# Subtitle 1 – City Public Schools

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## Part 1 – Bequests and Donations

### § 1-1 In general.

Balt., Md., Code art. 18, § 1-1 (2026)

(a) The Board of School Commissioners is hereby authorized to receive all devises, bequests, and donations which may be made for the benefit of said public schools.

(b) All devices, bequests, and donations received by said board, by virtue either of this section or of any act or acts of the General Assembly of Maryland, shall be paid over by it to the Director of Finance, who shall place the same to the credit of the school fund.

*History: Rev. Ords.1858-040*

*History: Ord. 76-145*

### § 1-2 Allocation of funds.

Balt., Md., Code art. 18, § 1-2 (2026)

(a) If any condition or conditions be prescribed in any such devise, bequest, or donation, the same shall be applied under the direction of said Board, with the sanction of the Mayor and City Council, agreeably to the intention of the testator or donor.

(b)

  (1) If no condition be prescribed in any such devise, bequest, or donation, it shall not be lawful for said Board to draw all or any part of the amount thereof out of the City Treasury during the year in which it was received, unless:

    (i) the collections from the resources and levy of the school fund for said year should fall short of the estimated expenditures forming the basis of said levy; or

    (ii) it shall have been already allowed in the estimated resources of the fund for said year.

  (2) Otherwise, the same shall be included in the estimate of the ensuing year.

*History: Rev. Ords. 1858-040*

### §§ 1-3 to 1-5

Balt., Md., Code art. 18, § 1-3 to 1-5 (2026)

Reserved

## Part 2 – Intestate’s Estate

### § 1-6 Scope of Part.

Balt., Md., Code art. 18, § 1-6 (2026)

This Part applies to all funds which shall be paid to or received by the Director of Finance, or in any other way, or through any other person or persons, passed over and transferred to the Mayor and City Council of Baltimore, pursuant to the provisions of §§ 19-1 through 19-4 of the Baltimore City Public Local Laws.

*History: Ord. 1883-088*

*History: Ord. 76-145*

### § 1-7 Allocation of funds.

Balt., Md., Code art. 18, § 1-7 (2026)

Funds received from an intestate’s estate:

(1) shall be held subject to the order of the Board of School Commissioners of the City of Baltimore, in like manner as the funds derived from taxation for said purposes are held; and

(2) are declared to be a separate and distinct revenue, to be applied to the use and support of the public schools, in addition to the annual tax levied and the annual appropriation made for that purpose.

*History: Ord. 1883-088*

### § 1-8 Notice to Board.

Balt., Md., Code art. 18, § 1-8 (2026)

It shall be the duty of the Director of Finance to notify and inform the Board of School Commissioners, by a communication in writing, whenever any funds arising from the aforesaid source shall be hereafter received by him, and the amount of the same.

*History: Ord. 1883-088*

*History: Ord. 76-145*

### § 1-9 Accounts.

Balt., Md., Code art. 18, § 1-9 (2026)

(a) Whenever said Board shall intend to apply any portion or all of the aforesaid funds, hereafter received from intestate estates, the warrant or order drawn for said funds, or any portion thereof, shall show upon its face that it is drawn upon said funds.

(b) It shall be the duty of the City Comptroller and the Director of Finance to keep a separate account of all receipts and disbursements for said special and specific fund.

*History: Ord. 1883-088*

*History: Ord. 76-145*

### § 1-10 Collection of claims.

Balt., Md., Code art. 18, § 1-10 (2026)

The Mayor is authorized, upon the presentation to him of satisfactory evidence of the existence of any just and valid claim on the part of the corporation, on account of the school fund, against a certain estate, and which claim it is, in his judgment, judicious to prosecute, to employ for that purpose the services of one or more agents, and to agree with such agent or agents for such compensation to him or them as he may deem fair and reasonable, provided the said compensation shall be entirely contingent upon the recovery of the money.

### §§ 1-11 to 1-15

Balt., Md., Code art. 18, § 1-11 to 1-15 (2026)

Reserved

## Part 3 – Tuition

### § 1-16 Free attendance for residents and certain others.

Balt., Md., Code art. 18, § 1-16 (2026)

(a) There shall be no charge for tuition or for the use of books or stationery in any of the public schools, but it shall be the duty of the Board of School Commissioners to furnish, free of all costs to the pupils and their parents, all the necessary tuition and the use of books and stationery for the several schools, and in general, whatever fuel or other supplies the schools may require, the same to be paid for from the public school fund.

