Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 04 BOATING
08.04.09 Boat Dealer License
Authority: Natural Resources Article, §8-710, Annotated Code of
Maryland
Notice of Proposed Action
[25-306-P]
The Secretary of Natural Resources proposes to amend Regulation .01
under COMAR 08.04.09 Boat Dealer License.
Statement of Purpose
The purpose of this action is to update the annual license fee for
a boat dealer. The proposed action increases the fee from $25 to $50. During
the 2025 Maryland Legislative Session, the General Assembly passed House Bill
719. The bill was signed by Governor Moore, became effective October 1, 2025
(2025 Md. Laws, Chap. 433), and requires the Department to set the license fee
at an amount not to exceed $50. The increase in the fee reflects the increasing
costs for the Department to do business.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action updates
the boat dealer license fee for the first time since 1983. It will have a
positive impact on the Department. The revenue from this increase will allow
the Department's licensing and registration programs to continue to be self-sustaining.
The proposed action will have a negative impact on boat manufacturers and
dealers that conduct business in Maryland.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Natural Resources
|
(R+)
|
$10,750
per year
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Boat Dealer Licensees
|
(-)
|
$25
per year
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The Department currently has 430 active boat dealer licenses.
The revenue from those license sales is $10,750. The increased license fee
would provide an additional $10,750 per year. The proposed action updates the
boat dealer license fee for the first time since 1983 and the revenue from this
increase will allow the Department's licensing and registration programs to
continue to be self-sustaining.
D. A manufacturer or dealer may not conduct business in the State
unless licensed as a Maryland boat dealer. A dealer with multiple locations in
the State must secure a separate license for each location where sales
activities take place. The impact to each manufacturer or dealer is an
additional $25 per location each year.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action may have an economic impact on small
businesses. The proposed action has an economic impact on boat manufacturers
and dealers that conduct business in Maryland. A manufacturer or dealer may not
conduct business in the State unless licensed as a Maryland boat dealer. A
dealer with multiple locations in the State must secure a separate license for
each location where sales activities take place. It is unknown how many of the
manufacturers and dealers are considered small businesses, so the actual impact
to small businesses is indeterminable. However, the impact to each manufacturer
or dealer is an additional $25 per location each year.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Boat Dealer License Regulations, Regulatory
Staff, Maryland Department of Natural Resources Fishing and Boating Services,
580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to
[email protected] or complete the comment form at
https://dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx.
Comments will be accepted through March 23, 2026. A public hearing has not been
scheduled.
.01 Boat Dealer License.
A. License Application.
(1)—(2) (text unchanged)
(3) The annual license fee is [$25] $50.
(4) (text unchanged)
B.—E (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 12 DIVISION OF LABOR AND INDUSTRY
09.12.66 Inflatable Amusement Attractions
Authority: Business Regulation Article, §§3-302, 3-307, 3-313,
Annotated Code of Maryland
Notice
of Proposed Action
[26-005-P-I]
The Commissioner of Labor and Industry
proposes to amend Regulations .02 and .03, adopt new Regulation .09,
amend and recodify existing Regulations .09—.12, .14—.16, .18,
and .19 to be Regulations .10—.13, .15—.17, .19,
and .20, respectively, and recodify existing Regulations .13, .17,
.20, and .21 to be Regulations .14, .18, .21,
and .22, respectively, under COMAR .09.12.66 Inflatable Amusement
Attractions.
At this time, the Commissioner of Labor and
Industry is withdrawing a previously proposed action to this chapter which was
published in 52:23 Md. R 1143—1146 (November 14, 2025). This action was
considered at a public meeting of the Maryland Amusement Ride Safety Board held
on June 2, 2025 notice of which was provided by posting on the Maryland
Department of Labor website pursuant to General Provisions Article,
§3-302(c)(3), Annotated Code of Maryland.
Statement
of Purpose
The purpose of this action is to incorporate
by reference the American Society for Testing and Materials, F2374-22 and amend
related regulations to include reference to applicable sections of F2374-22,
amend to include certain defined terms, clarify certain requirements related to
weather and anchorage, amend certain reporting requirements, update fire
extinguisher requirements and amend to clarify location and clearance
requirements.
Estimate
of Economic Impact
The proposed action has no economic impact.
Economic
Impact on Small Businesses
The proposed action has minimal or no
economic impact on small businesses.
Impact
on Individuals with Disabilities
The proposed action has no impact on
individuals with disabilities.
Opportunity
for Public Comment
Comments may be sent to Jack Mirabella,
Senior Policy Advisor, Division of Labor and Industry, Maryland Department of
Labor, 10946 Golden West Drive, Hunt Valley, Maryland 21031, or call
443-806-1116, or email to [email protected]. Comments
will be accepted through March 23, 2026. A public hearing has not been
scheduled.
Editor’s
Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of
Maryland, The ASTM International Standards on Amusement Rides and
Devices: F2374-22 Standard Practice for Design, Manufacture, Operation, and
Maintenance of Inflatable Amusement Devices (2022) (ASTM F2374-22), excluding
Sections 5.5.5.2(4), 5.12.7.2(2), 5.16.6, 7.5.4.1 reference to 7.9, 7.5.5.3(2),
7.7.4, 7.9, 7.10 & 7.11.1 has been declared a document generally
available to the public and appropriate for incorporation by reference. For
this reason, it will not be printed in the Maryland Register or the Code of Maryland
Regulations (COMAR). Copies of this document are filed in special public
depositories located throughout the State. A list of these depositories was
published in 53:1 Md. R. 10 (January 9, 2026), and is available online at
www.dsd.maryland.gov. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.02 Incorporation by
Reference.
In this chapter, the
following documents are incorporated by reference to the extent that they are
referenced in this chapter:
[The ASTM
International Standards on Amusement Rides and Devices: 7th Edition, F2374-04
Standard Practice for Design, Manufacture, Operation, and Maintenance of
Inflatable Amusement Devices (2004) (ASTM F2374-04)] The ASTM International Standards on
Amusement Rides and Devices: F2374-22 Standard Practice for Design,
Manufacture, Operation, and Maintenance of Inflatable Amusement Devices (2022)
(ASTM F2374-22), excluding Sections 5.5.5.2(4), 5.12.7.2(2), 5.16.6, 7.5.4.1
reference to 7.9, 7.5.5.3(2), 7.7.4, 7.9, 7.10 & 7.11.1; and
B. The National Electrical
Code, ANSI/NFPA #70-[2005] 2020,
which is incorporated by reference in COMAR 20.50.02.02.
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(10) (text unchanged)
(11) “Permanently erected inflatable amusement
attraction” means an inflatable amusement attraction erected in the same
location for more than 30 consecutive days.
[(11)](12)—[(13)](14) (text unchanged)
(15) “Sustained wind speed”
means wind speed determined by averaging observed values over a two-minute
period.
[(14)] (16) (text unchanged)
(17) “Wind gust” means a
rapid fluctuation of wind speed determined by averaging observed values over a
two-minute period.
.09 Applicability of ASTM F2374-22.
A. For an inflatable amusement attraction manufactured after January 1,
2026, in addition to the requirements of this chapter, the requirements of ASTM
F2374-22 shall apply.
B. For an inflatable amusement attraction manufactured before January
1, 2026, in addition to the requirements of this chapter, ASTM F2374-22 shall
apply except Sections 5.5.5, 5.5.5.1, 5.13, and 6.1.3.
[.09] .10 Operation.
A. (text unchanged)
B. [Except as
provided in §C of this regulation, an owner shall ensure that an inflatable
amusement attraction is operated in accordance with ASTM F2374-04.6.
C.] The owner shall
set up and operate an inflatable amusement attraction in accordance with the
following:
(1) Owner requirements for setting up inflatables amusement attractions:.
(a) [Inflatable] An
inflatable amusement [attractions
may] attraction shall not be operated when the maximum sustained wind speed is [25]
15 mph or greater; or
(b) When there are wind gusts lasting 3 seconds or longer with wind
speed of 25 mph or greater in the immediate area where the inflatable
attraction is being operated.
(2) (text unchanged)
(3) Blowers and inflation
tubes shall be positioned to prevent kinks or bends in the inflation tube; and
(4) [Blowers and inflation
tubes may not impede the ingress to or egress from the inflatable amusement
attraction; and
(5)] Inflatable amusement
attractions shall be anchored or secured in accordance with the manufacturer’s
specifications or the following requirements:
(a)—(c) (text unchanged)
(d) Each anchor must be:
(i) At least 1 inch in diameter; and
(ii) Solid in composition;
[(d)](e) Anchors can be straight stakes,
screw stakes, ground weights, or sandbag ground anchors, and must comply with
the following:
(i) If straight stakes are
used, they must [range from 30 inches to 42] be at least 36 inches in length with at least 75 percent or more of
the length in the ground; and
(ii) (text unchanged)
[(e)](f) (text unchanged)
[(f)](g) Tie-downs should not be attached to
motor vehicles; [and]
[(g)](h) Tie-downs should comply with
manufacturer’s specifications or have a minimum tensile strength of 3,700
pounds or 370 pounds safe working load[.]; and
(5) Permanently erected inflatable amusement attractions shall comply
with the following:
(a) The manufacturer’s specifications;
(b) The requirements of ASTM F2374-22.5.6.9.1;
(c) The requirements in subsections B(1)—(4) of this subsection; and
(d) If erected with stakes or bolts, the stakes or bolts shall be
inspected prior to each operation to ensure:
(i) Secure anchorage;
(ii) No corrosion of anchorage; and
(iii) No debris near anchorage.
C. Weather conditions
and forecast for the zip code area where the inflatable amusement attraction is
operated shall be:
(1) Set up monitoring:
(a) Monitored prior to
set up of the inflatable amusement attraction; and
(b) Recorded in a
written log as provided for in §12(d)(2) of this regulation;
(2) Monitored periodically during operations using a National Oceanic
and Atmospheric Administration weather radio application or source similar in
reliability.
D. Wind speeds shall be
monitored prior to the setup of an inflatable amusement attraction and
periodically during operation using an anemometer or other reliable method.
[D.] E. (text unchanged)
[E.] F. General Owner Obligations.
(1) [The owner shall have
a prohibition on the use of drugs and alcohol for operators and attendants
during the performance of their duties.
(2) The owner shall
prevent the use of an inflatable amusement attraction when the attraction is
not in operation.] An owner shall comply
with ASTM F2374-22.7.4.
[(3)](2)—[(4)](3) (text unchanged)
[F.] G. Operators.
(1) The owner shall ensure
each inflatable amusement attraction:
(a) [is] Is under the direct control of an
operator who has been trained in the operation of the assigned inflatable
amusement attraction[.]; and
(b) Has the
appropriate number of operators in the appropriate locations as provided for by
the manufacturer’s specifications.
(2) The owner shall ensure
that a designated operator:
(a)—(d) (text
unchanged)
(e) Has control of the
inflatable amusement attraction at all times; [and]
(f) Enforces applicable
restrictions[.]; and
(g) Has no other distractions from the operator’s responsibilities.
[G.] H. Operator and Attendant
Identification.
(1)—(2) (text unchanged)
(3) Before issuing any
identification, the owner shall train the operator and the attendant in
accordance with [§H] §I
of this regulation.
[H.] I. Operator and Attendant Training.
[(1) The owner
shall provide training to each operator and attendant of an inflatable
amusement attraction.
(2) An owner shall train
operators and attendants in the following:
(a) Specific inflatable
amusement attraction operational policies and procedures consistent with the
manufacturer’s instructions;
(b) Specific duties and
responsibilities of the operator and the attendant;
(c) Emergency procedures
in the event of an abnormal condition, interruption of power, or severe
environmental conditions;
(d) Instructions on
general safety procedures; and
(e) Additional
instructions considered necessary by the owner.]
(1) An owner shall
comply with the requirements of ASTM F2374-22.7.8 regarding operator and
attendant training;
(2) An operator or
attendant shall be trained on how to monitor the local weather including
assessing the wind speeds using an anemometer or other reliable method; and
(3) (text unchanged)
[I.] J. Daily Inspection Program.
[(1) The owner
shall ensure that each inflatable amusement attraction is inspected and tested
by a qualified person each day before operation, with a daily preopening
inspection program that complies with this subsection.
(2) The daily preopening
inspection program shall include, but not be limited to, the following:
(a) Inspection and testing
of all user-carrying devices, including tie-downs, anchors, blowers, and
electrical systems;
(b) Inspection and testing
of all automatic and manual safety devices;
(c) Inspection and testing
of control devices, and other equipment provided for safety;
(d) Visual inspection of
all fencing, gates, and guardrails;
(e) Visual inspection of
the inflatable amusement attraction structure, supports, electrical components,
and wiring;
(f) Inspection of
entrances, exits, stairways, ramps, and the area surrounding the inflatable
amusement attraction; and
(g) Confirmation of
functioning communication system and, where necessary, testing of all
communication equipment.]
