dates of employment of the applicant; and
(ii) Answers to the questions regarding child sexual abuse or sexual misconduct required under subsection (b)(3) of this section; and
(2) Request a report from the Department regarding the applicant’s eligibility for employment or certification status to determine whether the applicant:
(i) Holds a valid and active certification appropriate for the position and is otherwise eligible for employment; and
(ii) Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.
(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.
(3) An employer that receives a request for additional information under paragraph (1) of this subsection shall provide the additional information within 60 days of the date of the prospective employer’s request to:
(i) The requesting county board, nonpublic school, or contracting agency; and
(ii) The applicant who is under consideration for employment.
(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:
(i) The applicant has provided all the information and supporting documentation required under this section;
(ii) An employer has no knowledge of information regarding the applicant that would disqualify the applicant from employment;
(iii) The applicant swears or affirms that the applicant is not disqualified from employment; and
(iv) The applicant is not authorized to work alone with minors unless the applicant:
1. Works in the immediate vicinity of a permanent employee; or
2. If the applicant is a school vehicle driver, is subject to audio and video monitoring and recording, which is promptly reviewed by school administrators.
(2) Based on the employment history review required under subsection (c) of this section, at any time within 60 days after hiring an applicant as an emergent employee, the county board or nonpublic school may:
(i) Rescind the offer of employment; or
(ii) Complete the emergent employee’s hiring process, in accordance with the provisions of this title, with any executed contract reflecting the first day worked as an emergent employee.
(3) Within 60 days after hiring an applicant as an emergent employee, a county board’s decision to dismiss the emergent employee, for any reason other than child sexual abuse or sexual misconduct, may be appealed:
(i) In accordance with § 4–205 of this article;
(ii) In accordance with the collective bargaining agreement applicable to the emergent employee; or
(iii) If applicable, in accordance with § 6–202 of this title.
(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.
(2) A contracting agency is authorized to share an employment history review required under subsection (c) of this section with other contracting agencies.
(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:
(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
(ii) Provides information about any employment subsequent to the previous employment history review by the current or former county board or nonpublic school.
(2) A contracting agency 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 contracting agency and the applicant:
(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
(ii) Provides information about any employment subsequent to the previous employment history review by the contracting agency.
(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.
(ii) An employment history review of a substitute employee shall remain valid as long as the substitute employee continues to be employed by the same county board or remains on the approved substitute employee list of the nonpublic school or contracting agency.
(2) If a substitute employee is seeking to be added to the substitute employee list of another county board, nonpublic school, or contracting agency, a new employment history review in accordance with subsection (c) of this section is required.
(3) The appearance of a substitute employee on the substitute employee list of one county board, nonpublic school, or contracting agency does not relieve another county board, nonpublic school, or contracting agency of the duty of compliance with this section.
(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.
(5) A contracting agency, an intermediate unit, or any other entity providing substitute staffing services to a school entity shall comply with the provisions of this section.
(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:
1. At the time of the initial hiring of the employee; or
2. Before the employee is assigned to work for a school entity in a position involving direct contact with minors.
(ii) The employment history review under subparagraph (i) of this paragraph shall remain valid as long as the employee continues to be employed by the hiring contracting agency.
(iii) A contracting agency shall:
1. Maintain a record of each employee’s employment history review required under this subsection; and
2. On request of the school entity to which an employee is assigned, provide access to the contracting agency’s records of that employee.
(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.
(ii) A contracting agency may not assign an employee to perform work for a school entity in a position involving direct contact with minors if the school entity objects to the assignment after receiving the notice required under subparagraph (i) of this paragraph.
(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.
(2) A county board, nonpublic school, or contracting agency that receives information and records from an employer about an applicant under this section may:
(i) Use the information and records for the purpose of evaluating the applicant’s fitness to be hired or for continued employment; and
(ii) Report the information to the Department, a State licensing agency, a law enforcement agency, a child protective services agency, another school entity, or any other prospective employer, as appropriate.
(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:
(i) Has the effect of suppressing information relating to an investigation or disciplinary action in response to a report of suspected child sexual abuse or sexual misconduct by a current or former employee;
(ii) Affects the ability of the county board, nonpublic school, or contracting agency to report suspected child sexual abuse or sexual misconduct to the appropriate authorities; or
(iii) Requires the county board, nonpublic school, or contracting agency to expunge information about allegations or findings of suspected child sexual abuse or sexual misconduct from any document maintained by the employer unless the investigation resulted in a finding by:
1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
A. State law; or
B. The policies of the county board or nonpublic school;
4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out.
(2) A provision of an employment contract, an agreement for resignation or termination, or a severance agreement that is executed, amended, or entered into on or after July 1, 2019, and that is contrary to this section is void and unenforceable.
(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:
(i) Acted with actual malice toward the employee or former employee; or
(ii) Intentionally or recklessly disclosed false information about the employee or former employee.
(2) The immunity from liability under paragraph (1) of this subsection shall be in addition to, and not a limitation of, any other immunity provided by law or any absolute or conditional privilege applicable to the disclosure of information or records or the applicant’s consent to the disclosure.
(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.
(ii) An employer or a former employer may not be held liable for failure to respond to a request for information about an applicant under this section if:
1. The laws of the state in which the employer or former employer is located prohibit the release of the information or records requested; or
2. The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019.
(3) (i) Notwithstanding any other provision of law, the Department may initiate disciplinary action before a hearing officer in accordance with the Department’s regulations against an applicant, an employee, a contracting agency, or a school administrator for willful violations of this section.
(ii) The Department may adopt regulations establishing procedures for disciplinary proceedings and the assessment of penalties in accordance with this section.
(o) Nothing in this section shall be construed:
(1) To prevent a county board, nonpublic school, or contracting agency from:
(i) Conducting further investigations of prospective employees;
(ii) Requesting applicants to provide additional background information or authorizations beyond the information or authorizations required under this section; or
(iii) Requesting that an employer or a former employer provide more information than is required under this section;
(2) To relieve a county board, a nonpublic school, a contracting agency, or any other mandated reporter of the legal responsibility to report suspected incidents of child sexual abuse or sexual misconduct in accordance with State law or the reporting requirements of the Department; or
(3) To prohibit the right of an exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee’s termination or discipline for just cause or for the causes set forth in this section.
§6–113.2. // EFFECTIVE JUNE 30, 2026 PER CHAPTERS 197 AND 198 OF 2021 //
(a) (1) In this section the following words have the meanings indicated.
(2) “Child sexual abuse” has the meaning stated in § 6–113.1 of this subtitle.
(3) “Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.
(4) “Direct contact with minors” means the care, supervision, guidance, or control of, or routine interaction with, a minor.
(5) “Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under this section.
(6) “School” means a public or nonpublic school.
(7) “Sexual misconduct” has the meaning stated in § 6–113.1 of this subtitle.
(b) A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:
(1) The contact information of the following employers:
(i) The current employer;
(ii) All former school employers, including employers for which the applicant was an emergent employee; and
(iii) All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors within the previous 10 years;
(2) A written consent form, signed by the applicant, authorizing an employer listed under item (1) of this subsection to release all records relating to child sexual abuse or sexual misconduct; and
(3) A written statement of whether the applicant:
(i) Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:
1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
A. State law; or
B. The policies of the county board or nonpublic school;
4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out;
(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
(iii) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.
(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:
(1) Review an applicant’s employment history by contacting the employers listed by the applicant under subsection (b)(1) of this section and requesting the following information:
(i) The dates of employment of the applicant; and
(ii) Answers to the questions regarding child sexual abuse or sexual misconduct required under subsection (b)(3) of this section; and
(2) Request a report from the Department regarding the applicant’s eligibility for employment or certification status to determine whether the applicant:
(i) Holds a valid and active certification appropriate for the position and is otherwise eligible for employment; and
(ii) Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.
(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.
(3) An employer that receives a request for additional information under paragraph (1) of this subsection shall provide the additional information within 60 days of the date of the prospective employer’s request to:
(i) The requesting county board, nonpublic school, or contracting agency; and
(ii) The applicant who is under consideration for employment.
(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:
(i) The applicant has provided all the information and supporting documentation required under this section;
(ii) An employer has no knowledge of information regarding the applicant that would disqualify the applicant from employment;
(iii) The applicant swears or affirms that the applicant is not disqualified from employment; and
(iv) The applicant is not authorized to work alone with minors unless the applicant:
1. Works in the immediate vicinity of a permanent employee; or
2. If the applicant is a school vehicle driver, is subject to audio and video monitoring and recording, which is promptly reviewed by school administrators.
(2) Based on the employment history review required under subsection (c) of this section, at any time within 60 days after hiring an applicant as an emergent employee, the county board or nonpublic school may:
(i) Rescind the offer of employment; or
(ii) Complete the emergent employee’s hiring process, in accordance with the provisions of this title, with any executed contract reflecting the first day worked as an emergent employee.
(3) Within 60 days after hiring an applicant as an emergent employee, a county board’s decision to dismiss the emergent employee, for any reason other than child sexual abuse or sexual misconduct, may be appealed:
(i) In accordance with § 4–205 of this article;
(ii) In accordance with the collective bargaining agreement applicable to the emergent employee; or
(iii) If applicable, in accordance with § 6–202 of this title.
(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.
(2) A contracting agency is authorized to share an employment history review required under subsection (c) of this section with other contracting agencies.
(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:
(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
(ii) Provides information about any employment subsequent to the previous employment history review by the current or former county board or nonpublic school.
(2) A contracting agency 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 contracting agency and the applicant:
(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and
(ii) Provides information about any employment subsequent to the previous employment history review by the contracting agency.
(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.
(ii) An employment history review of a substitute employee shall remain valid as long as the substitute employee continues to be employed by the same county board or remains on the approved substitute employee list of the nonpublic school or contracting agency.
(2) If a substitute employee is seeking to be added to the substitute employee list of another county board, nonpublic school, or contracting agency, a new employment history review in accordance with subsection (c) of this section is required.
(3) The appearance of a substitute employee on the substitute employee list of one county board, nonpublic school, or contracting agency does not relieve another county board, nonpublic school, or contracting agency of the duty of compliance with this section.
(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.
(5) A contracting agency, an intermediate unit, or any other entity providing substitute staffing services to a school entity shall comply with the provisions of this section.
(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:
1. At the time of the initial hiring of the employee; or
2. Before the employee is assigned to work for a school entity in a position involving direct contact with minors.
(ii) The employment history review under subparagraph (i) of this paragraph shall remain valid as long as the employee continues to be employed by the hiring contracting agency.
(iii) A contracting agency shall:
1. Maintain a record of each employee’s employment history review required under this subsection; and
2. On request of the school entity to which an employee is assigned, provide access to the contracting agency’s records of that employee.
(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.
(ii) A contracting agency may not assign an employee to perform work for a school entity in a position involving direct contact with minors if the school entity objects to the assignment after receiving the notice required under subparagraph (i) of this paragraph.
(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.
(2) A county board, nonpublic school, or contracting agency that receives information and records from an employer about an applicant under this section may:
(i) Use the information and records for the purpose of evaluating the applicant’s fitness to be hired or for continued employment; and
(ii) Report the information to the Department, a State licensing agency, a law enforcement agency, a child protective services agency, another school entity, or any other prospective employer, as appropriate.
(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:
(i) Has the effect of suppressing information relating to an investigation or disciplinary action in response to a report of suspected child sexual abuse or sexual misconduct by a current or former employee;
(ii) Affects the ability of the county board, nonpublic school, or contracting agency to report suspected child sexual abuse or sexual misconduct to the appropriate authorities; or
(iii) Requires the county board, nonpublic school, or contracting agency to expunge information about allegations or findings of suspected child sexual abuse or sexual misconduct from any document maintained by the employer unless the investigation resulted in a finding by:
1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;
2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;
3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:
A. State law; or
B. The policies of the county board or nonpublic school;
4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or
5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out.
(2) A provision of an employment contract, an agreement for resignation or termination, or a severance agreement that is executed, amended, or entered into on or after July 1, 2019, and that is contrary to this section is void and unenforceable.
(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:
(i) Acted with actual malice toward the employee or former employee; or
(ii) Intentionally or recklessly disclosed false information about the employee or former employee.
(2) The immunity from liability under paragraph (1) of this subsection shall be in addition to, and not a limitation of, any other immunity provided by law or any absolute or conditional privilege applicable to the disclosure of information or records or the applicant’s consent to the disclosure.
(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.
(ii) An employer or a former employer may not be held liable for failure to respond to a request for information about an applicant under this section if:
1. The laws of the state in which the employer or former employer is located prohibit the release of the information or records requested; or
2. The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019.
(3) (i) Notwithstanding any other provision of law, the Department may initiate disciplinary action before a hearing officer in accordance with the Department’s regulations against an applicant, an employee, a contracting agency, or a school administrator for willful violations of this section.
(ii) The Department may adopt regulations establishing procedures for disciplinary proceedings and the assessment of penalties in accordance with this section.
(o) Nothing in this section shall be construed:
(1) To prevent a county board, nonpublic school, or contracting agency from:
(i) Conducting further investigations of prospective employees;
(ii) Requesting applicants to provide additional background information or authorizations beyond the information or authorizations required under this section; or
(iii) Requesting that an employer or a former employer provide more information than is required under this section;
(2) To relieve a county board, a nonpublic school, a contracting agency, or any other mandated reporter of the legal responsibility to report suspected incidents of child sexual abuse or sexual misconduct in accordance with State law or the reporting requirements of the Department; or
(3) To prohibit the right of an exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee’s termination or discipline for just cause or for the causes set forth in this section.
Md. Code, Education § 6-114
The State Superintendent, a county board, or a county superintendent may not print or have printed a teacher’s or other employee’s Social Security number on any type of identification card.
Md. Code, Education § 6-115
(a) Subject to the requirements of this section, the Department may assign a unique identification number to each teacher employed by a public school in the State.
(b) The identification number must be randomly generated and may not provide personally identifiable information about the individual to whom it is assigned.
(c) The identification number shall be limited to use in reporting for educational purposes only:
(1) To match data from multiple data collections and years; and
(2) To meet State and federal reporting requirements.
Md. Code, Education § 6-116
(a) (1) In this section the following words have the meanings indicated.
(2) “Eligible school” means a public school identified for restructuring under the accountability regulations of the State Board.
(3) “Employer school system” means the local school system where an applicant to the Program is employed at the time of selection as a fellow.
(4) “Fellow” means an individual selected to participate in the Program.
(5) “Program” means the Principal Fellowship and Leadership Development Program.
(6) “Receiving school” means a public school where a fellow is placed.
(7) “Receiving school system” means the local school system in which the public school where a fellow is placed is located.
(b) There is a statewide elementary and secondary education Principal Fellowship and Leadership Development Program in the Department.
(c) (1) The Department shall develop criteria for the selection of:
(i) Fellows; and
(ii) Receiving schools.
(2) Subject to the approval of the State Board, the State Superintendent may require a school system in corrective action to participate in the Program.
(3) A principal in a local school system in the State may not participate in the Program in an eligible school within the same local school system.
(4) (i) A county superintendent may nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within a different local school system.
(ii) A county superintendent may not nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within the local school system.
(5) The placement of a fellow in an eligible school satisfies the alternative governance requirement of the accountability regulations of the State Board.
(d) (1) A fellow shall receive an annual compensation that consists of:
(i) A salary at the level and step the fellow would have received according to the salary scale of the employer school system; and
(ii) A $20,000 annual stipend.
(2) For each year of the fellow’s placement in a receiving school, the Department shall issue a grant to the receiving school system in an amount that covers:
(i) The annual stipend; and
(ii) If the fellow’s salary at the level and step on the salary scale of the receiving school system as of July 1 is less than that of the level and step on the salary scale of the employer school system, the amount of the difference.
(3) The receiving school system shall reimburse the employer school system for:
(i) The salary of the fellow;
(ii) The annual stipend; and
(iii) The fringe benefit costs associated with the fellow’s annual salary including the stipend.