(b)

  (1) The public schools of the City of Baltimore are intended to promote the general welfare of its citizens and are maintained exclusively for the education of the children whose parents or guardians are actual residents of said City.

  (2) But the children of any member of the U. S. Army, Navy, Marine Corps, or Coast Guard stationed in the City of Baltimore shall be admitted to said schools without paying any tuition while the said member is stationed in the City.

  (3) But children residing in Baltimore whose parents or guardians are residents of the insular territories or possessions of the United States and children attending and residing at the Maryland School for the Blind shall be admitted to said schools.

(c) Provided, however, that in the maintenance of junior colleges or similar institutions for post-high school instruction, in the maintenance of extended-care nursery schools, in offering courses to adults, and in offering summer school enrichment non-credit courses to pupils deemed qualified by the Board of School Commissioners, authority for the establishment and maintenance of said types of instruction being thereby granted, the Board of School Commissioners is hereby authorized to charge such fees as it shall from time to time determine.

*History: Ord. 1866-074*

*History: Ord. 1884-141*

*History: Ord. 02-055*

*History: Ord. 10-595*

*History: Ord. 11-629*

*History: Ord. 40-296*

*History: Ord. 46-668*

*History: Ord. 50-977*

*History: Ord. 64-253*

### § 1-17 Tuition for nonresidents.

Balt., Md., Code art. 18, § 1-17 (2026)

(a) Children of non-resident parents or guardians may be admitted to said schools upon payment for tuition as prescribed in this section, subject to such rules as the Board of School Commissioners may from time to time prescribe, and subject always to the prior right of the children of residents of Baltimore to the use of said schools.

(b) The Board of Estimates is authorized and directed upon recommendation of the Board of School Commissioners to establish a scale of tuition fees and to change the same from time to time upon recommendation of the Board of School Commissioners.

(c) The Board of Estimates shall have power and authority upon recommendation of the Board of School Commissioners to waive tuition fees in any case where the said Board of Estimates shall find that the public interest and welfare will be promoted by such waiver.

*History: Ord. 1874-053*

*History: Ord. 1887-049*

*History: Ord. 1899-153*

*History: Ord. 02-055*

*History: Ord. 10-595*

*History: Ord. 11-629*

*History: Ord. 22-710*

*History: Ord. 26-569*

*History: Ord. 48-475*

### §§ 1-18 to 1-20

Balt., Md., Code art. 18, § 1-18 to 1-20 (2026)

Reserved

## Part 4 – Employee Organizations

### § 1-21 Definitions.

Balt., Md., Code art. 18, § 1-21 (2026)

(a) As used herein:

(b) “Employees” means any of the following employees of the Department of Education of the City of Baltimore:

  (1) teachers;

  (2) personnel concerned with the supervision, administration, and direction of the educational program and related services; and

  (3) other employees whose positions require a knowledge of and participation in the educational program.

(c) “Employee organization” means any organization:

  (1) which is authorized by employees, or any appropriate unit thereof, to represent them; and

  (2) which has as its principal purpose the representation of such employees in presenting their requests to the School Board, the Board of Estimates, and the City Council with respect to their wages and working conditions.

*History: Ord. 67-1031*

### § 1-22 Exclusive representative to be determined by election.

Balt., Md., Code art. 18, § 1-22 (2026)

(a) The School Board may determine which employee organization, if any, claiming to represent the employees, or an appropriate unit thereof, shall be the exclusive representative of said employees, or of such unit, as the case may be, or if no employee organization shall be their exclusive representative, such determination to be based upon an election by secret ballot.

(b)

  (1) If the School Board holds an election hereunder in a unit which does not comprise all of the employees, as defined in § 1-21(b), then the Board shall, if requested, hold an election to select an exclusive representative for any appropriate unit or units of the remaining employees, using the same procedures.

  (2) Provided, however, that the provisions in § 1-23(b) and (c) shall not apply in this initial election.

*History: Ord. 67-1031*

*History: 76-145*

### § 1-23 Subsequent elections.

Balt., Md., Code art. 18, § 1-23 (2026)

(a) If an election is conducted pursuant to § 1-22, no further election shall be held for an exclusive representative of the employees in the unit in which said election was conducted for a period of 2 years from the date of the School Board’s certification of the results of said election.