(1) An owner shall comply with the requirements of ASTM F2374-22.7.7,
except §7.7.4;and
(2) Worn and damaged components shall be repaired or replaced
immediately and before operation.
(3)—(4) (text unchanged)
[(5) Worn and
damaged components shall be repaired or replaced immediately and before
operation.]
[.10] .11 Injury Reporting and Recording.
A. Injury Reporting.
(1) Whenever a death,
in-patient hospitalization, amputation, compound fracture, broken tooth, or
loss of an eye occurs during the use of an inflatable
amusement attraction:
(a) The person who
directly controls the operation of the inflatable
amusement attraction shall immediately close the inflatable amusement attraction until it has been inspected by the
Commissioner; and
(b) The amusement owner
shall report orally or in writing to the Commissioner within 24 hours:
(i)—(iii) (text unchanged)
(iv) Name and manufacturer
of the inflatable amusement
attraction;
(v)—(vi) (text unchanged)
(vii) Name, address, and
phone number of the inflatable
amusement attraction operator and attendants.
(2) If an owner is unaware
of the condition of a member of the public injured during the operation of an inflatable amusement attraction who was
transported away from the premises by an emergency response vehicle, the owner
shall report verbally to the Commissioner within 24 hours the information
required in §A(1)(b) of this regulation.
B. Injury Recording.
(1) In addition to the
reporting requirements of §A of this regulation, all owners shall maintain an
injury log of all injuries to the public that occur during use of inflatable amusement attractions that
require medical treatment by a physician other than one-time first aid and does
not include:
(a)—(b) (text unchanged)
(2) The injury log shall
contain the following information:
(a)—(d) (text unchanged)
(e) Type of inflatable amusement attraction;
(f)—(j) (text unchanged)
(3)—(4) (text unchanged)
(5) An owner shall
maintain injury logs on a calendar year basis [beginning January 1, 2023].
(6) [Beginning
January 1, 2024, an] An owner
shall certify the completeness and accuracy of the information contained on the
injury log by January 15 of the following calendar year.
(7) [Beginning
January 1, 2023, an] An owner
shall provide access to prior years', and the portion completed for the current
year, injury log to the Commissioner.
(8) (text unchanged)
[.11] .12 Records and Reports.
A—C. (text unchanged)
D. Written Logs.
(1) An owner shall ensure that a written log is maintained and:
(a) Written log
requirements:
(i) Contain any reports
from riders complaining of adverse physical effects or operating
inconsistencies occurring during the operation of an amusement attraction; and
(ii) Are submitted to
the Commissioner when multiple reports of a particular nature may indicate a
pattern are shown in the log; and
(b) Contains weather
reports that reflect review of the weather forecast prior to each set up of the
inflatable amusement attraction including the date, time, location of
operation, and description of weather conditions.
(2) A copy of the
written logs required by this section shall be made available to the
Commissioner upon request.
[.12] .13 Design Criteria.
A. An owner shall ensure
that an inflatable amusement attraction is designed and manufactured in
accordance with [the criteria set forth in ASTM F2374-04.5.] Regulation
.09 of this chapter.
B.—C. (text
unchanged)
[.14] .15 Signage.
[A. When a
manufacturer or the Commissioner requires a restriction on the use of an
inflatable amusement attraction, such as the age or weight of a user, a legible
sign indicating the restriction shall be posted in full view of individuals
seeking admission to the inflatable amusement attraction.
B. The location of the
sign shall be:
(1) At the location
specified by the manufacturer;
(2) At the entrance of the
inflatable amusement attraction; or
(3) Close to the
inflatable amusement attraction.] An
owner shall comply with the signage requirements of ASTM F2374-22.7.5.4
excluding “such as, but not limited to, those listed in 7.9” in §7.5.4.1.
[.15] .16 General Environment.
A. Weather-Related and
Environmental Condition Restrictions.
[A.] (1) [All] Except as provided in §A(2)of this regulation, all manufacturer [wind-related
and] weather-related and environmental
condition restrictions shall be complied with[.]; and
[B.] (2) In
the event of lightning, maximum sustained
[winds gusting] wind speed in excess of [25]
15 mph, or wind gusts lasting 3 seconds or longer with wind speed of 25 mph or
greater in the immediate area where the inflatable amusement attraction is
operating, a tornado watch, a severe storm predicted within a 5 mile
radius, fire, or other disturbance, an owner shall implement the following:
[(1)](a)—[(2)](b) (text unchanged)
[C.] B. (text unchanged)
[.16] .17 Fire Protection.
A. (text unchanged)
B. Fire Extinguishers.
(1) An owner shall provide
at least one portable fire extinguisher listed and labeled with a [10-B:C]
ABC rating, as defined by the National
Electrical Code, ANSI/NFPA #70, of not less than 10 pound capacity rating.
(2) (text unchanged)
[.18] .19 Location and Operation.
A. [Assembly and
Disassembly.
(1) The assembly and
disassembly of an inflatable amusement attraction shall be performed:
(a) In accordance with the
manufacturer’s procedures and specifications; and
(b) Using only
manufacturer specified components, fasteners, tools, replacement parts, and
materials.
(2) During assembly, parts
shall be closely inspected to discover excessively worn or damaged parts.]
In addition to the requirements set forth
in this section, an owner shall comply with the installation requirements set
forth in ASTM F2374.22.7562-7.5.6.10.
B. Location.
(1) Placement of the
inflatable amusement attraction at the location where it is to be operated
shall ensure that:
[(a) The inflatable
amusement attraction will be on a level and stable surface;
(b)] (a) The
inflatable amusement attraction is compliant with manufacturer specifications;
(b) The inflatable amusement
attraction is on a level and stable surface after consideration of slope,
topography and surface type;
(c) [There is
continuous pedestrian traffic flow] The
inflatable amusement attraction is not placed in a public right of way and is
away from motor vehicle traffic; and
(d) [It] The inflatable amusement attraction is
accessible by emergency personnel.
(2) Tie-Downs.
(a) (text unchanged)
(b) The immediate area
surrounding the inflatable amusement attraction shall be clear of:
(i) Trees and shrubs, if
they pose a hazard;
(ii) [Trash]
Free from debris; and
(iii) (text unchanged)
C. Clearances.
(1) (text unchanged)
(2) Except for conductors
supplying power to the device, an inflatable amusement attraction may not
operate under or within 15 feet of any power lines, utilities, roads, cliffs or bodies of water.
[.19] .20 Electrical Requirements.
A. [Electrical
systems, conductors, and equipment installed on or used in conjunction with
inflatable amusement attractions shall conform to the requirements of the
National Electrical Code, ANSI/NFPA #70-2005.
B. Each owner shall ensure
that electrical systems required to operate the inflatable amusement
attractions are maintained by a qualified person.
C. Wiring Methods.
(1) Flexible cords used
with temporary and portable lights and extension cord sets used in conjunction
with inflatable amusement attractions shall be:
(a) Suitable for location
(physical damage);
(b) Suitable for use
(outdoor);
(c) Suitable for voltage
(insulation rating); and
(d) Adequate for ampacity
(conductor size).
(2) Flexible cords and
extension cord sets shall be continuous without splice or tap between
connectors.] In addition to the
requirements set forth in this section, an owner shall comply with the
installation requirements set forth in ASTM F2374-22.2.16.4.
[D.] B. (text unchanged)
DEVKI K.VIRK
Commissioner of Labor and Industry
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 04 FISCAL
10.04.01 Local Health Services Funding
Authority: Health-General Article, §2-302, Annotated Code of
Maryland
Notice of Proposed Action
[26-009-P]
The Secretary of Health proposes to amend Regulations .01
and .04 under COMAR 10.04.01 Requirement for Local Matching Funds.
Statement of Purpose
The purpose of this action is to:
(1) Clarify the scope of this chapter relating to the annual
appropriation for local health services which is based on the annual formula
adjustment in accordance with Health-General Article, §2-302(b), Annotated Code
of Maryland; and
(2) Amend the current requirement for local matching funds,
effective for Fiscal Year 2027, pursuant to the 2024 and 2025 Joint Chairmen’s
Report.
Estimate of Economic Impact
I. Summary of Economic Impact. There will be an economic
impact on local governments. While this amount will vary by county per year,
this change is indeterminable. Nevertheless, this change may be significant and
meaningful.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
County Local Governments
|
(E-)
|
Indeterminable
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
C. This amount will vary per county per year resulting in an
indeterminable impact on local governments. Nevertheless, this change may be
significant and meaningful in some jurisdictions.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through March 23,
2026. A public hearing has not been scheduled.
.01 Scope.
A. This chapter governs the provision of funding for local
health services designated in Health-General Article, §2-304, Annotated Code of
Maryland, and, at the discretion of the Secretary, any other State or federal
funds that support these services.
B. This chapter accounts for:
(1) The annual appropriation for local health services which
shall be determined by the annual formula adjustment in accordance with
Health-General Article, §2-302(b), Annotated Code of Maryland, which considers
inflation and population growth within the State; and
(2) Any discretionary funding by the legislature.
C. This chapter seeks to provide predictability and transparency
for subdivisions in budgeting for the subdivision’s local matching funds.
.04 Requirement for Local
Matching Funds.
A. (text unchanged)
B. Local Share Match Requirement.
(1) The local match percentage for each subdivision shall
equal the percentage required for each subdivision for fiscal year 1996.
(2) As of July 1, 2026, the local share match requirement for
any subdivision may not:
(a) Include any salary adjustments included in the legislative
appropriation for State employees; and
(b) Result in an annual increase which exceeds:
(i) The annual formula adjustment; and
(ii) 10 percent above the prior year’s discretionary local share
match requirement for that subdivision.
C. Waiver Requests.
(1) In the case of a demonstrated undue hardship, a subdivision
may request a waiver for the local share match requirement for the fiscal year.
(2) A waiver request must be made in the manner specified by the
Secretary, at minimum the request shall be:
(a) In writing;
(b) Submitted no later than September 30th of each year; and
(c) Signed by the subdivision’s:
(i) Executive or Administrator; and
(ii) Local Health Officer.
(3) If the Secretary determines the local share match
requirement demonstrates undue hardship on the local jurisdiction, the Secretary
may grant a waiver for the subdivision’s local share match requirement.
(4) The Secretary shall respond to a subdivision's complete
waiver request within 30 calendar days.
MEENA SESHAMANI, MD, PHD
Secretary
of Health
Subtitle 27 BOARD OF NURSING
10.27.01 Examination and Licensure
Authority: Health Occupations Article, §§1–230, 8-101,
8-302, and 8-307, Annotated Code of Maryland
Notice of Proposed Action
[26-004-P]
The Secretary of Health proposes to amend Regulations .01, .05,
and .10 under COMAR 10.27.01 Examination and Licensure. This action was considered by the public at a
public meeting held on November 19, 2025, notice of which was given by
publication on the Board’s website at
https://health.maryland.gov/mbon/Pages/meet ings-index.aspx, pursuant to
General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Align the Board’s English Language Proficiency (ELP)
requirements with the examinations recognized by the U.S. Department of Health
and Human Services);
(2) Prohibit a health occupations board from requiring an applicant
to provide additional evidence of English proficiency if the individual holds a
valid, unrestricted license, certification, or registration from another state
that requires such evidence for licensure, certification, or registration; and
(3) Establish an alternative pathway for endorsement applicants
applying for registered nurse licensure; pursuant to House Bill 19/Chapter 416
of 2025, Health Occupations - Nursing - Loan Repayment, Education, and Sunset
Extension (Building Opportunities for Nurses Act of 2025), and Senate Bill
72/Chapter 732 of 2025, Health Occupations Boards – English Proficiency
Requirements and Licensure by Endorsement for Nursing.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through March 23,
2026. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) [Certified Nursing Assistant.
(a) “Certified nursing assistant” means an individual, regardless
of title, who routinely performs nursing tasks delegated by a registered nurse
or licensed practice nurse for compensation.
(b) “Certified nursing assistant” does not mean a certified
medication technician.] "Certified nursing assistant (CNA)"
has the meaning stated in Health Occupations Article, §8-6A-01, Annotated Code
of Maryland.
(7)—(11) (text unchanged)
(12) “Direct patient care” means healthcare activities that
involve direct interaction between a healthcare professional and a
patient.
[(12) “Educational qualifications” means that at the
time the applicant graduated from a registered nursing or licensed practical
nursing education program, that program was substantially equivalent to the
registered nursing or practical nursing education programs approved in this
State.]