(e) (1) Each year the State Superintendent shall select from a list of qualified applicants a maximum of 10 fellows and place them in public schools identified for restructuring in accordance with the selection criteria.
(2) Each fellow shall make a commitment to serve for 3 years if selected.
(f) (1) Subject to the approval of both the State Superintendent and the county superintendent, the fellow may select, from among qualified employees of the receiving school system, the assistant principals in the receiving school where the fellow is placed.
(2) In order to address orderly succession in school leadership, the fellow shall, subject to the approval of both the State Superintendent and the county superintendent of the receiving school system, select a qualified employee of the receiving school system, on or before the start of the third year of the fellow’s placement, to serve as the assistant principal in the receiving school who will assume leadership of the school after the fellow’s departure.
(3) Provided that the assistant principal selected under paragraph (2) of this subsection has demonstrated satisfactory performance, the assistant principal shall become the principal of the school after the departure of the fellow.
(g) The Department shall act as a fiscal agent for State funds appropriated under this section.
Md. Code, Education § 6-117
(a) (1) The Department shall develop guidelines for the establishment of comprehensive induction programs for new teachers.
(2) In developing the guidelines under paragraph (1) of this subsection, the Department shall consult with local school systems and the Maryland Education Deans and Directors Council.
(b) The guidelines shall:
(1) Include provisions concerning the following:
(i) Mentoring; and
(ii) Professional development training and support; and
(2) Incorporate the framework of the Teacher Induction, Retention, and Advancement Pilot Program.
(c) (1) Subject to paragraph (2) of this subsection, a mentor teacher for a teacher in an induction program shall be a highly competent teacher selected by the local school system who will work to instill in the teacher the skills and knowledge for the next generation of teachers.
(2) After the career ladder system established under Subtitle 10 of this title is well established, mentor teachers will be selected using criteria from the career ladder system.
Md. Code, Education § 6-118
(a) (1) In this section the following words have the meanings indicated.
(2) “Eligible school” means a Maryland public school that is a:
(i) Title I school; or
(ii) School identified for school improvement, corrective action, or restructuring under the accountability regulations of the State Board.
(3) “NBC teacher” means a teacher who is certified by the National Board for Professional Teaching Standards.
(4) “Program” means the National Board Certified Teacher Pilot Program.
(b) There is a National Board Certified Teacher Pilot Program in the State.
(c) (1) To participate in the Program an eligible school in the State must have at least three teachers who have:
(i) Agreed to pursue certification by the National Board for Professional Teaching Standards; and
(ii) Signed a letter of intent to teach at the school for 3 years.
(2) (i) The State Superintendent shall select three public school systems to participate in the Program for a period of 3 years.
(ii) In consultation with the respective county board, the State Superintendent shall select five eligible schools from among the school systems selected to participate in the Program.
(3) (i) A county board shall give preference to an NBC teacher in employing a staff development teacher at an eligible school.
(ii) The State may reimburse the county board for the board’s cost of employing one staff development teacher at an eligible school, not to exceed $62,000 annually.
(4) Candidates for National Board certification under this subsection shall be included in the State and local aid program for certification by the National Board of Professional Teaching Standards established under § 6–112 of this subtitle.
(d) For fiscal years 2008 through 2010, the Governor shall include in the annual budget submission $320,000 for the Program.
(e) The State Board shall adopt regulations to implement and administer the Program established under this section.
Md. Code, Education § 6-119
(a) The State Board shall develop guidelines for an incentive program to encourage public school systems to:
(1) Adopt a teacher support system that provides year-long assistance and support to teachers through a teacher consulting program in which consulting teachers are fully trained and apply rigorous teaching standards; and
(2) Improve teacher retention during the first 5 years of service.
(b) In developing the guidelines under subsection (a) of this section, the State Board shall conduct an assessment of the advisability and feasibility of providing competitive grants to county boards to assist in the development and implementation of a teacher support incentive program.
(c) It is the intent of the General Assembly that, if money becomes available, the Governor include an appropriation in the State budget for grants for teacher support incentive programs established in accordance with the guidelines developed under this section.
Md. Code, Education § 6-120
(a) (1) In this section the following words have the meanings indicated.
(2) “Alternative teacher preparation program” means a program:
(i) Established by a county board, an institution of higher education, or a nonprofit organization and approved by the State Superintendent;
(ii) That leads to a participant receiving a Resident Teacher Certificate issued by the Department; and
(iii) That includes teaching assignments with supervision and mentoring by a qualified teacher.
(3) “Eligible prekindergarten provider” has the meaning stated in § 7–1A–01 of this article.
(4) “Partner school” means a local school system, nonpublic school, nonpublic special education school, or eligible prekindergarten provider that has a written partnership agreement with an institution of higher education or alternative teacher preparation program to provide a teacher training practicum for participants enrolled in a teacher preparation program at the institution of higher education or alternative teacher preparation program.
(b) (1) Each participant in an undergraduate and a graduate teacher preparation program shall complete a teacher training practicum as a requirement for graduation.
(2) Except as provided in paragraph (3) of this subsection, an alternative teacher preparation program shall require each participant to successfully complete a teacher training practicum.
(3) (i) An alternative teacher preparation program for an early childhood education certification shall require each participant to successfully:
1. Complete a teacher training practicum; or
2. Satisfy criteria established by the Department under subparagraph (ii) of this paragraph that evaluate the knowledge and skills from prior learning relating to early childhood education.
(ii) The Department, in collaboration with institutions of higher education, shall establish standards for and criteria to evaluate the knowledge and skills from prior learning relating to early childhood education, including from a registered apprenticeship.
(c) (1) A teacher training practicum for a participant in:
(i) An undergraduate teacher preparation program shall be:
1. A minimum of 100 days; and
2. Beginning on or before July 1, 2025, equivalent to one full school year; and
(ii) A graduate teacher preparation program:
1. Shall be for a minimum of 100 days; or
2. May be up to the equivalent of one full school year, at the discretion of the institution of higher education.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a teacher training practicum in an alternative teacher preparation program shall have a duration of:
1. Beginning on or before July 1, 2022, a minimum of 100 days; and
2. Beginning July 1, 2025, a minimum of the equivalent of one full school year.
(ii) 1. This subparagraph applies only to an alternative teacher preparation program operating in the State on or before July 1, 2021, that provides effective and diverse teachers in schools and local school systems, as approved by the State Superintendent, that have high rates, relative to other public schools in the State, of:
A. Teacher vacancies;
B. Teacher turnover; and
C. New teachers.
2. Beginning July 1, 2025, the duration of a teacher training practicum in an alternative teacher preparation program shall be a minimum of 100 days.
(3) The minimum duration of a teacher training practicum may be completed consecutively or over the course of the teacher preparation program.
(d) A teacher training practicum in an alternative teacher preparation program shall include, at minimum, the following content:
(1) Preparing lesson plans;
(2) Teaching;
(3) Debriefing;
(4) Observation of a class of students to which the participant is assigned as a student teacher; and
(5) 40 hours of teaching during class periods.
(e) (1) (i) Subject to subparagraph (ii) of this paragraph, a teacher training practicum shall be established through a written partnership agreement between a partner school and an institution of higher education or alternative teacher preparation program.
(ii) In establishing a teacher training practicum, an institution of higher education or alternative teacher preparation program shall prioritize selecting partner schools in the same community as the institution of higher education or alternative teacher preparation program.
(2) The instructional program and work organization of a partner school shall be designed to reflect the career ladder developed under Subtitle 10 of this title.
(3) An institution of higher education or alternative teacher preparation program and a partner school shall seek to provide teacher training practicum placements in a variety of school environments with diverse student populations that provide participants with the same kind of experiences as teachers employed in the State.
(4) (i) Subject to subparagraph (ii) of this paragraph, a mentor teacher for a participant in a teacher training practicum shall be a highly competent teacher, trained and selected by the partner school, who will work to instill in the participant the skills, attitudes, values, and knowledge necessary for the next generation of teachers.
(ii) When the Accountability and Implementation Board established under § 5–402 of this article determines that the career ladder system under Subtitle 10 of this title is well established throughout the State, mentor teachers will be selected using criteria from the career ladder system.
(5) A partner school shall:
(i) Assist an institution of higher education or alternative teacher preparation program in finding teacher training practicum placements for participants; and
(ii) 1. Subject to item 2 of this item, compensate mentor teachers who supervise participants in a teacher training practicum; and
2. When the Accountability and Implementation Board established under § 5–402 of this article determines that the career ladder system under Subtitle 10 of this title is well established throughout the State, compensate mentor teachers according to the career ladder system.
(6) An institution of higher education or alternative teacher preparation program shall collaborate with mentor teachers of a partner school to evaluate participants in a teacher training practicum to ensure each participant demonstrates the competencies required of certified teachers.
(7) A partner school or a teacher preparation program may apply to the Department for a grant from the Teacher Collaborative Grant Program under § 6–123 of this subtitle for development of a teacher training practicum.
(f) The Department and the Maryland Higher Education Commission may authorize a teacher preparation program or an alternative teacher preparation program to establish an apprenticeship program registered with the Maryland Department of Labor.
(g) The State Board and the Professional Standards and Teacher Education Board shall, in consultation with the Accountability and Implementation Board established under § 5–402 of this article, adopt regulations to implement the provisions of this subsection.
Md. Code, Education § 6-121
(a) A teacher preparation program shall:
(1) Include the following components of instruction:
(i) Basic research skills and methods and training on the routine evaluation and use of research and data to improve student performance;
(ii) Differentiation of instruction and demonstration of cultural competence for students of diverse racial, ethnic, linguistic, and economic backgrounds with different learning abilities;
(iii) Implementation of restorative approaches for student behaviors;
(iv) Identifying and assessing, in the context of the classroom, typical student learning deficits and techniques to remedy learning deficits;
(v) Recognizing and effectively using high quality instructional materials, including digital resources and computer technology;
(vi) Core academic subjects that teachers will be teaching;
(vii) Methods and techniques for identifying and addressing the social and emotional needs of students, including trauma–informed approaches to pedagogy;
(viii) Skills and techniques for effective classroom management; and
(ix) Training in the skills and techniques for teaching effectively in a virtual learning environment, including the use of online curriculum;
(2) Require program participants to demonstrate competency in each of the components required under item (1) of this subsection; and
(3) Provide training in the knowledge and skills required to understand and teach the Maryland curriculum frameworks.
(b) Each teacher preparation program shall incorporate classroom observations in which the program participant is observed in different school settings at the beginning of the teacher preparation program to assist a program participant in determining if the program participant has the aptitude and temperament for teaching.
(c) A teacher preparation program shall develop a method for regularly communicating and collaborating with local school systems, including, if necessary, through financial memoranda of understanding, to strengthen teacher preparation, induction, and professional development programs.
(d) (1) An institution of higher education that offers graduate level courses in school administration shall develop:
(i) A method for evaluating the potential of program participants to be effective school leaders; and
(ii) A curriculum to enable school leaders to organize and manage schools to achieve the effectiveness of top–performing schools or school systems, including:
1. Management of highly skilled professionals in a professional work environment; and
2. Effective peer observations and effective evaluations of other personnel.
(2) These courses shall include clinical experience and assessments to determine whether participants demonstrate competency in these areas.
(e) An institution of higher education:
(1) May, if the institution of higher education shows cause, expand the total number of credit hours required to graduate from an undergraduate teacher preparation program by up to 12 credits; and
(2) May not require a number of credit hours in excess of 132 total credit hours to graduate from an undergraduate teacher preparation program.
(f) To further support and strengthen the profession of teaching in the State, the Department shall:
(1) Provide technical assistance and other supports to teacher preparation programs at institutions of higher education in the State;
(2) Develop a systemic method of providing feedback to teacher preparation programs to ensure that institutions of higher education have the most current information about the content, composition, and expectations for teachers of prekindergarten through 12th grade classes;
(3) Assist teacher preparation programs in seeking and retaining highly qualified individuals, including individuals from groups historically underrepresented in the teaching profession;
(4) In consultation with the Maryland Higher Education Commission, establish specific goals for the recruitment and retention of teachers in teacher preparation programs throughout the State; and
(5) Work with teacher preparation programs that fail to meet the goals established under item (4) of this subsection to develop an action plan that demonstrates how the teacher preparation program will meet the goals.
(g) The State Board and the Professional Standards and Teacher Education Board shall, in consultation with the Accountability and Implementation Board established under § 5–402 of this article, adopt regulations to carry out the provisions of this section.
Md. Code, Education § 6-122
(a) Except as provided in § 6–704.1 of this title and beginning on or before July 1, 2018, the State Board shall require all certificated school personnel who have direct contact with students on a regular basis to complete training on or before December 1 each year, by a method determined by each county board, in the skills required to:
(1) Understand and respond to youth suicide risk;
(2) Identify professional resources to help students in crisis;
(3) Recognize student behavioral health issues;
(4) Recognize students experiencing trauma or violence out of school and refer students to behavioral health services; and
(5) If the school is a community school, support any students needing the services at a community school.
(b) The training required under subsection (a) of this section shall be:
(1) Provided to certificated school personnel during an in–service program; or
(2) A professional development requirement that may be met during time designated for professional development.
(c) The State Board shall adopt regulations to implement this section.
(d) (1) This section may not be construed to impose a duty of care on certificated school personnel who complete training under subsection (a) of this section.
(2) Unless the acts or omissions of a certificated school employee who completed training under subsection (a) of this section are willful, wanton, or grossly negligent, a person may not bring an action against the county board for personal injury or wrongful death caused by any act or omission resulting from:
(i) Any training or lack of training of certificated school personnel under subsection (a) of this section; or
(ii) The implementation of the training required under subsection (a) of this section.
Md. Code, Education § 6-123
(a) (1) In this section the following words have the meanings indicated.
(2) “Collaborative” means a signed agreement outlining commitments of a partnership among at least one county board, one teacher preparation program, and one exclusive employee representative to improve teacher education to prepare teachers for higher teacher standards and integrate teacher induction, professional development, and advancement to meet the goals of the January 2019 Interim Report of the Commission on Innovation and Excellence in Education established under Chapters 701 and 702 of the Acts of the General Assembly of 2016.
(3) “Exclusive employee representative” means an employee organization designated as the exclusive representative of all public school employees in a county.
(4) “Program” means the Teacher Collaborative Grant Program.
(5) “Public school employee” has the meaning stated in § 6–401 of this title.
(6) “Teacher preparation program” means a program of undergraduate or graduate studies that:
(i) Prepares an individual to teach; and
(ii) Is offered at an institution of higher education in the State that is accredited or approved to operate under this article.
(b) (1) There is a Teacher Collaborative Grant Program.
(2) The purpose of the Program is to:
(i) Provide funds for collaboratives to develop state–of–the–art professional education for prospective and current teachers that reflects international and national best practices; and
(ii) Award grants to multiple collaboratives in various regions of the State that will develop model professional development programs that can be replicated in local school systems throughout the State.
(3) The Department shall administer the Program in consultation with the Maryland Higher Education Commission.
(c) (1) A county board or teacher preparation program may submit an application to the Department to receive a grant to form a teacher collaborative that is in furtherance of the purpose of the Program.
