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Committee asks legal review after petition seeks reimbursement of criminal-background checks for audiologists and SLPs
Summary
A public petition asked the State Board to amend COMAR so LEAs must reimburse audiologists and speech-language pathologists for criminal-background check fees; MSDE recommended denial and the committee asked legal counsel to review before moving forward.
The committee reviewed a public petition asking that COMAR be amended to require local education agencies to reimburse the cost of criminal-background checks for audiologists and speech-language pathologists. The request was brought under the petition process (State Government Article) that allows members of the public to propose regulatory amendments.
Deputy counsel and MSDE staff reported that MSDE recommends denying the petition. MSDE—s summary said requiring LEAs to reimburse criminal-background check fees would impose an additional financial burden on school systems and could create equity concerns, since many other professional categories also incur these screening costs.
MSDE staff noted existing statutory language requiring reimbursement of initial or renewal licensing fees for audiologists and speech-language pathologists. MSDE counsel (legal staff) explained that the petitioner was seeking reimbursement for the criminal-history record check required by the relevant licensing board at renewal, in addition to the licensing fee reimbursement that statute already references. MSDE—s legal counsel recommended further review before any change in COMAR because the requested change would expand the scope of required reimbursements beyond the statute.
Committee members asked for more factual and legal analysis before taking any action. Several members said they had seen local practices that differ by district (some districts pay screening fees centrally; others require employees to pay). MSDE and legal counsel agreed to return with additional legal clarifications and information on district practices and fiscal impacts.
Why it matters: If implemented, the change would create a new mandatory reimbursement obligation for LEAs or require state action to fund district reimbursements. The legal question is whether a regulatory change can or should expand reimbursement obligations beyond the statute that currently covers licensing fees for those professionals.
The committee deferred action pending legal review and more information about LEA practices and fiscal implications.