(13)—(14) (text unchanged)
[(15) “Geriatric nursing assistant” means a certified
nursing assistant who has successfully completed the requirements for geriatric
nursing assistant mandated under federal law and the regulations of the Board.]
(15) Entry-level Registered
Nursing Education Program.
(a) “Entry-level registered nursing education program” means a
registered nursing education program that is the initial entry point for formal
registered nursing education that, upon successful completion, qualifies an
individual with no prior registered nursing education to obtain licensure as a
registered nurse.
(b) “Entry-level registered nursing education program” does not
include degree completion programs, including but not limited to:
(i) Associate of Applied Science Degree in Nursing to
Baccalaureate of Science Degree in Nursing (AAS-BSN);
(ii) Associate of Degree in Nursing to Baccalaureate of Science
Degree in Nursing (ADN-BSN);
(iii) Associate of Applied Science Degree in Nursing to Masters
of Science Degree in Nursing (AAS-MSN);
(iv) Associate Degree in Nursing to Masters of Science Degree in
Nursing (ADN-MSN);
(v) Baccalaureate of Science Degree in Nursing to Masters of
Science Degree in Nursing (BSN-MSN);
(vi) Baccalaureate of Science Degree in Nursing to Doctor of
Philosophy (BSN-PHD);
(vii) Baccalaureate of Science Degree in Nursing to Doctor of
Education (BSN-EDD);
(viii) Baccalaureate of Science Degree in Nursing to Doctor of
Nursing Practice (BSN-DNP);
(ix) Masters of Science Degree in Nursing to Doctor of
Philosophy (MSN-PHD);
(x) Masters of Science Degree in Nursing to Doctor of Education
(MSN-EDD);
(xi) Masters of Science Degree in Nursing to Doctor of Nursing
Practice (MSN-DNP); or
(xii) Masters of Science Degree in Nursing to Post Masters
Certificate/Post Graduate Certificate.
(16)—(18) (text unchanged)
(19) “Nursing assistant” means [either:
(a) A certified nursing assistant; or
(b) A geriatric nursing assistant.] an individual
certified by the Board as a certified nursing assistant.
(20)— (25) (text unchanged)
C.—D. (text unchanged)
.05 Qualifications of Applicants for Examination.
A. An applicant for the registered nurse licensure examination
shall:
(1) Complete satisfactorily and meet all requirements for a diploma
or degree from [a] an entry-level registered nursing
education program approved by the Board; or
(2) Have a diploma or degree from [a] an
entry-level registered nursing education program in another state,
territory, or country determined by the Board to be substantially equivalent to
the registered nursing education program approved in this State at the time of
the applicant's graduation.
B. (text unchanged)
C. [Applicants who are unable to prove written and oral
competency in the English language in accordance with Health Occupation
Article, §8-302(e)(2) or (4), Annotated Code of Maryland, shall submit evidence
of proficiency in listening, reading, speaking, and writing the English
language by obtaining a minimum passing score on one of the following
Board-approved English language competency examinations:] Applicants
for registered nurse licensure and licensed practical nurse licensure who take
an English proficiency examination approved by the U.S. Department of Health
and Human Services in order to demonstrate English language proficiency under
Health Occupations Article, § 8-302(e), Annotated Code of Maryland, shall
obtain the minimum passing scores for registered nurses and licensed practical
nurses set by the Health Resources and Services Administration of the U.S.
Department of Health and Human Services.
[(1) Test of English as a Foreign Language Internet Based
Test (TOEFL iBT) with minimum passing scores of:
(a) Listening — 21;
(b) Reading — 19;
(c) Speaking — 26;
(d) Writing — 19; and
(e) Overall score of at least 84;
(2) International English Language Testing System (IELTS) with
minimum passing scores of:
(a) Listening — 6;
(b) Reading — 6;
(c) Speaking — 6;
(d) Writing — 6; and
(e) Overall score of at least 6.5;
(3) Michigan English Test (MET) with minimum passing scores of:
(a) Listening — 53;
(b) Reading — 53;
(c) Speaking — 53; and
(d) Writing — 53;
(4) Pearson Test of English (PTE) Academic with minimum passing
scores of:
(a) Listening — 50;
(b) Reading — 50;
(c) Speaking — 50;
(d) Writing — 50; and
(e) Overall score of at least 55; or
(5) Occupational English Test (OET) with minimum passing scores of:
(a) Listening — 300;
(b) Reading — 300;
(c) Speaking — 300; and
(d) Writing — 300.]
D. An applicant whose [basic nursing education] entry-level
registered nursing education program or licensed practical nursing education
program was completed in another country shall have the applicant's
transcript evaluated by the Commission on Graduates of Foreign Nursing Schools or
a successor organization.
.10 Licensure by Endorsement.
A. An applicant [licensed] who holds an active,
unencumbered license to practice registered nursing or practical nursing in
another state, territory, or country is eligible for licensure without
examination if the applicant:
(1)—(2) (text unchanged)
[(3) Submits the following verifications directly to the
Board from the appropriate authority:
(a) That at the time that applicant graduated from the nursing
education program, it was approved as a registered nursing or licensed
practical nursing education program in that state, territory, or country;
(b) That the applicant meet the educational qualifications of this
State at the time of the applicant's graduation from the nursing education
program;
(c) Verification of successful completion of the licensure
examination under the laws of another state, territory, or country;
(d) That the examination used for licensure was the:
(i) "State Board Test Pool Examination — Registered Nurse or
Practical Nurse", from 1952—1982;
(ii) "National Council Licensure Examination — Registered
Nurse or Practical Nurse", from 1982 to the present;
(iii) "National League for Nursing State-Constructed Board
Examination, Registered Nurse or Practical Nurse", before 1952; or
(iv) "Canadian Nurses Association Test Service Examination for
Registered Nurses" taken before 1982; and
(e) Proof of written and oral competency in the English language in
accordance with Regulation .05C of this chapter.]
(3) Meets one of the conditions in §B of this regulation; and
[(4) Whose basic nursing education was completed in another
country, has the applicant's transcript evaluated by the Commission on
Graduates of Foreign Nursing Schools; and]
[(5)] (4) (text unchanged)
[B. An applicant who is unable to prove proficiency in the
English language in accordance with Health Occupations Article, §8-302(e),
Annotated Code of Maryland, may be required to submit evidence of competency in
the English language by obtaining a minimum passing score on a Board-approved
English language competency examination in accordance with Regulation .05C of
this chapter.]
B. An applicant for licensure as a registered nurse by
endorsement shall either:
(1) Hold a valid, unencumbered multistate license under the
Nurse Licensure Compact; or
(2) Submit the following evidence directly to the Board from the
appropriate authority:
(a) Verification that, at the time that applicant graduated from
the nursing education program, the nursing education program was:
(i) Approved as a registered nursing or licensed practical
nursing education program in that state, territory, or country; and
(ii) Substantially equivalent to the education program approved
in this State;
(b) Verification that the applicant passed one of the following
licensure examinations under the laws of another state, territory, or country:
(i) If completed from 1952 to 1982, the “State Board Test Pool
Examination — Registered Nurse or Practical Nurse”;
(ii) If completed from 1982 to present, the “National Council
Licensure Examination — Registered Nurse or Practical Nurse”;
(iii) If completed before, 1952, the “National League for
Nursing State-Constructed Board Examination, Registered Nurse or Practical
Nurse”; or
(iv) If completed before 1982, “Canadian Nurses Association Test
Service Examination for Registered Nurses”;
(c) For applicants whose entry-level registered nursing
education program or licensed practical nursing education program was completed
in another country, a copy of an evaluation of the applicant's transcript by
the Commission on Graduates of Foreign Nursing Schools or successor
organization; and
(d) Except as provided in §D(1) of this regulation, proof of
written and oral competency in the English language, in accordance with Health
Occupations Article, § 8-302(e), Annotated Code of Maryland.
C. An applicant for licensure as a registered nurse by
endorsement who cannot provide the evidence required under §B(2) of this regulation
may qualify for licensure if the applicant submits evidence, as required by the
Board, that the applicant has:
(1) Completed satisfactorily and met all requirements for an
associate or a baccalaureate degree in registered nursing from a college or
university that, at the time of the applicant’s graduation, is:
(a) Accredited by a national or regional nursing accreditation
agency that is recognized by the Secretary of the U.S. Department of Education
or the Council for Higher Education Accreditation; and
(b) Approved by the board of nursing or other applicable state
regulator in the state in which the program is located; and
(2) Completed a minimum of 1,000 hours of practice in direct
patient care.
D. English Language Competency
Requirements for Endorsement.
(1) An applicant is not required to submit proof of English
language competency if the applicant demonstrates that the applicant holds or
has held a license to practice registered nursing or licensed practical nursing
in another state if that state has an English language competency component for
licensure or examination.
(2) Applicants for registered nurse licensure and licensed
practical nurse licensure who take an English proficiency examination approved
by the U.S. Department of Health and Human Services in order to demonstrate
English language proficiency under Health Occupations Article, § 8-302(e),
Annotated Code of Maryland, shall obtain the minimum passing scores for
registered nurses and licensed practical nurses set by the Health Resources and
Services Administration of the U.S. Department of Health and Human Services.
[C.] E. (text unchanged)
MEENA SESHAMANI, MD, PhD
Secretary of Health
Subtitle 29 BOARD OF MORTICIANS AND
FUNERAL DIRECTORS
Notice of Proposed Action
[25-320-P]
The Secretary of Health proposes to amend:
(1) Regulation .02 under COMAR
10.29.16 Crematories — Definitions;
(2) Regulations .02—.04, .06, and .07 under COMAR
10.29.17 Crematories — Permit, Licensing, and Fees;
(3) Regulations .02, .03, and .06 under COMAR
10.29.18 Crematories — Complaints and Disciplinary Procedures;
(4) Regulations .01—.03, .05—.08, and .10—.12
under COMAR 10.29.19 Crematories — Crematory Procedures;
(5) Regulation .02 under COMAR 10.29.20 Crematories —
Code of Ethics; and
(6) Regulation .01 under COMAR 10.29.22 General
Regulations.
This action was considered by the Board of Morticians and Funeral
Directors at public meetings held on May 14, 2025, August 28, 2025, November
12, 2025, and December 2, 2025, notice of which was given by publication on the
Board’s website at health.maryland.gov/bom/Pages/home.aspx
pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Make technical corrections; and
(2) Update regulations pursuant to Chs. 599 and 600, Acts of 2024
to regulate an option for the final disposition of human remains to include
alkaline hydrolysis.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through March 23,
2026. A public hearing has not been scheduled.
10.29.16
Crematories — Definitions
Authority: Business Regulation Article, §5-101; Health-General
Article, §5-508; Health Occupations Article, §§7-101, 7-102, and 7-205,
Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Alkaline hydrolysis” means the process of reducing human
remains using water, alkaline chemicals, and heat inside a watertight vessel to
accelerate decomposition.
[(2)] (3) “Authorizing agent” means an
individual [legally entitled to order the cremation of human remains or
legally authorized to control] who has legal authority to arrange for
and make decisions regarding the final disposition of human remains, including
cremation or alkaline hydrolysis.
[(3)] (4)—[(4)] (5) (text
unchanged)
[(5)] (6) “Cremated human remains” means [all
human remains recovered after completion of cremation and the use of mechanical
pulverizing equipment] the recoverable bone fragments of a deceased
person that result from the completion of cremation.
[(6)] (7) “Cremation” means the [process
of reducing human remains to bone fragments through intense heat and
evaporation, including any mechanical or thermal process and may include
pulverization] disposition of a dead human body by means of
incineration.
[(7) “Cremation container” means a readily combustible,
rigid container in which human remains are sent to the crematory and then
placed in the cremation chamber for cremation.]
(8) “Cremator” means the machinery within which the process of
cremation [of human remains] begins.
(9) “Crematory” means a building, portion of a building, or
structure that houses the necessary appliances and facilities for cremation,
alkaline hydrolysis, or both.
[(10)“Crematory authority” has the same meaning as “permit
holder”.]
(10) “Crematory container” means a readily combustible, rigid
container in which human remains are sent to the crematory and then placed in
the cremator for cremation.
(11) “Crematory equipment” means either:
(a) A cremator; or
(b) A hydrolysis unit.
(12) “Decedent” means a dead human being.
[(11)] (13)—[(12)] (14) (text
unchanged)
[(13)] (15) “Holding facility” means an area,
within or adjacent to [the] a crematory, [establishment]
designed for the retention of human remains before cremation or alkaline
hydrolysis.
[(14)] (16) Human Remains.
(a) “Human remains”
means [the]:
(i) The body of a deceased person[,];
or
(ii) A part of a body or limb that has been removed
from a living person.
(b) “Human remains” includes the body or part of a body or limb
in any state of decomposition.