(2) To be eligible for a grant, an application shall identify a signed partnership agreement among at least one county board, one teacher preparation program, and one exclusive employee representative to form a teacher collaborative to design and implement at least two of the following:
(i) A 21st–century practicum for teacher candidates to gain teaching experience in the classroom;
(ii) A professional development program for existing teachers; and
(iii) A peer assistance and review program to support:
1. Induction and mentoring programs for new teachers and struggling teachers; and
2. Effective teacher evaluation systems.
(3) A practicum design developed under the Program shall require:
(i) Prospective teachers to complete a full school year of practical teaching experience before completing a teacher preparation program that:
1. Shall be completed within the existing degree requirements to graduate from the teacher preparation program, if possible; and
2. May be completed at any time during the teacher preparation program as determined by the collaborative;
(ii) A county board and teacher preparation program jointly to identify a placement for a teacher candidate and compensate a mentor teacher to supervise and coach the teacher candidate;
(iii) Public schools offering the practicum to:
1. Be organized in a career ladder system; and
2. Consist of diverse student bodies that reflect the diversity of public schools in the State or the geographic area where the school is located;
(iv) Members of the public school faculty who are professor master teachers on the career ladder to hold appointments to teach as clinical or adjunct faculty at the teacher preparation program;
(v) Members of the public school faculty who are lead teachers or master teachers on the career ladder to be responsible for designing the public school’s induction and mentoring program for new teachers and struggling teachers; and
(vi) Members of the public school faculty and the teacher preparation program faculty to be fully trained to understand and implement international and national best practices for teacher preparation and professional development.
(4) A professional development program developed under the Program shall provide training and education in one or more of the following:
(i) Culturally responsive pedagogy, content knowledge, and best practices in teaching diverse students and communicating with diverse student families, including individuals of all races, religions, sexual orientations, and gender identities;
(ii) Evaluation and effective use of research, data, and high–quality instructional materials, including digital resources and technology, to improve student performance;
(iii) Effective management of student behavior, including training in the use of restorative practices and trauma–informed approaches to meet student needs;
(iv) Conducting assessments of typical learning challenges for a student and methods to help the student overcome those challenges, including effective tools and strategies to meet the needs of students with disabilities and implement individualized education programs and 504 plans; and
(v) Recognition of student mental health disorders.
(5) (i) A peer assistance and review program developed under the Program shall use:
1. Lead teachers or master teachers on the career ladder to mentor new teachers and support existing teachers who are struggling or low performing; and
2. An effective teacher evaluation system to provide rigorous, reliable, and relevant feedback for educators.
(ii) A teacher evaluation system developed under this paragraph shall:
1. Define the knowledge and skills expected of a teacher;
2. Utilize documented performance measures to provide personalized feedback that is aligned with the teacher’s strengths, needs, and professional learning context; and
3. Use a peer observation–based process to evaluate a teacher that:
A. Can be linked to student learning outcomes;
B. Requires the competency of the evaluator to be assessed;
C. Requires stakeholders, teachers and teacher candidates, and evaluators to be fully trained to understand the evaluation process; and
D. Includes postobservation conferences between the teacher and evaluator to encourage reflection of the teacher’s teaching practice.
(6) An application shall include:
(i) A description of at least two of the proposed:
1. Practicum design for teacher candidates;
2. Professional development program for existing teachers; or
3. Peer assistance and review program;
(ii) Evidence that the teacher preparation program in the collaborative submitted a grant application to a national program, if applicable, to increase the quality and diversity of the teacher candidate population; and
(iii) Any other information required by the Department.
(d) (1) The Department shall establish processes and procedures for accepting and evaluating applications.
(2) Grants shall be awarded on a competitive basis.
(3) The Department shall make awards in a timely fashion.
(4) The Department shall ensure to the extent practicable geographic diversity among the grantees.
(5) A grant made under this section may be renewed by the Department after a 3–year period unless performance criteria indicate that the teacher collaborative has not made sufficient progress in implementing the programs specified in the application.
(e) (1) The Department shall conduct an evaluation at least once during each grant period of the practicum designs, professional development programs, and peer assistance and review programs in the Program to determine whether to recommend that one or multiple programs should be replicated throughout the State.
(2) The Department shall establish criteria for the evaluation, including the type and format of data to be collected by a teacher collaborative.
(f) (1) For each of fiscal years 2020 through 2024, the State shall distribute at least $2,500,000 to the Department for the Teacher Collaborative Grant Program.
(2) The Department may retain up to 3% of the appropriation required under this subsection to hire staff necessary to administer the Program.
(g) On or before December 1, 2019, and annually through December 1, 2024, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:
(1) The number of grant applications received under the Program;
(2) The number of grants awarded under the Program; and
(3) The current status of each grantee and the grantee’s activities funded under the Program.
Md. Code, Education § 6-124
(a) (1) The Department shall establish, in collaboration with the Accountability and Implementation Board established under § 5–402 of this article, a school leadership training program for the State Superintendent, county superintendents, senior instruction–related staff, members of the Accountability and Implementation Board, members of the State Board, members of county boards, and school leaders.
(2) The school leadership training program consists of two components:
(i) The school system leadership training program; and
(ii) The Maryland school leadership academy.
(b) (1) The following individuals shall complete the school system leadership training program:
(i) The State Superintendent;
(ii) A county superintendent; and
(iii) The chair and vice chair of the State Board, a county board, and the Accountability and Implementation Board.
(2) The school system leadership training program shall be:
(i) For a duration of 12 months;
(ii) Cohort–based to encourage collaboration and shared learning, including through regional gatherings of education leaders and other meetings when appropriate;
(iii) To the extent practicable, job–embedded to allow for application of knowledge and techniques;
(iv) Tailored to program participants using self–diagnostics and school–level diagnostics;
(v) Evidence–based in accordance with the guidelines for the federal Every Student Succeeds Act;
(vi) Provided through both in–person and virtual sessions; and
(vii) Include training on the Blueprint for Maryland’s Future, as defined in § 5–401 of this article.
(3) The school system leadership training program shall include:
(i) A review of education in the United States relative to countries with top performing education systems and the implications of high performance for students, the economic security of the United States, and quality of life;
(ii) A model for strategic thinking that will assist education leaders to transform districts and redesign schools under their leadership;
(iii) Training to provide a working knowledge of research on how students learn and the implications for instructional redesign, curriculum plans, and professional learning;
(iv) A research–based model for coaching school leaders and instructional coaches;
(v) A review of research regarding:
1. The benefits to students from access to high–quality and diverse teachers;
2. Methods to attract highly qualified teachers from diverse backgrounds who reflect the demographics of the students they teach; and
3. Best practices for teacher retention, including retention of teachers from diverse backgrounds;
(vi) Lessons in transformational leadership;
(vii) A method for organizing schools to achieve high performance, including:
1. Building instructional leadership teams;
2. Implementing career ladders for teachers;
3. Overseeing teacher induction and mentoring systems; and
4. Identifying, recruiting, and retaining high–quality and diverse school leaders;
(viii) Training to provide a deep understanding of standards–aligned instructional systems;
(ix) An overview of ethical leadership directly tied to the educational leaders’ responsibility to drive equitable learning in their schools; and
(x) A review of research regarding methods to attract and retain an inclusive workforce.
(c) (1) (i) The following individuals may complete the Maryland school leadership academy:
1. School principals;
2. School assistant principals;
3. School–based or county board leaders interested in developing the instructional leadership skills to become an effective school principal or assistant principal; and
4. Other individuals the Department or county board determines could benefit from the academy.
(ii) School leaders who work in or are interested in transferring to a community school or a low–performing school shall be given priority in participating in the academy.
(2) The Maryland school leadership academy:
(i) Shall be:
1. For a duration of 12 months;
2. Cohort–based to encourage collaboration and shared learning;
3. To the extent practicable, job–embedded to allow for application of knowledge and techniques;
4. Tailored to participants using self–diagnostics and school–level diagnostics;
5. Evidence–based in accordance with the guidelines for the federal Every Student Succeeds Act; and
6. Provided through both in–person and virtual sessions; and
(ii) Shall include training on best practices and strategies used by highly effective school leaders that will enable school leaders to implement components of the Blueprint for Maryland’s Future, as defined in § 5–401 of this article.
(3) The Maryland school leadership academy shall include:
(i) Strategic planning and change management to transform and redesign schools;
(ii) Instructional leadership, including:
1. Alignment between standards, assessments, and internalizing curriculum;
2. Lesson observations, providing feedback, and teacher coaching; and
3. Data–informed instruction and driving equitable learning outcomes across student groups;
(iii) Best practices for facilitating professional learning among teachers;
(iv) Methods for recruiting and retaining highly qualified teachers and teachers from diverse backgrounds who reflect the demographics of the students they teach;
(v) A method for organizing schools to achieve high performance, including:
1. Building instructional leadership teams;
2. Utilizing teachers on the career ladder; and
3. Master scheduling; and
(vi) Strategies for effective peer mentorship.
(4) (i) The Maryland school leadership academy may include a mentorship component for participants.
(ii) Effective school leaders shall be selected to serve as mentors.
(iii) Mentors may be paid a stipend to participate in the academy.
Md. Code, Education § 6-125
(a) (1) The Department shall determine whether the Basic Literacy Skills test approved for initial teacher certification is sufficiently rigorous.
(2) If the Department determines the Basic Literacy Skills test is insufficient under paragraph (1) of this subsection, the Department shall develop a new literacy examination of sufficient rigor.
(3) The Department may not limit the number of times an individual may take the literacy examination developed under this subsection in order to pass.
(b) (1) (i) Beginning after the implementation of the literacy examination under subsection (a) of this section, the Department shall develop and administer challenging, subject–specific examinations tailored to the subjects and grade level at which teachers will teach.
(ii) Subject–specific examinations shall be rigorous, as defined by the Department.
(iii) The Department may not limit the number of times an individual may take a subject–specific examination to pass the examination.
(2) Before a subject–specific examination developed under paragraph (1) of this subsection is administered, the Department shall develop standards for the subject–specific examination and submit the standards to each Department–approved teacher preparation program 1 year before the first year in which the examination is expected to be administered.
(3) A teacher preparation program with standards for a subject–specific examination developed by the Department under paragraph (2) of this subsection shall incorporate the standards into the curriculum of the teacher preparation program in a timely manner.
Md. Code, Education § 6-126
(a) (1) This subsection applies to individuals who have graduated from a teacher preparation program or an alternative teacher preparation program.
(2) Beginning on July 1, 2025, to qualify for an initial certificate an individual shall:
(i) Pass the subject–specific examinations under § 6–125 of this subtitle;
(ii) Meet one of the following qualifications:
1. Subject to paragraph (3) of this subsection, pass:
A. A nationally recognized, portfolio–based assessment of teaching ability; or
B. A portfolio–based assessment of a nationally accredited teacher preparation program; or
2. Subject to paragraph (4) of this subsection, complete a rigorous local school system teacher induction program that lasts for the lesser of:
A. 3 years; or
B. The amount of time a teacher may hold a conditional teacher certificate;
(iii) Meet one of the following qualifications:
1. Pass a basic literacy skills assessment approved by the Department under § 6–125 of this subtitle;
2. Hold a degree from a regionally accredited educational institution and have earned a minimum overall cumulative grade point average of 3.0 on a 4.0 scale or its equivalent on the most recently earned degree; or
3. Submit documentation to the Department of having received effective evaluations from a local school system for 3 years;
(iv) Pass a rigorous State–specific examination of mastery of reading instruction and content for the grade level the individual will be teaching; and
(v) Satisfactorily complete any other requirements established by the State Board.
(3) An individual who graduates from a teacher preparation program in the State who passed a nationally recognized, portfolio–based assessment may not be required to take the assessment more than one time.
(4) (i) In order to satisfy the requirements of paragraph (2)(ii)2 of this subsection, a candidate for an initial teacher certificate shall submit documentation to the Department that the candidate has completed a rigorous comprehensive induction program, established in accordance with § 6–117 of this subtitle, that meets the requirements of this paragraph.
(ii) The comprehensive induction program shall be developed by a local school system, either independently or collaboratively with other local school systems.
(iii) Before establishing a comprehensive induction program, one or more local school systems shall submit a plan for the program to the Department and the Accountability and Implementation Board.
(iv) The comprehensive induction program shall include a locally developed portfolio component that is aligned with the Interstate Teacher Assessment and Support Consortium Standards.
(v) A teacher preparation program or an alternative teacher preparation program may use the locally developed portfolio component under subparagraph (iv) of this paragraph as meeting a portion of the coursework requirements of the program.
(vi) A candidate who satisfactorily completes a comprehensive induction program established in accordance with this paragraph may not be required to pass a nationally recognized, portfolio–based assessment of teaching ability.
(b) In addition to any other requirements established by the State Board, to qualify for a certificate in the State, a teacher who graduated from an institution of higher education in another state or holds a professional license or certificate from another state shall:
(1) Pass an examination of teaching ability within 18 months of being hired by a local school system;
(2) Hold an active National Board Certification from the National Board for Professional Teaching Standards; or
(3) Complete a comprehensive induction program in accordance with subsection (a)(4) of this section.
(c) (1) The Department, after a reasonable period of review and assessment, shall determine whether one of the assessments of teaching skill approved for initial teacher certification under this section more adequately measures the skills and knowledge required of a highly qualified teacher.
(2) If the Department makes a determination under paragraph (1) of this subsection that requires a revision to the statutory requirements for initial teacher certification, the Department shall, in accordance with § 2–1257 of the State Government Article, submit a report to the General Assembly on or before the next September 1 on its recommendations for revising the qualifications for initial teacher certification.
(d) (1) The Department shall actively monitor and assess, during their implementation and development, new teacher standards and assessments produced under this section for any negative impact on the diversity of teacher candidates passing the initial teacher certification assessments.
(2) The Department shall report the results of its monitoring and assessment to the Accountability and Implementation Board established under § 5–402 of this article.
Md. Code, Education § 6-127
(a) In this section, “Montessori school” means:
(1) A public school that uses Montessori instruction as its primary method of instruction; or
(2) A Montessori school approved by the Department.
(b) Subsections (c) and (d) of this section apply only to a candidate for a certificate to teach students in a Montessori school.
(c) An individual is eligible for a certificate to teach students in a Montessori school if the individual:
(1) Holds a valid credential from:
(i) The American Montessori Society;
(ii) The Association Montessori Internationale; or
(iii) A program accredited by the Montessori Accreditation Council for Teacher Education; and
(2) Holds a bachelor’s degree in any field.
(d) (1) The State Board may require an individual to successfully pass an examination to be certified under this section.
(2) Except as provided in paragraph (1) of this subsection, an individual who satisfies the requirements of subsection (c) of this section may not be required to meet any additional requirements to be certified to teach students in a Montessori school.
(e) An individual certified under this section may not teach students in a public school that is not a Montessori school unless the individual meets all other requirements relating to certification of public school teachers.
Md. Code, Education § 6-128
(a) (1) On or before January 1, 2025, the Department shall establish and maintain a Maryland Educator Recruitment, Retention, and Diversity Dashboard.
(2) Subject to paragraph (3) of this subsection, the Dashboard shall include demographic information and key data points regarding:
(i) Certificated and noncertificated personnel in public schools; and
(ii) Prospective educators within teacher preparation programs throughout the State who are participating in teacher internships.
(3) (i) The Dashboard may not include any demographic information that could be used to identify specific individuals.
(ii) Any demographic that is less than 5% of the relevant population may be reported simply as “< 5%”.
(b) (1) On or before December 1, 2024, and each December 1 thereafter, each county board shall report to the Department demographic and job status information on educators employed by, and teacher interns placed in, the public schools within the jurisdiction of the county board during the previous school year.
(2) Each county board shall report the information required under paragraph (1) of this subsection disaggregated by:
(i) School;
(ii) Gender;
(iii) Race;
(iv) Ethnicity;
(v) Average length of service;
(vi) Status on the career ladder established under § 6–1002 of this title;
(vii) Number of educators hired during the reporting period; and
(viii) Attrition rates of educators during the reporting period.
Md. Code, Education § 6-129
(a) (1) The Department shall develop guidelines for an antibias training program for school employees.
