August 26, 2021
PURPOSE:
The purpose of this memorandum is to receive permission from the State Board of Education to
publish emergency regulations Face Coverings in School Facilities.
REGULATION PROMULGATION PROCESS:
These regulations are being proposed as emergency regulations because the regulations are necessary to mitigate the spread of COVID-19 in Maryland public schools, prevent public school closures, and limit the number of students required to quarantine out of the classroom during the 2021-22 school year due to COVID-19. The adoption of standard regulations, which require a notice and comment period, could not be completed in the timeframe required to prevent public school closures and limit necessary quarantines during the 2021-22 school year. Thus, emergency regulations are being proposed.
Emergency regulations, which bypass the normal public notice and comment period, remain in
effect for a limited period of time - not to exceed 180 days - to meet exigent circumstances.
Although emergency regulations are not published in the Maryland Register before adoption,
notice of the Administrative, Executive, and Legislative Review (AELR) Committee's receipt of
the regulation is posted on the Maryland General Assembly's website. In addition to notice on
the General Assembly website, the Department must post the text of the proposed emergency
regulations on the agency website within three business days of submission to the AELR
Committee. If a member of the AELR Committee requests a public hearing on the emergency adoption of a regulation, the committee must hold the hearing. If no public hearing is requested, staff to the
Committee may poll the Committee members on the emergency regulation as soon as 10 business days after receipt of the regulation. Approval by the AELR Committee is required for an
emergency regulation to take effect. This emergency regulation shall expire 180 days after filing or upon withdrawal by the promulgating agency.
13A.01.07Emergency.pdf