1. A. In this subtitle, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Child sexual abuse” means an act by an adult involving a minor or a student that constitutes a sexual offense under the laws of the State, or any sexual contact between an adult and a minor.
   2. (2) “Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.
   3. (3) “Current or former employer” means a county board, nonpublic school, or any other entity through which an individual had direct contact with minors.
   4. (4) “Department” means the Maryland State Department of Education.
   5. (5) “Direct contact with minors” means the care, supervision, guidance, or control of or routine interaction with a minor.
   6. (6) “Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under Regulation .03 of this chapter.
   7. (7) “Prospective employer” means a county board, nonpublic school, or contracting agency that is considering hiring an applicant for a position involving direct contact with minors.
   8. (8) “School” means a public or nonpublic school.

   9. (9) “Sexual misconduct” means an act by an adult, including an oral, nonverbal, written, or electronic communication, or a physical activity directed toward or with a minor that is designed to promote a romantic or sexual relationship with the minor, including:

      1. (a) Sexual or romantic invitation;
      2. (b) Dating or soliciting dates;
      3. (c) Engaging in sexualized or romantic dialogue;
      4. (d) Making sexually suggestive comments;
      5. (e) Grooming behaviors;
      6. (f) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature; and
      7. (g) A sexual, indecent, romantic, or erotic contact with the minor.

Authority: Education Article, §§2-205(c) and 6-113.2, Annotated Code of Maryland

Effective date: September 21, 2020 (47:19 Md. R. 850)

Regulation .02B amended effective February 21, 2022 (49:4 Md. R. 301)

Regulation .03 amended effective February 21, 2022 (49:4 Md. R. 301)