(b) Subsequent elections may be held upon the filing of a petition with the School Board, supported by 30% or more of the employees of an appropriate unit, alleging that the said employees in said unit desire:

  (1) that an employee organization be selected as their exclusive representative;

  (2) that an employee organization’s certification as exclusive representative be rescinded; or

  (3) that another employee organization be certified as their exclusive representative.

(c) The School Board may, upon verifying the requisite percentage, determine by secret ballot election which employee organization, if any, shall be the exclusive representative of such employees; provided, however, that no valid election shall have been conducted in said unit within the preceding 2 years.

*History: Ord. 67-1031*

### § 1-24 Determining appropriate units.

Balt., Md., Code art. 18, § 1-24 (2026)

In all elections, the School Board may determine the appropriate unit, the composition of which shall remain unchanged for a period of 2 years.

*History: Ord. 67-1031*

### § 1-25 Conduct of elections.

Balt., Md., Code art. 18, § 1-25 (2026)

(a) The said Board may adopt reasonable rules and regulations for the conduct of said elections and the certification of the results thereof.

(b)

  (1) The said Board may, further, employ or contract for such other assistance as it may require in conducting such election.

  (2) The School Board may assess all or any part of the cost and expense of said services on the employee organizations seeking to participate in such election.

(c) In all elections, the School Board shall certify the employee organization, if any, selected as the result of said election by a majority of the votes cast, as the exclusive representative of all employees eligible to vote in said election.

*History: Ord. 67-1031*

### § 1-26 Certified organization as exclusive representative.

Balt., Md., Code art. 18, § 1-26 (2026)

(a) The employee organization so designated shall act as the representative of all of the aforesaid employees in the unit, as the case may be, without regard to employee organization membership, in appearing before, presenting to, and conferring with the School Board, with respect to the wages and working conditions of said employees.

(b) However, nothing herein contained shall preclude the right of any employee to present and seek adjustment of grievances on his own behalf under any grievance procedure which may be adopted by the School Board nor shall any employee or employees be prevented from appearing on their own behalf before the School Board to urge or protest against any proposed wages or working conditions affecting such employee or employees.

*History: Ord. 67-1031*

### § 1-27 Strikes, etc., prohibited.

Balt., Md., Code art. 18, § 1-27 (2026)

(a) Employee organizations shall be prohibited:

  (1) from calling, maintaining, or participating in a strike; or

  (2) from inducing, encouraging, aiding, or abetting any employee to:

    (i) engage in a strike;

    (ii) withhold his services as such employee;

    (iii) picket in furtherance of either of the aforesaid purposes in front of, about, or in close proximity to any of the school buildings operated and maintained by the School Board; or

    (iv) picket for any purpose in front of, about, or in close proximity to any school building while school is in session or during such period prior to and following such session, as may be prescribed by the School Board.

(b)

  (1) If a certified employee organization shall violate any of the provisions herein, its certification shall immediately be revoked by the School Board, and said employee organization and any other employee organization which violates any of the provisions herein shall be ineligible to participate in or be considered for election as exclusive representative for a period of 2 years thereafter.

  (2) Provided, however, that nothing contained in this subsection shall in any way limit the City in seeking any other legal remedies to prevent or prohibit such illegal conduct.

*History: Ord. 67-1031*

### §§ 1-28 to 1-30

Balt., Md., Code art. 18, § 1-28 to 1-30 (2026)

Reserved

## Part 5 – School Board Nominating Committee

### § 1-31 Committee established.

Balt., Md., Code art. 18, § 1-31 (2026)

There is a School Board Nominating Committee in the Office of the Mayor.

*History: Ord. 87-994*

### § 1-32 Membership.

Balt., Md., Code art. 18, § 1-32 (2026)

(a) Each member shall represent an organization that:

  (1) is a nonprofit organization with City-wide or area-wide activities;

  (2) has a standing Committee on Education which has been in existence for at least 1 year;

  (3) is a broad-based organization that is interested in all educational programs and issues;

  (4) has had an active involvement with the Baltimore City schools; and

  (5) does not have an employee-negotiated agreement with the Department of Education.

(b) Persons who represent an organization on the Committee shall:

  (1) reside in Baltimore City;

  (2) not be employed by the Department of Education;

  (3) not be applicants for the Board of School Commissioners; and

  (4) not have their names included on the eligibility list recommended by said Committee.

(c) The Mayor shall appoint the members and their representatives to the Committee.