(17) “Hydrolysis container” means a container, including a body
bag, in which human remains are sent to the crematory for alkaline hydrolysis,
but the human remains may be removed prior to the start of the process for
alkaline hydrolysis.
(18) “Hydrolysis unit” means the watertight vessel in which the
process of alkaline hydrolysis occurs.
(19) “Hydrolyzed human remains” means the recoverable bone
fragments of a deceased person that result from the completion of alkaline
hydrolysis.
[(15)] (20) (text unchanged)
[(16)] (21) “Permit” means a license issued by
the Board to allow a person to operate a business which engages in the
operation of a crematory or to act as a registered crematory operator.
[(17)] (22) “Permit holder” means the holder
of a permit issued under Health Occupations Article, Title 7, Annotated Code of
Maryland, to operate a crematory or to act as a registered crematory
operator.
[(18)] (23) (text unchanged)
[(19)] (24) “Processed human remains” means
the end result of pulverization[, where the residue from the cremation
process is pulverized leaving only bone fragments reduced to 5 millimeters or
less].
(25) “Pulverization” means the process following cremation or
alkaline hydrolysis of crushing, grinding, or milling human skeletal remains
into fine particles or powder, leaving bone fragments reduced to 5 millimeters
or less.
[(20)] (26) (text unchanged)
(27) “Responsible party” means a sole proprietor or the
individual designated by a corporation, limited liability company, or
partnership, which holds a permit to engage in the operation of a crematory, to
be responsible for the operations of the crematory.
[(21)] (28) “Sealable container” means a
container in which [cremated] processed human remains can
be placed and sealed so as to prevent leakage of the processed human remains
or the [entrance] entry of any foreign [materials]
material.
10.29.17 Crematories — Permit, Licensing, and
Fees
Authority: Business Regulation Article, §§5-101, 5-204, and
5-303; Health Occupations Article, §§1-213, 7-101, 7-102, 7-205,
7-314—7-316, and 7-319, Annotated Code of Maryland
.02 Permit — Issuing
Agency.
A. (text unchanged)
B. A permit issued by the Office shall specify whether the
crematory is authorized to offer and perform either cremation services,
alkaline hydrolysis services, or both.
[B.] C. (text unchanged)
[C.] D. Before obtaining a permit from the
Board, a crematory may cremate or hydrolyze the human remains of one
decedent provided the:
(1) Cremation or hydrolysis is only performed as part of the
manufacturer’s operator training course for the cremation machinery or the
hydrolysis unit in which the cremation or hydrolysis takes place;
and
(2) The person or persons with the right to final disposition of
the decedent are notified and have given permission before the cremation or
the alkaline hydrolysis occurs.
.03 Permit — Requirements
for Permit.
A. (text unchanged)
B. A person shall:
(1) (text unchanged)
(2) Pay the [nonrefundable] non-refundable
application fee and any other applicable fees set forth in [Regulation
.09] Regulation .08 of this chapter;
(3) Be of good moral character[,] if the applicant is
an individual;
(4)—(6) (text unchanged)
C.—D. (text unchanged)
.04 Requirements for
Registration of a Registered Crematory Operator.
A. An individual may be registered by the Board as a [registered]
crematory operator if the individual meets the requirements of this
regulation.
B. The permit issued by the Board shall specify whether the
individual’s training and registration required by this chapter permits the
individual to operate a cremator, an alkaline hydrolysis unit, or both.
[B.] C. An individual shall:
(1) (text unchanged)
(2) Pay the [nonrefundable] non-refundable fee
and any other applicable fee set forth in [Regulation .09] Regulation
.08 of this chapter;
(3)—(4) (text unchanged)
(5) Achieve certification as a crematory operator by the:
(a) Cremation Association of North America (CANA)[,];
(b) International Cemetery, Cremation, and Funeral
Association (ICCFA)[,]; or
(c) [other] Other equivalent
certification recognized jointly by the Board and the Office; and
(6) In the crematory with which the applicant is affiliated:
(a) Successfully complete the operator training course of the
manufacturer of the cremator or the alkaline hydrolysis unit located in the
crematory with which the applicant is affiliated; or
(b) Provide a notarized letter by the supervising crematory
operator for which the individual is employed indicating the completion of
training on the cremator or the alkaline hydrolysis unit[; and].
[(7) Provide evidence to the Board of the individual’s
ability to read and write.]
[C.] D. To qualify as a trainer, the
supervising crematory operator shall have a minimum of 3 [years] years’
experience on the associated cremator or alkaline hydrolysis unit.
.06 Renewals.
A. Before the expiration date of the permit or registration, a
permit holder or a registered crematory operator shall:
(1) [complete] Complete and return the
renewal form[,];
(2) [pay] Pay the [nonrefundable]
non-refundable renewal fee set forth in Regulation .08 of this
chapter [,]; and
(3) [submit] Submit any required
documentation to the Board.
B. A person who has a permit or registration as a permit holder or a
registered crematory operator may renew the permit or registration every 2
years, beginning on a date specified by the Board, in the following manner:
(1) (text unchanged)
(2) Pay the [nonrefundable] non-refundable
renewal fee set forth in [Regulation .09] Regulation
.08 of this chapter;
(3)—(4) (text unchanged)
C.—D. (text unchanged)
E. If a permit holder or a registered crematory operator applies
for renewal past the expiration date of the permit or registration, the
individual shall pay the renewal fee plus the late renewal fee set forth in
Regulation .08 of this chapter.
.07 Lapsed Permit.
A person who has been issued a permit and who has allowed the
permit to lapse for at least 6 months may apply for a permit by doing the
following:
A. (text unchanged)
B. Paying the permit fee and the late renewal fee set forth in [Regulation
.09] Regulation .08 of this chapter;
C.—F. (text unchanged)
10.29.18 Crematories — [Inspections,]
Complaints[, Investigations, Grounds for Discipline, and Penalties] and
Disciplinary Procedures
Authority: Health-General Article, §§5-502—5-504, 5-508, and
5-511—5-514; Health Occupations Article, §§7-101, 7-102, 7-205, 7-316,
7-317, 7-319, and 7-406, Annotated Code of Maryland
.02 Inspection by the
Board.
A.—B. (text unchanged)
C. The permit holder or any person responsible for day-to-day
operation of the cremation machinery or the alkaline hydrolysis unit
shall be available to accompany the inspector during the inspection and sign
the initial inspection report.
D. A copy of the inspection report shall be provided to the
permit holder or the registered crematory operator responsible
for the day-to-day operation of the crematory.
[D.] E. A crematory shall maintain the
following minimum standards:
(1) (text unchanged)
(2) Except by express written consent of the authorizing [agent]
agents to perform simultaneous, multiple cremations or alkaline
hydrolyses, there may not be more than one human body cremated or
hydrolyzed simultaneously in a single cremator or alkaline hydrolysis
unit at a time;
(3) A cremator or an alkaline hydrolysis unit shall
be completely cleaned after each cremation or alkaline hydrolysis;
(4) There may not be co-mingling of human remains and pet remains
in:
(a) [refrigeration] Refrigeration units
[or cremation machinery];
(b) Cremators; or
(c) Alkaline hydrolysis units;
(5) Separate cremators or alkaline hydrolysis units
shall be dedicated for the cremation or alkaline hydrolysis of human
remains and the cremation or alkaline hydrolysis of pets;
(6) [There] Except as provided in §E(2) of this
regulation, there may not be:
(a) Co-mingling of [cremated] processed human
remains with other processed human remains or pet [cremated]
remains;
(b) Scooping of [cremated] processed human
remains from a bucket containing co-mingled [cremated] processed
human remains; or
(c) Any form of misrepresentation in the return of [cremated]
processed human remains;
(7) Excluding a deceased person with a known communicable
infection, human remains shall be properly identified before cremation or
alkaline hydrolysis by verifying that the documentation accompanying the
human remains is consistent with a visual observation of the human remains;
(8) (text unchanged)
(9) Each crematory shall have:
(a) A sink with hot and cold water within the [room] work
area housing the [cremator] crematory equipment; and
(b) The [equipment] tools necessary to
thoroughly clean the floor within the [room] work area
housing the [cremator] crematory equipment with water and
an appropriate sanitizing agent;
(10) The name of the deceased shall be visible on the outside of
the [cremation] crematory container;
(11) Human remains shall be properly stored before cremation or
alkaline hydrolysis;
(12) Crematories shall:
(a) (text unchanged)
(b) Pulverize the [cremated] processed human
remains with a mortar and pestle if the [cremated] processed
human remains are not sufficient in amount for pulverizing in mechanical
equipment;
(13) Separate pulverizing drums shall be dedicated for [cremated]
processed human remains and [cremated] processed
pet remains;
(14) [Cremated] Processed human remains may
not be held pending payment of any fees;
(15) (text unchanged)
(16) Portable fans may not be used in the area of the cremator [and
pulverizer;]:
(a) Cremator;
(b) Alkaline hydrolysis unit; or
(c) Pulverizer;
(17)—(19) (text unchanged)
(20) The permit holder or registered crematory operator shall be
present at the crematory during [regular business hours;] the
operation of the:
(a) Cremator;
(b) Alkaline hydrolysis unit; or
(c) Pulverizer; and
(21) All individuals:
(a) [who] Who operate the cremator or
the alkaline hydrolysis unit in a crematory shall be certified by the
Cremation Association of North America (CANA), International Cemetery,
Cremation, and Funeral Association (ICCFA), or other equivalent
certification recognized jointly by the Board and the Office[.];
and
(b) [Individuals receiving] Receiving
training toward certification to operate a cremator or an alkaline
hydrolysis unit shall be allowed to work under the supervision of a
registered crematory operator who has the required certification for a period [not
to exceed] of at least 6 months.
[E.] F. The following completed forms from
previous cremations or alkaline hydrolysis shall be available at all
times for inspection and copying and are subject to be pulled at random by the
inspector:
(1) [Cremation] Crematory services
authorization form;
(2)—(4) (text unchanged)
(5) Record of cremation or alkaline hydrolysis;
(6) Certificate of cremation or alkaline hydrolysis; and
(7) Return of [cremated] processed human
remains certificate.
[F.] G.—[H.] I. (text
unchanged)
[I.] J. At the time of the Board inspection,
the permit holder shall provide written documentation to the Board’s inspector
that:
(1) The [cremator] crematory equipment has
been inspected in accordance with manufacturer specifications;
(2) (text unchanged)
(3) The permit holder has requested that the manufacturer conduct
an inspection of the [cremator] crematory equipment.
.03 Crematory Inspection
Report, Deficiencies, and Penalties.
A. (text unchanged)
B. The Board shall notify the permit holder of the results of the
inspection by providing a copy of the inspection report [to] for
the permit holder.
C.—D. (text unchanged)
E. Correction of Deficiency.
(1)—(5) (text unchanged)
(6) Upon notification [by] from the permit
holder, a representative of the Board shall re-inspect the crematory.
(7)—(8) (text unchanged)
F. (text unchanged)
.06 Grounds for Discipline,
Hearing, and Penalties.
A. Pursuant to the provisions of Health Occupations Article,
§§7-316 and 7-319, Annotated Code of Maryland, the Board may:
[(1) Deny a crematory permit or crematory operator
registration to an applicant;
(2) Reprimand any permit holder or registered crematory
operator; or
(3) Suspend or revoke a crematory permit or crematory operator
registration.]
(1) Deny an applicant:
(a) A crematory permit; or
(b) A crematory operator registration;
(2) Reprimand any:
(a) Permit holder; or
(b) Registered crematory operator; or
(3) Suspend or revoke:
(a) A crematory permit; or
(b) A crematory operator registration.
B. (text unchanged)
10.29.19 Crematories — [Cremation] Crematory
Procedures
Authority: Health-General Article, §§5-502—5-504, 5-508, and
5-511—5-514; Health Occupations Article, §§7-101, 7-102, and 7-205,
Annotated Code of Maryland
.01 Scope.
This chapter governs the procedures to be followed in performing a
cremation or alkaline hydrolysis in this State.
.02 Removal,
Identification, and Transportation of Human Remains.
A. Upon receipt of human remains, a permit holder in the presence
of the authorizing agent or representative of the funeral establishment
engaging crematory services shall:
(1)—(3) (text unchanged)
(4) [Remove] Ensure the removal and properly
dispose of any hazardous object or any other materials that the individual
authorized under this subtitle deems should be removed from the human remains,
[or cremation] the crematory container, or the
hydrolysis container, in order to prevent harm to the public health or
damage to the cremator or alkaline hydrolysis unit;
(5) Remove any jewelry:
(a) [on] On the human remains;
(b) [or in] In the [cremation]
crematory container; or
(c) In the hydrolysis container;
(6)—(7) (text unchanged)
B.—C. (text unchanged)
D. A permit holder may not accept [for cremation]
unidentified human remains for cremation or alkaline hydrolysis.