(2) The guidelines developed under this subsection shall:
(i) Be inclusive;
(ii) Incorporate lessons in cultural awareness;
(iii) Aim to reduce implicit bias;
(iv) Be culturally responsive to the needs of educators and students;
(v) Raise awareness of biases, prejudices, intolerances, and discrimination faced by African Americans, Native Americans, Asian Americans and Pacific Islanders, Hispanic Americans, and other historically marginalized racial and ethnic minorities;
(vi) Combat prejudices faced by historically marginalized religious minorities, including antisemitism and Islamophobia;
(vii) Seek to achieve schools that are more inclusive and tolerant of students, faculty, and staff regardless of an individual’s race, national origin, marital status, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or disability; and
(viii) Be evidence–based.
(3) In developing the guidelines, the Department shall incorporate lessons learned from real life incidents of discriminatory bullying, harassment, or intimidation reported in accordance with § 7–424 of this article.
(4) The Department periodically shall update the guidelines required under this subsection.
(b) (1) Each county board shall, in consultation with teachers and other public school employees, develop an antibias training based on the guidelines developed under subsection (a) of this section.
(2) If the county board has an antibias training in place before the Department issues its guidelines, the county board shall, in consultation with teachers and other public school employees, update its training to incorporate the practices identified in the guidelines.
(c) (1) Every other year, each county board shall train each public school employee whose job duties include frequent interaction with students using its antibias training.
(2) Antibias training shall be job–embedded, paid professional development training that is provided during nonteaching time.
(3) To the extent practicable, the training shall:
(i) Be offered in a peer–to–peer setting;
(ii) Take a half day or less to complete; and
(iii) Incorporate lessons learned from incidents of bullying, harassment, or intimidation in the county, reported in accordance with § 7–424 of this article.
(d) (1) At least once during the member’s term, each member of a county board shall complete the antibias training developed under subsection (b) of this section.
(2) The training shall be conducted separately from the public school employee training required under subsection (c) of this section.
Md. Code, Education § 6-130
(a) (1) The Department is authorized to establish a national teacher recruitment campaign to bring licensed and prospective teachers to the State.
(2) The campaign shall end on or before July 1, 2029.
(3) The purpose of the campaign is to bring licensed and prospective teachers to the State to reduce the number of conditionally licensed teachers and meet the State’s teacher workforce needs to implement collaborative time.
(b) (1) Beginning July 1, 2025, the Department shall consult with a national education nonprofit that has experience in guiding other state education agencies in targeted, state–based recruitment campaigns.
(2) The entity selected under paragraph (1) of this subsection shall support the Department in the design, implementation, and evaluation of the campaign, including the development of marketing materials and processes to help interested teacher candidates to become a teacher in the State.
(3) The entity shall provide one–to–one mentoring and support services to prospective candidates at no cost to the candidate.
(4) The campaign shall include public service announcement advertising, digital marketing, and direct outreach to encourage candidates to teach in the State.
Md. Code, Education § 6-131
(a) In this section, “Grant” means the Maryland Teacher Relocation Incentive Grant.
(b) (1) There is a Maryland Teacher Relocation Incentive Grant.
(2) The purpose of the Grant is to provide up to $2,000 to incentivize an out–of–state licensed teacher to move to the State in order to:
(i) Address the State’s teacher workforce shortage; and
(ii) Reduce the number of conditionally licensed teachers in classrooms.
(3) The Department shall administer the Grant.
(4) Grants may not be awarded after June 30, 2029.
(c) (1) (i) A county board may submit a proposal to the Department to receive a grant for a candidate.
(ii) To be eligible for a grant, a candidate shall:
1. Have a signed contract to teach in a public school in the State;
2. Be recognized as a licensed teacher in a public kindergarten, elementary, middle, or high school in another state to provide instruction in a specific subject area, grade level, or for a specific student population;
3. Hold an unencumbered license that is not restricted, probationary, provisional, temporary, or in any way serves as a substitute for fully licensed teachers in another state; and
4. Agree to teach in a school that has received funding under § 5–223 of this article for at least 2 years after receiving the grant.
(2) An application shall include:
(i) A copy of the teacher’s license held by the candidate;
(ii) A copy of the signed contract between the candidate and the county board; and
(iii) Any other information required by the Department.
(3) The Department shall establish processes and procedures for accepting and evaluating applications.
(4) On or before October 1, 2025, the Department shall make initial grant awards.
(d) On or before December 30, 2029, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the grant awards, including the following information:
(1) The number of grant applications received;
(2) The number of grants awarded; and
(3) The number of out–of–state teachers recruited to the State after the implementation of the Grant.
Md. Code, Education § 6-201
(a) (1) Subject to paragraph (2) of this subsection, the county board shall employ individuals in the positions that the county board considers necessary for the operation of the public schools in the county.
(2) In Prince George’s County, the County Superintendent of the Prince George’s County public school system shall hire and set the salaries of a chief operating officer, a chief financial officer, a chief academic officer, a chief of staff, a board liaison, and any other necessary executive staff in the office of the County Superintendent.
(b) (1) Except as provided in subsection (a) of this section and Subtitle 10 of this title, the county superintendent shall nominate for appointment by the county board:
(i) All professional assistants of the office of county superintendent; and
(ii) All principals, teachers, and other certificated personnel.
(2) As to these personnel, the county superintendent shall:
(i) Assign them to their positions in the schools;
(ii) Transfer them as the needs of the schools require;
(iii) Recommend them for promotion; and
(iv) Suspend them for cause and recommend them for dismissal in accordance with § 6–202 of this subtitle.
(c) (1) Except in Worcester County and Baltimore City, the county superintendent shall appoint clerical and other nonprofessional personnel.
(2) In Worcester County, the County Superintendent shall appoint clerical and other nonprofessional personnel with the advice and consent of the county board.
(3) Notwithstanding any provision of local law, in Baltimore City, the appointment, tenure, and compensation of clerical and other nonprofessional personnel shall be determined in accordance with the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article.
(d) (1) Supervisory and administrative personnel shall be appointed in each county in accordance with ratios established by the rules and regulations of the State Board and within the ratio established under § 2–205(m) of this article.
(2) These personnel shall include:
(i) Supervising or helping teachers;
(ii) Supervisors of pupil personnel I;
(iii) Supervisors of pupil personnel II; and
(iv) Visiting teachers.
(e) An individual may not be appointed as a professional assistant or to any position listed in subsection (d) of this section unless he holds the appropriate certificate from the State Superintendent issued in accordance with the rules and regulations of the State Board.
(f) Subject to the provisions of this article, the qualifications, tenure, and compensation of each appointee shall be determined by the county board.
(g) The county superintendent shall see that each regular appointee of the county board devotes his entire time to his duties.
Md. Code, Education § 6-201.1
§6–201.1.
The Department shall:
(1) Develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the State; and
(2) Post the form on its website.
Md. Code, Education § 6-202
(a) (1) On the recommendation of the county superintendent, a county board may suspend or dismiss a teacher, principal, supervisor, assistant superintendent, or other professional assistant for:
(i) Immorality;
(ii) Misconduct in office, including knowingly failing to report suspected child abuse in violation of § 5–704 of the Family Law Article;
(iii) Insubordination;
(iv) Incompetency; or
(v) Willful neglect of duty.
(2) (i) Before removing an individual, the county board shall send the individual a copy of the charges against the individual and give the individual an opportunity within 10 days to request:
1. A hearing before the county board; or
2. A hearing before an arbitrator in accordance with paragraph (5) of this subsection.
(ii) If an individual’s request does not specify that the hearing be before an arbitrator, the request shall be considered a request for a hearing before the county board.
(3) If the individual requests a hearing before the county board within the 10–day period:
(i) The county board promptly shall hold a hearing, but a hearing may not be set within 10 days after the county board sends the individual a notice of the hearing; and
(ii) The individual shall have an opportunity to be heard before the county board, in person or by counsel, and to bring witnesses to the hearing.
(4) The individual may appeal from the decision of the county board to the State Board.
(5) (i) If the individual or the individual’s representative requests a hearing before an arbitrator within the 10–day period, the hearing shall be conducted in accordance with this paragraph.
(ii) 1. An arbitrator shall be selected as provided in this subparagraph.
2. If the superintendent and the individual or the individual’s representative agree on an arbitrator, the arbitrator shall be chosen by mutual agreement of the parties.
3. If the superintendent and the individual or the individual’s representative cannot agree on an arbitrator:
A. The county board shall request from the American Arbitration Association a list of the arbitrators that are available to hear this type of dispute and make a decision in a timely manner; and
B. The parties shall alternately strike arbitrators from the list.
(iii) The rules of labor arbitration shall apply.
(iv) A stenographic record shall be made of the proceedings before the arbitrator.
(v) 1. The arbitrator shall determine whether the county board has sufficient cause for suspension or dismissal of the individual.
2. A lesser penalty than dismissal may be imposed by the arbitrator only to the extent that either party proposes the lesser penalty in the proceeding.
(vi) In making a decision, the arbitration proceeding is governed by this subtitle and by the collective bargaining agreement applicable to the individual.
(vii) Except as provided in subparagraph (viii) of this paragraph, the county board shall pay the full cost and expenses of the arbitration, including:
1. The American Arbitration Association’s administrative fees;
2. The full cost of the stenography and transcription services;
3. Reasonable expenses for required travel;
4. Reasonable fees and expenses incurred or charged by the arbitrator; and
5. Reasonable expenses associated with any witness or evidence produced at the request of the arbitrator.
(viii) 1. The superintendent and the individual shall pay their own respective costs and expenses associated with any witness or evidence produced by them.
2. If the arbitrator determines that the county board had sufficient cause to suspend or dismiss the individual, then the individual shall pay 50% of the fees and expenses incurred or charged by the arbitrator and the administrative fees, if any, of the American Arbitration Association.
(ix) 1. The decision and award by the arbitrator are final and binding on the parties.
2. An individual may request judicial review by a circuit court, which shall be governed by the Maryland Uniform Arbitration Act.
(6) Notwithstanding any provision of local law, in Baltimore City the suspension and removal of assistant superintendents and higher levels shall be as provided by the personnel system established by the Baltimore City Board of School Commissioners under § 4–311 of this article.
(b) (1) Except as provided in paragraph (3) of this subsection, the probationary period of employment of a certificated employee in a local school system shall cover a period of 3 years from the date of employment and shall consist of a 1–year employment contract that may be renewed by the county board.
(2) (i) A county board shall evaluate annually a nontenured certificated employee based on established performance evaluation criteria.
(ii) Subject to subparagraph (iii) of this paragraph, if the nontenured certificated employee is not on track to qualify for tenure at any formal evaluation point:
1. A mentor promptly shall be assigned to the employee to provide the employee comprehensive guidance and instruction; and
2. Additional professional development shall be provided to the employee, as appropriate.
(iii) Nothing in this paragraph shall be construed to prohibit a county board from assigning a mentor at any time during a nontenured certificated employee’s employment.
(3) (i) Subject to subparagraph (ii) of this paragraph, if a certificated employee has achieved tenure in a local school system in the State and moves to another local school system in the State, that employee shall be tenured if the employee’s contract is renewed after 1 year of probationary employment in the local school system to which the employee relocated if:
1. The employee’s final evaluation in the local school system from which the employee departed is satisfactory or better; and
2. There has been no break in the employee’s service between the two systems of longer than 1 year.
(ii) A local school system may extend the probationary period for a certificated employee subject to subparagraph (i) of this paragraph for a second year from the date of employment if:
1. The employee does not qualify for tenure at the end of the first year based on established performance evaluation criteria; and
2. The employee demonstrates a strong potential for improvement.
(4) (i) The State Board shall adopt regulations that implement the provisions of paragraphs (1) and (2) of this subsection and define the scope of a mentoring program and professional development that will be aligned with the 3–year probationary period.
(ii) The State Board shall adopt regulations to establish standards for effective mentoring, including provisions to ensure that mentors provide mentoring that:
1. Is focused;
2. Is systematic;
3. Is ongoing;
4. Is of high quality;
5. Is geared to the needs of each employee being mentored;
6. Includes observations; and
7. Includes feedback.
(c) (1) In this subsection, “student growth” means student progress assessed by multiple measures and from a clearly articulated baseline to one or more points in time.
(2) (i) Subject to subparagraph (iii) of this paragraph, the State Board shall adopt regulations that establish general standards for performance evaluations for certificated teachers and principals that include observations, clear standards, rigor, and claims and evidence of observed instruction.
(ii) The regulations adopted under subparagraph (i) of this paragraph shall include default model performance evaluation criteria.
(iii) Before the proposal of the regulations required under this paragraph, the State Board shall solicit information and recommendations from each local school system and convene a meeting wherein this information and these recommendations are discussed and considered.
(3) Subject to paragraph (6) of this subsection:
(i) A county board shall establish performance evaluation criteria for certificated teachers and principals in the local school system based on the general standards adopted under paragraph (2) of this subsection that are mutually agreed on by the local school system and the exclusive employee representative.
(ii) Nothing in this paragraph shall be construed to require mutual agreement under subparagraph (i) of this paragraph to be governed by Subtitles 4 and 5 of this title.
(4) Subject to paragraph (7) of this subsection, the performance evaluation criteria developed under paragraph (3) of this subsection:
(i) Shall include data on student growth as a significant component of the evaluation and as one of multiple measures; and
(ii) May not be based solely on an existing or newly created single examination or assessment.
(5) (i) An existing or newly created single examination or assessment may be used as one of the multiple measures.
(ii) No single criterion shall account for more than 35% of the total performance evaluation criteria.
(6) If a local school system and the exclusive employee representative fail to mutually agree under paragraph (3) of this subsection, the default model performance evaluation criteria adopted by the State Board under paragraph (2)(ii) of this subsection shall take effect in the local jurisdiction 6 months following the final adoption of the regulations.
(7) Any performance evaluation criteria developed under this subsection may not require student growth data based on State assessments to be used to make personnel decisions before the 2016–2017 school year.
Md. Code, Education § 6-203
(a) For all proceedings before a county board under § 6–202 of this subtitle and §§ 4–205(c) and 7–305 of this article, the county board may have the proceedings heard first by a hearing examiner.
(b) (1) Except as provided in paragraph (2) of this subsection, for proceedings before a county board under § 6–202 of this subtitle, the hearing examiner shall be an attorney admitted to practice before the Supreme Court of Maryland.
(2) In Anne Arundel County, for proceedings before the Anne Arundel County Board under § 6–202 of this subtitle, the hearing examiner may, but need not, be an attorney.
(3) The hearing examiner shall be chosen by the county board.
(4) In Calvert and Charles counties, the hearing examiner may not be the attorney to the county board or be connected in any way with that attorney.
(5) In Carroll and Howard counties, the hearing examiner may not be a partner or an employee of the law firm representing the county board.
(c) The hearing examiner shall submit to the county board and appellant:
(1) A record of the proceedings and exhibits; and
(2) The hearing examiner’s findings of fact, conclusions of law, and recommendation.
(d) Parties to the proceedings before the hearing examiner may make arguments before the county board.
(e) (1) After it reviews the record and the recommendation of the hearing examiner, the county board shall make a decision.
(2) The decision may be appealed to the State Board as provided in this article.
(f) Each county board shall adopt reasonable rules and regulations to regulate the proceedings before the hearing examiner.
Md. Code, Education § 6-204
(a) For the purpose of establishing compensation rates and the basic rates for vacation and sick leave credit earnings, all professional personnel who previously were employed by a county school system or the public library system in this State and who are appointed to positions in the Department shall be given credit as employees of the Department for the years of service as employees of the county school system or public library system from which they transferred.
(b) For the purpose of establishing vacation and sick leave credit earnings, this section applies to all professional personnel employed by the Department before July 1, 1972.
Md. Code, Education § 6-301
A teacher or principal whose certificate is rated by a county superintendent as second class under § 6-102 of this title may not receive a salary increment based on experience.