*History: Ord. 87-994*

*History: 87-1057*

### § 1-33 Purpose and duties.

Balt., Md., Code art. 18, § 1-33 (2026)

(a) The purpose of the Committee is to make recommendations to the Mayor for membership on the Board of School Commissioners.

(b) It shall be the responsibility of the Committee to:

  (1) actively seek qualified candidates, by public recruitment and advertisement when necessary;

  (2) maintain a list of qualified candidates at all times;

  (3) adopt written procedures concerning the minimum number of names to be maintained on the list and the length of time a name will be retained;

  (4) interview possible candidates; and

  (5) include in its considerations any possible conflict of interest the candidate might have if appointed to the Board.

(c) The Committee may include in the list sent to the Mayor comments on any candidate.

*History: Ord. 87-994*

### § 1-34 Expenditures.

Balt., Md., Code art. 18, § 1-34 (2026)

The Committee may expend funds authorized in the Ordinance of Estimates or any supplemental appropriation.

*History: Ord. 87-994*

### § 1-35

Balt., Md., Code art. 18, § 1-35 (2026)

Reserved

## Part 6 – Miscellaneous

### § 1-36 Selection of school sites.

Balt., Md., Code art. 18, § 1-36 (2026)

(a) Prior to final selection of a site for the construction of a new school, the Planning Commission shall consult with the Board of Fire Commissioners, the Police Commissioner, the Department of Public Works, the Department of Transportation, and the Department of Housing and Community Development about the proposed site.

(b) Such consultations shall be in the form of written communications, accompanied by plats indicating the site.

(c) Recommendations of the parties consulted shall be transmitted to the Planning Commission in writing within 30 days of the proposal.

*History: Ord. 69-418*

*History: Ord. 76-145*

*History: Ord. 15-435*

### § 1-37 Parking on school property.

Balt., Md., Code art. 18, § 1-37 (2026)

(a) Off-street parking space for teachers and staff shall not be provided on any land under the jurisdiction of the Department of Education, except where approved by the Mayor and City Council.

(b) Parking space designated for teachers and staff before August 4, 1972, shall not be affected by this section.

*History: Ord. 72-130*

### § 1-38 Registration of visitors.

Balt., Md., Code art. 18, § 1-38 (2026)

(a) It shall be unlawful for any person to enter any public school building owned or leased by the City of Baltimore or its agencies without immediately registering at the office of the principal or other designated head of that school.

(b) Such registrant shall be required to furnish his name, address, and occupation, and shall state the reason for his presence in the building.  In addition, he shall furnish positive identification that he is that person so registering.

(c) The provisions of this section shall not apply to teachers, students, or employees at the particular school.

(d) Any violation of the provisions of this section shall be deemed a misdemeanor, subject upon conviction to a fine of not more than $500 or to imprisonment for not longer than 6 months or to both fine and imprisonment, in the discretion of the Court.

*History: Ord. 69-529*

### § 1-39 Return of school property.

Balt., Md., Code art. 18, § 1-39 (2026)

(a) The Board of School Commissioners of Baltimore City is hereby empowered to demand and collect from the parents and guardians of children who have attended the public schools but have left the said schools, all books and other property which were furnished the said children during their attendance at said schools if the same are in the possession of said parents or guardians.

(b) In case of the refusal or neglect of the said parents or guardians to deliver to the Board of School Commissioners or its agent such books and other property as may be in their possession after demand therefore <em>{sic}</em>, they shall be subject to a fine of $5 for each and every offense, said fines to be collected as other fines are now collected.

*History: Ord. 1898-125*

*History: Ord. 48-475*

### § 1-40 Library book selections.

Balt., Md., Code art. 18, § 1-40 (2026)

The selection of the books, which shall be only of an instructive and moral character, shall be made by the said Board, or a committee appointed by it for the purpose, and no book deemed by it to be injurious to the morals of the pupils, or of a sectarian character, whether obtained by purchase or donation, shall be admitted in said libraries.

*History: Ord. 48-434*

### § 1-41 Peabody Prizes.

Balt., Md., Code art. 18, § 1-41 (2026)

The Board of School Commissioners of the City of Baltimore is hereby authorized:

(1) to accept and receive the premiums given by the Trustees of the Peabody Institute to the High Schools of Baltimore City, as specified in Mr. Peabody’s letter to his trustees; and

(2) to have the same distributed from time to time in such a manner as it shall deem most conducive to the benefit of the schools and the objects of the donor.

*History: Ord. 48-433*