1396

LAWS OF MARYLAND

Ch. 539

number of representatives of employees and employers
pursuant to a labor—management collective bargaining
agreement or to a program subject to approval by the
Apprenticeship and Training Council.

(b) The State Superintendent of Schools shall issue
a certificate of approval to any applicant operating or
proposing to operate a private school or educational
institution whose conditions of entrance, scholarship,
educational qualifications, standards and facilities are
adequate and appropriate for the purposes, program,
training and courses to be taught or given therein. Any
certificate may be revoked at any time for cause by the
State Superintendent of Schools but only in the manner
herein prescribed. Before any certificate may be
revoked, the State Superintendent of Schools shall first
give the school involved a written notice of conditions
of which he complains and shall give the school thirty
days in which to correct those conditions. If at the
end of a thirty—day period or extensions thereof as may
be granted by the State Superintendent of Schools, the
State Superintendent of Schools is still dissatisfied, he
shall issue the school a written order requiring the
school to close within fifteen days from the date of the
order; provided, however, the order shall be stayed if
within the fifteen—day period, the school files a written
appeal to the State Board of Education requesting a
hearing to seek reversal of the State Superintendent's
decision. Upon receipt of the appeal, the State Board
of Education shall require the school's representative to
appear before the Board at a specific time designated not
less than thirty days after the filing of an appeal for a
hearing. Upon the hearing of the matter or upon the
failure of a representative of the school to attend the
hearing, the State Board of Education may affirm the
decision of the State Superintendent of Schools provided,
however, the school may appeal from the affirmation to
the circuit court of the county wherein the applicant
proposes to operate or to the Superior Court of Baltimore
City if the applicant proposes to operate in the City of
Baltimore. The State Board of Education may stay the
order pending the appeal. Any applicant who has been
denied a certificate is entitled to a hearing before the
State Board of Education which may affirm or reverse the
action of the State Superintendent of Schools. Any
applicant adversely affected by a decision of the State
Board of Education affirming the action of the State
Superintendent of Schools in denying a certificate may
appeal from the Board's decision to the circuit court of
the county wherein the applicant proposes to operate, or
to the Superior Court of Baltimore City if the applicant
proposes to operate in the City of Baltimore. On any
appeal from the action of the State Board of Education in
either revoking a certificate or affirming the action of
the State Superintendent of Schools denying a
certificate, there shall be a rebuttable presumption that
the action of the State Board of Education is proper and
in the public interest. The burden of proof shall be