.03 [Cremation] Crematory
and Hydrolysis Containers.
A. A [cremation] crematory container:
[A.] (1)—[G.] (7) (text
unchanged)
[H.] (8) [If it] Which appears
to be heavily coated with varnish, lacquer, or any other highly combustible
substance, shall be:
[(1)] (a)—[(2)] (b) (text
unchanged)
B. An alkaline hydrolysis container:
(1) Shall consist of a completely enclosed covering for the
human remains;
(2) Shall be resistant to leakage or spillage;
(3) Shall provide protection to the health and safety of the
crematory establishment personnel and the public;
(4) Shall comply with all local, State, and federal emissions
regulations; and
(5) Once inside the alkaline hydrolysis unit, may be removed
prior to the start of the alkaline hydrolysis process as long as the human
remains are covered to protect the dignity of the decedent.
.05 Holding Remains.
A. Unless prevented by emergency circumstances, [Human]
human remains that have been designated for cremation or alkaline
hydrolysis shall be cremated or hydrolyzed by a permit holder within
48 hours after receipt.
B. A permit holder may not hold human remains for cremation or
alkaline hydrolysis unless the human remains are contained within an
individual, [rigid, stackable,] closed cremation or hydrolysis
container as required under Regulation .03 of this chapter.
C. A permit holder may not accept a cremation or alkaline
hydrolysis container from which there is any evidence of leakage of the
body fluids from the human remains therein.
D. Whenever a permit holder is unable to cremate or
hydrolyze human remains [are unable to be cremated] within 48
hours of taking custody thereof due to emergency circumstances, the
permit holder shall maintain the human remains in a refrigerated holding
facility, either on or off site, at 40°F or less, unless the remains have been
embalmed.
.06 Identification of Human Remains Immediately Before Cremation
or Alkaline Hydrolysis[; Simultaneous Cremation of Multiple Human Remains].
A. Immediately before being placed within the [cremation
chamber] cremator or the alkaline hydrolysis unit, the individual
authorized under this subtitle shall:
(1) (text unchanged)
(2) Place in or on the cremator or the alkaline
hydrolysis unit the [circular] hard metal or plastic
identification [tag] disc of the human remains being [cremated]
processed where it shall remain in place until the cremation or the
alkaline hydrolysis process is complete.
B. The permit holder’s designee may not leave the:
(1) [immediate] Immediate area of the
cremator during the cremation process[.]; or
(2) Facility for the alkaline hydrolysis unit during the
alkaline hydrolysis process.
C. The alkaline hydrolysis unit shall be monitored at all times
during the alkaline hydrolysis process.
[C.] D. (text unchanged)
.07 [Cremation] Crematory
Services Authorization.
A. Except as otherwise provided in COMAR 10.29.18.02, a permit
holder may not cremate or hydrolyze human remains until:
(1) (text unchanged)
(2) The permit holder crematory has received:
(a) A [cremation] crematory services
authorization on a form approved by the Board and signed by an authorizing
agent;
(b)—(c) (text unchanged)
(3) The permit holder has documented that at least 12 hours have
elapsed from the time of death of the individual whose remains are to be [cremated]
processed.
B. The [cremation] crematory services
authorization form shall:
(1) (text unchanged)
(2) Contain the following information:
(a) The identity of the [human remains] decedent;
(b)—(c) (text unchanged)
(d) Authorization for the permit holder to cremate or hydrolyze
the human remains;
(e) An indication of whether the decedent is:
(i) A veteran, as defined in State Government Article, § 9-901,
Annotated Code of Maryland; or
(ii) An eligible dependent of a veteran, as defined in Business
Regulation Article, §5-803, Annotated Code of Maryland;
[(e)] (f) Authorization to verify that the
following have been removed before cremation or alkaline hydrolysis:
(i)—(ii) (text unchanged)
[(f)] (g) A representation by the authorizing
agent that radiologic implant treatment has not occurred within 5 days before
cremation or alkaline hydrolysis;
[(g)] (h) A representation that the
authorizing agent is aware of no objection to the human remains being [cremated]
processed by any person who has a right to control the disposition of
the human remains;
[(h)] (i) The name and address of the person
authorized to claim the [cremated] processed human remains
from the permit holder or to accept the [cremated] processed
remains via [the current mailing standard approved by the U.S. Postal
Service] registered mail; and
[(i)] (j) (text unchanged)
(3) (text unchanged)
C. If an authorizing agent is not readily available to execute the [cremation]
crematory services authorization form, the authorizing agent may
transmit the document in writing with notary seal electronically:
(1)—(2) (text unchanged)
D. (text unchanged)
E. A person signing a [cremation] crematory services
authorization form is deemed to warrant the truthfulness of any facts set forth
in the [cremation] crematory services authorization
form, including the identity of the deceased whose remains are sought to be [cremated]
processed and the authority of that person to order such a cremation
or alkaline hydrolysis.
F. A permit holder shall notify and obtain written consent of the
authorizing agent before the cremation or the alkaline hydrolysis of
human remains at a location other than the location named on the [cremation]
crematory services authorization form.
G. A permit holder shall maintain a copy of every [cremation]
crematory services authorization form required under this
regulation as permanent records.
H. [Cremation] Crematory services authorization
records are subject to inspection and copying by the Board.
.08 Record of Receipt of
Remains.
A. A permit holder shall provide to an individual who delivers
human remains for cremation or alkaline hydrolysis a receipt signed by
both the permit holder authority and the individual who delivered the human
remains, that includes the:
(1) (text unchanged)
(2) Name and address of the crematory [authority];
(3) (text unchanged)
(4) Gender of the deceased;
(5) Date of death of the deceased; and
(6) Verification of the authorized burial transit permit.
B. The permit holder shall maintain a record of each cremation
or alkaline hydrolysis, which shall include the:
(1)—(2) (text unchanged)
(3) Gender of the decedent;
(4)—(5) (text unchanged)
(6) Date, time, and location of cremation or alkaline hydrolysis;
and
(7) Name of the individual who performed the cremation or the
alkaline hydrolysis.
C. The permit holder shall provide a certificate of disposition of [cremated]
processed human remains to the authorizing agent or funeral
establishment that arranged for the cremation or the alkaline hydrolysis
that includes the:
(1)—(2) (text unchanged)
(3) Name and address of the person who received the [cremated]
processed human remains from the [crematory authority] permit
holder; and
(4) If ascertainable:
(a) (text unchanged)
(b) The manner and date of the disposition of the [cremated]
processed human remains.
D.—E. (text unchanged)
.10 Disposition of
[Cremated] Processed Human Remains.
A. On completion of the cremation or the alkaline
hydrolysis, insofar as is possible:
(1) All of the recoverable residue of the cremation or the alkaline
hydrolysis process shall be:
(a) Removed from the cremator or the alkaline hydrolysis unit;
(b) Except for medical devices remaining after cremation or
alkaline hydrolysis, [processed] pulverized; and
(c) Placed in a sealable container; and
(2) The identification disc required by Health Occupations Article,
§7-411, Annotated Code of Maryland, shall be:
(a) Removed from the cremator or the alkaline hydrolysis
unit; and
(b) Placed in the sealable container with the [cremated]
processed human remains.
B. Medical devices which remain after the completion of the
cremation or the alkaline hydrolysis process shall be treated as
medical waste and disposed of accordingly.
C. (text unchanged)
D. If the [cremation] sealable container
opening is not of adequate dimensions to accommodate a disc, it shall be
affixed to the exterior of the sealable container and a record of the
cremation number shall be placed in the sealable container.
E.—G. (text unchanged)
H. If processed human remains have been in the possession of a
permit holder, as originally authorized by the authorizing agent without
instructions for disposition for a period of 10 days or more from the date of
cremation or alkaline hydrolysis, the permit holder may send the [cremated]
processed human remains, using the current mailing standard approved
by the U.S. Postal Service, return receipt requested, to the authorizing agent.
I. Veteran and Eligible Dependent Decedents.
(1) Unless the authorizing agent directs otherwise, if a permit
holder in possession of processed remains of a decedent veteran or a decedent
eligible dependent, the permit holder shall provide the decedent’s identifying
information to a veterans service organization, as defined in Business
Regulation Article, §5-803, Annotated Code of Maryland.
(2) The veterans service organization will notify the permit
holder whether the decedent is a veteran or an eligible dependent eligible for
burial in a veterans cemetery.
(3) If the unclaimed processed remains are those of a veteran or
an eligible dependent, the permit holder may transfer the processed remains to
a veterans service organization for the purpose of disposition of the processed
remains.
(4) If a veterans service organization does not take possession
of unclaimed processed remains that qualify for a plot in a State veterans
cemetery under State Government Article, §9-906, Annotated Code of Maryland,
within 10 days after the permit holder receives the notification required in
this regulation, the permit holder shall:
(a) Notify the Department of Veterans and Military Families of
the status of the processed remains for the purpose of the appropriate
disposition of the processed remains; and
(b) Transfer the processed remains to the Department of Veterans
and Military Families for the purpose of the appropriate disposition of the
processed remains.
.11 Tools.
A. A crematory offering cremation shall maintain,
at its own expense, the following tool inventory:
[A.] (1) —[E.] (5) (text
unchanged)
[F.] (6) High temperature protective gloves
and [heat resistant] heat-resistant leather gloves;
[G.] (7)—[H.] (8) (text
unchanged)
[I.] (9) [Dust masks] National
Institute for Occupational Safety and Health certified N95 filtering facepiece
respirators.
B. A crematory offering alkaline hydrolysis shall maintain, at
its own expense, the following tool inventory:
(1) Suitable tools for cleaning the alkaline hydrolysis unit;
(2) Brush with fine bristles for cleaning pulverizers;
(3) Mortar and pestle;
(4) Funnel;
(5) Hand magnet and metal detector wand to detect and remove
metal from hydrolyzed human remains;
(6) Tweezers to remove nonmetal objects from hydrolyzed human
remains;
(7) National Institute for Occupational Safety and Health
certified N95 filtering facepiece respirators; and
(8) An emergency shower and eyewash combination unit meeting the
criteria established under the American National Standards Institute and the
International Safety Equipment Association Z358.1-2014 (R2020) or its
successor.
.12 Visitors.
A. The permit holder or the designated crematory operator
shall:
(1) Submit to the Board the number of persons not affiliated with
the operations of the crematory who can safely be within the same room and
within 10 feet of the cremator door or the alkaline hydrolysis unit; and
(2) (text unchanged)
B. (text unchanged)
C. Crematories providing alkaline hydrolysis shall construct a
viewing room in the area of the alkaline hydrolysis unit if the crematory
intends to have more than two visitors present in the area of the alkaline
hydrolysis unit during the alkaline hydrolysis.
10.29.20
Crematories — Code of Ethics
Authority: Health Occupations Article, §7-101, Annotated Code of
Maryland
.02 General Professional
Practices.
A.—B. (text unchanged)
C. A permit holder or a crematory operator may not:
(1) (text unchanged)
(2) Operate a crematory, or perform a cremation[,]
or alkaline hydrolysis while under the influence of alcohol, an illegal
drug, or a controlled dangerous substance, without the prescription of a
physician.
10.29.22
General Regulations
Authority: Health-General Article, §5-513; Health Occupations
Article, §7-205, Annotated Code of Maryland
.01 Temperature of
Refrigeration Units.
A refrigeration unit used in the storage of human remains shall be
kept at a temperature lower than [44] 40 degrees
Fahrenheit.
MEENA SESHAMANI, MD, PhD
Secretary of Health
Subtitle 39 BOARD OF NURSING—CERTIFIED
NURSING ASSISTANTS
10.39.06 Certified Dialysis
Technicians
Authority: Health Occupations Article, §§8-303 and 8-6A-08,
Annotated Code of Maryland
Notice of Proposed Action
[26-007-P]
The Secretary of Health proposes to amend Regulations .08
and .10 under COMAR 10.39.06 Certified Dialysis Technicians. This action was considered by the public at a
public meeting held on December 17, 2025, notice of which was given by
publication on the Board’s website at
https://health.maryland.gov/mbon/Pages/meet ings-index.aspx, pursuant to
General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to make slight alterations relating
to requirements for continuing education for certified dialysis technicians,
and clarify the continuing education course approval process, ensuring proper
training for applicants seeking certification under these regulations.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through March 23,
2026. A public hearing has not been scheduled.
.08 Expiration and Renewal of Certification.