Md. Code, Education § 6-302
(a) Except as provided in subsection (c) of this section, an individual who is employed as a teacher, librarian, principal, director of education, or supervisor of vocational education on the staffs of the following institutions or in the following programs, or an individual who is employed as a central office director, superintendent, specialist, or coordinator of education for the following institutions or programs, shall be paid the annual salary determined under subsection (b) of this section:
(1) Any institution that is under the jurisdiction of:
(i) The Department of Juvenile Services;
(ii) The Maryland Department of Health; or
(iii) The Juvenile Services Education County Pilot Program in the Department;
(2) Any vocational rehabilitation program operated by the State Department of Education; and
(3) Any correctional education program operated by the Maryland Department of Labor in a facility of the Department of Public Safety and Correctional Services.
(b) (1) There shall be a single, statewide institutional educator pay plan for the positions described under subsection (a) of this section. The pay plan shall be established by the Department of Budget and Management as provided in paragraph (2) of this subsection.
(2) In establishing and administering the pay plan, the Secretary of Budget and Management on an annual basis shall review the salaries of public school teachers, librarians, and administrators in the six jurisdictions with the highest number of institutional educator positions and shall recommend salaries at levels that will be adequate to recruit and retain qualified institutional educators. The pay plan shall include classifications and pay grades based on the duties, responsibilities, education, and training required. The Secretary’s recommendations shall be made by December 1 of each year for implementation on July 1 of the following fiscal year.
(3) The Secretary of Budget and Management shall submit any recommendations to the Governor for approval.
(c) Notwithstanding any other provision of law, an individual in a position described under subsection (a) of this section at an institution that is under the jurisdiction of the Juvenile Services Education County Pilot Program in the Department may be employed or contracted to provide education services for a 10–month or 2–month period with a salary commensurate with the period of employment.
Md. Code, Education § 6-303
(a) There is an Institutional Educator Pay Plan Advisory Committee.
(b) (1) The Advisory Committee shall consist of:
(i) Five employee educators whose positions are included in the Institutional Educator Pay Plan established under § 6–302 of this subtitle from each of the following units:
1. The Division of Workforce Development and Adult Learning in the Maryland Department of Labor;
2. The Division of Rehabilitation Services in the Department of Education;
3. The Department of Juvenile Services;
4. The Maryland Department of Health; and
5. The Juvenile Services Education Program in the Department of Education; and
(ii) Any additional agency representatives appointed by the Secretary of Budget and Management.
(2) The State Director of the Correctional Education Association shall recommend to the Secretary of Budget and Management individuals to serve as the institutional educator members of the Advisory Committee. The Secretary shall take these recommendations into consideration, but may appoint any individual who is an institutional educator under § 6–302(a) of this subtitle.
(c) Each member of the Advisory Committee:
(1) Shall serve a 3–year term; and
(2) (i) Shall serve without compensation; but
(ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
(d) The Advisory Committee shall designate:
(1) One member as chairperson; and
(2) The time and place of its meetings.
(e) The Advisory Committee shall review and comment on the Institutional Educator Pay Plan recommendations made by the Secretary of Budget and Management prior to the submission of the recommendations to the Governor.
Md. Code, Education § 6-304
(a) The salary of a teacher and the salary of a Prince George’s County Board classified employee shall be paid:
(1) At least monthly during the school year; and
(2) On or before the tenth day of the month after the month for which the salary is due.
(b) A teacher may not receive payment for services unless all of the current records required by the county superintendent are made and submitted properly.
Md. Code, Education § 6-305
Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
Md. Code, Education § 6-401
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Public Employee Relations Board.
(b–1) “Day” means a calendar day unless otherwise indicated.
(c) “Employee organization” has the meaning stated in § 22–101 of the State Government Article.
(d) (1) “Home and hospital teacher” means a teacher employed by a public school employer to provide instructional services to a public school student who is unable to function effectively in the classroom setting due to the student’s medical, physical, or emotional condition.
(2) A home and hospital teacher may teach in:
(i) A private home;
(ii) A hospital;
(iii) A therapeutic center;
(iv) A school; or
(v) Any other appropriate site.
(d–1) “New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
(e) (1) “Public school employee” means a certificated professional individual who is employed by a public school employer or an individual of equivalent status in Baltimore City, except for a county superintendent or an individual designated by the public school employer to act in a negotiating capacity as provided in § 6–406(c) of this subtitle.
(2) In Montgomery County, “public school employees” include:
(i) Certificated and noncertificated substitute teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 1978, and each year after; and
(ii) Home and hospital teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, and each year after.
(3) In Baltimore County, “public school employee” includes a secondary school nurse, an elementary school nurse, and a special school nurse.
(4) In Frederick County, “public school employee” includes a social worker employed by a public school employer.
(5) In Prince George’s County, “public school employee” includes home and hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors.
(6) In Baltimore County, Calvert County, Charles County, and Garrett County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) instructors.
(7) In Carroll County, “public school employee” includes:
(i) A registered nurse;
(ii) Supervisory noncertificated employees as defined under § 6–501(i) of this title; and
(iii) Junior Reserve Officer Training Corps (JROTC) instructors.
(8) In Dorchester County, “public school employee” includes supervisory noncertificated employees as defined under § 6–501(i) of this title.
(f) “Public school employer” means a county board of education or the Baltimore City Board of School Commissioners.
Md. Code, Education § 6-402
(a) Public school employees may form, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions.
(b) Public school employees, public school employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
Md. Code, Education § 6-403
(a) In St. Mary’s County, licensed registered school nurses, Junior Reserve Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of the public school employer shall be included in the unit.
(b) (1) There may not be more than two units in a county.
(2) In Baltimore County, one of the units shall consist of employees who are administrative and supervisory certificated employees. The second unit shall consist of all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle.
(c) All eligible public school employees shall:
(1) Be included in one of these units; and
(2) Have the rights granted in this subtitle and Title 22 of the State Government Article.
Md. Code, Education § 6-404
(a) An election held under Title 22, Subtitle 4 of the State Government Article shall be held:
(1) In each school facility where public employees are assigned on a regularly scheduled school day;
(2) In a manner assuring the secrecy of the ballot; and
(3) On a regular working day for public school employees, between June 1 and June 15, inclusive, except in Baltimore City where the elections shall be held between November 1 and November 15 following the date on which certification of required membership enrollment is made.
(b) The public school employer shall provide any assistance required in holding the elections.
Md. Code, Education § 6-405
(a) (1) (i) Each public school employer shall provide the exclusive representative access to new employee processing.
(ii) Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
(iii) The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school employer’s new employee processing that was not reasonably foreseeable.
(2) (i) The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public school employer and the exclusive representative in accordance with § 6–406 of this subtitle.
(ii) When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 6–406(e) of this subtitle.
(iii) In an impasse proceeding under § 6–406(e) of this subtitle, the mediator or Board shall consider:
1. The ability of the exclusive representative to communicate with the public school employees it represents;
2. The legal obligations of the exclusive representative to the public school employees;
3. Applicable State, federal, and local laws;
4. Any stipulations of the parties;
5. The interests and welfare of the public school employees and the financial condition of the public school employer;
6. The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
(3) (i) A request to negotiate under paragraph (2) of this subsection made between July 1, 2018, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public school employer’s new employee processing.
(ii) Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
(b) This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
(c) Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.
Md. Code, Education § 6-406
(a) When a public school employer and an employee organization negotiate under this section, the public school employer and the employee organization shall:
(1) Confer in good faith, at all reasonable times;
(2) Honor and administer existing agreements;
(3) Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner; and
(4) Reduce to writing the matters agreed on as a result of the negotiations.
(b) The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration.
(c) (1) On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to:
(i) Salaries, wages, hours, and other working conditions, including procedures regarding employee transfers and assignments;
(ii) The structure, time, and manner of the access of the exclusive representative to a public school employer’s new employee processing as required under § 6–405 of this subtitle; and
(iii) A career ladder for educators established under Subtitle 10 of this title.
(2) Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization.
(3) A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law.
(4) A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (e) of this section.
(5) (i) If a public school employer and an employee organization dispute whether a proposed topic for negotiation is a mandatory, a permissive, or an illegal topic of bargaining, either party may submit a request for a decision in writing to the Board for final resolution of the dispute.
(ii) A request for a decision shall:
1. Clearly identify each topic of bargaining for which the party is requesting a decision; and
2. Be made before the Board determines that an impasse has been reached.
(iii) If the Board receives a request for a decision, within 7 days after receipt of the request, the Board shall issue a letter to the public school employer and the employee organization that requests written briefs in support of their respective positions.
(iv) Within 7 days after receipt of a request from the Board for written briefs, the public school employer and the employee organization shall deliver to the Board a written brief on the issue of whether the topic is mandatory, permissive, or illegal in nature.
(v) After receipt of written briefs from the public school employer and the employee organization, the Board shall:
1. Consider the merits of each party’s arguments;
2. Render a decision determining whether the topic of negotiation is mandatory, permissive, or illegal; and
3. Issue the written decision to the parties within 14 days after receiving the written briefs.
(vi) 1. The Board may adopt regulations, guidelines, and policies to carry out its rights and responsibilities under this section.
2. To resolve disputes under this section, the Board shall develop a balancing test to determine whether the impact of the matter on the school system as a whole outweighs the direct impact on the teachers or employees.
(6) In Montgomery County, the exclusive negotiating agent for the public school employees in a unit and the public school employer shall meet and negotiate under this section the salaries, wages, hours, and other working conditions of all persons actually employed as substitute teachers or home and hospital teachers.
(d) The designation of representatives by the employer under this section does not prevent the designated employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing.
(e) (1) If, on the request of either party, the Board determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:
(i) Request last and best offers from the public school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process; and
(ii) Order the public school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.
(2) The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer.
(3) Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
(i) Agreement; or
(ii) Alternate striking from a list of seven neutral parties furnished by:
1. The Federal Mediation and Conciliation Service; or
2. The American Arbitration Association.
(4) The mediator shall conclude the mediation within 25 days after convening the first mediation session.
(5) If the public school employer and the employee organization do not reach agreement before concluding the mediation, the mediator shall issue a written offer to both parties and the Board of settlement of all matters raised.
(6) Within 5 days after receiving the proposed settlement, the public school employer and the employee organization each shall notify the mediator of its intent to:
(i) Accept the written proposed settlement;
(ii) Accept the written proposed settlement in part, as mutually agreed on by the public school employer and the employee organization; or
(iii) Decline the proposed settlement and request arbitration before the Board.
(7) The public school employer and the employee organization shall share the costs of the mediator equally.
(8) If either party declines the proposed settlement and requests arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing before the Board.
(9) The Board shall:
(i) Open the arbitration record within 20 days after receiving either party’s decision to decline the mediator’s proposal;
(ii) Convene a hearing;
(iii) Hear testimony from and receive supporting written evidence, as provided in an order of the Board, from the public school employer, the employee organization, and the mediator;
(iv) Administer oaths to witnesses deemed relevant and called by the Board;
(v) Issue subpoenas to compel the production of relevant and nonprivileged documents and other tangible evidence that would also be subject to production before a hearing or at a hearing under Title 4 of the General Provisions Article; and
(vi) Receive, hear, and consider all evidence considered relevant by the Board, whether or not offered through an attorney, including:
1. The wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions and comparable jurisdictions outside the State; and
2. The ability of the public school employer and the county served by the public school employer to pay, considering their existing resources, the costs of the final offers proposed and other personnel costs.
(10) The Board shall conclude the hearing by issuing a written order within 20 days after the arbitration record is opened.
(11) The Board shall issue the written award that selects and adopts:
(i) The complete final offer of the public school employer;
(ii) The complete final offer of the employee organization; or
(iii) The mediator’s complete offer of settlement.
(12) The Board’s written award is final and binding on the public school employer and the employee organization.
(13) The public school employer and the employee organization shall share the costs of the hearing equally.
(14) Any negotiated provision or decision of the Board is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners, county council, and Mayor and City Council of Baltimore City.
Md. Code, Education § 6-407
If a fiscal authority does not approve enough funds to implement the negotiated agreement, the public school employer shall renegotiate the funds allocated for these purposes by the fiscal authority with the employee organization before the public school employer makes a final determination in accordance with a timetable and procedure established by the Board.
Md. Code, Education § 6-501
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Public Employee Relations Board.
(c) “Confidential employee” includes an individual whose employment responsibilities require knowledge of the public school employer’s posture in the collective negotiation process, as determined by the public school employer in negotiations with an employee organization that requests negotiation on this issue.
(c–1) “Day” means a calendar day unless otherwise indicated.
(d) “Employee organization” has the meaning stated in § 22–101 of the State Government Article.
(e) “Managerial employee” includes an individual who is engaged mainly in executive and managerial functions.
(e–1) “New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
(f) “Noncertificated employee”, in Montgomery County, means only a full–time employee.
(g) (1) “Public school employee” means a noncertificated individual who is employed for at least 9 months a year on a full–time basis by a public school employer.
(2) “Public school employee” includes a noncertificated employee in Baltimore City notwithstanding that the noncertificated employee does not work for at least 9 months a year on a full–time basis.
(3) “Public school employee” does not include:
(i) A managerial employee; or
(ii) A confidential employee.
(h) (1) “Public school employer” means the county board in each county.
(2) “Public school employer” includes the Baltimore City Board of School Commissioners.
(i) “Supervisory employee” includes any individual who responsibly directs the work of other employees.
Md. Code, Education § 6-503
(a) Public school employees may form, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions.
(b) Public school employees, public school employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
Md. Code, Education § 6-504
(a) (1) Except as provided in paragraphs (3) and (5) of this subsection, there may not be more than three units in a county and a unit may not include both supervisory and nonsupervisory employees.
(2) If a county has more than three recognized units and, as of July 1, 1974, the units have exclusive representation for collective negotiations, these units may continue as negotiating units.
(3) In Baltimore County, there shall be three units, including one unit of supervisory employees as defined in § 6–501(i) of this subtitle.
(4) In Carroll County, beginning on October 1, 2007:
(i) There shall be no more than three units; and
(ii) All units shall be nonsupervisory units.
(5) In Baltimore City, the public school employer may designate a fourth unit composed of all Baltimore City school police officers, as defined in § 4–318 of this article, up to and including the rank of lieutenant.
(b) All eligible public school employees shall:
(1) Be included in one of these units; and
(2) Have the rights granted in this subtitle.
Md. Code, Education § 6-505
(a) Employee organizations recognized by the public school employer as the exclusive representative of all public school employees in a specified unit on July 1, 1978, shall continue to be the exclusive representative subject to Title 22, Subtitle 4 of the State Government Article.
(b) Any collective negotiation agreement that has been entered into by an exclusive representative and a public employer as of July 1, 1978, shall continue in effect for the term of the agreement.
Md. Code, Education § 6-506
(a) (1) (i) Each public school employer shall provide the exclusive representative access to new employee processing.
(ii) Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
(iii) The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school employer’s new employee processing that was not reasonably foreseeable.
(2) (i) The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public school employer and the exclusive representative in accordance with § 6–507 of this subtitle.
(ii) When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 6–507(e) of this subtitle.
(iii) In an impasse proceeding under § 6–507(e) of this subtitle, the mediator or Board shall consider:
1. The ability of the exclusive representative to communicate with the public school employees it represents;
2. The legal obligations of the exclusive representative to the public school employees;
3. Applicable State, federal, and local laws;
4. Any stipulations of the parties;
5. The interests and welfare of the public school employees and the financial condition of the public school employer;
6. The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
(3) (i) A request to negotiate under paragraph (2) of this subsection made between July 1, 2018, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public school employer’s new employee processing.
(ii) Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
(b) This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
(c) Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.
Md. Code, Education § 6-507
(a) When a public school employer and an employee organization negotiate under this section, the public school employer and the employee organization shall:
(1) Confer in good faith, at all reasonable times;
(2) Honor and administer existing agreements;
(3) Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner; and
(4) Reduce to writing the matters agreed on as a result of the negotiations.
(b) The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration.
