MSDE advisory board reviews public comments asking to extend conditional special-education license; counsel says federal law limits term to three years

The Maryland State Department of Education advisory board on certification reviewed four identical public comments asking that a proposed conditional special-education license be extended from three years to five.

Sophia Fitzpatrick, MSDE director of certification, told the board the four comments came from Harford County Public Schools and addressed COMAR 13A.12.02, the draft language that would make a conditional special-education license valid for three years and nonrenewable. "A conditional license may only be issued to an individual who possesses a bachelor's degree or higher," Fitzpatrick read, and noted commenters asked to increase the term because special education remains difficult to staff.

MSDE counsel Sean Fitzgerald responded with a legal caution. Citing the federal regulation, he said the federal equivalent for alternate-route or conditional certificates is limited "for a specified period of time not to exceed 3 years." He told the board that federal law would likely preclude adopting a five-year conditional license if the state rule conflicts with federal requirements.

Board members discussed outreach and next steps. Staff said they will compile public comments into a chart showing dates, organizations, verbatim comments and suggested regulatory edits, and will circulate the federal regulation and previous MSDE "deep dive" presentation to give members background. Fitzpatrick said the public-comment window remains open through August 13 and encouraged continued submissions.

Kelly Meadows, an MSDE staff member leading implementation efforts, described plans for substantial technical assistance if the regulations move forward: written memoranda to constituency groups, coordinated in-person and virtual trainings for LEAs and institutions of higher education, and a back-mapping exercise to align systems and documentation ahead of an anticipated effective date. Fitzpatrick said staff hope to present a draft implementation plan to the advisory board in October.

What happens next: staff will send the compiled public comments and the cited federal regulation to board members; the advisory board will continue to receive and review comments through the published window and will revisit the issue at a later meeting before any final regulatory action.