A—C. (text unchanged)
D. Renewal Requirements.
(1) The Board shall renew a certificate if the certificate holder:
(a)—(c) (text unchanged)
(d) Provides satisfactory evidence, as required by the Board, of:
(i) (text unchanged)
(ii) [Three] Completion of 3 hours of
continuing education approved by the Board in the 24 months immediately
preceding the date of expiration; and
(iii) Except as provided in §D(3) of this regulation, an active
national certification[.]; and
(e) If required to submit to a CHRC in accordance with §G of
this regulation, complies with the requirements of Regulation .03A of this
chapter.
(2)—(3) (text unchanged)
E. (text unchanged)
F. Continuing Education Courses.
(1) The Board may review and approve continuing
education courses that provide didactic instruction in the principles and
applications of dialysis.
(2) The Board shall approve a course, seminar, or speaker
session as a continuing education course if it is:
(a) Relevant to the practice of a dialysis technician; and
(b) Offered by a:
(i) College or university approved by the Maryland Higher
Education Commission;
(ii) State or national professional dialysis association;
(iii) Board-approved certified dialysis technician program; or
(iv) Health department or
hospital.
(3) Course Review Requests.
(a) If a course does not meet the requirements under §F(2) of
this regulation, a certified dialysis technician may
request that the Board approve the course by submitting, in writing, at least 2
months before the course registration date, the following information on an
application provided by the Board:
(i) Title, location, and date of the course;
(ii) Course sponsors;
(iii) Course objectives and contents;
(iv) Hours of study;
(v) Name, qualifications, and curriculum vitae of each
presenter; and
(vi) The specific information that relates to the continuing
education course.
(b) The Board shall notify the applicant of the Board's
decision.
(c) A certified dialysis technician shall submit a course to the
Board for reapproval if there is a change of subject matter, length, or
presenter of a previously approved course.
G. Criminal History Records Checks. CHRCs for renewal applicants
shall be scheduled according to the certificate holder’s birth month as
follows:
(1) In 2025 — all applicants with an August or September birth
month;
(2) In 2026 — all applicants with a September or October birth
month;
(3) In 2027 — all applicants with an October or November birth
month;
(4) In 2028 — all applicants with a November or December birth
month;
(5) In 2029 — all applicants with a December or January birth
month;
(6) In 2030 — all applicants with a January or February birth
month;
(7) In 2031 — all applicants with a February or March birth
month;
(8) In 2032 — all applicants with a March or April birth month;
(9) In 2033 — all applicants with an April or May birth month;
(10) In 2034 — all applicants with a May or June birth month;
(11) In 2035 — all applicants with a June or July birth month;
and
(12) In 2036 — all applicants with a July or August birth month.
.10 Training Program Requirements.
A—B. (text unchanged)
C. Curriculum.
(1)—(4) (text unchanged)
(5) Each training program shall identify the unit objectives and
performance indicators for each of the areas in [§F(3)] §C(3)
of this regulation in its training criteria.
(6) (text unchanged)
D. Evaluation.
(1) (text unchanged)
(2) To successfully complete the program, each student shall:
(a) Complete the required minimum hours provided in [§F(1)]
§C(1) of this regulation;
(b)—(c) (text unchanged)
(3)—(4) (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Subtitle 02 LOCAL SCHOOL
ADMINISTRATION
13A.02.10 Maryland
Public Charter School Program
Authority: Education Article, §§2-205 and 9-101—9-112, Annotated
Code of Maryland
Notice of Proposed Action
[25-319-P]
The State Board of Education proposes to adopt new Regulations .01—.16
under a new chapter, COMAR 13A.02.10 Maryland Public Charter School Program. This action was considered by the State Board
of Education at its January 15, 2026 meeting.
Statement of Purpose
The purpose of this action is to create a framework for the
operation of public charter schools within Maryland local education agencies
(LEAs) and establish a funding formula for public charter schools.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has
minimal economic impact. It directs Local Education Agencies (LEAs) to take
certain steps to determine the allocation of funds for a public charter school
as required by Education Article, §9-109, Annotated Code of Maryland.
In some cases the amount of funding disbursed to the charter school
will increase; in others it will decrease. The regulation will not change the
total amount of funding available for public school students.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Local Education Agencies
|
(E+)
|
Unknown
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Various Organizations
|
(+)
|
Unknown
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
C. There is no change to revenue to the LEA. LEA expenditures may
shift. LEAs are required by law to disburse funding on a per pupil basis to
public charter schools. Some withholding of funds for central office costs is
allowed.
D. Charter School Operators, Maryland Alliance of Public Charter
Schools, Public School Superintendents Association of MD (PSSAM), and Maryland
Association of Boards of Education (MABE) are among the various organizations.
Some charter schools will see revenues increase compared to the current year.
Others will see revenues decrease. The regulation will create more consistency
over time; charter school funding will be more predictable when there is less
variance in the methodology used by each LEA. The funding calculation is based
on student enrollment for charter schools as it is for LEAs.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Carol Beck, Director, Office of School
Innovations, Maryland State Department of Education, 200 West Baltimore Street,
Baltimore, MD 21201, or call 410-767-3678, or email to [email protected].
Comments will be accepted through March 23, 2026. A public hearing has not been
scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on April 28, 2026 at 9:00 am,
at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Purpose.
The general purpose of the Maryland Public Charter School
Program is to establish an alternative means within the existing public school
system in order to provide innovative learning opportunities and creative
educational approaches to improve the education of students.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Buy back” means a good or service that a public charter
school elects to purchase from the local school system.
(2) “In-kind service” means a service offered by the local
school system to a public charter school and accepted by the public charter
school without charge.
(3) “Public charter school” means a public school that:
(a) Is nonsectarian in all its programs, policies, and
operations;
(b) Is a school to which parents choose to send their children;
(c) Except as provided in Education Article, §§9-102.1, 9-102.2,
and 9-102.3, Annotated Code of Maryland, is open to all students on a
space-available basis and admits students on a lottery basis if more students
apply than can be accommodated;
(d) Is a new public school or a conversion of an existing public
school;
(e) Provides a program of elementary or secondary education or
both;
(f) Operates in pursuit of a specific set of educational
objectives;
(g) Is tuition-free;
(h) Is subject to federal and State laws prohibiting
discrimination;
(i) Is in compliance with all applicable health and safety laws;
(j) Is in compliance with Education Article, §9-107, Annotated
Code of Maryland;
(k) Operates under the supervision of the public chartering
authority from which its charter is granted and in accordance with its charter
and, except as provided in Education Article, §§9-104.1 and 9-106, Annotated
Code of Maryland, the provisions of law and regulation governing other public
schools;
(l) Requires students to be physically present on school
premises for a period of time substantially similar to that which other public
school students spend on school premises; and
(m) Is created in accordance with Education Article,
Title 9, Annotated Code of Maryland, this chapter, and the appropriate local
board policy.
(4) “Special education adjustment” means an amount that:
(a) Equals the difference between:
(i) A local school system’s actual expenditures on special
education services and special education transportation during the prior fiscal
year; and
(ii) The local, State, and federal revenue dedicated to those
costs that the local school system received the prior fiscal year; and
(b) Is allocated to meet the needs of students with disabilities
in the local school system, including students with disabilities enrolled in
public charter schools.
.03 Waivers for Public Charter Schools on Federal Military
Bases.
A. The State Board may grant a waiver from Education Article,
§9-102(3), Annotated Code of Maryland, to a public charter school if the public
charter school:
(1) Is located on property within a federal military base in the
State; and
(2) Will admit students with parents who are not assigned to the
base to at least 35 percent of its total available space as part of the initial
cohort of students in a grade.
B. If a public charter school is granted a waiver under §A of
this regulation, subject to the requirement set forth in §A(2) of this
regulation, the public charter school shall:
(1) Admit all students on a lottery basis in accordance with
Education Article, §9-102.2, Annotated Code of Maryland; and
(2) Take reasonable steps to maintain the 35 percent to 65
percent ratio intended as part of the initial cohort of students in a grade.
.04 Admission of Students on a Lottery Basis.
A. A public charter school may give greater weight to a
student’s lottery status as part of a lottery held under Education Article,
§9-102(3), Annotated Code of Maryland, and in accordance with an application
submitted under Education Article, §9-104, Annotated Code of Maryland, if the
student is:
(1) Eligible for free or reduced price meals;
(2) A student with disabilities;
(3) A student with limited English proficiency;
(4) Homeless, as defined by the federal McKinney-Vento Homeless
Assistance Act; or
(5) A sibling of a student currently enrolled in the public
charter school for which the sibling is applying.
B. Notwithstanding Education
Article, §9-102(3), Annotated Code of Maryland, a public charter school may
give priority to the sibling of a student admitted through the lottery process
or a currently enrolled student for any spaces in the school that become
available throughout the school year.
C. Geographic Attendance
Area.
(1) Subject to the approval of the public chartering authority,
a public charter school may propose a geographic attendance area with a median
income that is equal to or less than the median income of the county for the
public charter school.
(2) Subject to §C(4) of this regulation, a public charter school
may provide guaranteed placement through a lottery to students who live within
the geographic attendance area for up to 35 percent, as proposed by the public
charter school and approved by the public chartering authority, of the
available space of the public charter school.
(3) Subject to §§C(2) and (4) of this regulation, the public
charter school shall:
(a) Admit students on a lottery basis to its remaining available
space; and
(b) Take reasonable steps to maintain the ratio intended under
§C(2) of this regulation as part of the initial cohort of students accepted
through the lottery process.
(4) If a public charter school does not fill 100
percent of its available space under §§C(2) and (3) of this regulation, the
public charter school may admit more than the percentage of students
established under §C(2) of this regulation from the geographic attendance area
established under this regulation.
D. Guaranteed Placement Through Lottery.
(1) Subject to the approval of
the public chartering authority, §D(2) of this regulation, and Education
Article, §9-104, Annotated Code of
Maryland, a public charter school may provide guaranteed placement through a
lottery to up to 35 percent, as proposed by the public charter school and
approved by the public chartering authority, of the available space of the
public charter school to students who attended a public charter school during
the previous school year that is operated by the same operator.
(2) A public charter school shall qualify under
§D(1) of this regulation if:
(a) The operator operates two or more public
charter schools in the county; and
(b) When combined, the public charter schools operated by the
operator form an integrated multiyear academic program.
(3) Subject to §D(1) of this regulation, the public charter
school shall:
(a) Admit students on a lottery basis to its
remaining available space; and
(b) Take reasonable steps to maintain the ratio
intended under §D(1) of this regulation as part of the initial cohort of
students accepted through the lottery process.
(4) If a public charter school does not fill 100
percent of its available space under §§D(1) and (3) of this regulation, the
public charter school may admit more than the percentage of students
established under §D(1) of this regulation.
E. Each local school system shall collaborate with the public
charter schools in its jurisdiction to develop, or have the public charter
schools develop, a process through which the parent or guardian of a student
may apply for admission to every public charter school in the jurisdiction
using a single application.
.05 Waiver for Converted Public Charter Schools.
A. A local board may grant a waiver from Education Article,
§9-102(3), Annotated Code of Maryland, to:
(1) A converted public charter school that:
(a) Subject to §B of this regulation, provides guaranteed
placement through a lottery to students who live within the geographic
attendance area established by the local board;
(b) Is a low-performing school as identified by the local board;
(c) Is above the county average rate for the percentage of
students who are eligible for free and reduced price meals; and
(d) Meets a strategic need of the local school system, as
identified in the local board’s public charter school policy developed under
Education Article, §9-110, Annotated Code of Maryland, that shall include at
least one of the following elements:
(i) Serving a high-need population;
(ii) Increasing student performance;
(iii) Increasing enrollment; or
(iv) Increasing student diversity; or
(2) A converted public charter school that is seeking renewal of
an existing charter contract that was granted under §A(1) of this regulation.
B. If a public charter school does
not fill 100 percent of its available space under §A(1) of this regulation, the
public charter school shall admit students on a lottery basis to its remaining
available space.
.06 Chartering Authority.
The public chartering authority for the granting of a charter
shall be a local board of education.
.07 Applications to Establish Public Charter Schools.
A. Submission of Applications by Eligible Schools and Entities.
(1) An application to establish a public charter school shall be
submitted to the local board of the county in which the
public charter school will be located.
(2) An application to establish a public charter school may be
submitted to a local board by:
(a) The staff of a public school;
(b) A parent or guardian of a student who attends a public
school in the county;
(c) A nonsectarian nonprofit entity;
(d) A nonsectarian institution of higher education in the State;
or
(e) Any combination of persons specified in §A(2) of this
regulation.
(3) An application shall include:
(a) A plan to provide a rigorous program of
instruction that includes an equivalent method for satisfying any requirements
from which the public charter school operator intends to seek a waiver under
Education Article, §9-106, Annotated Code of Maryland; and
(b) A description of how a weighted lottery or the
provision of guaranteed placement will be implemented under Education Article,
§§9-102.2 and 9-102.3, Annotated Code of Maryland.