(c) (1) On request, a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to:
(i) Salaries, wages, hours, and other working conditions, including the discipline and discharge of an employee for just cause; and
(ii) The structure, time, and manner of the access of the exclusive representative to a public school employer’s new employee processing as required under § 6–506 of this subtitle.
(2) Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization.
(3) A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law.
(4) A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (e) of this section.
(5) (i) If a public school employer and an employee organization dispute whether a proposed topic for negotiation is a mandatory, a permissive, or an illegal topic of bargaining, either party may submit a request for a decision in writing to the Board for final resolution of the dispute.
(ii) A request for a decision shall:
1. Clearly identify each topic of bargaining for which the public school employer or employee organization is requesting a decision; and
2. Be made before the Board determines that an impasse has been reached.
(iii) If the Board receives a request for a decision, within 7 days after receipt of the request, the Board shall issue a letter to the public school employer and the employee organization that requests written briefs in support of their respective positions.
(iv) Within 7 days after receipt of a request from the Board for written briefs, the public school employer and the exclusive representative shall deliver to the Board a written brief on the issue of whether the topic at issue is mandatory, permissive, or illegal in nature.
(v) After receipt of the written briefs from the public school employer and the employee organization, the Board shall:
1. Consider the merits of each party’s arguments;
2. Render a decision determining whether the topic of negotiation is mandatory, permissive, or illegal; and
3. Issue the written decision to the parties within 14 days after receiving the written briefs.
(vi) 1. The Board may adopt regulations, guidelines, and policies to carry out its rights and responsibilities under this section.
2. To resolve disputes under this section, the Board shall develop a balancing test to determine whether the impact of the matter on the school system as a whole outweighs the direct impact on the employees.
(d) The designation of representatives by the employer under this section does not prevent an employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing.
(e) (1) If, on the request of either party, the Board determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:
(i) Request last and best offers from the public school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process; and
(ii) Order the public school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.
(2) The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer.
(3) Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
(i) Agreement; or
(ii) Alternate striking from a list of seven neutral parties furnished by:
1. The Federal Mediation and Conciliation Service; or
2. The American Arbitration Association.
(4) The mediator shall conclude the mediation within 25 days after convening the first mediation session.
(5) If the public school employer and the employee organization do not reach agreement before concluding the mediation, the mediator shall issue a written offer to both parties and the Board of settlement of all matters raised.
(6) Within 5 days after receiving the proposed settlement, the public school employer and the employee organization each shall notify the mediator of its intent to:
(i) Accept the written proposed settlement;
(ii) Accept the written proposed settlement in part, as mutually agreed on by the public school employer and the employee organization; or
(iii) Decline the proposed settlement and request arbitration before the Board.
(7) The public school employer and the employee organization shall share the costs of the mediator equally.
(8) If either party declines the proposed settlement and requests arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing before the Board.
(9) The Board shall:
(i) Open the arbitration record within 20 days after receiving either party’s decision to decline the mediator’s proposal;
(ii) Convene a hearing;
(iii) Hear testimony from and receive supporting written evidence, as provided in an order of the Board, from the public school employer, the employee organization, and the mediator;
(iv) Administer oaths to witnesses deemed relevant and called by the Board;
(v) Issue subpoenas to compel the production of relevant and nonprivileged documents and other tangible evidence that would also be subject to production before a hearing or at a hearing under Title 4 of the General Provisions Article; and
(vi) Receive, hear, and consider all evidence considered relevant by the Board, whether or not offered through an attorney, including:
1. The wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions and comparable jurisdictions outside the State; and
2. The ability of the public school employer and the county served by the public school employer to pay, considering their existing resources, the costs of the final offers proposed and other personnel costs.
(10) The Board shall conclude the hearing by issuing a written order within 20 days after the arbitration record is opened.
(11) The Board shall issue the written award that selects and adopts:
(i) The complete final offer of the public school employer;
(ii) The complete final offer of the employee organization; or
(iii) The mediator’s complete offer of settlement.
(12) The Board’s written award is final and binding on the public school employer and the employee organization.
(13) The public school employer and the employee organization shall share the costs of the hearing equally.
(14) Any negotiated provision or decision of the Board is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners and county council.
Md. Code, Education § 6-511
If the fiscal authority does not approve enough funds to implement the negotiated agreement, the public school employer shall renegotiate the funds allocated for these purposes by the fiscal authority with the employee organization before the public school employer makes a final determination in accordance with the timetable and procedure established by the Board.
Md. Code, Education § 6-601
The Interstate Agreement on Qualifications of Educational Personnel is enacted into law and entered into with all jurisdictions legally joining in the Agreement in the form substantially as set forth in § 6-604 of this subtitle.
Md. Code, Education § 6-602
(a) The “designated state official” for this State, under the terms of the Agreement set forth in § 6-604 of this subtitle, is the State Superintendent.
(b) The State Superintendent may enter into contracts under Article III of the Agreement only if the State Board approves the text of the contract.
Md. Code, Education § 6-603
(a) A copy of each contract made on behalf of this State under the Agreement shall be kept on file in the offices of the State Superintendent and the Secretary of State.
(b) The State Superintendent shall publish each contract in convenient form.
Md. Code, Education § 6-604
INTERSTATE AGREEMENT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL
Article I
Purpose, Findings, and Policy
1. The states party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
Article II
Definitions
As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this Agreement.
3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. “Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
6. “Receiving state” means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.
Article III
Interstate Educational Personnel Contracts
1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
Article IV
Accepted and Approved Programs
1. To the extent that contracts made pursuant to this Agreement deal with the academic or other educational training requirements for the proper qualification of educational personnel, the principles set forth in this article shall govern.
2. The approval, by the appropriate state or local authorities pursuant to the laws of a sending state, of a program of educational training shall have such effect on the qualification of educational personnel within that state as its laws provide.
3. Acceptance of a program of educational preparation or training for purposes of this Agreement shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
Article V
Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
Article VI
Agreement Evaluation
The designated state officials of any party state may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.
Article VII
Other Arrangements
Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
Article VIII
Effect and Withdrawal
1. This Agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.
Article IX
Construction and Severability
This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any state participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters.
Md. Code, Education § 6-701
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Professional Standards and Teacher Education Board.
(c) “Review Board” means the entity composed of, and appointed by, the Professional Standards and Teacher Education Board under § 6–707 of this subtitle.
Md. Code, Education § 6-702
There is a Professional Standards and Teacher Education Board in the State Department of Education.
Md. Code, Education § 6-703
(a) (1) The Board consists of the following members:
(i) Eight public school classroom teachers, as follows:
1. Six chosen from a list of nominees provided by the statewide teachers’ organization representing a majority of teachers in the State for collective bargaining purposes; and
2. Two chosen from a list of nominees provided by a statewide teachers’ organization representing teachers in at least one jurisdiction within the State for collective bargaining purposes other than the majority organization provided for in item 1 of this item;
(ii) One certified nonpublic school classroom teacher, chosen from a list of nominees provided by the Association of Independent Schools;
(iii) Six teacher education faculty members from colleges of the State, chosen from a list of nominees provided by:
1. The Maryland Association of Teacher Educators; and
2. The Maryland Association of Colleges of Teacher Education;
(iv) Four administrative or supervisory staff members of public schools, as follows:
1. Two chosen from a list of nominees provided by the Public School Superintendents’ Association of Maryland;
2. One chosen from a list of nominees provided by the Maryland Association of Secondary Principals; and
3. One chosen from a list of nominees provided by the Maryland Association of Elementary School Administrators;
(v) One administrative or supervisory staff of the approved nonpublic schools of the State, chosen from a list of nominees provided by the Association of Independent Schools;
(vi) One member of a local board of education, chosen from a list of nominees provided by the Maryland Association of Boards of Education;
(vii) One member of the Maryland Association of Nonpublic Special Education Facilities, chosen from a list of nominees provided by the Maryland Association of Nonpublic Special Education Facilities;
(viii) Two representatives of the general public, as follows:
1. One chosen from a list of nominees provided by the Speaker of the House of Delegates of Maryland; and
2. One chosen from a list of nominees provided by the President of the Senate of Maryland; and
(ix) The State Superintendent or a designee of the State Superintendent.
(2) The Board shall include all the members of the Professional Standards and Teacher Education Advisory Board serving on July 1, 1991.
(b) (1) The Governor, with the advice and consent of the Senate of Maryland, shall appoint the members of the Board described in subsection (a)(1)(i) through (viii) of this section.
(2) In making the appointments required under this subsection, the Governor shall ensure that the Board is representative of:
(i) The geographic regions of the State; and
(ii) Minority populations of the State as defined in § 9–301 of the State Government Article.
(c) (1) The term of an appointed member is 3 years.
(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 1991.
(3) At the end of a term, a member continues to serve until a successor is appointed.
(4) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
(d) The Governor may remove a member for incompetence or misconduct.
(e) From among its members, the Board annually shall elect a chairman.
(f) A majority of the members of the Board then serving on the Board is a quorum.
(g) The staff for the Board shall be provided by the State Board.
Md. Code, Education § 6-704
(a) (1) In accordance with Title 10, Subtitle 1 of the State Government Article, both the State Board and the Board shall develop for consideration rules and regulations for:
(i) Except as provided in item (iii) of this paragraph, the certification of teachers and other professional personnel in accordance with this article;
(ii) Requirements for preparation of teachers and other education personnel;
(iii) The certification of social workers employed by a local school employer as professional personnel; and
(iv) Attracting and providing certification to teachers from groups historically underrepresented in the teaching profession.
(2) Rules and regulations developed by the State Board shall be reviewed by the Board.
(3) Rules and regulations developed by the Board shall be reviewed by the State Board.
(4) Rules and regulations that are initiated by either the State Board or the Board and submitted for review to each other shall be acted upon within 60 days of their receipt by the other party.
(5) Recommendations on rules and regulations shall be implemented if both the Board and the State Board approve them.
(6) An individual who is otherwise qualified may not be denied the right to receive credentials from the Board, to receive training to become a teacher, or to practice teaching in any school because that individual is totally or partially blind.
(7) A county board may not refuse to contract with or engage a teacher because of blindness if the blind teacher is capable of performing the duties of the position for which he has applied.
(8) The right of a school psychologist, who is certified by the Board to practice school psychology consistent with the provisions of that certification, may not be limited by Title 18 of the Health Occupations Article with respect to the practice of school psychology in an educational institution.
(b) (1) The Board may establish a fee, not to exceed $10, for issuance or renewal of a teacher certificate.
(2) The Board may not require a fee:
(i) For the addition of any new area of certification to a currently valid certificate; or
(ii) Except for the fee authorized under this subsection, for the evaluation of credentials for the certification of teachers.
Md. Code, Education § 6-704.1
§6–704.1.
(a) On or before July 1, 2016, the Board shall require a certificate holder applying for renewal of a certificate as a school counselor to have obtained training in, by a method determined by the Board, the knowledge and skills required to understand and respond to the social, emotional, and personal development of students, including knowledge and skills relating to:
(1) The recognition of indicators of mental illness and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse; and
(2) The identification of professional resources to help students in crisis.
(b) The training required under subsection (a) of this section shall be commensurate with the duties of a school counselor and may exceed the training required of other school personnel under § 6–122 of this title.
(c) The Board shall adopt regulations to implement the provisions of this section.
Md. Code, Education § 6-705
(a) It is the intent of the General Assembly that the process for initial certification of qualified teachers and other school personnel educated or credentialed in other states be efficient and effective to encourage more teachers and other school personnel to live and work in the State.
(b) Subject to the rules and regulations that are implemented according to § 6–704 of this subtitle, the State Superintendent may make an agreement with the appropriate educational authority of any other state to provide for reciprocity in the certification of teachers.
(c) Subject to the regulations of the Board, the State Superintendent may accept the accreditation for certification purposes of a program for teacher preparation if:
(1) The accreditation is granted by a recognized national accrediting agency; and
(2) The institution preparing the teachers is in another state.
Md. Code, Education § 6-706
In addition to the powers set forth elsewhere in this subtitle, the Board may adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to carry out the provisions of this subtitle.
Md. Code, Education § 6-707
(a) (1) From among its members, the Board shall appoint a Review Board.
(2) The Review Board consists of five members which shall be composed of:
(i) The State Superintendent;
(ii) The local board of education member;
(iii) Two of the public school teacher members; and
(iv) One of the teacher education faculty members.
(3) One member of the Review Board shall be appointed to act as a liaison between the Board and the Review Board.
(b) (1) The term of a member of the Review Board is 1 year.
(2) Upon the recommendation of the State Superintendent, a member of the Review Board may be reappointed once.
(3) The term of office shall be from September 1 of the calendar year in which the appointment is made.
Md. Code, Education § 6-708
(a) The Review Board shall:
(1) Make recommendations to the Board on appeals from rulings of the certification staff; and
(2) Submit its findings to the Board.
(b) The Board shall make the final determination for each appellate case.
Md. Code, Education § 6-901
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Public school employee” means any individual who is employed by a public school employer or an individual of equivalent status in Baltimore City.
(2) “Public school employee” does not include a State employee.
(c) “Public school employer” means a county board of education or the Baltimore City Board of School Commissioners.
(d) “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of an employee, or who has managerial authority to take corrective action regarding the violation of a law, rule, or regulation of which the employee complains.
Md. Code, Education § 6-902
Subject to § 6–903 of this subtitle, a public school employer may not take or refuse to take any personnel action as reprisal against a public school employee because the employee:
(1) Discloses or threatens to disclose to a supervisor an activity, a policy, or a practice of the employer that is in violation of a law, rule, or regulation;
(2) Provides information to or testifies before any public body conducting an investigation, a hearing, or an inquiry into any violation of a law, rule, or regulation by the employer; or
(3) Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.
Md. Code, Education § 6-903
The protection provided against a violation of § 6–902 of this subtitle shall apply only if:
(1) The public school employee has a reasonable, good faith belief that the public school employer has, or still is, engaged in an activity, a policy, or a practice that is in violation of a law, rule, or regulation;
(2) The public school employee discloses information that the employee reasonably believes evidences:
(i) An abuse of authority, gross mismanagement, or gross waste of money;
(ii) A substantial and specific danger to public health or safety; or
(iii) A violation of law; and
(3) The public school employee has reported the activity, policy, or practice to a supervisor or an administrator of the public school employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
Md. Code, Education § 6-904
(a) (1) Any public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle may file an administrative complaint with a public school employer.
(2) A public school employer shall:
(i) Provide an administrative remedial process for a public school employee who files an administrative complaint under paragraph (1) of this subsection; and
(ii) Complete the administrative remedial process under item (i) of this paragraph within 30 days after a public school employee files an initial administrative complaint.
(b) (1) Before instituting a civil action, a public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle shall notify the local superintendent in writing of the employee’s intention to institute a civil action.
(2) Subject to paragraph (1) of this subsection, any public school employee who is subject to a personnel action in violation of § 6–902 of this subtitle may institute a civil action in the county where:
(i) The alleged violation occurred;
(ii) The employee resides; or
(iii) The public school employer maintains its principal offices in the State.
(3) The action shall be brought within 9 months after the alleged violation of § 6–902 of this subtitle occurred, or within 9 months after the public school employee first became aware of the alleged violation of § 6–902 of this subtitle.
Md. Code, Education § 6-905
In any action brought under this subtitle, a court may:
(1) Issue an injunction to restrain continued violation of this subtitle;
(2) Reinstate the public school employee to the same or an equivalent position held before the violation of § 6–902 of this subtitle;
(3) Remove any adverse personnel record entries based on or related to the violation of § 6–902 of this subtitle;
(4) Reinstate full fringe benefits and seniority rights;
(5) Require compensation for lost wages, benefits, and other remuneration; and
(6) Assess reasonable attorney’s fees and other litigation expenses against:
(i) The public school employer, if the public school employee prevails; or
(ii) The public school employee, if the court determines that the action was brought by the public school employee in bad faith and without basis in law or fact.
