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09.37.02 - Workforce Development and Adult Learning - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 18
FRIDAY, SEPTEMBER 6, 2013

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.02 Correctional Institutions Mandatory Educational and Workforce Skills Training Program

Authority: Labor and Employment Article, §§11-902(b) and 11-903, Annotated Code of Maryland

Notice of Proposed Action
[13-255-P]

The Secretary of Labor, Licensing, and Regulation proposes to adopt new Regulations .01—.08 under a new chapter, COMAR 09.37.02 Correctional Institutions Mandatory Educational and Workforce Skills Training Program.

Statement of Purpose

The purpose of this action is to establish the requirements and procedures for inmate participation in the mandatory Educational and Workforce Skills Training Program in State correctional facilities.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Alice Wirth, Director of Correctional Education, Department of Labor, Licensing, and Regulation, 1100 N. Eutaw Street, Baltimore, MD 21201, or call 410-767-9769, or email to awirth@dllr.state.md.us, or fax to 410-225-7208. Comments will be accepted through October 9, 2013. A public hearing has not been scheduled.

.01 Definitions.
  A. In this chapter, the following terms have the meanings indicated.
  B. Terms Defined.
    (1) “Case Management” means the Department of Public Safety and Correctional Services employees responsible for oversight of the Correctional Education mandatory educational program and workforce skills training program.
    (2) “Correctional Education” means the Department of Labor, Licensing and Regulation employees responsible for administering the correctional education and workforce skills training programs at correctional institutions.
    (3) “Department” means the Department of Labor, Licensing, and Regulation.
    (4) “GED®” means testing offered as an alternate and acceptable way for an individual older than the age requirement for compulsory school attendance to earn a Maryland high school diploma.
    (5) “Secretary” means the Secretary of Labor, Licensing, and Regulation.

.02 Purpose.
The purpose of this regulation is to implement a mandatory educational and workforce skills training program in each of the correctional institutions in the Department of Public Safety and Correctional Services (DPSCS) to meet the needs of the inmates.

.03 Exemption From Participation.
An inmate is not required to participate in a mandatory educational and workforce skills training program if the inmate has a medical, developmental, or learning disability, which justifies an exemption, verified by:
  A. An Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA); or
  B. Other competent medical or educational documentation acceptable to the Secretary or his designee.

.04 Required Participation.
An inmate is required to participate in a mandatory educational and workforce skills training program if the inmate:
  A. Does not possess a verified high school diploma or a GED® diploma;
  B. Was received by the DPSCS after July 1, 1987;
  C. Has 18 months or more remaining to be served on the inmate’s sentence before a mandatory supervision release date; and
  D. Is not exempted due to a medical, developmental, or learning disability under Regulation .03 of this chapter.

.05 Program Participation.
  A. If an inmate meets the participation requirements of Regulation .04 of this chapter, Case Management shall refer the inmate to the mandatory educational and workforce skills training program.
  B. If Case Management determines that the individual should pursue an educational program:
    (1) The inmate shall be assessed by Correctional Education with the Test of Adult Basic Education (TABE) or comparable educational assessment and placed into Beginning Literacy, Adult Basic Education, or Adult Secondary Educational Program, as appropriate, pursuant to the inmate’s personalized education plan;
    (2) The inmate shall actively participate in a mandatory educational program for not less than 120 days, with the educational standard being the attainment of a high school diploma.
    (3) An inmate may continue in the education program beyond 120 days at Case Management’s discretion.
    (4) Time of participation shall be calculated as follows:
      (a) Days shall mean calendar days, with the calculation beginning on the first day the inmate is assigned to attend class by Case Management, counting continuously until 120 days are complete;
      (b) The calculation may be suspended at the discretion of Case Management due to the inmate’s illness, removal, reassignment, or transfer to another institution and shall continue from where it was suspended upon an inmate’s return to an educational program, unless Case Management deems such calculation to be inappropriate;
      (c) The 120 days requirement for mandatory education shall be waived if the inmate acquires a high school diploma before the expiration of 120 days.
    (5) The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.
    (6) Infractions of the rules or DPSCS disciplinary action for conduct outside the educational program may result in Case Management removing the inmate from the educational program for:
      (a) Refusal to submit to TABE or educational assessment;
      (b) Refusal to attend scheduled educational program classes;
      (c) Lack of demonstrated academic progress;
      (d) Inappropriate behavior; or
      (e) Conviction of violating an institutional rule.
    (7) An inmate who is 21 years of age or younger shall have priority status for placement.
  C. If Case Management determines that the inmate should pursue a workforce skills training program in lieu of an educational program:
    (1) The inmate shall be assessed by Correctional Education and, in consultation with Case Management, be placed into an appropriate workforce skills training program;
    (2) The inmate shall actively participate in a workforce skills training program until the inmate is able to demonstrate proficiency in the subject skill as determined by Correctional Education and Case Management.
    (3) The inmate may participate in additional workforce skills training programs at Case Management’s discretion.
(4) The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.
    (5) Infractions of these rules or DPSCS disciplinary action for conduct outside the workforce program may result in Case Management removing the inmate from the workforce program for:
      (a) Refusal to submit to assessment;
      (b) Refusal to attend scheduled training;
      (c) Lack of demonstrated progress;
      (d) Inappropriate behavior; or
      (e) Conviction of violating an institutional rule.

.06 Removal from the Mandatory Educational and Workforce Skills Training Program.
  A. If an inmate is removed from a mandatory educational program or a workforce skills training program for an infraction of Regulation .05C of this chapter, the inmate may:
    (1) Be charged with a Category II rule violation;
    (2) Lose all good time credits and all special project credits;
    (3) Have all visits suspended indefinitely; and
    (4) Be placed on unassigned status and not be assigned to any other job or program assignment, waiting list or job bank.
  B. An inmate may be returned to an educational program by Case Management after removal for an infraction of Regulation .05 of this chapter if the inmate:
    (1) Agrees to submit to TABE or educational assessment;
    (2) Agrees to attend scheduled educational program classes;
    (3) Demonstrates academic progress;
    (4) Agrees to refrain from inappropriate behavior; and
    (5) Agrees to refrain from violating institutional rules.
  C. An inmate may be returned to a workforce program after removal for an infraction of Regulation .05 of this chapter if Case Management deems it appropriate.

.07 Reporting Requirement.
The DPSCS shall report to the Parole Commission the progress of an inmate upon completion of or removal from the mandatory educational and workforce skills training program.

.08 Inmate under an IEP.
Notwithstanding the provisions of this chapter, an inmate 21 years of age or younger with an Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA) must be provided educational services pursuant to the IEP upon admission to a correctional institution and for the duration required under the IEP. DPSCS shall promptly notify Case Management of an inmate’s IEP status.

LEONARD J. HOWIE III
Secretary of Labor, Licensing, and Regulation