(4) A public chartering authority may not grant a charter under
this chapter to:
(a) A private school;
(b) A parochial school;
(c) A home school; or
(d) A school that operates fully online.
(5) Timeline for Decision.
(a) Except as provided in §A(5)(b) of this regulation, the local
board shall review the
application and render a decision within 120 days of receipt of the application
and in accordance with the application procedures adopted by the local board.
(b) For a restructured school:
(i) The local board shall review the application
and render a decision within 30 days of receipt of the application;
(ii) The local board may apply to the State Board for an
extension of up to 15 days;
(iii) If an extension is not granted, and 30 days
have elapsed, the decision may be appealed to the State Board in accordance
with Education Article, §4-205(c), Annotated Code of Maryland; and
(iv) If an extension has been granted, and 45 days
have elapsed, the decision may be appealed to the State Board in accordance
with Education Article, §4-205(c), Annotated Code of Maryland.
(6) Contingent
Approval.
(a) A public chartering authority may approve an application to
operate a public charter school on a contingent basis subject to the conditions
of §A(6)(b) of this regulation.
(b) The contingent approval granted under §A(6)(a) of this
regulation may be contingent on:
(i) A public charter school’s ability to meet any
timelines established by the public chartering authority for the securing of a
facility; and
(ii) Final approval by the public chartering
authority regarding the suitability of the facility secured by the public
charter school.
B.
Separate Consideration of Weighted Lottery Process.
(1) If an
application to establish a public charter school includes a description of the
implementation of a weighted lottery that gives priority to students in a
specific geographic attendance area in accordance with Education Article,
§9-102.2 or 9-102.3, Annotated Code of Maryland, the public chartering
authority may approve or reject this provision separately from the application
as a whole.
(2) A decision of a public chartering authority under §B(1)
of this regulation may not be appealed to the State Board.
C. Inclusion of Staffing Model.
(1) An application to establish
a public charter school may include a staffing model, including provisions for
staff recruitment, training, evaluation, and professional development.
(2) A public charter school may submit a staffing
model with a renewal application or with an amendment to an existing charter.
D. Denial of Application and Appeals.
(1) If the local board denies
an application to establish a public charter school, the applicant may appeal
the decision to the State Board, in accordance with Education Article,
§4-205(c), Annotated Code of Maryland.
(2) The State Board shall render a decision within 120 days of the
filing of an appeal.
(3) If the local board denies an application to
establish a public charter school and the State Board reverses the decision,
the State Board shall remand the matter to the local board and may direct the
local board to grant a charter and may, if necessary, mediate with the local
board and the applicant to implement the charter.
.08 Renewal of Certain Public Charter School Contracts.
A. In this regulation, “eligible public charter school” means a
public charter school that has been in existence for at least 5 years and
demonstrates to the public chartering authority a history of:
(1) Sound fiscal management; and
(2) Student achievement that exceeds the average in the local
school system in which the public charter school is located on:
(a) Statewide assessments; and
(b) Other measures developed by the State Board.
B. Submission of Application to Public Chartering Authority:
(1) An
eligible public charter school may submit to a public chartering authority:
(a) An application for renewal of an existing
charter contract that incorporates the provisions of §D of this regulation; or
(b) Subject to §B(2) of this regulation, an
application for an addendum to an existing charter contract that incorporates
the provisions of §D of this regulation.
(2) An eligible public charter school may not
submit an application under §B(1)(b) of this regulation more than one time
during the duration of an existing charter contract.
C. If the public
chartering authority determines that a public charter school is not an eligible
public charter school, the public charter school may appeal the decision to the
State Board in accordance with Education Article, §4-205(c), Annotated Code of
Maryland.
D. If an eligible public charter school and a public chartering
authority mutually agree to an alternative means by which the eligible public
charter school will satisfy the intent of the policies of the public chartering
authority, an eligible public charter school is exempt from:
(1) Textbook, instructional program, curriculum,
professional development, and scheduling requirements;
(2) A requirement to establish a school community
council;
(3) Except for Title I schools, a requirement to
establish a school improvement plan;
(4) Except for schools with a school activity
fund, a requirement to provide school activity fund disclosure statements; and
(5) Except for prekindergarten classes, class
size or staffing ratios.
E. A public chartering authority and an eligible public charter
school may jointly develop and mutually agree to a communication process and
supervision methodology that flows among the local board, the operator, and the
administration of the eligible public charter school.
F. Assignment of Staff.
(1) An eligible public charter school may not be assigned a
principal without the written consent of the operator of the eligible public
charter school.
(2) Staff Assignment
and Transfer.
(a) Staff members shall be assigned or transferred to an
eligible public charter school if the staff member expresses in writing that
the staff member wants to work in that eligible public charter school and the
eligible public charter school requests in writing that the staff member be
assigned or transferred to the eligible public charter school, provided there
is an existing vacancy.
(b) A transfer authorized under §F(2)(a) of this
regulation shall take place as designated by the agreement of the local
bargaining unit in the local school system.
G. Nothing in this regulation
may be construed to take precedence over an agreement of a local bargaining
unit in a local school system.
H. Except as otherwise
provided in this regulation, an eligible public charter school is subject to
the provisions of this chapter.
.09 Certification of Professional Staff Required.
A member of the professional staff of a public charter school
shall be subject to the same certification provisions established in
regulations for the professional staff of other public schools.
.10 Compliance with Laws and Regulations Governing Other Public
Schools Required.
A. Subject to §B of this regulation, a public charter school
shall comply with the provisions of law and regulation governing other public
schools.
B. Waiver of Requirements. Subject to §D of this regulation, a
public charter school may seek a waiver of the requirements under §A of this
regulation from:
(1) A local board for policies that are the policies of the
local board; and
(2) The State Board for policies that are the policies of the
State Board.
C. If a waiver is denied under this regulation, the local board
or the State Board, as appropriate, shall provide the reason for the denial in
writing to the public charter school.
D. A waiver may not be granted from provisions of law or
regulation relating to:
(1) Audit requirements;
(2) The measurement of student academic achievement, including
all assessments required for other public schools and other assessments
mutually agreed upon by the public chartering authority and the public charter
school; or
(3) The health, safety, or civil rights of a student or an
employee of the public charter school.
.11 Students with Disabilities and Special Education Compliance
Required.
A. A public chartering authority may not grant a charter to a
public charter school whose operation would be inconsistent with any public
policy initiative, court order, or federal improvement plan governing special
education that is applicable to the State.
B. A public chartering authority shall ensure that the
authorizing process for a public charter school and the charter application
address the roles and responsibilities of the local board and the applicants
and operators of the public charter school with respect to children with
disabilities.
C. The public chartering authority shall ensure that, prior to
opening a public charter school, the operators of the school are informed of
the human, fiscal, and organizational capacity needed to fulfill the school’s
responsibilities related to children with disabilities.
.12 Public Charter School Employees.
A. Employees of a public charter schools:
(1) Are public school employees, as defined in Education
Article, §§6-401(e) and 6-501(g), Annotated Code of Maryland;
(2) Are employees of a public school employer, as defined in
Education Article, §§6-401(f) and 6-501(h), Annotated Code of Maryland, in the
county in which the public charter school is located; and
(3) Shall have the rights granted under Education Article, Title
6, Subtitles 4 and 5, Annotated Code of Maryland.
B. If a collective bargaining agreement under Education Article,
Title 6, Subtitles 4 or 5, Annotated Code of Maryland, is already in existence
in the county where a public charter school is located, the employee
organization, public school employer, and the public charter school may
mutually agree to negotiate amendments to the existing agreement to address the
needs of the particular public charter school, including amendments to work
days, work hours, school year, procedures for transfers that are consistent
with the instructional mission of the school, and extra duty assignments.
.13 Commensurate Funding.
A. Formula.
(1) A local board of education shall calculate commensurate
funding for the public charter schools in its jurisdiction using a formula that
complies with Education Article, §9-109, Annotated Code of Maryland, and this
regulation.
(2) The local board shall identify a
preliminary total per pupil allocation for each public charter school by
completing all of the following steps in order:
(a) Identify all local,
State, and federal revenue sources, consistent with §A(3) of this regulation,
contained in the local school system’s operating budget;
(b) Identify the
enrollment counts, consistent with §A(4) of this regulation, for the local
school system and each public charter school;
(c) Divide each local,
State, and federal revenue source that is not eligibility based by total
enrollment;
(d) Multiply the
results from §A(2)(c) of this regulation by the last enrollment count for each
public charter school to determine the base per pupil allocation;
(e) Divide each local,
State, and federal revenue source that is eligibility based, with the exception
of special education revenue and special education transportation revenue, by
eligible enrollment;
(f) Multiply the
results from §A(2)(e) of this regulation by the last enrollment count of
eligible students for each public charter school to determine the eligibility
per pupil allocation;
(g) Add the results
from §A(2)(d) and (f) of this regulation;
(h) Determine the
shared cost deduction rate by dividing the sum of the shared cost deductions in
§B of this regulation by all local, State, and federal revenue sources
identified in §A(2)(a) of this regulation;
(i) Multiply the result
from §A(2)(g) of this regulation by the difference between 1.0 and the result
in §A(2)(h) of this regulation;
(j) Identify the
special education allocation, consistent with §A(5) of this regulation,
necessary to implement the individualized education programs of all students
with disabilities enrolled at each public charter school;
(k) Add the results
from §§A(2)(i) and (j) of this regulation; and
(l) Multiply the result
from §A(2)(k) of this regulation by the difference between 1.0 and the
administrative fee in §C of this regulation.
(3) Revenue Sources.
(a) The preliminary
total per pupil allocation shall be calculated using 100 percent of each
revenue source.
(b) Any restrictions
applicable to a revenue source shall continue to apply notwithstanding this
regulation.
(c) The concentration
of poverty grant program established under Education Article, §5-223, Annotated
Code of Maryland, is not a revenue source for purposes of this regulation.
(4) Enrollment Counts.
(a) The preliminary
total per pupil allocation shall be determined using the following data points,
as applicable, for the local school system and each public charter school
during the prior school year:
(i) The enrollment data
collected on September 30 or an alternate date set by the Department; or
(ii) For a public
charter school that is new or expanding, or with the consent of the public
charter school, the enrollment data projected by the local school system.
(b) The final total per
pupil allocation shall be adjusted, upward or downward, only one time based on
the actual enrollment count for each public charter school during the school
year.
(5) Special Education Allocation.
(a) The special
education allocation identified in §A(2) of this regulation shall be determined
by the local school system based on:
(i) The special
education revenue and special education transportation revenue for which each
student enrolled in each public charter school is eligible;
(ii) Any additional
revenue that is necessary to provide the services documented in the
individualized education program of each student enrolled in the public charter
school; and
(iii) Equivalent costs
for services delivered in other schools within the local school system.
(b) If a public charter
school elects to delegate the management of special education to the local
school system, the special education allocation amount shall be:
(i) Excluded from the
public charter school’s preliminary total per pupil allocation; and
(ii) Expended by the
local school system to serve the students with disabilities enrolled at the
public charter school in accordance with their individualized education
programs.
(c) If a public charter
school elects to manage special education directly, the special education
allocation amount shall be:
(i) Included in the public charter school’s preliminary total
per pupil allocation; and
(ii) Expended by the public charter school, including the option
for buy backs, to serve the students with disabilities enrolled at the public
charter school in accordance with their individualized education programs.
(d) If a public charter school fails to timely complete
corrective action required for special education noncompliance, the local
school system may centralize management of special education with the approval
of the Department.
(e) If a public charter school student’s individualized
education program can only be implemented in a non-public placement, the
student is no longer considered part of the special education allocation at the
public charter school.
(6) The local board shall identify a final total per pupil
allocation for each public charter school after:
(a) Negotiating with the public charter schools in good faith
regarding in-kind services, buy backs, and the management of special education;
and
(b) Subtracting the cost of the negotiated items from the
preliminary total per pupil allocation.
(7) The local board shall provide each public charter school
with a table showing:
(a) The calculation of its preliminary total per pupil
allocation, including:
(i) The base per pupil allocation;
(ii) The eligibility per pupil allocation;
(iii) The special education allocation;
(iv) The amount of the shared cost deductions; and
(v) The amount the administrative fee;
(b) The calculation of its final total per pupil allocation; and
(c) To the extent practicable, the per pupil allocation of a
comparable public school that is not a public charter school.
(8) Each public charter school shall provide the information
necessary for the local school system to comply with reporting requirements in
Education Article, §§5-406 and 5-234, Annotated Code of Maryland.
(9) Compliance Monitoring.