Md. Code, Education § 6-906
In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the public school employee’s exercise of any rights protected under this subtitle.
Md. Code, Education § 6-1001
(a) In this subtitle the following words have the meanings indicated.
(b) “Career ladder” means the career ladder for public prekindergarten, primary, or secondary school teachers in the State implemented by county boards that meets the standards set forth under this subtitle and the standards adopted by the Department.
(c) “NBC” means National Board Certification issued by the National Board for Professional Teaching Standards.
(d) “NBC teacher” means a teacher who holds an active National Board Certification.
(e) (1) “Teacher” means a certified public school employee who is primarily responsible and accountable for teaching the students in the class.
(2) “Teacher” does not include, unless otherwise provided:
(i) Curriculum specialists;
(ii) Instructional aides;
(iii) Attendance personnel;
(iv) Psychologists;
(v) Social workers;
(vi) Clerical personnel;
(vii) An individual with a Resident Teacher Certificate; or
(viii) An individual with a certification for career professionals.
Md. Code, Education § 6-1002
(a) (1) On or before July 1, 2024, each county board shall implement a career ladder that meets the requirements of this subtitle.
(2) Except as otherwise provided in this subtitle, the requirements of this subtitle shall become effective in a county on the date the county board adopts a career ladder under paragraph (1) of this subsection.
(b) (1) There is a career ladder for educators in the State.
(2) The purpose of the career ladder is to:
(i) Transform teaching into a high–status profession in the State;
(ii) Attract high–performing students to pursue the high–status teaching profession;
(iii) Retain high–quality teachers who gain additional responsibility, authority, status, and compensation as they gain additional expertise;
(iv) Transform the education system in the State into a top–performing system in the world;
(v) Support the reorganization of schools to provide teachers with professional learning and peer collaboration time during the school day by having more teachers in each school, including time primarily:
1. To work in teams of teachers by subject and grade;
2. To work together with other teachers to continuously improve instruction;
3. To review together with other teachers individual student needs, including needs related to behavioral issues, and develop plans to address those needs; and
4. For professional learning for teachers pursuing NBC;
(vi) Develop and support highly competent school leaders that are able to lead high–performing schools due to their:
1. Knowledge of teaching and learning;
2. Experience as teachers, leaders, and mentors of teachers; and
3. Knowledge of and experience with organizing schools so that all students are successful in the global economy; and
(vii) Above all, inspire teachers and school leaders to instill in their students a passion for learning and a mastery of the skills necessary to succeed in the global economy.
(c) Except as provided in this subtitle, the career ladder is subject to collective bargaining in accordance with § 6–408 of this title.
(d) The career ladder shall:
(1) Adequately compensate professional teachers for their work;
(2) Support and encourage teachers working in teams to systematically improve schools and curricula;
(3) Provide teachers with the opportunity to identify and work with students who need extra help, including by providing teachers time during the school day to take on those pursuits; and
(4) Provide teachers with the opportunity to develop their skills and knowledge by participating in job–embedded professional development.
(e) The guiding principles for development of the career ladder are:
(1) Progression of teachers in a manner that incentivizes teachers to stay on the teacher track rather than moving to the administrator track;
(2) A teacher salary that attracts new teachers to the profession;
(3) A teacher salary that incentivizes existing teachers to opt in to the career ladder;
(4) Teacher salary progression as performance increases as demonstrated by a teacher achieving NBC; and
(5) Incentives that are successful in all local school systems.
(f) The levels of the career ladder are as follows:
(1) Level one is a State certified teacher;
(2) Level two is a teacher pursuing:
(i) A master’s degree;
(ii) 30 credits of a program of study approved by the State Board, in consultation with the Professional Standards and Teacher Education Board; or
(iii) NBC;
(3) Level three is:
(i) An NBC teacher;
(ii) If there is no assessment comparable to NBC for the teacher’s subject area, a teacher with a master’s degree in the teacher’s subject area; or
(iii) An assistant principal; and
(4) Level four is:
(i) A teacher on the teacher leadership track, in the following tiers:
1. Lead Teacher;
2. Distinguished Teacher; or
3. Professor Distinguished Teacher; or
(ii) A teacher on the administrator track, in the following tiers:
1. Licensed Principal; or
2. Distinguished Principal.
(g) If a teacher achieves level three or four of the career ladder by being an NBC teacher, the teacher shall maintain an active National Board Certification in order to remain on level three or four of the career ladder, as applicable.
(h) (1) Subject to paragraph (2) of this subsection, teachers at each level or tier of the career ladder shall teach in the classroom for a minimum percentage of their total working time, as specified in this subtitle.
(2) The percentages referenced in paragraph (1) of this subsection shall become effective in phases over a 7–year period beginning July 1, 2028, as specified by a county board on approval of the State Board.
(3) The following teachers shall be given priority for working time outside the classroom as the percentages referenced in paragraph (1) of this subsection are phased in:
(i) Newly licensed teachers, particularly new teachers in low–performing schools or schools that have a high concentration of students living in poverty; and
(ii) Teachers in schools that:
1. Are low–performing;
2. Have a high concentration of students living in poverty; or
3. Have large achievement gaps between subpopulations of students.
(i) The percentage of teachers who are Professor Distinguished Teachers or Distinguished Principals may not be more than 1% of the total number of all teachers.
(j) Teachers in the upper levels of the career ladder shall mentor teachers in the lower levels of the ladder, especially those teachers who teach in schools with high proportions of low–performing students.
(k) Each county board shall strive to place NBC teachers in schools throughout the county and in a manner that supports equity and prioritizes low–performing schools.
(l) A county board may not receive funding from the State for the implementation of the career ladder under § 6–1009 of this subtitle unless the county board implements a career ladder that meets the requirements of this subtitle.
Md. Code, Education § 6-1003
(a) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle, as specified by the State Board, a teacher on level one, two, or three of the career ladder shall:
(1) Teach in the classroom on average 60% of the teacher’s working time; and
(2) Spend the remaining time on other teacher activities, including:
(i) Improving instruction;
(ii) Identifying, working with, and tutoring students who need additional help;
(iii) Working with the most challenging students;
(iv) Working with students living in concentrated poverty; and
(v) Leading or participating in professional learning.
(b) (1) An assistant principal is on level three of the career ladder and shall:
(i) Be an NBC teacher; or
(ii) Have an advanced professional certificate for administration.
(2) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle, as specified by the State Board, an assistant principal shall:
(i) Participate in classroom activity involving direct interactions with students for at least 20% of their working hours; and
(ii) Spend a portion of the remaining time on other teacher related activities, including:
1. Setting priorities for the subject level departments or grade levels of the school; and
2. Fulfilling specialized roles, such as head of professional development.
(3) The requirements of paragraph (2) of this subsection may not be construed to require that an assistant principal be designated as a teacher of record.
Md. Code, Education § 6-1004
(a) (1) There is a teacher leadership track on level four of the career ladder.
(2) A teacher on the teacher leadership track:
(i) Shall:
1. Be an NBC teacher; or
2. If there is no assessment comparable to NBC for the teacher’s subject area, have a master’s degree in the teacher’s subject area; and
(ii) Is responsible for mentoring peers and serving as an expert resource on content and pedagogy for their school, their district, and the State.
(b) (1) The first tier of the teacher leadership track is a lead teacher.
(2) A lead teacher shall:
(i) Meet all skill and credential requirements for levels one through three on the career ladder;
(ii) Be able to lead, in an effective and disciplined way, teams of teachers working to improve the curriculum, instruction, and assessment in the school;
(iii) Have the skills and knowledge to mentor new teachers or less skilled teachers to enable them to develop their skills, including mentoring teachers who are pursuing NBC;
(iv) Have sufficient research expertise, including expertise in action research, in order to lead teams of teachers that will use research to develop programs, curriculum, teaching techniques, and other interventions;
(v) Be able to conduct formal evaluations of the interventions developed under item (iv) of this paragraph to determine the extent to which the interventions are successful and to alter the interventions as necessary to improve outcomes for students; and
(vi) Teach students using culturally responsive and trauma–informed pedagogy.
(3) (i) When a lead teacher position becomes available in a county, a lead teacher shall be selected in accordance with this paragraph.
(ii) Throughout the process of selecting a lead teacher under this paragraph, priority shall be given to teachers who have experience teaching in schools that:
1. Reflect the racial and ethnic diversity of the State; or
2. Have received a grant under § 5–223 of this article.
(iii) Distinguished teachers, professor distinguished teachers, and, if necessary because of a limited number of distinguished and professor distinguished teachers, lead teachers who teach in the county shall provide a list of qualified candidates to:
1. The principal of the school in which the position is available; and
2. The local superintendent.
(iv) The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
(4) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a lead teacher shall:
(i) Teach in the classroom on average 50% of the teacher’s working time; and
(ii) Spend the remaining time on other teacher activities, including:
1. Mentoring newer and struggling teachers and teachers who are pursuing NBC; and
2. Leading workshops and demonstrations at the school level.
(c) (1) The second tier of the teacher leadership track is a distinguished teacher.
(2) A distinguished teacher shall have demonstrated exceptional skills in all the requirements for a lead teacher, which may be determined through an evaluation of:
(i) The teaching capability of the teacher’s mentees;
(ii) Whether the teams the teacher led resulted in effective improvements in curriculum, instruction, and assessment;
(iii) The quality of the teacher’s published work, including publication in refereed journals;
(iv) The demand for the teacher’s counsel and guidance, both inside and outside of the teacher’s school;
(v) The teacher’s ethical standards and ability to promote a school culture in which all students are expected to achieve at high levels and all professionals are expected to work to help students achieve at high levels; and
(vi) The teacher’s ability to inspire, guide, and develop teachers to achieve a high level of competence.
(3) (i) When a distinguished teacher position becomes available in a county, a distinguished teacher shall be selected in accordance with this paragraph.
(ii) Throughout the process of selecting a distinguished teacher under this paragraph, priority shall be given to lead teachers who have experience teaching in classrooms and leading teams of teachers in schools that:
1. Reflect the racial and ethnic diversity of the State; or
2. Have received a grant under § 5–223 of this article.
(iii) Professor distinguished teachers and, if necessary because of a limited number of professor distinguished teachers, distinguished teachers who teach in the county shall provide a list of qualified candidates to:
1. The principal of the school in which the position is available; and
2. The local superintendent.
(iv) The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided in subparagraph (ii) of this paragraph.
(4) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a distinguished teacher shall:
(i) Teach in the classroom on average 40% of the teacher’s working time; and
(ii) Spend the remaining time on other teacher activities, including:
1. Mentoring lead teachers; and
2. Leading workshops and demonstrations at the school and district level.
(d) (1) The third tier of the teacher leadership track is a professor distinguished teacher.
(2) A professor distinguished teacher is a distinguished teacher with exceptional accomplishments, which may be demonstrated by:
(i) The publication of research papers as a university professor; or
(ii) Being qualified to teach and be a leader in both an institution of higher education and an elementary or secondary school.
(3) Candidates to be a professor distinguished teacher include:
(i) A senior faculty member in a professional development school who holds a doctorate and is qualified to serve as a clinical professor; and
(ii) A teacher who:
1. Is based at an institution of higher education;
2. Serves as a mentor and instructor of teachers in training;
3. Mentors new teachers during induction; and
4. Designs and leads professional development across the State.
(4) (i) A county board shall appoint a professor distinguished teacher in consultation with the appropriate institution of higher education.
(ii) Throughout the process of selecting a professor distinguished teacher under this paragraph, priority shall be given to distinguished teachers who have experience teaching, leading teachers, and developing teachers in schools that:
1. Reflect the racial and ethnic diversity of the State; or
2. Have received a grant under § 5–223 of this article.
(5) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a professor distinguished teacher shall teach in a classroom on average 20% of the teacher’s working time.
(e) When the career ladder under § 6–1002(a) of this subtitle is determined by the Accountability and Implementation Board to be well established throughout the State, a county board shall select:
(1) A mentor teacher for induction programs and teacher training practicums from the teacher leadership track; and
(2) An expert to write curriculum and assessment items and develop model lessons from the distinguished teacher and professor distinguished teacher tiers of the teacher leadership track.
(f) (1) Except as provided in paragraph (2) of this subsection, a teacher in the teacher leadership track shall spend a portion of their working time teaching in the classroom.
(2) A teacher in the teacher leadership track may be assigned nonteaching duties for a period of time, but shall return to teaching in the classroom after a certain period of time, as determined by the county board.
Md. Code, Education § 6-1005
(a) Each county board may convene a local career ladder development board.
(b) The membership of the local career ladder development board shall include advanced teachers and stakeholders.
(c) The local career ladder development board shall set standards for teachers to achieve each tier in the teacher leadership track in the county.
Md. Code, Education § 6-1006
(a) (1) There is an administrator track on level four of the career ladder.
(2) The primary purpose of the administrator track is to develop teachers into principals.
(3) A teacher on the administrator track is responsible for managing administrative functions in the school.
(b) (1) The first tier of the administrator track is a licensed principal.
(2) (i) The State Board, in consultation with the Professional Standards and Teacher Education Board, shall establish the criteria that a teacher shall meet to achieve the licensed principal tier.
(ii) The criteria under subparagraph (i) of this paragraph:
1. Except as provided in subparagraph (iii) of this paragraph and beginning on July 1, 2029, shall include a requirement that a teacher be an NBC teacher before the teacher may be a licensed principal; and
2. May include a requirement that a teacher shall complete an induction or training program for new principals.
(iii) The State Board, in consultation with the Professional Standards and Teacher Education Board, shall establish a process through which an individual may receive a waiver to serve as a licensed principal if the individual:
1. Is not an NBC teacher; but
2. Meets other qualifying criteria, as determined by the State Board, in consultation with the Professional Standards and Education Board.
(3) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a licensed principal is encouraged to teach in the classroom for at least 10% of the principal’s working hours.
(4) (i) When a licensed principal position becomes available in the county, a licensed principal shall be selected in accordance with this paragraph.
(ii) Throughout the process of selecting a licensed principal under this paragraph, priority shall be given to teachers who have experience teaching in schools that:
1. Reflect the racial and ethnic diversity of the State; or
2. Have received a grant under § 5–223 of this article.
(iii) Teacher leaders, other licensed principals, and distinguished principals in the county shall provide a list of qualified candidates to the local superintendent.
(iv) The local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
(c) (1) The second tier of the administrator track is distinguished principal.
(2) To be a distinguished principal, a teacher shall demonstrate the ability to:
(i) Effectively identify, attract, lead, and retain highly professional teachers;
(ii) Organize and manage a school in a way that incentivizes and supports teachers to do their best work;
(iii) Set high standards for faculty and students and achieve the standards set by others;
(iv) Work with stakeholders on the teacher’s vision;
(v) Identify and help cultivate a teacher’s potential for growth;
(vi) Help students, parents, and teachers embrace the goal for all students to achieve internationally competitive standards;
(vii) Mentor and support other principals; and
(viii) Help other principals achieve higher levels of performance.
(3) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a distinguished principal is encouraged to teach in a classroom for at least 10% of the principal’s working hours.
(4) (i) When a distinguished principal position becomes available in the county, a distinguished principal shall be selected in accordance with this paragraph.
(ii) Throughout the process of selecting a distinguished principal under this paragraph, priority shall be given to licensed principals who have experience teaching and serving as principals in schools that:
1. Reflect the racial and ethnic diversity of the State; or
2. Have received a grant under § 5–223 of this article.
(iii) Teacher leaders and other distinguished principals in the county shall provide a list of qualified candidates to the local superintendent.
(iv) The local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.
(d) All licensed and distinguished principals shall:
(1) Be trained in and demonstrate capability with racial awareness and cultural competence, including:
(i) Teaching students and managing teaching faculty from different racial, ethnic, and socioeconomic backgrounds; and
(ii) Implementing restorative practices;
(2) Cultivate a school environment in which teachers:
(i) Develop cultural competence;
(ii) Enhance empathy and respect for students;
(iii) Work to eliminate biases and stereotypes; and
(iv) Provide instruction in a manner that assumes that all students regardless of their race, ethnicity, gender, or other characteristics are capable of the highest levels of academic achievement; and
(3) Be evaluated on their success in fostering the school environment in item (2) of this subsection.
(e) A county board may add a tier to the administrator track for district office directors.
Md. Code, Education § 6-1007
(a) (1) In addition to the other requirements of this subtitle, movement up the career ladder shall depend on:
(i) The teacher’s performance;
(ii) The teacher’s experience; and
(iii) The availability of positions.
(2) A teacher may not be promoted to the next level or tier on the career ladder unless:
(i) The most recent evaluation of the teacher’s instruction by the principal or other individual, as determined by the county board, is effective;
(ii) The teacher and the principal, supervisor, or any other individual, as determined by the county board, agree that the teacher is ready to take on the additional responsibilities required by the position at the next level; and
(iii) There is an open position at the next level.
(3) Promotion up the career ladder is not guaranteed.
(b) In choosing a candidate for an open position in the career ladder, consideration shall be given to the candidate’s experience in schools that represent the demographic and economic diversity of the school system.
(c) As a teacher moves up the career ladder and receives effective evaluations, the teacher shall be given increased authority, responsibility, and autonomy for making school–level decisions.
(d) Movement from one level or tier to a higher level or tier shall result in a salary increase consistent with § 6–1009 of this subtitle.
(e) A teacher may move from one track of the career ladder to a different track with the approval of the principal of the school in which they teach.
Md. Code, Education § 6-1008
(a) Teachers are encouraged to obtain an NBC and participate in the career ladder.
(b) (1) In this subsection, “Program” means the program established under paragraph (2) of this subsection.
(2) (i) There is a Program to:
1. Encourage and support teachers in the State in obtaining and maintaining an NBC, including teachers from groups historically underrepresented in the teaching profession; and
2. Develop a culture of collaborative support for accomplished teaching.
(ii) The Program shall include:
1. A virtual course for teachers interested in pursuing an NBC;
2. Virtual and in–person support to teachers pursuing an NBC; and
3. Training and support for National Board Facilitators.
(3) The Department shall establish a National Board Coordinator to direct the Program, including by coordinating with the Local National Board Coordinators and the National Board Facilitators in each school system or region.
(4) Each local superintendent shall select a Local National Board Coordinator to:
(i) Organize the delivery of the Program in each local school system by collaborating with:
1. Local teacher preparation programs and nonprofit organizations that have a record of success in helping teachers obtain NBC;
2. The National Board for Professional Teaching Standards, which has established resources and tools for teachers seeking NBC; and
3. Representatives of employee organizations designated as the exclusive negotiating agent for the public school employees in a unit of the county;
(ii) Recruit, train, and support National Board Facilitators in the region; and
(iii) Collaborate with the National Board Coordinator.
(5) A local superintendent may choose to enter into a regional agreement to implement the Program with one or more local school systems.
(6) (i) National Board Facilitators shall provide teachers in the local school system or in the region with virtual and in–person support and coaching in obtaining and maintaining an NBC.
(ii) National Board Facilitators shall be selected:
1. By the local superintendent; or
2. If the local superintendent entered into a regional agreement under paragraph (5) of this subsection, in a manner as specified under the agreement.
(c) County boards shall encourage teachers to obtain master’s degrees in fields that require special expertise, have shortage areas, and enhance the teacher’s professional skills and qualifications so that teachers are able to teach dual–enrollment courses as adjunct faculty at institutions of higher education including by providing additional compensation as appropriate and through collective bargaining.
Md. Code, Education § 6-1009
(a) (1) Subject to paragraph (2) of this subsection, beginning on July 1, 2022, teacher salary increases associated with the career ladder shall at a minimum include the following:
(i) Becoming an NBC teacher – $10,000 salary increase;
(ii) An NBC teacher teaching at a low–performing school as identified by the county board – $7,000 salary increase;
(iii) Becoming lead teacher – $5,000 salary increase;
(iv) Becoming distinguished teacher – $10,000 salary increase;
(v) Becoming professor distinguished teacher – $15,000 salary increase; and
(vi) Becoming a distinguished principal – $15,000 salary increase.
(2) The teacher salary increases under paragraph (1) of this subsection do not apply to paragraph (1)(iii) through (vi) of this subsection until § 6–1002(a) of this subtitle becomes effective as recommended by the Department and approved by the Accountability and Implementation Board.
(b) (1) Salary increases associated with maintenance of an NBC are subject to collective bargaining in accordance with § 6–408 of this title.
(2) The State share for the following salary increases provided under paragraph (1) of this subsection shall not exceed the following amounts:
(i) Earning a first maintenance of NBC – $8,000 salary increase;
(ii) Earning a second maintenance of NBC – $7,000 salary increase; and
(iii) Earning a third maintenance of NBC – $6,000 salary increase.
(c) (1) If a teacher is eligible for more than one salary increase under subsections (a) and (b) of this section, the teacher shall receive all salary increases that apply.
(2) A teacher that receives a salary increase under subsection (a)(2) of this section for teaching at a low–performing school may not lose that salary increase while teaching at the school even if the school ceases to be low–performing.
(d) On or before July 1, 2024, each county shall demonstrate to the Accountability and Implementation Board established under § 5–402 of this article that, during the period between July 1, 2019, and June 30, 2024, teachers in the county received a 10% salary increase above the negotiated schedule of salary increases between the public school employer and exclusive representative for the employee organization.
(e) Beginning on July 1, 2026, the minimum teacher salary for all teachers shall be $60,000.
(f) (1) In this subsection, “total program amount” means the sum of, for each item under subsections (a) and (b)(2) of this section:
(i) The teacher salary increase multiplied by the number of teachers receiving the salary increase; and
(ii) Rounded to the nearest whole dollar.
(2) The increase in the salary required under subsections (a) and (b)(2) of this section shall be a shared cost between the State and the county in accordance with this subsection.
(3) The required State share for each county is the result of the following calculation multiplied by 0.5 and rounded to the nearest whole dollar:
(i) The salary increase multiplied by the number of teachers eligible to receive the salary increase in the prior fiscal year;
(ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil as defined in § 5–201 of this article; and
(iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.
(4) The required local share is equal to the total program amount for each county minus the State share calculated under paragraph (3) of this subsection and rounded to the nearest whole dollar.
(g) (1) Beginning in fiscal year 2023, the State shall distribute the State share of the teacher salary increases as calculated under subsection (f) of this section to each county board.
(2) Beginning in fiscal year 2023, the county shall distribute the local share of the teacher salary increases as calculated under subsection (f) of this section to each county board.
(3) Beginning in fiscal year 2023, the county board shall distribute the State and the local share of the teacher salary increase to the school in which the teacher works.
Md. Code, Education § 6-1010
(a) Teacher evaluation systems used in connection with the career ladder shall:
(1) Be aligned with the five core propositions of the National Board for Professional Teaching Standards;
(2) Include a peer assistance and review model;
(3) Define the system’s expectations for an evaluator’s level of skill and knowledge; and
(4) Include a calibrated method to measure performance and to provide personalized feedback that is aligned with the teacher’s strengths, needs, and professional learning context.
(b) An evaluation system used in connection with a career ladder shall use observations to evaluate a teacher that:
(1) Include documented observable evidence;
(2) Are linked to student learning and not solely consist of simple checklists;
(3) Include post observation conferences between the teacher and evaluator to encourage reflection on the teacher’s teaching practice;
(4) Require an assessment of the competency of the evaluator;
(5) Are developed with stakeholders; and
(6) Require teachers and evaluators to be fully trained to understand the evaluation process.
Md. Code, Education § 6-1011
(a) (1) On or before July 1, 2024, the Department shall develop and design a new system of professional development that is tied to the career ladder.
(2) The new system of professional development shall include:
(i) Training on how to lead and mentor teams of professionals to promote professional learning among colleagues;
(ii) Training on how to collaborate with colleagues to improve student performance;
(iii) Training on how to design and support collaborative professional learning for teachers pursuing an NBC;
(iv) A train–the–trainer model; and
(v) Advanced training on the science of learning specific to individual disciplines.
(b) On or before June 30, 2026, each county board shall provide the system of professional development designed by the Department under subsection (a) of this section to each teacher who teaches in the county.
(c) Beginning on July 1, 2026, each county board shall provide the system of professional development designed by the Department under subsection (a) of this section to each teacher teaching in the county no later than 1 year after the teacher begins teaching in the State.
Md. Code, Education § 6-1012
(a) In this section, “nonclassroom teacher” means a position in a school for which, if the individual earns NBC, the individual is eligible to join the career ladder, including:
(1) Administrators;
(2) Assistant principals;
(3) Instructional specialists; and
(4) Principals.
(b) (1) Except as provided under paragraph (2) of this subsection, each teacher or nonclassroom teacher who pursues NBC shall receive from the State an amount equal to the National Board for Professional Teaching Standards fees associated with the initial completion and renewal of NBC.
(2) Each teacher and nonclassroom teacher may only receive payment under this subsection for one retake of each assessment on the National Board for Professional Teaching Standards.
(c) Each county shall pay to the State one–third of the cost for each teacher or nonclassroom teacher who receives funds under subsection (b) of this section to pursue NBC.
(d) (1) A teacher or a nonclassroom teacher who does not complete all the requirements for assessment by the National Board for Professional Teaching Standards shall reimburse the State the full amount of the funds received under subsection (b) of this section.
(2) The State shall reimburse the county the amount received under subsection (c) of this section on receipt of the reimbursement from a teacher or nonclassroom teacher under paragraph (1) of this subsection.
(3) The provisions of paragraph (1) of this subsection do not apply to a teacher or nonclassroom teacher who completes all the requirements for assessment by the National Board for Professional Teaching Standards but does not obtain NBC.
Md. Code, Education § 6-1013
The State Board, in consultation with the Professional Standards and Teacher Education Board and the Accountability and Implementation Board established under § 5–402 of this article, shall adopt regulations to implement the provisions of this subtitle.
Md. Code, Education § 6-1101
(a) In this subtitle the following words have the meanings indicated.
(b) “Coordinator of professional learning” means an employee of the Department who:
(1) Is a licensed educator;
(2) Develops and facilitates professional learning opportunities for educators and administrators in the State; and
(3) Assists administrators in implementing evidence–based instructional practices.
(c) “Fund” means the Academic Excellence Fund.
(d) “Instructional coach” means an employee of a local school system who:
(1) Is a licensed educator;
(2) Provides coaching to teachers and other education professionals to improve instruction; and
(3) Helps educators integrate evidence–based practices into their pedagogy.
(e) “Program” means the Academic Excellence Program.
(f) “Regional project manager” means an employee of the Department who oversees instructional coaches and coordinators of professional learning in a designated region.
Md. Code, Education § 6-1102
(a) There is an Academic Excellence Program in the Department.
(b) The purpose of the Program is to address critical academic needs in public schools and ensure that Maryland students have equitable access to high–quality instruction and targeted academic support by:
(1) Providing direct coaching support to teachers and administrators;
(2) Ensuring that the coaching support is consistently conducted in a manner that research has shown is likely to result in positive student outcomes; and
(3) Delivering targeted professional learning opportunities for educators and administrators to implement evidence–based instructional practices.
(c) (1) Under the Program, instructional coaches and coordinators of professional learning shall provide educators in selected schools with:
(i) Coaching to improve instruction and the integration of evidence–based practices into the classroom; and
(ii) Access to high–quality, job–embedded, and targeted professional learning opportunities.
(2) Under the Program, regional program managers shall oversee and coordinate the activity of instructional coaches and coordinators of professional learning in a designated region to ensure that local needs are considered and met.
(d) The Department shall enter into a cooperative agreement with a county board that elects to participate in the Program.
(e) (1) Using accountability data, the Department, in collaboration with participating local school systems, shall identify the schools that are most in need of support from the Program.
(2) The Department shall prioritize selecting schools with:
(i) Low proficiency rates; and
(ii) Declining achievement results in recent years.
(3) Within a selected school, administrators shall work with the Department to identify the teachers and other educators who will benefit most from the professional development opportunities provided by instructional coaches.
(f) (1) During fiscal years 2026 and 2027, the Program shall focus on early literacy instruction and support of elementary school educators.
(2) In subsequent fiscal years, the Program shall expand its focus to incorporate other academic topics and grade levels, with particular attention paid to foundational mathematics instruction.
Md. Code, Education § 6-1103
(a) (1) The Department shall develop criteria for the selection of instructional coaches.
(2) At a minimum the selection criteria shall include:
(i) Methods to identify highly qualified educators with expertise in the instructional topic and grade level for which the educator will be providing coaching; and
(ii) A means to assess the potential of an educator for leadership and professional development through coaching.
(3) A regional program manager, in coordination with a participating county board, shall use the Department’s criteria to select instructional coaches.
(b) (1) The Department shall establish a training plan for instructional coaches that provides each instructional coach with the tools to support educators using research–based strategies tailored to the needs of each educator and the educator’s students.
(2) Each instructional coach shall be trained using the Department’s training plan.
(c) An instructional coach shall oversee educators at two to four different public schools in the local school system in which the coach works.
(d) An instructional coach shall support educators by providing job–embedded feedback designed to:
(1) Lead to long–term instructional improvement;
(2) Assist an educator in creating a pedagogy that is individually tailored to meet the needs of each student, regardless of the student’s linguistic status, disability status, or background; and
(3) Close student achievement gaps.
Md. Code, Education § 6-1104
(a) (1) Under the Program, the Department shall employ regional program managers to oversee the work of instructional coaches.
(2) Each regional program manager shall ensure that instructional coaches are meeting local educator and student needs and working in alignment with State priorities, including the principles for the Blueprint for Maryland’s Future.
(3) Regional program managers shall support instructional coaches by providing:
(i) Evidence–based tools and strategies and professional development materials;
(ii) An analysis of educator practices and student outcomes to ensure that instructional coaches provide support in a targeted manner;
(iii) Assistance with family and community engagement; and
(iv) Guidance to ensure professional development is research–based and designed to reflect the diverse linguistic and cultural needs of students in the State.
(b) (1) Beginning in fiscal year 2028, the Department shall employ coordinators of professional learning through the Program.
(2) A coordinator of professional learning shall:
(i) Provide professional development to educators and administrators in a local school system by establishing learning modules and through the use of appropriate tools and platforms; and
(ii) Collaborate with administrators to collect data to create a professional learning plan that aligns with the needs of a school.
Md. Code, Education § 6-1105
(a) (1) There is an Academic Excellence Fund.
(2) The purpose of the Fund is to provide grants to address critical academic needs in schools, particularly those identified as low–performing.
(3) The Department shall administer the Fund.
(4) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(5) (i) The Fund consists of:
1. Money appropriated in the State budget to the Fund; and
2. Any other money from any other source accepted for the benefit of the Fund.
(ii) Money from the Blueprint for Maryland’s Future Fund established under § 5–206 of this article may not be transferred into the Fund.
(6) The Fund may be used only for grants to county boards, institutions of higher education, nonprofit organizations, or other entities for the following purposes:
(i) Contracts with vendors to provide services;
(ii) Training and workshops;
(iii) Program implementation;
(iv) Administrative costs of the Program;
(v) Program evaluation and reporting; and
(vi) Any other costs approved by the Department.
(7) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii) Any interest earnings of the Fund shall be credited to the Blueprint for Maryland’s Future Fund under § 5–206 of this article.
(8) Expenditures from the Fund may be made only in accordance with the State budget.
(b) Each year, the Department shall collect the following data:
(1) The total amount of money disbursed from the Fund, disaggregated by county; and
(2) The total number of schools served by the Fund.
Md. Code, Education § 6-1106
The Department may adopt policies, procedures, and regulations to carry out this title.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026