(a) A local board with public charter schools in its
jurisdiction shall include a review of compliance with this regulation in the
annual audit required by Education Article, §5-109, Annotated Code of Maryland.
(b) The Department may periodically review the tables provided
by the local board to the public charter schools under §A(7) of this regulation
to provide technical assistance and monitor compliance.
B. Shared Cost Deductions.
(1) A local board may apply shared cost deductions when
calculating commensurate funding under §A of this regulation.
(2) Each of the following shared cost deductions may be applied
by a local board:
(a) Retiree benefits;
(b) Adult education;
(c) Special education adjustment, not to exceed 10 percent of
all local, State, and federal revenue sources identified in §A(2)(a) of this
regulation; and
(d) If a public charter school occupies one of the local board’s
buildings, debt service.
C. Administrative Fee.
(1) A local board may charge an administrative fee to each
public charter school in its jurisdiction.
(2) The administrative fee shall account for the costs related
to:
(a) Implementation of Education Article, §9-110(a), Annotated
Code of Maryland;
(b) Local superintendent and local board administration;
(c) Special education and student services administration; and
(d) Human resources administration.
(3) The administrative fee applied by a local board shall:
(a) Not exceed 5 percent of each public charter school’s
preliminary total per pupil allocation; and
(b) Be adequately documented, including the specific services
rendered, in the table provided to each public charter school under §A(7) of
this regulation.
.14 Public Charter School Policies.
A. Submission of Public Charter School Policy to the State
Board.
(1) Each local board shall develop a public charter school
policy and provide it to the State Board.
(2) The policy required under §A(1) of this regulation shall
include guidelines and procedures regarding:
(a) Evaluation of public charter schools;
(b) Revocation of a charter;
(c) Reporting requirements;
(d) Financial, programmatic, or compliance audits of public
charter schools; and
(e) Calculation of commensurate funding, including the formula
established under Regulation .13 of this chapter.
(3) The policy required under §A(1) of this regulation, including any updates or amendments made to
the policy, shall be provided to the Department and made available on request
and posted on the website of the local board.
.15 School Sites or Buildings Available for Public Charter
School Use.
A. Notice of Availability of School Sites or Buildings.
(1) If, with the approval of the State Superintendent, a local
board determines that a school site or building no longer is needed for school
purposes and after the county commissioners or county council have provided the
required notice under Education Article, §4-115, Annotated Code of Maryland,
the local board shall inform the public charter schools in the county that the
school site or building is available for occupation and use by a public charter
school on the terms determined by the local board.
(2) Each local board:
(a) Shall establish a procedure to determine which public
charter school may occupy and use an available school site or building if more
than one public charter school notifies the local board of an interest in
occupying and using a school site or building; and
(b) May consider the utilization rate of surrounding school
sites and buildings when authorizing a public charter school to occupy a school
site or building.
B. A public charter school that occupies or uses a school site
or building under §A of this regulation may not sell, dispose of, or otherwise
transfer the school site or building.
.16 Property Tax Exemption.
Any portion of a
building or property occupied and used by a public charter school shall be
exempt from property taxes under Tax—Property Article, §7-202, Annotated Code
of Maryland, for the duration of the occupation and use of the building or
property as a public charter school.
CAREY M.
WRIGHT, Ed.D.
State Superintendent of Schools
Subtitle 08 STUDENTS
13A.08.01 General Regulations
Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301,
7-301.1, 7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of
Maryland; Ch. 273, Acts of 2016; Ch. 243, Acts of 2025, Federal Statutory
Reference: 20 U.S.C. §§1232g and 7912
Notice of Proposed Action
[25-318-P]
The State Board of Education proposes to repeal existing Regulation
.05 and adopt new Regulation .05 under COMAR 13A.08.01 General
Regulations. This action was
considered by the State Board of Education at its December 9, 2025 meeting.
Statement of Purpose
The purpose of this action is to introduce new definitions and
requirements to local education agency(LEA) student attendance policies
mandated under COMAR 13A.08.01.05 Student Attendance Policy.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary Gable, Assistant State Superintendent,
Maryland State Department of Education, 200 West Baltimore Street, Baltimore,
MD 21201, or call 410-767-0472, or email to [email protected]. Comments
will be accepted through March 23, 2026. A public hearing has not been
scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on April 28, 2026 at 9:00 am,
at 200 West Baltimore Street, Baltimore, MD 21201.
.05 Student Attendance Policy.
A. Definitions. In this regulation, the following terms have the
meanings indicated.
(1) “Chronic absence” means a student has been enrolled in a
school for at least 10 days and has missed 10 percent or more of the school
days for any lawful or unlawful reason while enrolled at that school.
(2) Chronic Absenteeism.
(a) “Chronic absenteeism” means a student has been in membership
in a school for at least 10 days and is absent 10 percent or more of the school
days while enrolled at that school.
(b) A student can be counted as chronically absent in multiple
schools, within the State, in the same year.
(3) “Day of attendance” means a student is attending an
instructional program approved by the State, local school system or school for
greater than half the school day.
(a) A student is “present” or “attending” if the student is
attending an instructional program by the State, local school system, and/or
school as defined in Regulation .01D of this chapter; or
(b) A student is physically on school grounds or is
participating in instruction or instruction-related activities at an approved
off-grounds location as defined in Regulation .01D of this chapter.
(4) “Multi-Tiered System of Supports (MTSS)” means a proactive
and preventative framework that aims to foster growth and success by ensuring
all students receive equitable academic, behavioral, and social-emotional
support utilizing multiple data points to identify students requiring
intervention through three tiers of support.
B. Each local school system shall develop a student attendance
policy which includes the following.
(1) A general statement dealing with the local school system's
purpose and rationale for promoting regular school attendance.
(2) Reasons for lawful and unlawful absences and tardiness
include lawful/unlawful absence as defined in Regulations .03 and .04 of this
chapter. Clarification of special situations for unlawful absence may also be
identified.
(3) Standards for regular attendance include minimal
requirements for student attendance in order to foster continuity of the
instructional program. The standards for school attendance may identify a
specific number of excessive or unlawful absences allowed within a marking
period, semester, or school year.
(4) Procedure to verify absences/tardiness includes responsible
persons, time limits, and methods of absent/tardy verification.
(5) Best practices to identify, prevent, and eliminate chronic
absenteeism that are culturally responsive and nonpunitive, which may include:
(a) Conducting an in-depth analysis of qualitative and
quantitative data to identify priorities for support;
(b) Identifying and utilizing a team at the local school system
level to oversee the systemwide strategy for attendance improvement;
(c) Requiring each school to have a team to oversee the
school-wide strategies for attendance improvement and reduction of chronic
absenteeism;
(d) Developing and implementing a comprehensive communication
plan to communicate the importance of regular student attendance to students
and parents or guardians;
(e) Identifying and addressing common barriers to attendance to
determine the best course of action to improve student attendance and reduce
chronic absenteeism;
(f) Engaging in continuous improvement activities using
qualitative and quantitative data to determine effective strategies;
(g) Promoting non-punitive strategies that address the root
causes of student absence; and
(h) Engaging families using positive, proactive, and
non-punitive strategies.
(6) A multi-tiered system of supports that uses evidence-based
identification and responsive strategies to ensure high-quality academic,
behavioral, and social-emotional supports for all students.
(7) Penalties for not meeting standards for regular attendance
requirements include actions taken by school system staff when a student is
unlawfully absent or accumulates an equivalent number of excessive or unlawful
absences which exceeds the standard for regular school attendance. The
penalties should be identified, and should reflect a continuum of excessive or
unlawful absences.
(8) Make-up work requirements include classroom teacher and
student responsibility, time limits, and grading policy for make-up work.
Make-up work requirements may also involve a procedure for completing class
work in advance of an absence wherever possible.
(9) Attendance-monitoring procedure includes:
(a) Record-keeping format to comply with State attendance
reporting requirements;
(b) Intervention strategies and procedures for dealing with
absenteeism at the beginning stages of the problem as well as chronic
absenteeism; and
(c) A referral process to pupil services or other central office
professionals for case management of chronic attendance cases.
(10) Reward process includes an identified motivational program
to reward regular school attendance.
(11) Information dissemination includes methods for informing
school staff, students, parents, and community members of attendance policy
requirements.
(12) Appeals process includes specific due process procedures
for appealing attendance violation decisions at the school and central office
level.
(13) Legal foundation includes citations of legal authority for
attendance policy development and implementation.
C. Each local school system shall:
(1) Review its student attendance data at least annually;
(2) Publicly post the most recent student attendance policy on
the local school system’s website; and
(3) Require each school within the local school system to
include the most recent student attendance policy on the school’s website and
in the school’s student handbook.
D. The Department will collect data on student attendance to
support local school systems in the development and implementation of local
student attendance policies.
CAREY M. WRIGHT, Ed.D.
State Superintendent of
Schools
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.21 Urban Agriculture
Grant Program
Authority: Agriculture Article, §§2-2001 et seq., Annotated Code of
Maryland
Notice of Proposed Action
[25-182-P]
The Maryland Department of Agriculture proposes to amend Regulations
.02, .04, .05, and .06 under COMAR 15.01.21 Urban Agriculture
Grant Program.
Statement of Purpose
The purpose of this action is to:
(1) Amend existing Regulation .02 that defines certain terms;
(2) Specify that providing a measurable community benefit includes
improving local food access; and
(3) Alter the basis for determining the amount of grant funds to be
awarded by accessing the degree to which the project impacts a Healthy Food
Priority Area, a newly defined term.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jason Keppler, Conservation Grants Program
Manager, Maryland Department of Agriculture, 50 Harry S. Truman Parkway,
Annapolis, MD 21401, or call 410-972-6859, or email to
[email protected]. Comments will be accepted through March 23, 2026. A
public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(3) (text unchanged)
(4) “Healthy Food
Priority Area” means a census tract in which:
(a) At least 25 percent
of the residents qualify as low-income according to the most recent U.S. Census
Bureau survey; or
(b) Accessibility to
supermarkets, grocery stores, or other sources of healthy affordable food,
including fresh fruits and vegetables, is limited (which may be determined
using measurements and indicators that can be found in the Food Access Research
Atlas published by the USDA Economic Research Service).
[(4)](5)—[(5)](6)
(text unchanged)
(7) “Safe, environmentally sustainable,
and socially responsible practices” include those that:
(a) Aim to minimize
negative impacts on the environment such as practices that:
(i) Promote soil
health;
(ii)
Prevent soil erosion; and
(iii)
Manage water resources (e.g., utilize efficient irrigation techniques such as
drip irrigation);
(b) Ensure
fair treatment of workers; and
(c) Support
local communities by providing locally produced fruits and vegetables.
[(6)](8)
“Socially disadvantaged urban farmer” means[:
(a) An] an urban agricultural producer who is a
limited resource farmer (e.g., a farmer who has low household income and low
gross farm sales), and may include a beginning farmer who is similarly situated [belonging to a group that
historically has been:
(i) Underserved by federal or
state agricultural programs; or
(ii) Subject to racial or
ethnic prejudice.
(b) “Socially disadvantaged
urban farmer” includes urban agricultural producers who are:
(i) African American;
(ii) American Indian, Native
American, or Alaska Native;
(iii) Hispanic;
(iv) Asian or Pacific
Islander; and
(v) Women, regardless of race
or ethnicity].
[(7)](9) (text unchanged)
[(8) “Underserved community” means a
census tract in which, according to the most recent U.S. Census Bureau survey,
at least:
(a) 25 percent of the residents qualify
as low-income
(b) 50 percent of the residents identify
as nonwhite; or
(c) 15 percent of the residents have
limited English proficiency.]
[(9)](10)—[(10)](11)
(text unchanged)
.04 Application Procedures.
A. (text unchanged)
B. Use of Grant Funds.
(1) (text unchanged)
(2) To receive a grant under this
program, the applicant shall demonstrate that the funds the person receives
will provide a measurable community benefit including, but not limited to,
improving local food access; and
(3) (text unchanged)
.05
Application Review and Approval.
A. The Department to Approve or Disapprove an Application.
(1) If the Department approves a project, it shall base the
amount of the State grant funds on:
(a)—(d) (text unchanged)
(e) Whether, and the degree to which, the project provides urban
grown foods to urban areas designated as
[an underserved community] a Healthy Food Priority
Area.
(2) (text unchanged)
B. (text unchanged)
.06 Grant Agreement.
A. Urban Agricultural Producer.
(1) The Department and the applicant
shall execute an agreement that, among other things, obligates the applicant
to:
(a)—(c) (text unchanged)
(d) Demonstrate that the project provides
a measurable community benefit including, but not limited to,
improving local food access [to the community]; and
(e) (text unchanged)
(2) (text unchanged)
B. (text unchanged)
KEVIN M. ATTICKS
Secretary
